Bill Amendment: IL SB0584 | 2015-2016 | 99th General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: STATE GOVERNMENT-TECH
Status: 2017-01-09 - Senate Floor Amendment No. 4 Be Approved for Consideration Assignments [SB0584 Detail]
Download: Illinois-2015-SB0584-Senate_Amendment_001.html
Bill Title: STATE GOVERNMENT-TECH
Status: 2017-01-09 - Senate Floor Amendment No. 4 Be Approved for Consideration Assignments [SB0584 Detail]
Download: Illinois-2015-SB0584-Senate_Amendment_001.html
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1 | AMENDMENT TO SENATE BILL 584
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2 | AMENDMENT NO. ______. Amend Senate Bill 584 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The State Officials and Employees Ethics Act is | ||||||
5 | amended by changing Section 20-5 as follows:
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6 | (5 ILCS 430/20-5)
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7 | Sec. 20-5. Executive Ethics Commission.
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8 | (a) The Executive Ethics Commission is created.
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9 | (b) The Executive Ethics Commission shall consist of 9
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10 | commissioners.
The Governor shall appoint 5 commissioners, and | ||||||
11 | the Attorney General, Secretary
of State, Comptroller, and | ||||||
12 | Treasurer shall each appoint one commissioner.
Appointments | ||||||
13 | shall be made by and with the advice and consent of the
Senate | ||||||
14 | by three-fifths of the elected members concurring by record | ||||||
15 | vote.
Any nomination not acted upon by the Senate within 60 | ||||||
16 | session days of the
receipt thereof shall be deemed to have |
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1 | received the advice and consent of
the Senate. If, during a | ||||||
2 | recess of the Senate, there is a vacancy in an office
of | ||||||
3 | commissioner, the appointing authority shall make a temporary
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4 | appointment until the next meeting of the Senate when the | ||||||
5 | appointing
authority shall make a nomination to fill that | ||||||
6 | office. No person rejected for
an office of commissioner shall, | ||||||
7 | except by the Senate's request, be
nominated again for that | ||||||
8 | office at the same session of the Senate or be
appointed to | ||||||
9 | that office during a recess of that Senate.
No more than 5
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10 | commissioners may be of the same
political party.
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11 | The terms of the initial commissioners shall commence upon | ||||||
12 | qualification.
Four initial appointees of the Governor, as | ||||||
13 | designated by the Governor, shall
serve terms running through | ||||||
14 | June 30, 2007. One initial appointee of the
Governor, as | ||||||
15 | designated by the Governor, and the initial appointees of the
| ||||||
16 | Attorney General, Secretary of State, Comptroller, and | ||||||
17 | Treasurer shall serve
terms running through June 30, 2008.
The | ||||||
18 | initial appointments shall be made within 60 days
after the | ||||||
19 | effective date of this Act.
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20 | After the initial terms, commissioners shall serve for | ||||||
21 | 4-year terms
commencing on July 1 of the year of appointment | ||||||
22 | and running
through June 30 of the fourth following year. | ||||||
23 | Commissioners may be
reappointed to one or more subsequent | ||||||
24 | terms.
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25 | Vacancies occurring other than at the end of a term shall | ||||||
26 | be filled
by the appointing authority only for the balance of |
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1 | the
term of the commissioner whose office is vacant.
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2 | Terms shall run regardless of whether the position is | ||||||
3 | filled.
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4 | (c) The appointing authorities shall appoint commissioners | ||||||
5 | who
have experience holding governmental office or employment | ||||||
6 | and shall
appoint commissioners from the general public.
A | ||||||
7 | person is not eligible to
serve as a commissioner if that | ||||||
8 | person (i) has been convicted of a
felony or a crime of | ||||||
9 | dishonesty or moral turpitude, (ii) is, or was
within the | ||||||
10 | preceding 12 months, engaged in activities that
require | ||||||
11 | registration under the Lobbyist Registration Act, (iii) is | ||||||
12 | related
to the appointing authority, or (iv) is a State officer | ||||||
13 | or employee.
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14 | (d) The Executive Ethics Commission shall have
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15 | jurisdiction over all officers and employees of State agencies | ||||||
16 | other
than the General Assembly, the Senate, the House of | ||||||
17 | Representatives,
the President and Minority Leader of the | ||||||
18 | Senate, the Speaker and
Minority Leader of the House of | ||||||
19 | Representatives, the Senate
Operations Commission, the | ||||||
20 | legislative support services agencies, and
the Office of the | ||||||
21 | Auditor General.
The Executive Ethics Commission shall have | ||||||
22 | jurisdiction over all board members and employees of Regional | ||||||
23 | Transit Boards. The jurisdiction of the
Commission is limited | ||||||
24 | to matters arising under this Act, except as provided in | ||||||
25 | subsection (d-5).
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26 | A member or legislative branch State employee serving on an |
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1 | executive branch board or commission remains subject to the | ||||||
2 | jurisdiction of the Legislative Ethics Commission and is not | ||||||
3 | subject to the jurisdiction of the Executive Ethics Commission. | ||||||
4 | (d-5) The Executive Ethics Commission shall have | ||||||
5 | jurisdiction over all chief procurement officers and | ||||||
6 | procurement compliance monitors and their respective staffs. | ||||||
7 | The Executive Ethics Commission shall have jurisdiction over | ||||||
8 | any matters arising under the Illinois Procurement Code if the | ||||||
9 | Commission is given explicit authority in that Code. | ||||||
10 | (d-6) (1) The Executive Ethics Commission shall have | ||||||
11 | jurisdiction over the Illinois Power Agency and its staff. The | ||||||
12 | Director of the Agency shall be appointed by a majority of the | ||||||
13 | commissioners of the Executive Ethics Commission, subject to | ||||||
14 | Senate confirmation, for a term of 2 years. The Director is | ||||||
15 | removable for cause by a majority of the Commission upon a | ||||||
16 | finding of neglect, malfeasance, absence, or incompetence. | ||||||
17 | (2) In case of a vacancy in the office of Director of the | ||||||
18 | Illinois Power Agency during a recess of the Senate, the | ||||||
19 | Executive Ethics Commission may make a temporary appointment | ||||||
20 | until the next meeting of the Senate, at which time the | ||||||
21 | Executive Ethics Commission shall nominate some person to fill | ||||||
22 | the office, and any person so nominated who is confirmed by the | ||||||
23 | Senate shall hold office during the remainder of the term and | ||||||
24 | until his or her successor is appointed and qualified. Nothing | ||||||
25 | in this subsection shall prohibit the Executive Ethics | ||||||
26 | Commission from removing a temporary appointee or from |
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1 | appointing a temporary appointee as the Director of the | ||||||
2 | Illinois Power Agency. | ||||||
3 | (3) Prior to June 1, 2012, the Executive Ethics Commission | ||||||
4 | may, until the Director of the Illinois Power Agency is | ||||||
5 | appointed and qualified or a temporary appointment is made | ||||||
6 | pursuant to paragraph (2) of this subsection, designate some | ||||||
7 | person as an acting Director to execute the powers and | ||||||
8 | discharge the duties vested by law in that Director. An acting | ||||||
9 | Director shall serve no later than 60 calendar days, or upon | ||||||
10 | the making of an appointment pursuant to paragraph (1) or (2) | ||||||
11 | of this subsection, whichever is earlier. Nothing in this | ||||||
12 | subsection shall prohibit the Executive Ethics Commission from | ||||||
13 | removing an acting Director or from appointing an acting | ||||||
14 | Director as the Director of the Illinois Power Agency. | ||||||
15 | (4) No person rejected by the Senate for the office of | ||||||
16 | Director of the Illinois Power Agency shall, except at the | ||||||
17 | Senate's request, be nominated again for that office at the | ||||||
18 | same session or be appointed to that office during a recess of | ||||||
19 | that Senate. | ||||||
20 | (e) The Executive Ethics Commission must meet, either
in | ||||||
21 | person or by other technological means, at least monthly and as
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22 | often as necessary. At the first meeting of the Executive
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23 | Ethics Commission, the commissioners shall choose from their
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24 | number a chairperson and other officers that they deem | ||||||
25 | appropriate.
The terms of officers shall be for 2 years | ||||||
26 | commencing July 1 and
running through June 30 of the second |
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1 | following year. Meetings shall be held at
the call
of the | ||||||
2 | chairperson or any 3 commissioners. Official action by the
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3 | Commission shall require the affirmative vote of 5 | ||||||
4 | commissioners, and
a quorum shall consist of 5 commissioners. | ||||||
5 | Commissioners shall receive
compensation in an amount equal to | ||||||
6 | the compensation of members of the State
Board of Elections and | ||||||
7 | may be
reimbursed for their reasonable expenses actually | ||||||
8 | incurred in the
performance of their duties.
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9 | (f) No commissioner or employee of the Executive
Ethics | ||||||
10 | Commission may during his or her term of appointment or | ||||||
11 | employment:
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12 | (1) become a candidate for any elective office;
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13 | (2) hold any other elected or appointed public office | ||||||
14 | except for
appointments on governmental advisory boards or | ||||||
15 | study commissions or as
otherwise expressly authorized by | ||||||
16 | law;
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17 | (3) be actively involved in the affairs of any | ||||||
18 | political party or
political
organization; or
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19 | (4) advocate for the appointment of another person to | ||||||
20 | an appointed or elected office or position or actively | ||||||
21 | participate in any campaign for any elective office.
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22 | (g) An appointing authority may remove a commissioner only | ||||||
23 | for cause.
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24 | (h) The Executive Ethics Commission shall appoint an | ||||||
25 | Executive Director. The
compensation of the Executive Director | ||||||
26 | shall be as determined by the Commission. The Executive
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1 | Director of the Executive Ethics Commission may employ and | ||||||
2 | determine the
compensation of staff, as appropriations permit.
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3 | (i) The Executive Ethics Commission shall appoint, by a | ||||||
4 | majority of the members appointed to the Commission, chief | ||||||
5 | procurement officers and may appoint procurement compliance | ||||||
6 | monitors in accordance with the provisions of the Illinois | ||||||
7 | Procurement Code. The compensation of a chief procurement | ||||||
8 | officer and procurement compliance monitor shall be determined | ||||||
9 | by the Commission. | ||||||
10 | (Source: P.A. 96-555, eff. 8-18-09; 96-1528, eff. 7-1-11; | ||||||
11 | 97-618, eff. 10-26-11; 97-677, eff. 2-6-12.)
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12 | Section 10. The Illinois Procurement Code is amended by | ||||||
13 | changing Sections, 1-10, 1-12, 1-13, 1-15.20, 5-5, 5-30, 10-10, | ||||||
14 | 10-15, 15-25, 20-10, 20-15, 20-20, 20-25, 20-30, 20-43, 20-155, | ||||||
15 | 20-160, 20-170, 25-85, 35-5, 35-30, 45-30, 45-45, 45-57, 50-2, | ||||||
16 | 50-10, 50-10.5, 50-40, and 50-45 and by adding Sections 1-13.1, | ||||||
17 | 1-15.47, 1-15.48, 20-51, 20-170, and 25-85 as follows:
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18 | (30 ILCS 500/1-10)
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19 | Sec. 1-10. Application.
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20 | (a) This Code applies only to procurements for which | ||||||
21 | bidders, offerors, potential contractors, or contractors were | ||||||
22 | first
solicited on or after July 1, 1998. This Code shall not | ||||||
23 | be construed to affect
or impair any contract, or any provision | ||||||
24 | of a contract, entered into based on a
solicitation prior to |
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1 | the implementation date of this Code as described in
Article | ||||||
2 | 99, including but not limited to any covenant entered into with | ||||||
3 | respect
to any revenue bonds or similar instruments.
All | ||||||
4 | procurements for which contracts are solicited between the | ||||||
5 | effective date
of Articles 50 and 99 and July 1, 1998 shall be | ||||||
6 | substantially in accordance
with this Code and its intent.
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7 | (b) This Code shall apply regardless of the source of the | ||||||
8 | funds with which
the contracts are paid, including federal | ||||||
9 | assistance moneys.
This Code shall
not apply to:
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10 | (1) Contracts between the State and its political | ||||||
11 | subdivisions or other
governments, or between State | ||||||
12 | governmental bodies except as specifically
provided in | ||||||
13 | this Code.
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14 | (2) Grants, except for the filing requirements of | ||||||
15 | Section 20-80.
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16 | (3) Purchase of care.
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17 | (4) Hiring of an individual as employee and not as an | ||||||
18 | independent
contractor, whether pursuant to an employment | ||||||
19 | code or policy or by contract
directly with that | ||||||
20 | individual.
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21 | (5) Collective bargaining contracts.
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22 | (6) Purchase of real estate, except that notice of this | ||||||
23 | type of contract with a value of more than $25,000 must be | ||||||
24 | published in the Procurement Bulletin within 10 calendar | ||||||
25 | days after the deed is recorded in the county of | ||||||
26 | jurisdiction. The notice shall identify the real estate |
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1 | purchased, the names of all parties to the contract, the | ||||||
2 | value of the contract, and the effective date of the | ||||||
3 | contract.
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4 | (7) Contracts necessary to prepare for anticipated | ||||||
5 | litigation, enforcement
actions, or investigations, | ||||||
6 | provided
that the chief legal counsel to the Governor shall | ||||||
7 | give his or her prior
approval when the procuring agency is | ||||||
8 | one subject to the jurisdiction of the
Governor, and | ||||||
9 | provided that the chief legal counsel of any other | ||||||
10 | procuring
entity
subject to this Code shall give his or her | ||||||
11 | prior approval when the procuring
entity is not one subject | ||||||
12 | to the jurisdiction of the Governor.
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13 | (8) Contracts for
services to Northern Illinois | ||||||
14 | University by a person, acting as
an independent | ||||||
15 | contractor, who is qualified by education, experience, and
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16 | technical ability and is selected by negotiation for the | ||||||
17 | purpose of providing
non-credit educational service | ||||||
18 | activities or products by means of specialized
programs | ||||||
19 | offered by the university.
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20 | (9) Procurement expenditures by the Illinois | ||||||
21 | Conservation Foundation
when only private funds are used.
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22 | (10) Procurement expenditures by the Illinois Health | ||||||
23 | Information Exchange Authority involving private funds | ||||||
24 | from the Health Information Exchange Fund. "Private funds" | ||||||
25 | means gifts, donations, and private grants. | ||||||
26 | (11) Public-private agreements entered into in |
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1 | accordance with any law of this State according to the | ||||||
2 | procurement requirements of Section 20 of the | ||||||
3 | Public-Private Partnerships for Transportation Act and | ||||||
4 | design-build agreements entered into according to the | ||||||
5 | procurement requirements of Section 25 of the | ||||||
6 | Public-Private Partnerships for Transportation Act . | ||||||
7 | (12) Contracts for legal, financial, and other | ||||||
8 | professional and artistic services entered into on or | ||||||
9 | before December 31, 2018 by the Illinois Finance Authority | ||||||
10 | in which the State of Illinois is not obligated. Such | ||||||
11 | contracts shall be awarded through a competitive process | ||||||
12 | authorized by the Board of the Illinois Finance Authority | ||||||
13 | and are subject to Sections 5-30, 20-160, 50-13, 50-20, | ||||||
14 | 50-35, and 50-37 of this Code, as well as the final | ||||||
15 | approval by the Board of the Illinois Finance Authority of | ||||||
16 | the terms of the contract. | ||||||
17 | (13) Contracts for participation expenditures required | ||||||
18 | by a domestic or international trade show or exhibition of | ||||||
19 | an exhibitor, member, or sponsor. | ||||||
20 | (14) Contracts with a railroad or utility that requires | ||||||
21 | the State to reimburse the railroad or utilities for the | ||||||
22 | relocation of utilities for construction or other public | ||||||
23 | purposes. Contracts included within this paragraph (14) | ||||||
24 | shall include, but not be limited to, those associated with | ||||||
25 | relocation, crossings, installations, and maintenance. For | ||||||
26 | the purposes of this paragraph (14), "railroad" means any |
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1 | form of non-highway ground transportation that runs on | ||||||
2 | rails or electromagnetic guideways and "utility" means: | ||||||
3 | (1) public utilities as defined in Section 3-105 of the | ||||||
4 | Public Utilities Act, (2) telecommunication carriers as | ||||||
5 | defined in Section 13-202 of the Public Utilities Act, (3) | ||||||
6 | electric cooperatives as defined in Section 3.4 of the | ||||||
7 | Electric Supplier Act, (4) telephone or telecommunications | ||||||
8 | cooperatives as defined in Section 13-212 of the Public | ||||||
9 | Utilities Act, (5) rural water or waste water systems with | ||||||
10 | 10,000 connections or less, (6) a holder as defined in | ||||||
11 | Section 21-201 of the Public Utilities Act, and (7) | ||||||
12 | municipalities owning or operating public utilities as | ||||||
13 | that term is defined in Section 11-117-2 of the Illinois | ||||||
14 | Municipal Code. | ||||||
15 | Notwithstanding any other provision of law, contracts | ||||||
16 | entered into under paragraph item (12) of this subsection (b) | ||||||
17 | shall be published in the Procurement Bulletin within 14 | ||||||
18 | calendar days after contract execution. The chief procurement | ||||||
19 | officer shall prescribe the form and content of the notice. The | ||||||
20 | Illinois Finance Authority shall provide the chief procurement | ||||||
21 | officer, on a monthly basis, in the form and content prescribed | ||||||
22 | by the chief procurement officer, a report of contracts that | ||||||
23 | are related to the procurement of goods and services identified | ||||||
24 | in paragraph item (12) of this subsection (b). At a minimum, | ||||||
25 | this report shall include the name of the contractor, a | ||||||
26 | description of the supply or service provided, the total amount |
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1 | of the contract, the term of the contract, and the exception to | ||||||
2 | the Code utilized. A copy of each of these contracts shall be | ||||||
3 | made available to the chief procurement officer immediately | ||||||
4 | upon request. The chief procurement officer shall submit a | ||||||
5 | report to the Governor and General Assembly no later than | ||||||
6 | November 1 of each year that shall include, at a minimum, an | ||||||
7 | annual summary of the monthly information reported to the chief | ||||||
8 | procurement officer. | ||||||
9 | Notwithstanding any other provisions of law, contracts | ||||||
10 | entered into under paragraph (13) of this subsection (b) shall | ||||||
11 | be published in the Illinois Procurement Bulletin within 14 | ||||||
12 | calendar days after execution. The chief procurement officer | ||||||
13 | shall prescribe the form and content of the notice. The | ||||||
14 | applicable State agency shall provide to the chief procurement | ||||||
15 | officer, on a monthly basis, in the form and content prescribed | ||||||
16 | by the chief procurement officer, a report of the contracts | ||||||
17 | that are related to the procurement of supplies and services | ||||||
18 | identified in paragraph (13) of this subsection (b). At a | ||||||
19 | minimum, this report shall include the name of the contractor, | ||||||
20 | a description of the supply or service provided, the total | ||||||
21 | amount of the contract, the term of the contract, and the | ||||||
22 | exception of the Code utilized. A copy of any or all of these | ||||||
23 | contracts shall be made available to the chief procurement | ||||||
24 | officer immediately upon request. The chief procurement | ||||||
25 | officer shall submit a report to the Governor and General | ||||||
26 | Assembly no later than November 1 of each year that shall |
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1 | include, at a minimum, an annual summary of the monthly | ||||||
2 | information reported to the chief procurement officer. | ||||||
3 | (c) This Code does not apply to the electric power | ||||||
4 | procurement process provided for under Section 1-75 of the | ||||||
5 | Illinois Power Agency Act and Section 16-111.5 of the Public | ||||||
6 | Utilities Act. | ||||||
7 | (d) Except for Section 20-160 and Article 50 of this Code, | ||||||
8 | and as expressly required by Section 9.1 of the Illinois | ||||||
9 | Lottery Law, the provisions of this Code do not apply to the | ||||||
10 | procurement process provided for under Section 9.1 of the | ||||||
11 | Illinois Lottery Law. | ||||||
12 | (e) This Code does not apply to the process used by the | ||||||
13 | Capital Development Board to retain a person or entity to | ||||||
14 | assist the Capital Development Board with its duties related to | ||||||
15 | the determination of costs of a clean coal SNG brownfield | ||||||
16 | facility, as defined by Section 1-10 of the Illinois Power | ||||||
17 | Agency Act, as required in subsection (h-3) of Section 9-220 of | ||||||
18 | the Public Utilities Act, including calculating the range of | ||||||
19 | capital costs, the range of operating and maintenance costs, or | ||||||
20 | the sequestration costs or monitoring the construction of clean | ||||||
21 | coal SNG brownfield facility for the full duration of | ||||||
22 | construction. | ||||||
23 | (f) This Code does not apply to the process used by the | ||||||
24 | Illinois Power Agency to retain a mediator to mediate sourcing | ||||||
25 | agreement disputes between gas utilities and the clean coal SNG | ||||||
26 | brownfield facility, as defined in Section 1-10 of the Illinois |
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1 | Power Agency Act, as required under subsection (h-1) of Section | ||||||
2 | 9-220 of the Public Utilities Act. | ||||||
3 | (g) This Code does not apply to the processes used by the | ||||||
4 | Illinois Power Agency to retain a mediator to mediate contract | ||||||
5 | disputes between gas utilities and the clean coal SNG facility | ||||||
6 | and to retain an expert to assist in the review of contracts | ||||||
7 | under subsection (h) of Section 9-220 of the Public Utilities | ||||||
8 | Act. This Code does not apply to the process used by the | ||||||
9 | Illinois Commerce Commission to retain an expert to assist in | ||||||
10 | determining the actual incurred costs of the clean coal SNG | ||||||
11 | facility and the reasonableness of those costs as required | ||||||
12 | under subsection (h) of Section 9-220 of the Public Utilities | ||||||
13 | Act. | ||||||
14 | (h) This Code does not apply to the process to procure or | ||||||
15 | contracts entered into in accordance with Sections 11-5.2 and | ||||||
16 | 11-5.3 of the Illinois Public Aid Code. | ||||||
17 | (i) Each chief procurement officer may access records | ||||||
18 | necessary to review whether a contract, purchase, or other | ||||||
19 | expenditure is or is not subject to the provisions of this | ||||||
20 | Code, unless such records would be subject to attorney-client | ||||||
21 | privilege. | ||||||
22 | (j) This Code does not apply to the process used by the | ||||||
23 | Capital Development Board to retain an artist or work or works | ||||||
24 | of art as required in Section 14 of the Capital Development | ||||||
25 | Board Act. | ||||||
26 | (k) This Code does not apply to the process to procure |
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1 | contracts, or contracts entered into, by the State Board of | ||||||
2 | Elections or the State Electoral Board for hearing officers | ||||||
3 | appointed pursuant to the Election Code. | ||||||
4 | (l) This Code does not apply to the processes used by the | ||||||
5 | Illinois Student Assistance Commission to procure supplies and | ||||||
6 | services paid for from the private funds of the Illinois | ||||||
7 | Prepaid Tuition Trust Fund. "Private funds" means funds derived | ||||||
8 | from deposits paid into the Illinois Prepaid Tuition Trust Fund | ||||||
9 | and the earnings thereon. | ||||||
10 | (Source: P.A. 97-96, eff. 7-13-11; 97-239, eff. 8-2-11; 97-502, | ||||||
11 | eff. 8-23-11; 97-689, eff. 6-14-12; 97-813, eff. 7-13-12; | ||||||
12 | 97-895, eff. 8-3-12; 98-90, eff. 7-15-13; 98-463, eff. 8-16-13; | ||||||
13 | 98-572, eff. 1-1-14; 98-756, eff. 7-16-14; 98-1076, eff. | ||||||
14 | 1-1-15 .)
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15 | (30 ILCS 500/1-12) | ||||||
16 | (Section scheduled to be repealed on December 31, 2016) | ||||||
17 | Sec. 1-12. Applicability to artistic or musical services. | ||||||
18 | (a) This Code shall
not apply to procurement expenditures | ||||||
19 | necessary to provide artistic or musical services, | ||||||
20 | performances, or theatrical productions held at a venue | ||||||
21 | operated or leased by a State agency. | ||||||
22 | (b) Notice of each contract entered into by a State agency | ||||||
23 | that is related to the procurement of goods and services | ||||||
24 | identified in this Section shall be published in the Illinois | ||||||
25 | Procurement Bulletin within 14 calendar days after contract |
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1 | execution. The chief procurement officer shall prescribe the | ||||||
2 | form and content of the notice. Each State agency shall provide | ||||||
3 | the chief procurement officer, on a monthly basis, in the form | ||||||
4 | and content prescribed by the chief procurement officer, a | ||||||
5 | report of contracts that are related to the procurement of | ||||||
6 | goods and services identified in this Section. At a minimum, | ||||||
7 | this report shall include the name of the contractor, a | ||||||
8 | description of the supply or service provided, the total amount | ||||||
9 | of the contract, the term of the contract, and the exception to | ||||||
10 | the Code utilized. A copy of any or all of these contracts | ||||||
11 | shall be made available to the chief procurement officer | ||||||
12 | immediately upon request. The chief procurement officer shall | ||||||
13 | submit a report to the Governor and General Assembly no later | ||||||
14 | than November 1 of each year that shall include, at a minimum, | ||||||
15 | an annual summary of the monthly information reported to the | ||||||
16 | chief procurement officer. | ||||||
17 | (c) (Blank).
This Section is repealed December 31, 2016.
| ||||||
18 | (Source: P.A. 97-895, eff. 8-3-12; 98-1076, eff. 1-1-15 .)
| ||||||
19 | (30 ILCS 500/1-13) | ||||||
20 | (Section scheduled to be repealed on December 31, 2016) | ||||||
21 | Sec. 1-13. Applicability to public institutions of higher | ||||||
22 | education. | ||||||
23 | (a) This Code shall apply to public institutions of higher | ||||||
24 | education, regardless of the source of the funds with which | ||||||
25 | contracts are paid, except as provided in this Section. |
| |||||||
| |||||||
1 | (b) Except as provided in this Section, this Code shall not | ||||||
2 | apply to procurements made by or on behalf of public | ||||||
3 | institutions of higher education for any of the following: | ||||||
4 | (1) Memberships in professional, academic, research, | ||||||
5 | or athletic organizations on behalf of a public institution | ||||||
6 | of higher education, an employee of a public institution of | ||||||
7 | higher education, or a student at a public institution of | ||||||
8 | higher education. | ||||||
9 | (2) Procurement expenditures for events or activities | ||||||
10 | paid for exclusively by revenues generated by the event or | ||||||
11 | activity, gifts or donations for the event or activity, | ||||||
12 | private grants, or any combination thereof. | ||||||
13 | (3) Procurement expenditures for events or activities | ||||||
14 | for which the use of specific potential contractors is | ||||||
15 | mandated or identified by the sponsor of the event or | ||||||
16 | activity, provided that the sponsor is providing a majority | ||||||
17 | of the funding for the event or activity. | ||||||
18 | (4) Procurement expenditures necessary to provide | ||||||
19 | athletic, artistic or musical services, performances, | ||||||
20 | events, or productions held at a venue operated by or for a | ||||||
21 | public institution of higher education. | ||||||
22 | (5) Procurement expenditures for periodicals and | ||||||
23 | books , subscriptions, database licenses, and other | ||||||
24 | publications procured for use by a university library or | ||||||
25 | academic department, except for expenditures related to | ||||||
26 | procuring textbooks for student use or materials for resale |
| |||||||
| |||||||
1 | or rental. | ||||||
2 | (6) Procurement expenditures for placement of students | ||||||
3 | in externships, practicums, field experiences, and for | ||||||
4 | medical residencies and rotations. | ||||||
5 | (7) Contracts for programming and broadcast license | ||||||
6 | rights for university-operated radio and television | ||||||
7 | stations. | ||||||
8 | (8) Procurement expenditures necessary to perform | ||||||
9 | sponsored research and other sponsored activities under | ||||||
10 | grants and contracts funded by the sponsor or by sources | ||||||
11 | other than State appropriations. | ||||||
12 | (9) Contracts with a foreign entity for research or | ||||||
13 | educational activities, provided that the foreign entity | ||||||
14 | either does not maintain an office in the United States or | ||||||
15 | is the sole source of the service or product. | ||||||
16 | (10) Procurement of food items for commercial resale on | ||||||
17 | the campus of or at a facility controlled by an institution | ||||||
18 | of higher education. | ||||||
19 | Notice of each contract entered into by a public institution of | ||||||
20 | higher education that is related to the procurement of goods | ||||||
21 | and services identified in items (1) through (10) (7) of this | ||||||
22 | subsection shall be published in the Procurement Bulletin | ||||||
23 | within 14 calendar days after contract execution. The Chief | ||||||
24 | Procurement Officer shall prescribe the form and content of the | ||||||
25 | notice. Each public institution of higher education shall | ||||||
26 | provide the Chief Procurement Officer, on a monthly basis, in |
| |||||||
| |||||||
1 | the form and content prescribed by the Chief Procurement | ||||||
2 | Officer, a report of contracts that are related to the | ||||||
3 | procurement of goods and services identified in this | ||||||
4 | subsection. At a minimum, this report shall include the name of | ||||||
5 | the contractor, a description of the supply or service | ||||||
6 | provided, the total amount of the contract, the term of the | ||||||
7 | contract, and the exception to the Code utilized. A copy of any | ||||||
8 | or all of these contracts shall be made available to the Chief | ||||||
9 | Procurement Officer immediately upon request. The Chief | ||||||
10 | Procurement Officer shall submit a report to the Governor and | ||||||
11 | General Assembly no later than November 1 of each year that | ||||||
12 | shall include, at a minimum, an annual summary of the monthly | ||||||
13 | information reported to the Chief Procurement Officer. | ||||||
14 | (b-5) Except as provided in this subsection, the provisions | ||||||
15 | of this Code shall not apply to contracts for medical | ||||||
16 | FDA-regulated supplies, and to contracts for medical services | ||||||
17 | necessary for the delivery of care and treatment at medical, | ||||||
18 | dental, or veterinary teaching facilities utilized by Southern | ||||||
19 | Illinois University or the University of Illinois and at any | ||||||
20 | university-operated health care center or dispensary that | ||||||
21 | provides care, treatment, and medications for students, | ||||||
22 | faculty and staff . Other supplies and services needed for these | ||||||
23 | teaching facilities shall be subject to the jurisdiction of the | ||||||
24 | Chief Procurement Officer for Public Institutions of Higher | ||||||
25 | Education who may establish expedited procurement procedures | ||||||
26 | and may waive or modify certification, contract, hearing, |
| |||||||
| |||||||
1 | process and registration requirements required by the Code. All | ||||||
2 | procurements made under this subsection shall be documented and | ||||||
3 | may require publication in the Illinois Procurement Bulletin. | ||||||
4 | (c) Procurements made by or on behalf of public | ||||||
5 | institutions of higher education for any of the following shall | ||||||
6 | be made in accordance with the requirements of this Code to the | ||||||
7 | extent practical as provided in this subsection: | ||||||
8 | (1) Contracts with a foreign entity necessary for | ||||||
9 | research or educational activities, provided that the | ||||||
10 | foreign entity either does not maintain an office in the | ||||||
11 | United States or is the sole source of the service or | ||||||
12 | product. | ||||||
13 | (2) (Blank). | ||||||
14 | (3) (Blank). | ||||||
15 | (4) Procurements required for fulfillment of a grant. | ||||||
16 | Upon the written request of a public institution of higher | ||||||
17 | education, the Chief Procurement Officer may waive | ||||||
18 | registration, certification, and hearing requirements of this | ||||||
19 | Code if, based on the item to be procured or the terms of a | ||||||
20 | grant, compliance is impractical. The public institution of | ||||||
21 | higher education shall provide the Chief Procurement Officer | ||||||
22 | with specific reasons for the waiver, including the necessity | ||||||
23 | of contracting with a particular potential contractor, and | ||||||
24 | shall certify that an effort was made in good faith to comply | ||||||
25 | with the provisions of this Code. The Chief Procurement Officer | ||||||
26 | shall provide written justification for any waivers. By |
| |||||||
| |||||||
1 | November 1 of each year, the Chief Procurement Officer shall | ||||||
2 | file a report with the General Assembly identifying each | ||||||
3 | contract approved with waivers and providing the justification | ||||||
4 | given for any waivers for each of those contracts. Notice of | ||||||
5 | each waiver made under this subsection shall be published in | ||||||
6 | the Procurement Bulletin within 14 calendar days after contract | ||||||
7 | execution. The Chief Procurement Officer shall prescribe the | ||||||
8 | form and content of the notice. | ||||||
9 | (d) Notwithstanding this Section, a waiver of the | ||||||
10 | registration requirements of Section 20-160 does not permit a | ||||||
11 | business entity and any affiliated entities or affiliated | ||||||
12 | persons to make campaign contributions if otherwise prohibited | ||||||
13 | by Section 50-37. The total amount of contracts awarded in | ||||||
14 | accordance with this Section shall be included in determining | ||||||
15 | the aggregate amount of contracts or pending bids of a business | ||||||
16 | entity and any affiliated entities or affiliated persons. | ||||||
17 | (e) Notwithstanding subsection (e) of Section 50-10.5 of | ||||||
18 | this Code, the Chief Procurement Officer, with the approval of | ||||||
19 | the Executive Ethics Commission, may permit a public | ||||||
20 | institution of higher education to accept a bid or enter into a | ||||||
21 | contract with a business that assisted the public institution | ||||||
22 | of higher education in determining whether there is a need for | ||||||
23 | a contract or assisted in reviewing, drafting, or preparing | ||||||
24 | documents related to a bid or contract, provided that the bid | ||||||
25 | or contract is essential to research administered by the public | ||||||
26 | institution of higher education and it is in the best interest |
| |||||||
| |||||||
1 | of the public institution of higher education to accept the bid | ||||||
2 | or contract. For purposes of this subsection, "business" | ||||||
3 | includes all individuals with whom a business is affiliated, | ||||||
4 | including, but not limited to, any officer, agent, employee, | ||||||
5 | consultant, independent contractor, director, partner, | ||||||
6 | manager, or shareholder of a business. The Executive Ethics | ||||||
7 | Commission may promulgate rules and regulations for the | ||||||
8 | implementation and administration of the provisions of this | ||||||
9 | subsection (e). | ||||||
10 | (f) As used in this Section: | ||||||
11 | "Grant" means non-appropriated funding provided by a | ||||||
12 | federal or private entity to support a project or program | ||||||
13 | administered by a public institution of higher education and | ||||||
14 | any non-appropriated funding provided to a sub-recipient of the | ||||||
15 | grant. | ||||||
16 | "Public institution of higher education" means Chicago | ||||||
17 | State University, Eastern Illinois University, Governors State | ||||||
18 | University, Illinois State University, Northeastern Illinois | ||||||
19 | University, Northern Illinois University, Southern Illinois | ||||||
20 | University, University of Illinois, Western Illinois | ||||||
21 | University, and, for purposes of this Code only, the Illinois | ||||||
22 | Mathematics and Science Academy. | ||||||
23 | (g) (Blank). This Section is repealed on December 31, 2016.
| ||||||
24 | (Source: P.A. 97-643, eff. 12-20-11; 97-895, eff. 8-3-12; | ||||||
25 | 98-1076, eff. 1-1-15 .)
|
| |||||||
| |||||||
1 | (30 ILCS 500/1-13.1 new) | ||||||
2 | Sec. 1-13.1. Continuation of Section 1-13 of this Code; | ||||||
3 | validation. | ||||||
4 | (a) The General Assembly finds and declares that: | ||||||
5 | (1) Public Act 98-1076, which took effect on January 1, | ||||||
6 | 2015, changed the repeal date set for Section 1-13 of this | ||||||
7 | Code from December 31, 2014 to December 31, 2016. | ||||||
8 | (2) The Statute on Statutes sets forth general rules on | ||||||
9 | the repeal of statutes and the construction of multiple | ||||||
10 | amendments, but Section 1 of that Act also states that | ||||||
11 | these rules will not be observed when the result would be | ||||||
12 | "inconsistent with the manifest intent of the General | ||||||
13 | Assembly or repugnant to the context of the statute". | ||||||
14 | (3) This amendatory Act of the 99th General Assembly | ||||||
15 | manifests the intention of the General Assembly to remove | ||||||
16 | the repeal of Section 1-13 of this Code. | ||||||
17 | (4) Section 1-13 of this Code was originally enacted to | ||||||
18 | protect, promote, and preserve the general welfare. Any | ||||||
19 | construction of Section 1-13 of this Code that results in | ||||||
20 | the repeal of that Section on December 31, 2014 would be | ||||||
21 | inconsistent with the manifest intent of the General | ||||||
22 | Assembly and repugnant to the context of this Code. | ||||||
23 | (b) It is hereby declared to have been the intent of the | ||||||
24 | General Assembly that Section 1-13 of this Code not be subject | ||||||
25 | to repeal on December 31, 2014. | ||||||
26 | (c) Section 1-13 of this Code shall be deemed to have been |
| |||||||
| |||||||
1 | in continuous effect since December 20, 2011 (the effective | ||||||
2 | date of Public Act 97-643), and it shall continue to be in | ||||||
3 | effect henceforward until it is otherwise lawfully repealed. | ||||||
4 | All previously enacted amendments to Section 1-13 of this Code | ||||||
5 | taking effect on or after December 31, 2014, are hereby | ||||||
6 | validated. | ||||||
7 | (d) All actions taken in reliance on or pursuant to Section | ||||||
8 | 1-13 of this Code by any public institution of higher | ||||||
9 | education, person, or entity are hereby validated. | ||||||
10 | (e) In order to ensure the continuing effectiveness of | ||||||
11 | Section 1-13 of this Code, it is set forth in full and | ||||||
12 | re-enacted by this amendatory Act of the 99th General Assembly. | ||||||
13 | This re-enactment is intended as a continuation of that | ||||||
14 | Section. It is not intended to supersede any amendment to that | ||||||
15 | Section that is enacted by the 99th General Assembly. | ||||||
16 | (f) In this amendatory Act of the 99th General Assembly, | ||||||
17 | the base text of the reenacted Section is set forth as amended | ||||||
18 | by Public Act 98-1076. Striking and underscoring is used only | ||||||
19 | to show changes being made to the base text. In this instance, | ||||||
20 | no underscoring or striking is shown in the base text because | ||||||
21 | no additional changes are being made. | ||||||
22 | (g) Section 1-13 of this Code applies to all procurements | ||||||
23 | made on or before the effective date of this amendatory Act of | ||||||
24 | the 99th General Assembly.
| ||||||
25 | (30 ILCS 500/1-15.20)
|
| |||||||
| |||||||
1 | Sec. 1-15.20. Construction , and construction-related , and | ||||||
2 | construction support services.
"Construction" means
building, | ||||||
3 | altering, repairing,
improving, or demolishing any public | ||||||
4 | structure or building, or
making improvements of any kind
to | ||||||
5 | public real property. Construction does not include the
routine | ||||||
6 | operation, routine repair, or
routine maintenance of existing | ||||||
7 | structures, buildings, or real
property.
| ||||||
8 | "Construction-related services" means those services | ||||||
9 | including construction
design, layout, inspection, support, | ||||||
10 | feasibility or location study, research,
development, | ||||||
11 | planning, or other investigative study undertaken by a
| ||||||
12 | construction agency concerning construction or potential | ||||||
13 | construction.
| ||||||
14 | "Construction support" means all equipment, supplies, and | ||||||
15 | services that are necessary to the operation of a construction | ||||||
16 | agency's construction program. | ||||||
17 | (Source: P.A. 90-572, eff. 2-6-98.)
| ||||||
18 | (30 ILCS 500/1-15.47 new) | ||||||
19 | Sec. 1-15.47. Master contract. "Master contract" means a | ||||||
20 | definite quantity, indefinite quantity, or requirements | ||||||
21 | contract awarded in accordance with this Code, against which | ||||||
22 | subsequent orders may be placed to meet the needs of a State | ||||||
23 | purchasing entity. A master contract may be for use by a single | ||||||
24 | State purchasing entity or for multiple State purchasing | ||||||
25 | entities and other entities as authorized under the |
| |||||||
| |||||||
1 | Governmental Joint Purchasing Act.
| ||||||
2 | (30 ILCS 500/1-15.48 new) | ||||||
3 | Sec. 1-15.48. Multiple award. "Multiple award" means an | ||||||
4 | award that is made to 2 or more bidders or offerors for similar | ||||||
5 | supplies, services, or construction-related services.
| ||||||
6 | (30 ILCS 500/5-5)
| ||||||
7 | Sec. 5-5. Procurement Policy Board.
| ||||||
8 | (a) Creation. There is created a Procurement Policy Board, | ||||||
9 | an agency of the State of Illinois.
| ||||||
10 | (b) Authority and duties. The Board shall have the
| ||||||
11 | authority and responsibility to
review, comment upon, and | ||||||
12 | recommend, consistent with this Code, rules and
practices | ||||||
13 | governing the
procurement, management, control,
and disposal | ||||||
14 | of supplies, services, professional or artistic
services, | ||||||
15 | construction, and real
property and capital improvement leases | ||||||
16 | procured by the State.
The Board shall also have the authority | ||||||
17 | to recommend a program for professional development and provide | ||||||
18 | opportunities for training in procurement practices and | ||||||
19 | policies to chief procurement officers and their staffs in | ||||||
20 | order to ensure that all procurement is conducted in an | ||||||
21 | efficient, professional, and appropriately transparent manner. | ||||||
22 | Upon a three-fifths vote of its members, the Board may | ||||||
23 | review a
contract.
Upon a three-fifths vote of its members, the | ||||||
24 | Board may propose procurement
rules for consideration by chief |
| |||||||
| |||||||
1 | procurement officers. These proposals shall
be published in | ||||||
2 | each volume of the Procurement Bulletin.
Except as otherwise | ||||||
3 | provided by law, the Board shall act upon the vote of a
| ||||||
4 | majority of its members who have been appointed and are | ||||||
5 | serving.
| ||||||
6 | (b-5) Reviews, studies, and hearings. The Board may review, | ||||||
7 | study, and hold public hearings concerning the implementation | ||||||
8 | and administration of this Code. Each chief procurement | ||||||
9 | officer, State purchasing officer, procurement compliance | ||||||
10 | monitor, and State agency shall cooperate with the Board, | ||||||
11 | provide information to the Board, and be responsive to the | ||||||
12 | Board in the Board's conduct of its reviews, studies, and | ||||||
13 | hearings.
| ||||||
14 | (c) Members. The Board shall consist of 5 members
appointed | ||||||
15 | one each by the 4 legislative leaders and
the Governor.
Each
| ||||||
16 | member shall have demonstrated sufficient business or | ||||||
17 | professional
experience in the area of
procurement to perform | ||||||
18 | the functions of the Board. No member may be a member
of the | ||||||
19 | General Assembly.
| ||||||
20 | (d) Terms. Of the initial appointees, the Governor shall
| ||||||
21 | designate one member, as Chairman, to serve
a one-year term, | ||||||
22 | the President of the Senate and the Speaker of the House shall
| ||||||
23 | each appoint one member to serve 3-year terms, and the Minority | ||||||
24 | Leader of the
House
and the Minority Leader of the Senate shall | ||||||
25 | each
appoint one member to serve 2-year terms. Subsequent
terms | ||||||
26 | shall be 4 years. Members may be reappointed for
succeeding |
| |||||||
| |||||||
1 | terms.
| ||||||
2 | (e) Reimbursement. Members shall receive no compensation
| ||||||
3 | but shall be reimbursed
for any expenses reasonably incurred in | ||||||
4 | the performance of their
duties.
| ||||||
5 | (f) Staff support. Upon a three-fifths vote of its members, | ||||||
6 | the Board may
employ an executive director. Subject to | ||||||
7 | appropriation, the
Board also may employ a reasonable and | ||||||
8 | necessary number of staff persons.
| ||||||
9 | (g) Meetings. Meetings of the Board may be conducted | ||||||
10 | telephonically,
electronically, or through the use of other | ||||||
11 | telecommunications.
Written minutes of such meetings shall be
| ||||||
12 | created and available for public inspection and copying.
| ||||||
13 | (h) Procurement recommendations. Upon a three-fifths vote | ||||||
14 | of its members, the Board may review a proposal, bid, or | ||||||
15 | contract and issue a recommendation to void a contract or | ||||||
16 | reject a proposal or bid based on any violation of this Code or | ||||||
17 | the existence of a conflict of interest as described in | ||||||
18 | subsections (b) and (d) of Section 50-35. A chief procurement | ||||||
19 | officer or State purchasing officer shall notify the Board if | ||||||
20 | an alleged conflict of interest or violation of the Code is | ||||||
21 | identified, discovered, or reasonably suspected to exist. Any | ||||||
22 | person or entity may notify the Board of an alleged conflict of | ||||||
23 | interest or violation of the Code. A recommendation of the | ||||||
24 | Board shall be delivered to the appropriate chief procurement | ||||||
25 | officer and Executive Ethics Commission within 7 calendar days | ||||||
26 | and must be published in the next volume of the Procurement |
| |||||||
| |||||||
1 | Bulletin. In the event that an alleged conflict of interest or | ||||||
2 | violation of the
Code that was not originally disclosed with | ||||||
3 | the bid, offer, or proposal is identified and filed with the | ||||||
4 | Board, the
Board shall provide written notice of the alleged | ||||||
5 | conflict of interest or violation to the bidder, offeror, | ||||||
6 | potential contractor, contractor, or subcontractor on that | ||||||
7 | contract. If
the alleged conflict of interest or violation is | ||||||
8 | by the subcontractor, written notice shall also be provided to | ||||||
9 | the bidder, offeror, potential contractor, or contractor. The | ||||||
10 | bidder, offeror, potential contractor,
contractor, or | ||||||
11 | subcontractor shall have 15 calendar days to provide a written | ||||||
12 | response to the notice, and a hearing before
the Board on the | ||||||
13 | alleged conflict of interest or violation shall be held upon | ||||||
14 | request by the bidder, offeror, potential contractor, | ||||||
15 | contractor, or subcontractor. The requested hearing date and | ||||||
16 | time shall
be determined by the Board, but in no event shall | ||||||
17 | the hearing occur later than 15 calendar days after the date of | ||||||
18 | the request. | ||||||
19 | (i) After providing notice and a hearing as required by | ||||||
20 | subsection (h), the Board shall refer any alleged violations of | ||||||
21 | this Code to the Executive Inspector General in addition to or | ||||||
22 | instead of issuing a recommendation to void a contract. | ||||||
23 | (j) Each State agency must respond promptly in writing to | ||||||
24 | all inquiries and comments of the Procurement Policy Board. | ||||||
25 | (Source: P.A. 97-895, eff. 8-3-12; 98-1076, eff. 1-1-15 .)
|
| |||||||
| |||||||
1 | (30 ILCS 500/5-30) | ||||||
2 | Sec. 5-30. Proposed contracts; Procurement Policy Board. | ||||||
3 | (a) Except as provided in subsection (c), within 15 30 | ||||||
4 | calendar days after notice of the awarding or letting of a | ||||||
5 | contract has appeared in the Procurement Bulletin in accordance | ||||||
6 | with subsection (b) of Section 15-25, the Board may request in | ||||||
7 | writing from the contracting agency and the contracting agency | ||||||
8 | shall promptly, but in no event later than 7 calendar days | ||||||
9 | after receipt of the request, provide to the Board, by | ||||||
10 | electronic or other means satisfactory to the Board, | ||||||
11 | documentation in the possession of the contracting agency | ||||||
12 | concerning the proposed contract. Nothing in this subsection is | ||||||
13 | intended to waive or abrogate any privilege or right of | ||||||
14 | confidentiality authorized by law. | ||||||
15 | (b) No contract subject to this Section may be entered into | ||||||
16 | until the 15-day 30-day period described in subsection (a) has | ||||||
17 | expired, unless the contracting agency requests in writing that | ||||||
18 | the Board waive the period and the Board grants the waiver in | ||||||
19 | writing.
| ||||||
20 | (c) This Section does not apply to (i) contracts entered | ||||||
21 | into under this Code for small and emergency procurements as | ||||||
22 | those procurements are defined in Article 20 and (ii) contracts | ||||||
23 | for professional and artistic services that are nonrenewable, | ||||||
24 | one year or less in duration, and have a value of less than | ||||||
25 | $20,000. If requested in writing by the Board, however, the | ||||||
26 | contracting agency must promptly, but in no event later than 10 |
| |||||||
| |||||||
1 | calendar days after receipt of the request, transmit to the | ||||||
2 | Board a copy of the contract for an emergency procurement and | ||||||
3 | documentation in the possession of the contracting agency | ||||||
4 | concerning the contract.
| ||||||
5 | (Source: P.A. 98-1076, eff. 1-1-15 .)
| ||||||
6 | (30 ILCS 500/10-10)
| ||||||
7 | Sec. 10-10. Independent State purchasing officers. | ||||||
8 | (a) The chief procurement officer shall
appoint a State | ||||||
9 | purchasing officer for each agency that the chief procurement | ||||||
10 | officer is responsible for under Section 1-15.15. A State | ||||||
11 | purchasing officer shall be located in the State agency that | ||||||
12 | the officer serves but shall report to his or her respective | ||||||
13 | chief procurement officer. The State purchasing officer shall | ||||||
14 | have direct communication with agency staff assigned to assist | ||||||
15 | with any procurement process. At the direction of his or her | ||||||
16 | respective chief procurement officer, a State purchasing | ||||||
17 | officer shall have the authority to (i) review each contract or | ||||||
18 | contract amendment prior to execution to ensure that applicable | ||||||
19 | procurement and contracting standards were followed, and (ii) | ||||||
20 | approve or reject contracts for a purchasing agency. If the | ||||||
21 | State purchasing officer provides written approval of the | ||||||
22 | contract, the head of the applicable State agency shall have | ||||||
23 | the authority to sign and enter into that contract. All actions | ||||||
24 | of a State purchasing officer are subject to review by a chief | ||||||
25 | procurement officer in accordance with procedures and policies |
| |||||||
| |||||||
1 | established by the chief procurement officer. | ||||||
2 | (a-5) A State purchasing officer owes a fiduciary duty to | ||||||
3 | the State. | ||||||
4 | (a-10) A State purchasing officer may: (i) attend any | ||||||
5 | procurement meetings; (ii) access any records or files related | ||||||
6 | to procurement; (iii) issue reports to the chief procurement | ||||||
7 | officer on procurement issues that present issues; (iv) ensure | ||||||
8 | the State agency is maintaining appropriate records; and (v) | ||||||
9 | ensure transparency of the procurement process. | ||||||
10 | (a-15) If a State purchasing officer is aware of | ||||||
11 | misconduct, waste, or inefficiency with respect to State | ||||||
12 | procurement, the State purchasing officer shall advise the | ||||||
13 | State agency of the issue in writing. If the State agency does | ||||||
14 | not correct the issue, the State purchasing officer shall | ||||||
15 | report the problem, in writing, to the chief procurement | ||||||
16 | officer and Inspector General. | ||||||
17 | (b) In addition to any other requirement or qualification | ||||||
18 | required by State law, within 30 months after appointment, a | ||||||
19 | State purchasing officer must be a Certified Professional | ||||||
20 | Public Buyer or a Certified Public Purchasing Officer, pursuant | ||||||
21 | to certification by the Universal Public Purchasing | ||||||
22 | Certification Council. A State purchasing officer shall serve a | ||||||
23 | term of 5 years beginning on the date of the officer's | ||||||
24 | appointment. A State purchasing officer shall have an office | ||||||
25 | located in the State agency that the officer serves but shall | ||||||
26 | report to the chief procurement officer. A State purchasing |
| |||||||
| |||||||
1 | officer may be removed by a chief procurement officer for cause | ||||||
2 | after a hearing by the Executive Ethics Commission. The chief | ||||||
3 | procurement officer or executive officer of the State agency | ||||||
4 | housing the State purchasing officer may institute a complaint | ||||||
5 | against the State purchasing officer by filing such a complaint | ||||||
6 | with the Commission and the Commission shall have a public | ||||||
7 | hearing based on the complaint. The State purchasing officer, | ||||||
8 | chief procurement officer, and executive officer of the State | ||||||
9 | agency shall receive notice of the hearing and shall be | ||||||
10 | permitted to present their respective arguments on the | ||||||
11 | complaint. After the hearing, the Commission shall make a | ||||||
12 | non-binding recommendation on whether the State purchasing | ||||||
13 | officer shall be removed. The salary of a State purchasing | ||||||
14 | officer shall be established by the chief procurement officer | ||||||
15 | and may not be diminished during the officer's term. In the | ||||||
16 | absence of an appointed State purchasing
officer, the | ||||||
17 | applicable
chief procurement officer shall exercise the | ||||||
18 | procurement authority created by
this Code and may appoint a | ||||||
19 | temporary acting State purchasing officer.
| ||||||
20 | (Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793 | ||||||
21 | for the effective date of changes made by P.A. 96-795); 97-895, | ||||||
22 | eff. 8-3-12.)
| ||||||
23 | (30 ILCS 500/10-15)
| ||||||
24 | Sec. 10-15. Procurement compliance monitors. | ||||||
25 | (a) The Executive Ethics Commission may shall appoint |
| |||||||
| |||||||
1 | procurement compliance monitors to oversee and review the | ||||||
2 | procurement processes. Each procurement compliance monitor | ||||||
3 | shall serve a term of 5 years beginning on the date of the | ||||||
4 | officer's appointment. Each procurement compliance monitor | ||||||
5 | appointed pursuant to this Section and serving a 5-year term on | ||||||
6 | the effective date of this Amendatory Act of the 99th General | ||||||
7 | Assembly, shall have an office located in the State agency that | ||||||
8 | the monitor serves but shall report to and serve at the | ||||||
9 | direction of a the appropriate chief procurement officer in the | ||||||
10 | performance of procurement-related duties until the expiration | ||||||
11 | of the monitor's term . The compliance monitor shall have direct | ||||||
12 | communications with the executive officer of a State agency in | ||||||
13 | exercising duties. A procurement compliance monitor may be | ||||||
14 | removed only for cause after a hearing by the Executive Ethics | ||||||
15 | Commission. The appropriate chief procurement officer or | ||||||
16 | executive officer of the State agency housing the procurement | ||||||
17 | compliance monitor may institute a complaint against the | ||||||
18 | procurement compliance monitor with the Commission and the | ||||||
19 | Commission shall hold a public hearing based on the complaint. | ||||||
20 | The procurement compliance monitor , State purchasing officer, | ||||||
21 | appropriate chief procurement officer, and executive officer | ||||||
22 | of the State agency shall receive notice of the hearing and | ||||||
23 | shall be permitted to present their respective arguments on the | ||||||
24 | complaint. After the hearing, the Commission shall determine | ||||||
25 | whether the procurement compliance monitor shall be removed. | ||||||
26 | The salary of a procurement compliance monitor shall be |
| |||||||
| |||||||
1 | established by the Executive Ethics Commission and may not be | ||||||
2 | diminished during the officer's term. | ||||||
3 | (b) The procurement compliance monitor shall: (i) review | ||||||
4 | any procurement, contract, or contract amendment as directed by | ||||||
5 | the Executive Ethics Commission or a chief procurement officer; | ||||||
6 | and (ii) report any findings of the review, in writing, to the | ||||||
7 | Commission, the affected agency, the chief procurement officer | ||||||
8 | responsible for the affected agency, and any entity requesting | ||||||
9 | the review. The procurement compliance monitor may: (i) review | ||||||
10 | each contract or contract amendment prior to execution to | ||||||
11 | ensure that applicable procurement and contracting standards | ||||||
12 | were followed; (ii) attend any procurement meetings; (iii) | ||||||
13 | access any records or files related to procurement; (iv) issue | ||||||
14 | reports to the chief procurement officer on procurement issues | ||||||
15 | that present issues or that have not been corrected after | ||||||
16 | consultation with appropriate State officials; (v) ensure the | ||||||
17 | State agency is maintaining appropriate records; and (vi) | ||||||
18 | ensure transparency of the procurement process. | ||||||
19 | (c) If the procurement compliance monitor is aware of | ||||||
20 | misconduct, waste, or inefficiency with respect to State | ||||||
21 | procurement, the procurement compliance monitor shall advise | ||||||
22 | the State agency of the issue in writing. If the State agency | ||||||
23 | does not correct the issue, the monitor shall report the | ||||||
24 | problem, in writing, to the chief procurement officer and | ||||||
25 | Inspector General.
| ||||||
26 | (Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793 |
| |||||||
| |||||||
1 | for the effective date of changes made by P.A. 96-795); 97-895, | ||||||
2 | eff. 8-3-12.)
| ||||||
3 | (30 ILCS 500/15-25) | ||||||
4 | Sec. 15-25. Bulletin content. | ||||||
5 | (a) Invitations for bids. Notice of each and every contract | ||||||
6 | that is
offered, including renegotiated contracts and change | ||||||
7 | orders,
shall be published in the applicable volume of the | ||||||
8 | Illinois Procurement Bulletin. All businesses listed on the | ||||||
9 | Department of Transportation Disadvantaged Business Enterprise | ||||||
10 | Directory, the Department of Central Management Services | ||||||
11 | Business Enterprise Program, and the Chief Procurement | ||||||
12 | Office's Small Business Vendors Directory shall be furnished | ||||||
13 | written instructions and information on how to register on each | ||||||
14 | Procurement Bulletin maintained by the State. Such information | ||||||
15 | shall be provided to each business within 30 calendar days | ||||||
16 | after the business' notice of certification. The applicable | ||||||
17 | chief procurement officer
or applicable designated procurement | ||||||
18 | officer may provide by rule an organized format for the | ||||||
19 | publication of this
information, but in any case it must | ||||||
20 | include at least the date first offered,
the date submission of | ||||||
21 | offers is due, the location that offers are to be
submitted to, | ||||||
22 | the purchasing State agency, the e-mail address and telephone | ||||||
23 | number of the responsible State procurement contact purchasing
| ||||||
24 | officer , a brief purchase description, the method of source | ||||||
25 | selection,
information of how to obtain a comprehensive |
| |||||||
| |||||||
1 | purchase description and any
disclosure and contract forms, and | ||||||
2 | may include encouragement to potential contractors to hire | ||||||
3 | qualified veterans, as defined by Section 45-67 of this Code, | ||||||
4 | and qualified Illinois minorities, women, persons with | ||||||
5 | disabilities, and residents discharged from any Illinois adult | ||||||
6 | correctional center. | ||||||
7 | (a-5) All businesses listed on the Illinois Unified | ||||||
8 | Certification Program Disadvantaged Business Enterprise | ||||||
9 | Directory, the Business Enterprise Program of the Department of | ||||||
10 | Central Management Services, and the Small Business Vendors | ||||||
11 | Directory of the Department of Central Management Services | ||||||
12 | shall be furnished written instructions and information on how | ||||||
13 | to register for each volume of the Illinois Procurement | ||||||
14 | Bulletin. Such information shall be provided to each business | ||||||
15 | within 30 calendar days after the business's notice of | ||||||
16 | certification. | ||||||
17 | (b) Contracts let. Notice of each and every contract that | ||||||
18 | is let, including renegotiated contracts and change orders, | ||||||
19 | shall be issued electronically to those bidders submitting | ||||||
20 | responses to the solicitations, inclusive of the unsuccessful | ||||||
21 | bidders, immediately upon contract let. Failure of any chief | ||||||
22 | procurement officer to give such notice shall result in tolling | ||||||
23 | the time for filing a bid protest up to 7 calendar days. | ||||||
24 | For purposes of this subsection (b), "contracts let" means | ||||||
25 | a construction agency's act of advertising an invitation for | ||||||
26 | bids for one or more construction projects. |
| |||||||
| |||||||
1 | (b-5) Contracts awarded. Notice of each and every contract | ||||||
2 | that is awarded, including renegotiated contracts and change | ||||||
3 | orders, shall be issued electronically to the successful | ||||||
4 | responsible bidder, offeror, or contractor and published in the | ||||||
5 | next available subsequent Bulletin. The applicable chief | ||||||
6 | procurement officer may provide by rule an organized format for | ||||||
7 | the publication of this information, but in any case it must | ||||||
8 | include at least all of the information specified in subsection | ||||||
9 | (a) as well as the name of the successful responsible bidder, | ||||||
10 | offeror, the contract price, the number of unsuccessful bidders | ||||||
11 | or offerors and any other disclosure specified in any Section | ||||||
12 | of this Code. This notice must be posted in the online | ||||||
13 | electronic Bulletin prior to execution of the contract. | ||||||
14 | For purposes of this subsection (b-5), "contract award" | ||||||
15 | means the determination that a particular bidder or offeror has | ||||||
16 | been selected from among other bidders or offerors to receive a | ||||||
17 | contract, subject to the successful completion of final | ||||||
18 | negotiations. "Contract award" is evidenced by the posting of a | ||||||
19 | Notice of Award or a Notice of Intent to Award to the | ||||||
20 | respective volume of the Illinois Procurement Bulletin. | ||||||
21 | (c) Emergency purchase disclosure. Any chief procurement | ||||||
22 | officer or State
purchasing officer exercising emergency | ||||||
23 | purchase authority under
this Code shall publish a written | ||||||
24 | description and reasons and the total cost,
if known, or an | ||||||
25 | estimate if unknown and the name of the responsible chief
| ||||||
26 | procurement officer and State purchasing officer, and the |
| |||||||
| |||||||
1 | business or person
contracted with for all emergency purchases | ||||||
2 | in
the next timely, practicable Bulletin. This notice must be | ||||||
3 | posted in the online electronic Bulletin no later than 5 | ||||||
4 | calendar days after the contract is awarded.
Notice of a | ||||||
5 | hearing to extend an emergency contract must be posted in the | ||||||
6 | online electronic Procurement Bulletin no later than 14 | ||||||
7 | calendar days prior to the hearing. | ||||||
8 | (c-5) Business Enterprise Program report. Each purchasing | ||||||
9 | agency shall, with the assistance of the applicable chief | ||||||
10 | procurement officer, post in the online electronic Bulletin a | ||||||
11 | copy of its annual report of utilization of businesses owned by | ||||||
12 | minorities, females, and persons with disabilities as | ||||||
13 | submitted to the Business Enterprise Council for Minorities, | ||||||
14 | Females, and Persons with Disabilities pursuant to Section 6(c) | ||||||
15 | of the Business Enterprise for Minorities, Females, and Persons | ||||||
16 | with Disabilities Act within 10 calendar days after its | ||||||
17 | submission of its report to the Council.
| ||||||
18 | (c-10) Renewals. Notice of each contract renewal shall be | ||||||
19 | posted in the online electronic Bulletin within 14 calendar | ||||||
20 | days of the determination to renew the contract and the next | ||||||
21 | available subsequent Bulletin. The notice shall include at | ||||||
22 | least all of the information required in subsection (b).
| ||||||
23 | (c-15) Sole source procurements. Before entering into a | ||||||
24 | sole source contract, a chief procurement officer exercising | ||||||
25 | sole source procurement authority under this Code shall publish | ||||||
26 | a written description of intent to enter into a sole source |
| |||||||
| |||||||
1 | contract along with a description of the item to be procured | ||||||
2 | and the intended sole source contractor. This notice must be | ||||||
3 | posted in the online electronic Procurement Bulletin before a | ||||||
4 | sole source contract is awarded and at least 14 calendar days | ||||||
5 | before the hearing required by Section 20-25. | ||||||
6 | (d) Other required disclosure. The applicable chief | ||||||
7 | procurement officer
shall provide by rule for the organized | ||||||
8 | publication of all other disclosure
required in other Sections | ||||||
9 | of this Code in a timely manner. | ||||||
10 | (e) The changes to subsections (b), (c), (c-5), (c-10), and | ||||||
11 | (c-15) of this Section made by this amendatory Act of the 96th | ||||||
12 | General Assembly apply to reports submitted, offers made, and | ||||||
13 | notices on contracts executed on or after its effective date.
| ||||||
14 | (f) Each chief procurement officer shall, in consultation | ||||||
15 | with the agencies under his or her jurisdiction, provide the | ||||||
16 | Procurement Policy Board with the information and resources | ||||||
17 | necessary, and in a manner, to effectuate the purpose of this | ||||||
18 | amendatory Act of the 96th General Assembly. | ||||||
19 | (Source: P.A. 97-895, eff. 8-3-12; 98-1038, eff. 8-25-14; | ||||||
20 | 98-1076, eff. 1-1-15 .)
| ||||||
21 | (30 ILCS 500/20-10)
| ||||||
22 | (Text of Section from P.A. 96-159, 96-588, 97-96, 97-895, | ||||||
23 | and 98-1076) | ||||||
24 | Sec. 20-10. Competitive sealed bidding; reverse auction.
| ||||||
25 | (a) Conditions for use. All contracts shall be awarded by
|
| |||||||
| |||||||
1 | competitive sealed bidding
except as otherwise provided in | ||||||
2 | Section 20-5.
| ||||||
3 | (b) Invitation for bids. An invitation for bids shall be
| ||||||
4 | issued and shall include a
purchase description and the | ||||||
5 | material contractual terms and
conditions applicable to the
| ||||||
6 | procurement.
| ||||||
7 | (c) Public notice. Public notice of the invitation for bids | ||||||
8 | shall be
published in the Illinois Procurement Bulletin at | ||||||
9 | least 14 calendar days before the date
set in the invitation | ||||||
10 | for the opening of bids.
| ||||||
11 | (d) Bid opening. Bids shall be opened publicly in the
| ||||||
12 | presence of one or more witnesses
at the time and place | ||||||
13 | designated in the invitation for bids. The
name of each bidder, | ||||||
14 | the amount
of each bid, and other relevant information as may | ||||||
15 | be specified by
rule shall be
recorded. After the award of the | ||||||
16 | contract, the winning bid and the
record of each unsuccessful | ||||||
17 | bid shall be open to
public inspection.
| ||||||
18 | (e) Bid acceptance and bid evaluation. Bids shall be
| ||||||
19 | unconditionally accepted without
alteration or correction, | ||||||
20 | except as authorized in this Code. Bids
shall be evaluated | ||||||
21 | based on the
requirements set forth in the invitation for bids, | ||||||
22 | which may
include criteria to determine
acceptability such as | ||||||
23 | inspection, testing, quality, workmanship,
delivery, and | ||||||
24 | suitability for a
particular purpose. Those criteria that will | ||||||
25 | affect the bid price
and be considered in evaluation
for award, | ||||||
26 | such as discounts, transportation costs, and total or
life |
| |||||||
| |||||||
1 | cycle costs, shall be
objectively measurable. The invitation | ||||||
2 | for bids shall set forth
the evaluation criteria to be used.
| ||||||
3 | (f) Correction or withdrawal of bids. Correction or
| ||||||
4 | withdrawal of inadvertently
erroneous bids before or after | ||||||
5 | award, or cancellation of awards of
contracts based on bid
| ||||||
6 | mistakes, shall be permitted in accordance with rules.
After | ||||||
7 | bid opening, no
changes in bid prices or other provisions of | ||||||
8 | bids prejudicial to
the interest of the State or fair
| ||||||
9 | competition shall be permitted. All decisions to permit the
| ||||||
10 | correction or withdrawal of bids
based on bid mistakes shall be | ||||||
11 | supported by written determination
made by a State purchasing | ||||||
12 | officer.
| ||||||
13 | (g) Award. The contract shall be awarded with reasonable
| ||||||
14 | promptness by written notice
to the lowest responsible and | ||||||
15 | responsive bidder whose bid meets
the requirements and criteria
| ||||||
16 | set forth in the invitation for bids, except when a State | ||||||
17 | purchasing officer
determines it is not in the best interest of | ||||||
18 | the State and by written
explanation determines another bidder | ||||||
19 | shall receive the award. The explanation
shall appear in the | ||||||
20 | appropriate volume of the Illinois Procurement Bulletin. The | ||||||
21 | written explanation must include:
| ||||||
22 | (1) a description of the agency's needs; | ||||||
23 | (2) a determination that the anticipated cost will be | ||||||
24 | fair and reasonable; | ||||||
25 | (3) a listing of all responsible and responsive | ||||||
26 | bidders; and |
| |||||||
| |||||||
1 | (4) the name of the bidder selected, the total contract | ||||||
2 | price, and the reasons for selecting that bidder. | ||||||
3 | When a multiple award is contemplated, the solicitation | ||||||
4 | shall identify the award criteria and a detailed method of | ||||||
5 | selecting from among the multiple awardees. | ||||||
6 | Each chief procurement officer may adopt guidelines to | ||||||
7 | implement the requirements of this subsection (g). | ||||||
8 | The written explanation shall be filed with the Legislative | ||||||
9 | Audit Commission and the Procurement Policy Board, and be made | ||||||
10 | available for inspection by the public, within 30 calendar days | ||||||
11 | after the agency's decision to award the contract. | ||||||
12 | (h) Multi-step sealed bidding. When it is considered
| ||||||
13 | impracticable to initially prepare
a purchase description to | ||||||
14 | support an award based on price, an
invitation for bids may be | ||||||
15 | issued
requesting the submission of unpriced offers to be | ||||||
16 | followed by written requests for sealed quotes with pricing to | ||||||
17 | meet the need and an
invitation for bids limited to the pool of
| ||||||
18 | those bidders whose offers have been qualified under the | ||||||
19 | criteria
set forth in the first solicitation. An award shall be | ||||||
20 | made to the responsible vendor with the lowest priced quote | ||||||
21 | meeting the needs of the State agency. The chief procurement | ||||||
22 | officer may re-open the pool periodically as needed to ensure | ||||||
23 | reasonable competition.
| ||||||
24 | (i) Alternative procedures. Notwithstanding any other | ||||||
25 | provision of this Act to the contrary, the Director of the | ||||||
26 | Illinois Power Agency may create alternative bidding |
| |||||||
| |||||||
1 | procedures to be used in procuring professional services under | ||||||
2 | subsection (a) of Section 1-75 and subsection (d) of Section | ||||||
3 | 1-78 of the Illinois Power Agency Act and Section 16-111.5(c) | ||||||
4 | of the Public Utilities Act and to procure renewable energy | ||||||
5 | resources under Section 1-56 of the Illinois Power Agency Act. | ||||||
6 | These alternative procedures shall be set forth together with | ||||||
7 | the other criteria contained in the invitation for bids, and | ||||||
8 | shall appear in the appropriate volume of the Illinois | ||||||
9 | Procurement Bulletin.
| ||||||
10 | (j) Reverse auction. Notwithstanding any other provision | ||||||
11 | of this Section and in accordance with rules adopted by the | ||||||
12 | chief procurement officer, that chief procurement officer may | ||||||
13 | procure supplies or services through a competitive electronic | ||||||
14 | auction bidding process after the chief procurement officer | ||||||
15 | determines that the use of such a process will be in the best | ||||||
16 | interest of the State. The chief procurement officer shall | ||||||
17 | publish that determination in his or her next volume of the | ||||||
18 | Illinois Procurement Bulletin. | ||||||
19 | An invitation for bids shall be issued and shall include | ||||||
20 | (i) a procurement description, (ii) all contractual terms, | ||||||
21 | whenever practical, and (iii) conditions applicable to the | ||||||
22 | procurement, including a notice that bids will be received in | ||||||
23 | an electronic auction manner. | ||||||
24 | Public notice of the invitation for bids shall be given in | ||||||
25 | the same manner as provided in subsection (c). | ||||||
26 | Bids shall be accepted electronically at the time and in |
| |||||||
| |||||||
1 | the manner designated in the invitation for bids. During the | ||||||
2 | auction, a bidder's price shall be disclosed to other bidders. | ||||||
3 | Bidders shall have the opportunity to reduce their bid prices | ||||||
4 | during the auction. At the conclusion of the auction, the | ||||||
5 | record of the bid prices received and the name of each bidder | ||||||
6 | shall be open to public inspection. | ||||||
7 | After the auction period has terminated, withdrawal of bids | ||||||
8 | shall be permitted as provided in subsection (f). | ||||||
9 | The contract shall be awarded within 60 calendar days after | ||||||
10 | the auction by written notice to the lowest responsible bidder, | ||||||
11 | or all bids shall be rejected except as otherwise provided in | ||||||
12 | this Code. Extensions of the date for the award may be made by | ||||||
13 | mutual written consent of the State purchasing officer and the | ||||||
14 | lowest responsible bidder. | ||||||
15 | This subsection does not apply to (i) procurements of | ||||||
16 | professional and artistic services, (ii) telecommunications | ||||||
17 | services, communication services, and information services, | ||||||
18 | and (iii) contracts for construction projects, including | ||||||
19 | design professional services. | ||||||
20 | (Source: P.A. 97-96, eff. 7-13-11; 97-895, eff. 8-3-12; | ||||||
21 | 98-1076, eff. 1-1-15.)
| ||||||
22 | (Text of Section from P.A. 96-159, 96-795, 97-96, 97-895, | ||||||
23 | and 98-1076)
| ||||||
24 | Sec. 20-10. Competitive sealed bidding; reverse auction.
| ||||||
25 | (a) Conditions for use. All contracts shall be awarded by
|
| |||||||
| |||||||
1 | competitive sealed bidding
except as otherwise provided in | ||||||
2 | Section 20-5.
| ||||||
3 | (b) Invitation for bids. An invitation for bids shall be
| ||||||
4 | issued and shall include a
purchase description and the | ||||||
5 | material contractual terms and
conditions applicable to the
| ||||||
6 | procurement.
| ||||||
7 | (c) Public notice. Public notice of the invitation for bids | ||||||
8 | shall be
published in the Illinois Procurement Bulletin at | ||||||
9 | least 14 calendar days before the date
set in the invitation | ||||||
10 | for the opening of bids.
| ||||||
11 | (d) Bid opening. Bids shall be opened publicly in the
| ||||||
12 | presence of one or more witnesses
at the time and place | ||||||
13 | designated in the invitation for bids. The
name of each bidder, | ||||||
14 | the amount
of each bid, and other relevant information as may | ||||||
15 | be specified by
rule shall be
recorded. After the award of the | ||||||
16 | contract, the winning bid and the
record of each unsuccessful | ||||||
17 | bid shall be open to
public inspection.
| ||||||
18 | (e) Bid acceptance and bid evaluation. Bids shall be
| ||||||
19 | unconditionally accepted without
alteration or correction, | ||||||
20 | except as authorized in this Code. Bids
shall be evaluated | ||||||
21 | based on the
requirements set forth in the invitation for bids, | ||||||
22 | which may
include criteria to determine
acceptability such as | ||||||
23 | inspection, testing, quality, workmanship,
delivery, and | ||||||
24 | suitability for a
particular purpose. Those criteria that will | ||||||
25 | affect the bid price
and be considered in evaluation
for award, | ||||||
26 | such as discounts, transportation costs, and total or
life |
| |||||||
| |||||||
1 | cycle costs, shall be
objectively measurable. The invitation | ||||||
2 | for bids shall set forth
the evaluation criteria to be used.
| ||||||
3 | (f) Correction or withdrawal of bids. Correction or
| ||||||
4 | withdrawal of inadvertently
erroneous bids before or after | ||||||
5 | award, or cancellation of awards of
contracts based on bid
| ||||||
6 | mistakes, shall be permitted in accordance with rules.
After | ||||||
7 | bid opening, no
changes in bid prices or other provisions of | ||||||
8 | bids prejudicial to
the interest of the State or fair
| ||||||
9 | competition shall be permitted. All decisions to permit the
| ||||||
10 | correction or withdrawal of bids
based on bid mistakes shall be | ||||||
11 | supported by written determination
made by a State purchasing | ||||||
12 | officer.
| ||||||
13 | (g) Award. The contract shall be awarded with reasonable
| ||||||
14 | promptness by written notice
to the lowest responsible and | ||||||
15 | responsive bidder whose bid meets
the requirements and criteria
| ||||||
16 | set forth in the invitation for bids, except when a State | ||||||
17 | purchasing officer
determines it is not in the best interest of | ||||||
18 | the State and by written
explanation determines another bidder | ||||||
19 | shall receive the award. The explanation
shall appear in the | ||||||
20 | appropriate volume of the Illinois Procurement Bulletin. The | ||||||
21 | written explanation must include:
| ||||||
22 | (1) a description of the agency's needs; | ||||||
23 | (2) a determination that the anticipated cost will be | ||||||
24 | fair and reasonable; | ||||||
25 | (3) a listing of all responsible and responsive | ||||||
26 | bidders; and |
| |||||||
| |||||||
1 | (4) the name of the bidder selected, the total contract | ||||||
2 | price, and the reasons for selecting that bidder. | ||||||
3 | When a multiple award is contemplated, the solicitation | ||||||
4 | shall identify the award criteria and a detailed method of | ||||||
5 | selecting from among the multiple awardees. | ||||||
6 | Each chief procurement officer may adopt guidelines to | ||||||
7 | implement the requirements of this subsection (g). | ||||||
8 | The written explanation shall be filed with the Legislative | ||||||
9 | Audit Commission and the Procurement Policy Board, and be made | ||||||
10 | available for inspection by the public, within 30 days after | ||||||
11 | the agency's decision to award the contract. | ||||||
12 | (h) Multi-step sealed bidding. When it is considered
| ||||||
13 | impracticable to initially prepare
a purchase description to | ||||||
14 | support an award based on price, an
invitation for bids may be | ||||||
15 | issued
requesting the submission of unpriced offers to be | ||||||
16 | followed by written requests for sealed quotes with pricing to | ||||||
17 | meet the need and an
invitation for bids limited to the pool of
| ||||||
18 | those bidders whose offers have been qualified under the | ||||||
19 | criteria
set forth in the first solicitation. An award shall be | ||||||
20 | made to the responsible vendor with the lowest priced quote | ||||||
21 | meeting the needs of the State agency. The chief procurement | ||||||
22 | officer may re-open the pool periodically as needed to ensure | ||||||
23 | reasonable competition.
| ||||||
24 | (i) Alternative procedures. Notwithstanding any other | ||||||
25 | provision of this Act to the contrary, the Director of the | ||||||
26 | Illinois Power Agency may create alternative bidding |
| |||||||
| |||||||
1 | procedures to be used in procuring professional services under | ||||||
2 | subsection (a) of Section 1-75 and subsection (d) of Section | ||||||
3 | 1-78 of the Illinois Power Agency Act and Section 16-111.5(c) | ||||||
4 | of the Public Utilities Act and to procure renewable energy | ||||||
5 | resources under Section 1-56 of the Illinois Power Agency Act. | ||||||
6 | These alternative procedures shall be set forth together with | ||||||
7 | the other criteria contained in the invitation for bids, and | ||||||
8 | shall appear in the appropriate volume of the Illinois | ||||||
9 | Procurement Bulletin.
| ||||||
10 | (j) Reverse auction. Notwithstanding any other provision | ||||||
11 | of this Section and in accordance with rules adopted by the | ||||||
12 | chief procurement officer, that chief procurement officer may | ||||||
13 | procure supplies or services through a competitive electronic | ||||||
14 | auction bidding process after the chief procurement officer | ||||||
15 | determines that the use of such a process will be in the best | ||||||
16 | interest of the State. The chief procurement officer shall | ||||||
17 | publish that determination in his or her next volume of the | ||||||
18 | Illinois Procurement Bulletin. | ||||||
19 | An invitation for bids shall be issued and shall include | ||||||
20 | (i) a procurement description, (ii) all contractual terms, | ||||||
21 | whenever practical, and (iii) conditions applicable to the | ||||||
22 | procurement, including a notice that bids will be received in | ||||||
23 | an electronic auction manner. | ||||||
24 | Public notice of the invitation for bids shall be given in | ||||||
25 | the same manner as provided in subsection (c). | ||||||
26 | Bids shall be accepted electronically at the time and in |
| |||||||
| |||||||
1 | the manner designated in the invitation for bids. During the | ||||||
2 | auction, a bidder's price shall be disclosed to other bidders. | ||||||
3 | Bidders shall have the opportunity to reduce their bid prices | ||||||
4 | during the auction. At the conclusion of the auction, the | ||||||
5 | record of the bid prices received and the name of each bidder | ||||||
6 | shall be open to public inspection. | ||||||
7 | After the auction period has terminated, withdrawal of bids | ||||||
8 | shall be permitted as provided in subsection (f). | ||||||
9 | The contract shall be awarded within 60 calendar days after | ||||||
10 | the auction by written notice to the lowest responsible bidder, | ||||||
11 | or all bids shall be rejected except as otherwise provided in | ||||||
12 | this Code. Extensions of the date for the award may be made by | ||||||
13 | mutual written consent of the State purchasing officer and the | ||||||
14 | lowest responsible bidder. | ||||||
15 | This subsection does not apply to (i) procurements of | ||||||
16 | professional and artistic services, (ii) telecommunications | ||||||
17 | services, communication services, and information services,
| ||||||
18 | and (iii) contracts for construction projects, including | ||||||
19 | design professional services. | ||||||
20 | (Source: P.A. 97-96, eff. 7-13-11; 97-895, eff. 8-3-12; | ||||||
21 | 98-1076, eff. 1-1-15 .)
| ||||||
22 | (30 ILCS 500/20-15)
| ||||||
23 | Sec. 20-15. Competitive sealed proposals.
| ||||||
24 | (a) Conditions for use. When provided under this Code or | ||||||
25 | under
rules, or when
the purchasing agency determines in |
| |||||||
| |||||||
1 | writing that the use of
competitive sealed bidding
is either | ||||||
2 | not practicable or not advantageous to the State, a
contract | ||||||
3 | may be entered into by
competitive sealed proposals.
| ||||||
4 | (b) Request for proposals. Proposals shall be solicited
| ||||||
5 | through a request for proposals.
| ||||||
6 | (c) Public notice. Public notice of the request for
| ||||||
7 | proposals shall be published in the
Illinois Procurement | ||||||
8 | Bulletin at least 14 calendar days before the date set
in the | ||||||
9 | invitation for the opening
of proposals.
| ||||||
10 | (d) Receipt of proposals. Proposals shall be opened
| ||||||
11 | publicly in the presence of one or
more witnesses at the time | ||||||
12 | and place designated in the request for
proposals, but | ||||||
13 | proposals shall
be opened in a manner to avoid disclosure of | ||||||
14 | contents to competing
offerors during the process
of | ||||||
15 | negotiation. A record of proposals shall be prepared and
shall | ||||||
16 | be open for public inspection
after contract award.
| ||||||
17 | (e) Evaluation factors. The requests for proposals shall
| ||||||
18 | state the relative importance of
price and other evaluation | ||||||
19 | factors. Proposals shall be submitted
in 2 parts: the first, | ||||||
20 | covering
items except price; and the second, covering price. | ||||||
21 | The first
part of all proposals shall be
evaluated and ranked | ||||||
22 | independently of the second part of
all proposals.
| ||||||
23 | (f) Discussion with responsible offerors and revisions of | ||||||
24 | offers or
proposals. As provided in the
request for proposals | ||||||
25 | and under rules, discussions
may be conducted with
responsible | ||||||
26 | offerors who submit offers or proposals determined to be
|
| |||||||
| |||||||
1 | reasonably susceptible of being
selected for award for the | ||||||
2 | purpose of clarifying and assuring full
understanding of and
| ||||||
3 | responsiveness to the solicitation requirements. Those | ||||||
4 | offerors
shall be accorded fair and equal
treatment with | ||||||
5 | respect to any opportunity for discussion and
revision of | ||||||
6 | proposals. Revisions
may be permitted after submission and | ||||||
7 | before award for the
purpose of obtaining best and final
| ||||||
8 | offers. In conducting discussions there shall be no disclosure | ||||||
9 | of
any information derived from
proposals submitted by | ||||||
10 | competing offerors.
If information is disclosed to any offeror, | ||||||
11 | it shall be
provided to all competing offerors.
| ||||||
12 | (g) Award. Awards shall be made to the responsible offeror
| ||||||
13 | whose proposal is
determined in writing to be the most | ||||||
14 | advantageous to the State,
taking into consideration price
and | ||||||
15 | the evaluation factors set forth in the request for proposals.
| ||||||
16 | When a multiple award is contemplated, the solicitation shall | ||||||
17 | identify the award criteria and the detailed method of | ||||||
18 | selecting from among the multiple awardees. The contract file | ||||||
19 | shall contain
the basis on which any the award is
made.
| ||||||
20 | (h) Multi-step sealed proposals. A request for proposals | ||||||
21 | may be issued requesting the submission of offers to establish | ||||||
22 | a pool of competitively-selected vendors to be followed by | ||||||
23 | written requests for specific proposals with pricing to meet | ||||||
24 | the need and limited to those in the pool of qualified vendors. | ||||||
25 | Clarification, discussions, and best and finals shall be | ||||||
26 | allowed as in a standard request for proposals in each step of |
| |||||||
| |||||||
1 | the process. Award shall be made to the responsible vendors | ||||||
2 | with the most advantageous proposal, price, and other factors | ||||||
3 | being considered. The chief procurement officer may re-open the | ||||||
4 | pool periodically as needed to ensure reasonable competition. | ||||||
5 | (Source: P.A. 98-1076, eff. 1-1-15 .)
| ||||||
6 | (30 ILCS 500/20-20)
| ||||||
7 | Sec. 20-20. Small purchases.
| ||||||
8 | (a) Amount. Any individual procurement of supplies or
| ||||||
9 | services other than professional
or artistic services, not | ||||||
10 | exceeding $100,000 $10,000 and any procurement of
construction | ||||||
11 | not exceeding
$100,000, or any individual procurement of | ||||||
12 | professional or artistic services not exceeding $100,000 | ||||||
13 | $30,000 may be made without competitive source selection sealed | ||||||
14 | bidding .
Procurements shall not be artificially
divided so as | ||||||
15 | to constitute a small purchase under this Section.
| ||||||
16 | (b) Adjustment. Each July 1, the small purchase maximum
| ||||||
17 | established in subsection (a)
shall be adjusted for inflation | ||||||
18 | as determined by the Consumer
Price Index for All Urban | ||||||
19 | Consumers as determined by the United States
Department of | ||||||
20 | Labor and rounded to the nearest $100.
| ||||||
21 | (c) Based upon rules proposed by the Board and rules | ||||||
22 | promulgated by the
chief procurement officers, the small | ||||||
23 | purchase maximum established in
subsection
(a) may be modified.
| ||||||
24 | (Source: P.A. 90-572, eff. date - See Sec. 99-5.)
|
| |||||||
| |||||||
1 | (30 ILCS 500/20-25)
| ||||||
2 | Sec. 20-25. Sole source procurements. | ||||||
3 | (a) In accordance with
standards set by rule,
contracts may | ||||||
4 | be awarded without use of the specified
method of source | ||||||
5 | selection when
there is only one economically feasible source | ||||||
6 | for the item. A State contract may be awarded as a sole source | ||||||
7 | procurement unless an interested party submits a written | ||||||
8 | request for a public hearing at which the chief procurement | ||||||
9 | officer and purchasing agency present written justification | ||||||
10 | for the procurement method. Any interested party may present | ||||||
11 | testimony. A sole source contract where a hearing was requested | ||||||
12 | by an interested party may be awarded after the hearing is | ||||||
13 | conducted with the approval of the chief procurement officer. | ||||||
14 | (b) This Section may not be used as a basis for amending a | ||||||
15 | contract for professional or artistic services if the amendment | ||||||
16 | would result in an increase in the amount paid under the | ||||||
17 | contract of more than 5% of the initial award, or would extend | ||||||
18 | the contract term beyond the time reasonably needed for a | ||||||
19 | competitive procurement, not to exceed 2 months. | ||||||
20 | (c) Notice of intent to enter into a sole source contract | ||||||
21 | shall be provided to the Procurement Policy Board and published | ||||||
22 | in the online electronic Bulletin at least 14 calendar days | ||||||
23 | before the public hearing required in subsection (a). The | ||||||
24 | notice shall include the sole source procurement justification | ||||||
25 | form prescribed by the Board, a description of the item to be | ||||||
26 | procured, the intended sole source contractor, and the date, |
| |||||||
| |||||||
1 | time, and location of the public hearing. A copy of the notice | ||||||
2 | and all documents provided at the hearing shall be included in | ||||||
3 | the subsequent Procurement Bulletin.
| ||||||
4 | (d) By November August 1 each year, each chief procurement | ||||||
5 | officer shall file a report with the General Assembly | ||||||
6 | identifying each contract the officer sought under the sole | ||||||
7 | source procurement method and providing the justification | ||||||
8 | given for seeking sole source as the procurement method for | ||||||
9 | each of those contracts. | ||||||
10 | (Source: P.A. 97-895, eff. 8-3-12; 98-1076, eff. 1-1-15 .)
| ||||||
11 | (30 ILCS 500/20-30)
| ||||||
12 | Sec. 20-30. Emergency purchases.
| ||||||
13 | (a) Conditions for use. In accordance with standards set by
| ||||||
14 | rule, a purchasing
agency may make emergency procurements | ||||||
15 | without competitive sealed
bidding or prior notice
when there | ||||||
16 | exists a threat to public health or public safety, or
when | ||||||
17 | immediate expenditure is
necessary for repairs to State | ||||||
18 | property in order to protect
against further loss of or damage | ||||||
19 | to
State property, to prevent or minimize serious disruption in | ||||||
20 | critical State
services that affect health, safety, or | ||||||
21 | collection of substantial State revenues, or to ensure the
| ||||||
22 | integrity of State records; provided, however, that the term of | ||||||
23 | the emergency purchase shall be limited to the time reasonably | ||||||
24 | needed for a competitive procurement, not to exceed 90 calendar | ||||||
25 | days. A contract , other than a construction emergency contract, |
| |||||||
| |||||||
1 | may be extended beyond 90 calendar days if the chief | ||||||
2 | procurement officer determines additional time is necessary | ||||||
3 | and that the contract scope and duration are limited to the | ||||||
4 | emergency. Prior to execution of the extension, the chief | ||||||
5 | procurement officer must hold a public hearing and provide | ||||||
6 | written justification for all emergency contracts. Members of | ||||||
7 | the public may present testimony. Emergency procurements shall | ||||||
8 | be made
with as much competition
as is practicable under the | ||||||
9 | circumstances.
A written
description of the basis for the | ||||||
10 | emergency and reasons for the
selection of the particular
| ||||||
11 | contractor shall be included in the contract file. For | ||||||
12 | construction, construction-related, and construction support | ||||||
13 | procurements, the 90-calendar-day term and provisions for | ||||||
14 | contracts are not applicable.
| ||||||
15 | (b) Notice. Notice of all emergency procurements shall be | ||||||
16 | provided to the Procurement Policy Board and published in the | ||||||
17 | online electronic Bulletin no later than 5 calendar days after | ||||||
18 | the contract is awarded. Notice of intent to extend an | ||||||
19 | emergency contract shall be provided to the Procurement Policy | ||||||
20 | Board and published in the online electronic Bulletin at least | ||||||
21 | 14 calendar days before the public hearing. Notice shall | ||||||
22 | include at least a description of the need for the emergency | ||||||
23 | purchase, the contractor, and if applicable, the date, time, | ||||||
24 | and location of the public hearing. A copy of this notice and | ||||||
25 | all documents provided at the hearing shall be included in the | ||||||
26 | subsequent Procurement Bulletin. Before the next appropriate |
| |||||||
| |||||||
1 | volume of the Illinois Procurement
Bulletin, the purchasing | ||||||
2 | agency shall publish in the
Illinois Procurement Bulletin a | ||||||
3 | copy of each written description
and reasons and the total cost
| ||||||
4 | of each emergency procurement made during the previous month.
| ||||||
5 | When only an estimate of the
total cost is known at the time of | ||||||
6 | publication, the estimate shall
be identified as an estimate | ||||||
7 | and
published. When the actual total cost is determined, it | ||||||
8 | shall
also be published in like manner
before the 10th day of | ||||||
9 | the next succeeding month.
| ||||||
10 | (c) Affidavits. A chief procurement officer making a | ||||||
11 | procurement
under this Section shall file
or require the | ||||||
12 | purchasing agency to file affidavits with the Procurement | ||||||
13 | Policy Board and the Auditor General within
10 calendar days
| ||||||
14 | after the procurement setting
forth the amount expended, the | ||||||
15 | name of the contractor involved,
and the conditions and
| ||||||
16 | circumstances requiring the emergency procurement. When only | ||||||
17 | an
estimate of the cost is
available within 10 calendar days | ||||||
18 | after the procurement, the actual cost
shall be reported | ||||||
19 | immediately
after it is determined. At the end of each fiscal | ||||||
20 | quarter, the
Auditor General shall file with the
Legislative | ||||||
21 | Audit Commission and the Governor a complete listing
of all | ||||||
22 | emergency
procurements reported during that fiscal quarter. | ||||||
23 | The Legislative
Audit Commission shall
review the emergency | ||||||
24 | procurements so reported and, in its annual
reports, advise the | ||||||
25 | General
Assembly of procurements that appear to constitute an | ||||||
26 | abuse of
this Section.
|
| |||||||
| |||||||
1 | (d) Quick purchases. The chief procurement officer may | ||||||
2 | promulgate rules
extending the circumstances by which a | ||||||
3 | purchasing agency may make purchases
under this Section, | ||||||
4 | including but not limited to the procurement of items
available | ||||||
5 | at a discount for a limited period of time.
| ||||||
6 | (e) The changes to this Section made by this amendatory Act | ||||||
7 | of the 96th General Assembly apply to procurements executed on | ||||||
8 | or after its effective date.
| ||||||
9 | (Source: P.A. 98-1076, eff. 1-1-15 .)
| ||||||
10 | (30 ILCS 500/20-43) | ||||||
11 | Sec. 20-43. Bidder or offeror authorized to transact | ||||||
12 | business or conduct affairs do business in Illinois. In | ||||||
13 | addition to meeting any other requirement of law or rule, a | ||||||
14 | person (other than an individual acting as a sole proprietor) | ||||||
15 | may qualify as a bidder or offeror under this Code only if the | ||||||
16 | person is a legal entity prior to submitting the bid, offer, or | ||||||
17 | proposal. The legal entity must be authorized to transact | ||||||
18 | business or conduct affairs in Illinois prior to execution of | ||||||
19 | the contract submitting the bid, offer, or proposal .
| ||||||
20 | (Source: P.A. 98-1076, eff. 1-1-15 .)
| ||||||
21 | (30 ILCS 500/20-51 new) | ||||||
22 | Sec. 20-51. Construction specifications. | ||||||
23 | (a) Construction agencies may develop specifications for | ||||||
24 | construction contracts, construction–related contracts, and |
| |||||||
| |||||||
1 | construction support contracts that may require the delivery of | ||||||
2 | material or products that will be used to satisfy the needs of | ||||||
3 | a construction agency. | ||||||
4 | (b) Material and product specifications. "Material and | ||||||
5 | product specifications" means the technical or performance | ||||||
6 | requirements necessary to complete the contemplated work. | ||||||
7 | (c) Brand-name only product specifications, including | ||||||
8 | patented or proprietary products, will not be used unless a | ||||||
9 | determination is made by the construction agency, in | ||||||
10 | concurrence with the chief procurement officer, that: | ||||||
11 | (1) such problems may be procured competitively with | ||||||
12 | equally suitable non-brand-name products; | ||||||
13 | (2) such products are necessary for compatibility with | ||||||
14 | existing facilities or equipment; | ||||||
15 | (3) no equally suitable alternative exists; | ||||||
16 | (4) such products are to be used for research or for a | ||||||
17 | distinctive type of application for experimental purposes;
| ||||||
18 | or | ||||||
19 | (5) such products will create operational savings for a | ||||||
20 | facility. | ||||||
21 | (d) When more than one product will fulfill the | ||||||
22 | requirements for an item of work and the products are judged by | ||||||
23 | the construction agency to be of satisfactory quality and | ||||||
24 | equally acceptable on the basis of engineering analysis and | ||||||
25 | estimated price, the contract specifications may contain or | ||||||
26 | include by reference a qualified product list.
|
| |||||||
| |||||||
1 | (30 ILCS 500/20-155) | ||||||
2 | Sec. 20-155. Solicitation and contract documents. | ||||||
3 | (a) Each chief procurement officer appointed pursuant to | ||||||
4 | Section 10-20 shall have the sole authority in their respective | ||||||
5 | jurisdiction to develop and distribute uniform documents for | ||||||
6 | the solicitation, review, and acceptance of all bids, offers, | ||||||
7 | and responses and the award of contracts pursuant to this Code. | ||||||
8 | If a chief procurement officer appointed pursuant to Section | ||||||
9 | 10-20 exercises the authority to develop and distribute uniform | ||||||
10 | documents for the solicitation, review and acceptance of all | ||||||
11 | bids, offers and responses and the award of contracts, then the | ||||||
12 | State agency shall use the uniform documents. | ||||||
13 | (b) After award of a contract and subject to provisions of | ||||||
14 | the Freedom of Information Act, the procuring agency shall make | ||||||
15 | available for public inspection and copying all pre-award, | ||||||
16 | post-award, administration, and close-out documents relating | ||||||
17 | to that particular contract. Publication of a notice of award | ||||||
18 | to the respective chief procurement officer's volume of the | ||||||
19 | Illinois Procurement Bulletin shall constitute the award or | ||||||
20 | final selection for purposes of paragraph (h) of subsection (1) | ||||||
21 | of Section 7 of the Freedom of Information Act.
| ||||||
22 | (c) A procurement file shall be maintained for all | ||||||
23 | contracts, regardless of the method of procurement. The | ||||||
24 | procurement file shall contain the basis on which the award is | ||||||
25 | made, all submitted bids and proposals, all evaluation |
| |||||||
| |||||||
1 | materials including individual evaluators' , score sheets and | ||||||
2 | all other documentation related to or prepared in conjunction | ||||||
3 | with evaluation, negotiation, and the award process. The | ||||||
4 | procurement file shall contain a written determination, signed | ||||||
5 | by the chief procurement officer or State purchasing officer, | ||||||
6 | setting forth the reasoning for the contract award decision. | ||||||
7 | The procurement file shall not include trade secrets or other | ||||||
8 | competitively sensitive, confidential, or proprietary | ||||||
9 | information. The procurement file shall be open to public | ||||||
10 | inspection within 7 calendar days following the publication of | ||||||
11 | the notice of award of the contract. | ||||||
12 | (Source: P.A. 97-895, eff. 8-3-12; 98-1076, eff. 1-1-15 .)
| ||||||
13 | (30 ILCS 500/20-160)
| ||||||
14 | Sec. 20-160. Business entities; certification; | ||||||
15 | registration with the State Board of Elections. | ||||||
16 | (a) For purposes of this Section, the terms "business | ||||||
17 | entity", "contract", "State contract", "contract with a State | ||||||
18 | agency", "State agency", "affiliated entity", and "affiliated | ||||||
19 | person" have the meanings ascribed to those terms in Section | ||||||
20 | 50-37. | ||||||
21 | (b) Every bid and offer submitted to and every contract | ||||||
22 | executed by the State on or after January 1, 2009 (the | ||||||
23 | effective date of Public Act 95-971) and every submission to a | ||||||
24 | vendor portal shall contain (1) a certification by the bidder, | ||||||
25 | offeror, vendor, or contractor that either (i) the bidder, |
| |||||||
| |||||||
1 | offeror, vendor, or contractor is not required to register as a | ||||||
2 | business entity with the State Board of Elections pursuant to | ||||||
3 | this Section or (ii) the bidder, offeror, vendor, or contractor | ||||||
4 | has registered as a business entity with the State Board of | ||||||
5 | Elections and acknowledges a continuing duty to update the | ||||||
6 | registration and (2) a statement that the contract is voidable | ||||||
7 | under Section 50-60 for the bidder's, offeror's, vendor's, or | ||||||
8 | contractor's failure to comply with this Section. | ||||||
9 | (c) Each business entity (i) whose aggregate bids and | ||||||
10 | proposals on State contracts annually total more than $50,000, | ||||||
11 | (ii) whose aggregate bids and proposals on State contracts | ||||||
12 | combined with the business entity's aggregate annual total | ||||||
13 | value of State contracts exceed $50,000, or (iii) whose | ||||||
14 | contracts with State agencies, in the aggregate, annually total | ||||||
15 | more than $50,000 shall register with the State Board of | ||||||
16 | Elections in accordance with Section 9-35 of the Election Code. | ||||||
17 | A business entity required to register under this subsection | ||||||
18 | due to item (i) or (ii) has a continuing duty to ensure that | ||||||
19 | the registration is accurate during the period beginning on the | ||||||
20 | date of registration and ending on the day after the date the | ||||||
21 | contract is awarded; any change in information must be reported | ||||||
22 | to the State Board of Elections 5 business days following such | ||||||
23 | change or no later than a day before the contract is awarded, | ||||||
24 | whichever date is earlier. A business entity required to | ||||||
25 | register under this subsection due to item (iii) has a | ||||||
26 | continuing duty to ensure that the registration is accurate in |
| |||||||
| |||||||
1 | accordance with subsection (e). | ||||||
2 | (d) Any business entity, not required under subsection (c) | ||||||
3 | to register, whose aggregate bids and proposals on State | ||||||
4 | contracts annually total more than $50,000, or whose aggregate | ||||||
5 | bids and proposals on State contracts combined with the | ||||||
6 | business entity's aggregate annual total value of State | ||||||
7 | contracts exceed $50,000, shall register with the State Board | ||||||
8 | of Elections in accordance with Section 9-35 of the Election | ||||||
9 | Code prior to submitting to a State agency the bid or proposal | ||||||
10 | whose value causes the business entity to fall within the | ||||||
11 | monetary description of this subsection. A business entity | ||||||
12 | required to register under this subsection has a continuing | ||||||
13 | duty to ensure that the registration is accurate during the | ||||||
14 | period beginning on the date of registration and ending on the | ||||||
15 | day after the date the contract is awarded. Any change in | ||||||
16 | information must be reported to the State Board of Elections | ||||||
17 | within 5 business days following such change or no later than a | ||||||
18 | day before the contract is awarded, whichever date is earlier. | ||||||
19 | (e) A business entity whose contracts with State agencies, | ||||||
20 | in the aggregate, annually total more than $50,000 must | ||||||
21 | maintain its registration under this Section and has a | ||||||
22 | continuing duty to ensure that the registration is accurate for | ||||||
23 | the duration of the term of office of the incumbent | ||||||
24 | officeholder awarding the contracts or for a period of 2 years | ||||||
25 | following the expiration or termination of the contracts, | ||||||
26 | whichever is longer. A business entity, required to register |
| |||||||
| |||||||
1 | under this subsection, has a continuing duty to report any | ||||||
2 | changes on a quarterly basis to the State Board of Elections | ||||||
3 | within 14 calendar days following the last day of January, | ||||||
4 | April, July, and October of each year. Any update pursuant to | ||||||
5 | this paragraph that is received beyond that date is presumed | ||||||
6 | late and the civil penalty authorized by subsection (e) of | ||||||
7 | Section 9-35 of the Election Code (10 ILCS 5/9-35) may be | ||||||
8 | assessed. | ||||||
9 | Also, if a business entity required to register under this | ||||||
10 | subsection has a pending bid or offer, any change in | ||||||
11 | information shall be reported to the State Board of Elections | ||||||
12 | within 7 calendar days following such change or no later than a | ||||||
13 | day before the contract is awarded, whichever date is earlier. | ||||||
14 | (f) A business entity's continuing duty under this Section | ||||||
15 | to ensure the accuracy of its registration includes the | ||||||
16 | requirement that the business entity notify the State Board of | ||||||
17 | Elections of any change in information, including but not | ||||||
18 | limited to changes of affiliated entities or affiliated | ||||||
19 | persons. | ||||||
20 | (g) For any bid or offer for a contract with a State agency | ||||||
21 | by a business entity required to register under this Section, | ||||||
22 | the chief procurement officer shall verify that the business | ||||||
23 | entity is required to register under this Section and is in | ||||||
24 | compliance with the registration requirements on the date the | ||||||
25 | bid or offer is due. A chief procurement officer shall not | ||||||
26 | accept a bid or offer if the business entity is not in |
| |||||||
| |||||||
1 | compliance with the registration requirements as of the date | ||||||
2 | bids or offers are due. Upon discovery of noncompliance with | ||||||
3 | this Section, if the bidder or offeror made a good faith effort | ||||||
4 | to comply with registration efforts prior to the date the bid | ||||||
5 | or offer is due, a chief procurement officer may provide the | ||||||
6 | bidder or offeror 5 business days to achieve compliance. A | ||||||
7 | chief procurement officer may extend the time to prove | ||||||
8 | compliance by as long as necessary in the event that there is a | ||||||
9 | failure within the State Board of Elections's registration | ||||||
10 | system. | ||||||
11 | (h) A registration, and any changes to a registration, must | ||||||
12 | include the business entity's verification of accuracy and | ||||||
13 | subjects the business entity to the penalties of the laws of | ||||||
14 | this State for perjury. | ||||||
15 | In addition to any penalty under Section 9-35 of the | ||||||
16 | Election Code, intentional, willful, or material failure to | ||||||
17 | disclose information required for registration shall render | ||||||
18 | the contract, bid, offer, or other procurement relationship | ||||||
19 | voidable by the chief procurement officer if he or she deems it | ||||||
20 | to be in the best interest of the State of Illinois. | ||||||
21 | (i) This Section applies regardless of the method of source | ||||||
22 | selection used in awarding the contract.
| ||||||
23 | (Source: P.A. 97-333, eff. 8-12-11; 97-895, eff. 8-3-12; | ||||||
24 | 98-1076, eff. 1-1-15 .)
| ||||||
25 | (30 ILCS 500/20-170 new) |
| |||||||
| |||||||
1 | Sec. 20-170. Special Committee on Procurement Efficiency, | ||||||
2 | Minority, Female, and Veterans Contracting, and Illinois | ||||||
3 | Preference in Purchasing. | ||||||
4 | (a) The Special Committee on Procurement Efficiency, | ||||||
5 | Minority, Female, and Veterans Contracting, and Illinois | ||||||
6 | Preference in Purchasing is hereby created under the Executive | ||||||
7 | Ethics Commission. The Special Committee shall consist of the | ||||||
8 | following members: | ||||||
9 | (1) three members appointed by the President of the | ||||||
10 | Senate, only one of whom may be a current member of the | ||||||
11 | Senate; | ||||||
12 | (2) three members appointed by the Minority Leader of | ||||||
13 | the Senate, only one of whom may be a current member of the | ||||||
14 | Senate; | ||||||
15 | (3) three members appointed by the Speaker of the House | ||||||
16 | of Representatives, only one of whom may be a current | ||||||
17 | member of the House; | ||||||
18 | (4) three members appointed by the Minority Leader of | ||||||
19 | the House, only one of whom may be a current member of the | ||||||
20 | House; | ||||||
21 | (5) the Director of Central Management Services or his | ||||||
22 | or her designee; | ||||||
23 | (6) the Chief Procurement Officer for the Department of | ||||||
24 | Transportation; | ||||||
25 | (7) the Chief Procurement Officer with jurisdiction | ||||||
26 | over institutions of higher education; and |
| |||||||
| |||||||
1 | (8) the Executive Director of the Capital Development | ||||||
2 | Board. | ||||||
3 | (b) Members of the Special Committee must be appointed no | ||||||
4 | later than 30 days after the effective date of this amendatory | ||||||
5 | Act of the 99th General Assembly. | ||||||
6 | (c) If a vacancy occurs on the Special Committee, it shall | ||||||
7 | be filled according to the guidelines of the initial | ||||||
8 | appointment. | ||||||
9 | (d) The Special Committee shall elect a chairperson and | ||||||
10 | vice-chairperson at the first meeting of the Special Committee. | ||||||
11 | At the discretion of the chairperson, additional individuals | ||||||
12 | may participate as non-voting members in the meetings of the | ||||||
13 | Special Committee. | ||||||
14 | (e) Members of the Special Committee shall serve without | ||||||
15 | compensation. The Executive Ethics Commission shall provide | ||||||
16 | staff and administrative services to the Special Committee. | ||||||
17 | (f) The Special Committee shall conduct at least 3 hearings | ||||||
18 | with at least one in Springfield and one in Chicago. Each | ||||||
19 | hearing shall be open to the public and notice of such hearings | ||||||
20 | shall be posted on the websites of the Procurement Policy | ||||||
21 | Board, the Department of Central Management Services, and the | ||||||
22 | General Assembly at least 6 days prior to the hearing. | ||||||
23 | (g) The Special Committee on Procurement Efficiency and | ||||||
24 | Illinois Preference in Purchasing shall: | ||||||
25 | (1) review the current procurement process in Illinois | ||||||
26 | to determine what inefficacies currently exist in the State |
| |||||||
| |||||||
1 | procurement process and propose legislation to reduce | ||||||
2 | inefficacies while protecting State funds, ethics, and | ||||||
3 | transparency; | ||||||
4 | (2) review Illinois' procurement laws regarding | ||||||
5 | contracting with minority-owned businesses, female-owned | ||||||
6 | businesses, businesses owned by persons with disabilities, | ||||||
7 | and veteran-owned businesses to determine what changes | ||||||
8 | should be made to increase participation of these | ||||||
9 | businesses in State procurements; and | ||||||
10 | (3) review Illinois' resident bidder preference laws | ||||||
11 | and propose legislation aimed at strengthening Illinois' | ||||||
12 | resident bidder preference laws while not harming resident | ||||||
13 | bidders who do business in other states. | ||||||
14 | (h) The Special Committee shall make its findings and | ||||||
15 | recommendations to the General Assembly and to the Governor, | ||||||
16 | including legislative proposals, no later than December 31, | ||||||
17 | 2016. | ||||||
18 | (i) This Section is repealed on January 31, 2017.
| ||||||
19 | (30 ILCS 500/25-85 new) | ||||||
20 | Sec. 25-85. Best value procurement. | ||||||
21 | (a) This Section shall apply only to: | ||||||
22 | (1) institutions of higher education; | ||||||
23 | (2) the Department of Agriculture; | ||||||
24 | (3) the Department of Transportation; and | ||||||
25 | (4) the Department of Natural Resources. |
| |||||||
| |||||||
1 | (b) As used in this Section, "best value procurement" means | ||||||
2 | a contract award determined by objective criteria related to | ||||||
3 | price, features, functions, and life-cycle costs that may | ||||||
4 | include the following: | ||||||
5 | (1) total cost of ownership, including warranty, under | ||||||
6 | which all repair costs are borne solely by the warranty | ||||||
7 | provider; repair costs; maintenance costs; fuel | ||||||
8 | consumption; and salvage value; | ||||||
9 | (2) product performance, productivity, and safety | ||||||
10 | standards; | ||||||
11 | (3) the supplier's ability to perform to the contract | ||||||
12 | requirements; and | ||||||
13 | (4) environmental benefits, including reduction of | ||||||
14 | greenhouse gas emissions, reduction of air pollutant | ||||||
15 | emissions, or reduction of toxic or hazardous materials. | ||||||
16 | (c) The department or institution may purchase and equip | ||||||
17 | heavy mobile fleet vehicles, off-road construction equipment, | ||||||
18 | and special equipment for use by the department or institution | ||||||
19 | by means of best value procurement, using specifications and | ||||||
20 | criteria developed in consultation with the Chief Procurement | ||||||
21 | Officer of each designated department or institution. | ||||||
22 | (d) In addition to disclosure of the minimum requirements | ||||||
23 | for qualification, the solicitation document shall specify | ||||||
24 | which business performance measures, in addition to price, | ||||||
25 | shall be given a weighted value. The department or institution | ||||||
26 | shall use a scoring method based on those factors and price in |
| |||||||
| |||||||
1 | determining the successful bid. Any evaluation and scoring | ||||||
2 | method shall ensure substantial weight is given to the contract | ||||||
3 | price. The solicitation document shall provide for submission | ||||||
4 | of sealed price information. Evaluation of all criteria other | ||||||
5 | than price shall be completed before the opening of price | ||||||
6 | information. | ||||||
7 | (e) Upon written request of any bidder who has submitted a | ||||||
8 | bid, notice of the proposed award shall be posted in a public | ||||||
9 | place in the offices of the department or institution at least | ||||||
10 | 24 hours before awarding the contract or purchase order. If, | ||||||
11 | before making an award, any bidder who has submitted a bid | ||||||
12 | files a protest with the department or institution against the | ||||||
13 | awarding of the contract or purchase order on the ground that | ||||||
14 | his or her bid should have been selected in accordance with the | ||||||
15 | selection criteria in the solicitation document, the contract | ||||||
16 | or purchase order shall not be awarded until either the protest | ||||||
17 | has been withdrawn or the Executive Ethics Commission has made | ||||||
18 | a final decision as to the action to be taken relative to the | ||||||
19 | protest. Within 10 days after filing a protest, the protesting | ||||||
20 | bidder shall file with the Executive Ethics Commission a full | ||||||
21 | and complete written statement specifying in detail the ground | ||||||
22 | of the protest and the facts in support thereof. | ||||||
23 | (f) The total value of vehicles and equipment purchased | ||||||
24 | through best value procurement pursuant to this Section shall | ||||||
25 | be limited to $20,000,000 annually. | ||||||
26 | (g) Best value procurement shall only be used on purchases |
| |||||||
| |||||||
1 | made prior to June 30, 2019. | ||||||
2 | (h) On or before January 1, 2020, the Chief Procurement | ||||||
3 | Officer of each designated department or institution shall | ||||||
4 | prepare an evaluation of the best value procurement pilot | ||||||
5 | authorized by this Section, including a recommendation on | ||||||
6 | whether or not the process should be continued. The evaluation | ||||||
7 | shall be posted on the Illinois Procurement Gateway on or | ||||||
8 | before January 1, 2020. | ||||||
9 | (i) This Section is repealed on January 1, 2020.
| ||||||
10 | (30 ILCS 500/35-5)
| ||||||
11 | Sec. 35-5. Application. All professional and artistic | ||||||
12 | services may shall be
procured in
accordance with the | ||||||
13 | provisions of this Article or Article 20 .
| ||||||
14 | (Source: P.A. 90-572, eff. date - See Sec. 99-5.)
| ||||||
15 | (30 ILCS 500/35-30) | ||||||
16 | Sec. 35-30. Awards. | ||||||
17 | (a) All State contracts for professional and artistic | ||||||
18 | services procured under this Article , except as
provided in | ||||||
19 | this Section, shall be awarded using the
competitive request | ||||||
20 | for proposal process outlined in this Section. | ||||||
21 | (b) For each contract offered, the chief procurement | ||||||
22 | officer, State
purchasing officer, or his or her designee shall | ||||||
23 | use the appropriate standard
solicitation
forms
available from | ||||||
24 | the chief procurement officer for matters other than |
| |||||||
| |||||||
1 | construction or the higher
education chief procurement | ||||||
2 | officer. When a multiple award is contemplated, the | ||||||
3 | solicitation shall identify the award criteria and the detailed | ||||||
4 | method of selecting from among the multiple awardees. | ||||||
5 | (c) Prepared forms shall be submitted to the chief | ||||||
6 | procurement officer for matters other than construction or the | ||||||
7 | higher education chief procurement officer,
whichever is | ||||||
8 | appropriate, for
publication in its Illinois Procurement | ||||||
9 | Bulletin and circulation to the chief procurement officer for | ||||||
10 | matters other than construction
or the higher education chief | ||||||
11 | procurement officer's list of
prequalified vendors. Notice of | ||||||
12 | the offer or request for
proposal shall appear at least 14 | ||||||
13 | calendar days before the response to the offer is due. | ||||||
14 | (d) All interested respondents shall return their | ||||||
15 | responses to the location and by the time and date designated | ||||||
16 | in the solicitation, at which time the responses shall be | ||||||
17 | opened and recorded chief procurement officer for matters other | ||||||
18 | than construction
or the higher education chief procurement | ||||||
19 | officer,
whichever is appropriate, which shall open
and record | ||||||
20 | them. The chief procurement officer for matters other than | ||||||
21 | construction or higher education chief procurement officer
| ||||||
22 | then shall forward the responses, together
with any
information | ||||||
23 | it has available about the qualifications and other State work
| ||||||
24 | of the respondents . | ||||||
25 | (e) After evaluation, ranking, and selection, the | ||||||
26 | responsible chief
procurement officer, State purchasing |
| |||||||
| |||||||
1 | officer, or
his or her designee shall notify the chief | ||||||
2 | procurement officer for matters other than construction
or the | ||||||
3 | higher education chief procurement officer, whichever is | ||||||
4 | appropriate,
of the successful respondent and shall forward
a | ||||||
5 | copy of the signed contract for the chief procurement officer | ||||||
6 | for matters other than construction or higher education chief
| ||||||
7 | procurement officer's file. The chief procurement officer for | ||||||
8 | matters other than construction or higher education chief
| ||||||
9 | procurement officer shall
publish the names of the
responsible | ||||||
10 | procurement decision-maker,
the agency awarding letting the | ||||||
11 | contract, the
successful respondent, a contract reference, and | ||||||
12 | value of the awarded let contract
in the next appropriate | ||||||
13 | volume of the Illinois Procurement Bulletin. | ||||||
14 | (f) For all professional and artistic contracts procured | ||||||
15 | under this Article with annualized value
that exceeds $25,000, | ||||||
16 | evaluation and ranking by price are required. Any chief
| ||||||
17 | procurement officer or State purchasing officer,
but not their | ||||||
18 | designees, may select a respondent other than the lowest | ||||||
19 | respondent by
price. When In any case, when the contract | ||||||
20 | exceeds the $25,000 threshold and
the lowest respondent is not | ||||||
21 | selected, the chief procurement officer or the State
purchasing | ||||||
22 | officer shall publish the forward together
with the contract | ||||||
23 | notice of who the low respondent by price was and a written | ||||||
24 | decision as
to why another was selected as part of the notice | ||||||
25 | of award to the chief procurement officer for matters other | ||||||
26 | than construction or
the higher education chief procurement |
| |||||||
| |||||||
1 | officer, whichever is appropriate.
The chief procurement | ||||||
2 | officer for matters other than construction or higher education | ||||||
3 | chief procurement officer shall publish as
provided in | ||||||
4 | subsection (e) of Section 35-30,
but
shall include notice of | ||||||
5 | the chief procurement officer's or State purchasing
officer's | ||||||
6 | written decision . | ||||||
7 | (g) The chief procurement officer for matters other than | ||||||
8 | construction and higher education chief
procurement officer | ||||||
9 | may each refine, but not
contradict, this Section by | ||||||
10 | promulgating rules
for submission to the Procurement Policy | ||||||
11 | Board and then to the Joint Committee
on Administrative Rules. | ||||||
12 | Any
refinement shall be based on the principles and procedures | ||||||
13 | of the federal
Architect-Engineer Selection Law, Public Law | ||||||
14 | 92-582 Brooks Act, and the
Architectural, Engineering, and Land | ||||||
15 | Surveying Qualifications Based Selection
Act; except that | ||||||
16 | pricing shall be an integral part of the selection process. | ||||||
17 | (h) A request for proposals may be issued requesting the | ||||||
18 | submission of offers to establish a competitively-selected | ||||||
19 | pool of the most qualified vendors. When a specific need is | ||||||
20 | identified, written requests for proposals will be directed to | ||||||
21 | the pool of most qualified vendors to meet that need. | ||||||
22 | Clarification, discussion, and best and finals shall be allowed | ||||||
23 | as in a standard request for proposals in each step of the | ||||||
24 | process. The contract for the need shall be made to the most | ||||||
25 | qualified vendor with a fair and reasonable price. The chief | ||||||
26 | procurement officer may re-open the pool periodically as needed |
| |||||||
| |||||||
1 | to ensure reasonable competition. | ||||||
2 | (Source: P.A. 98-1076, eff. 1-1-15 .)
| ||||||
3 | (30 ILCS 500/45-30)
| ||||||
4 | Sec. 45-30. Illinois Correctional Industries. | ||||||
5 | Notwithstanding anything to the
contrary in other law, each the | ||||||
6 | chief procurement officer appointed pursuant to paragraph (4) | ||||||
7 | of subsection (a) of Section 10-20 shall, in consultation
with | ||||||
8 | Illinois Correctional Industries, a division of the Illinois | ||||||
9 | Department of Corrections (referred to as the "Illinois | ||||||
10 | Correctional Industries" or "ICI") determine for all State | ||||||
11 | agencies under their respective jurisdictions which articles, | ||||||
12 | materials,
industry related services, food stuffs, and | ||||||
13 | finished goods that are produced or
manufactured by persons | ||||||
14 | confined in institutions and facilities of the Department of | ||||||
15 | Corrections who are participating in Illinois Correctional | ||||||
16 | Industries programs shall be purchased from Illinois | ||||||
17 | Correctional Industries. Each
The chief procurement officer | ||||||
18 | appointed pursuant to paragraph (4) of subsection (a) of | ||||||
19 | Section 10-20 shall develop and distribute to the appropriate | ||||||
20 | various
purchasing and using agencies a listing of all Illinois | ||||||
21 | Correctional Industries products and procedures for | ||||||
22 | implementing this Section.
| ||||||
23 | (Source: P.A. 98-1076, eff. 1-1-15 .)
| ||||||
24 | (30 ILCS 500/45-45)
|
| |||||||
| |||||||
1 | Sec. 45-45. Small businesses.
| ||||||
2 | (a) Set-asides. Each chief procurement officer has | ||||||
3 | authority to designate as
small business set-asides a fair
| ||||||
4 | proportion of construction, supply, and service contracts for | ||||||
5 | award
to small businesses in Illinois.
Advertisements for bids | ||||||
6 | or offers for those contracts shall
specify designation as | ||||||
7 | small business
set-asides. In awarding the contracts, only bids | ||||||
8 | or offers from
qualified small businesses shall
be considered.
| ||||||
9 | (b) Small business. "Small business" means a business that
| ||||||
10 | is independently owned and
operated and that is not dominant in | ||||||
11 | its field of operation. The
chief procurement officer shall | ||||||
12 | establish a detailed
definition by rule, using in addition to | ||||||
13 | the foregoing criteria
other criteria, including the number
of | ||||||
14 | employees and the dollar volume of business. When computing
the | ||||||
15 | size status of a potential contractor,
annual sales and | ||||||
16 | receipts of the potential contractor and all of its affiliates
| ||||||
17 | shall be included. The maximum
number of employees and the | ||||||
18 | maximum dollar volume that a small
business may have under
the | ||||||
19 | rules promulgated by the chief procurement officer may vary | ||||||
20 | from industry
to
industry to the extent necessary
to reflect | ||||||
21 | differing characteristics of those industries, subject
to the | ||||||
22 | following limitations:
| ||||||
23 | (1) No wholesale business is a small business if its
| ||||||
24 | annual sales for its most
recently completed fiscal year | ||||||
25 | exceed $13,000,000.
| ||||||
26 | (2) No retail business or business selling services is
|
| |||||||
| |||||||
1 | a small business if its
annual sales and receipts exceed | ||||||
2 | $8,000,000.
| ||||||
3 | (3) No manufacturing business is a small business if it
| ||||||
4 | employs more than 250
persons.
| ||||||
5 | (4) No construction business is a small business if its
| ||||||
6 | annual sales and receipts
exceed $14,000,000.
| ||||||
7 | (c) Fair proportion. For the purpose of subsection (a), for | ||||||
8 | State agencies
of the executive branch, a
fair proportion of | ||||||
9 | construction
contracts shall be no less than 25% nor more than | ||||||
10 | 40% of the
annual total contracts for
construction.
| ||||||
11 | (d) Withdrawal of designation. A small business set-aside
| ||||||
12 | designation may be withdrawn
by the purchasing agency when | ||||||
13 | deemed in the best interests of the
State. Upon withdrawal, all
| ||||||
14 | bids or offers shall be rejected, and the bidders or offerors
| ||||||
15 | shall be notified of the reason for
rejection. The contract | ||||||
16 | shall then be awarded in accordance with
this Code without the
| ||||||
17 | designation of small business set-aside.
| ||||||
18 | (e) Small business specialist. The chief procurement | ||||||
19 | officer shall
designate an individual a
State purchasing | ||||||
20 | officer
who will be responsible for engaging an experienced | ||||||
21 | contract
negotiator to serve as its small
business specialist . | ||||||
22 | The small business specialists shall collectively work | ||||||
23 | together to accomplish the following duties , whose duties shall | ||||||
24 | include :
| ||||||
25 | (1) Compiling and maintaining a comprehensive
list of | ||||||
26 | potential small contractors. In this duty, he or she shall |
| |||||||
| |||||||
1 | cooperate with the
Federal Small Business
Administration | ||||||
2 | in locating potential sources for various products
and | ||||||
3 | services.
| ||||||
4 | (2) Assisting small businesses in complying with the
| ||||||
5 | procedures for bidding
on State contracts.
| ||||||
6 | (3) Examining requests from State agencies for the
| ||||||
7 | purchase of property or
services to help determine which | ||||||
8 | invitations to bid are to be
designated small business | ||||||
9 | set-asides.
| ||||||
10 | (4) Making recommendations to the chief procurement | ||||||
11 | officer for the
simplification of
specifications and terms | ||||||
12 | in order to increase the opportunities
for small business | ||||||
13 | participation.
| ||||||
14 | (5) Assisting in investigations by purchasing agencies
| ||||||
15 | to determine the
responsibility of bidders or offerors on | ||||||
16 | small business set-asides.
| ||||||
17 | (f) Small business annual report. Each small business | ||||||
18 | specialist The State purchasing
officer designated under
| ||||||
19 | subsection (e) shall annually before December 1 report in | ||||||
20 | writing
to the General Assembly
concerning the awarding of | ||||||
21 | contracts to small businesses. The
report shall include the | ||||||
22 | total
value of awards made in the preceding fiscal year under | ||||||
23 | the
designation of small business set-aside.
The report shall | ||||||
24 | also include the total value of awards made to
businesses owned | ||||||
25 | by minorities, females, and persons with disabilities, as
| ||||||
26 | defined in the Business Enterprise for Minorities, Females, and |
| |||||||
| |||||||
1 | Persons with
Disabilities Act, in the preceding fiscal year | ||||||
2 | under the designation of small
business set-aside.
| ||||||
3 | The requirement for reporting to the General Assembly shall
| ||||||
4 | be satisfied by filing copies
of the report as required by | ||||||
5 | Section 3.1 of the General Assembly
Organization Act.
| ||||||
6 | (Source: P.A. 98-1076, eff. 1-1-15 .)
| ||||||
7 | (30 ILCS 500/45-57) | ||||||
8 | Sec. 45-57. Veterans. | ||||||
9 | (a) Set-aside goal. It is the goal of the State to promote | ||||||
10 | and encourage the continued economic development of small | ||||||
11 | businesses owned and controlled by qualified veterans and that | ||||||
12 | qualified service-disabled veteran-owned small businesses | ||||||
13 | (referred to as SDVOSB) and veteran-owned small businesses | ||||||
14 | (referred to as VOSB) participate in the State's procurement | ||||||
15 | process as both prime contractors and subcontractors. Not less | ||||||
16 | than 3% of the total dollar amount of State contracts, as | ||||||
17 | defined by the Director of Central Management Services, shall | ||||||
18 | be established as a goal to be awarded to SDVOSB and VOSB. That
| ||||||
19 | portion of a contract under which the contractor subcontracts
| ||||||
20 | with a SDVOSB or VOSB may be counted toward the
goal of this | ||||||
21 | subsection. The Department of Central Management Services | ||||||
22 | shall adopt rules to implement compliance with this subsection | ||||||
23 | by all State agencies. | ||||||
24 | (b) Fiscal year reports. By each November September 1, each | ||||||
25 | chief procurement officer shall report to the Department of |
| |||||||
| |||||||
1 | Central Management Services on all of the following for the | ||||||
2 | immediately preceding fiscal year, and by each March 1 the | ||||||
3 | Department of Central Management Services shall compile and | ||||||
4 | report that information to the General Assembly: | ||||||
5 | (1) The total number of VOSB, and the number of SDVOSB, | ||||||
6 | who submitted bids for contracts under this Code. | ||||||
7 | (2) The total number of VOSB, and the number of SDVOSB, | ||||||
8 | who entered into contracts with the State under this Code | ||||||
9 | and the total value of those contracts. | ||||||
10 | (c) Yearly review and recommendations. Each year, each | ||||||
11 | chief procurement officer shall review the progress of all | ||||||
12 | State agencies under its jurisdiction in meeting the goal | ||||||
13 | described in subsection (a), with input from statewide | ||||||
14 | veterans' service organizations and from the business | ||||||
15 | community, including businesses owned by qualified veterans, | ||||||
16 | and shall make recommendations to be included in the Department | ||||||
17 | of Central Management Services' report to the General Assembly | ||||||
18 | regarding continuation, increases, or decreases of the | ||||||
19 | percentage goal. The recommendations shall be based upon the | ||||||
20 | number of businesses that are owned by qualified veterans and | ||||||
21 | on the continued need to encourage and promote businesses owned | ||||||
22 | by qualified veterans. | ||||||
23 | (d) Governor's recommendations. To assist the State in | ||||||
24 | reaching the goal described in subsection (a), the Governor | ||||||
25 | shall recommend to the General Assembly changes in programs to | ||||||
26 | assist businesses owned by qualified veterans. |
| |||||||
| |||||||
1 | (e) Definitions. As used in this Section: | ||||||
2 | "Armed forces of the United States" means the United States | ||||||
3 | Army, Navy, Air Force, Marine Corps, Coast Guard, or service in | ||||||
4 | active duty as defined under 38 U.S.C. Section 101. Service in | ||||||
5 | the Merchant Marine that constitutes active duty under Section | ||||||
6 | 401 of federal Public Act 95-202 shall also be considered | ||||||
7 | service in the armed forces for purposes of this Section. | ||||||
8 | "Certification" means a determination made by the Illinois | ||||||
9 | Department of Veterans' Affairs and the Department of Central | ||||||
10 | Management Services that a business entity is a qualified | ||||||
11 | service-disabled veteran-owned small business or a qualified | ||||||
12 | veteran-owned small business for whatever purpose. A SDVOSB or | ||||||
13 | VOSB owned and controlled by females, minorities, or persons | ||||||
14 | with disabilities, as those terms are defined in Section 2 of | ||||||
15 | the Business Enterprise for Minorities, Females, and Persons | ||||||
16 | with Disabilities Act, may also select and designate whether | ||||||
17 | that business is to be certified as a "female-owned business", | ||||||
18 | "minority-owned business", or "business owned by a person with | ||||||
19 | a disability", as defined in Section 2 of the Business | ||||||
20 | Enterprise for Minorities, Females, and Persons with | ||||||
21 | Disabilities Act. | ||||||
22 | "Control" means the exclusive, ultimate, majority, or sole | ||||||
23 | control of the business, including but not limited to capital | ||||||
24 | investment and all other financial matters, property, | ||||||
25 | acquisitions, contract negotiations, legal matters, | ||||||
26 | officer-director-employee selection and comprehensive hiring, |
| |||||||
| |||||||
1 | operation responsibilities, cost-control matters, income and | ||||||
2 | dividend matters, financial transactions, and rights of other | ||||||
3 | shareholders or joint partners. Control shall be real, | ||||||
4 | substantial, and continuing, not pro forma. Control shall | ||||||
5 | include the power to direct or cause the direction of the | ||||||
6 | management and policies of the business and to make the | ||||||
7 | day-to-day as well as major decisions in matters of policy, | ||||||
8 | management, and operations. Control shall be exemplified by | ||||||
9 | possessing the requisite knowledge and expertise to run the | ||||||
10 | particular business, and control shall not include simple | ||||||
11 | majority or absentee ownership. | ||||||
12 | "Qualified service-disabled veteran" means a
veteran who | ||||||
13 | has been found to have 10% or more service-connected disability | ||||||
14 | by the United States Department of Veterans Affairs or the | ||||||
15 | United States Department of Defense. | ||||||
16 | "Qualified service-disabled veteran-owned small business" | ||||||
17 | or "SDVOSB" means a small business (i) that is at least 51% | ||||||
18 | owned by one or more qualified service-disabled veterans living | ||||||
19 | in Illinois or, in the case of a corporation, at least 51% of | ||||||
20 | the stock of which is owned by one or more qualified | ||||||
21 | service-disabled veterans living in Illinois; (ii) that has its | ||||||
22 | home office in Illinois; and (iii) for which items (i) and (ii) | ||||||
23 | are factually verified annually by the Department of Central | ||||||
24 | Management Services. | ||||||
25 | "Qualified veteran-owned small business" or "VOSB" means a | ||||||
26 | small business (i) that is at least 51% owned by one or more |
| |||||||
| |||||||
1 | qualified veterans living in Illinois or, in the case of a | ||||||
2 | corporation, at least 51% of the stock of which is owned by one | ||||||
3 | or more qualified veterans living in Illinois; (ii) that has | ||||||
4 | its home office in Illinois; and (iii) for which items (i) and | ||||||
5 | (ii) are factually verified annually by the Department of | ||||||
6 | Central Management Services. | ||||||
7 | "Service-connected disability" means a disability incurred | ||||||
8 | in the line of duty in the active military, naval, or air | ||||||
9 | service as described in 38 U.S.C. 101(16). | ||||||
10 | "Small business" means a business that has annual gross | ||||||
11 | sales of less than $75,000,000 as evidenced by the federal | ||||||
12 | income tax return of the business. A firm with gross sales in | ||||||
13 | excess of this cap may apply to the Department of Central | ||||||
14 | Management Services for certification for a particular | ||||||
15 | contract if the firm can demonstrate that the contract would | ||||||
16 | have significant impact on SDVOSB or VOSB as suppliers or | ||||||
17 | subcontractors or in employment of veterans or | ||||||
18 | service-disabled veterans. | ||||||
19 | "State agency" has the meaning provided in Section 1-15.100 | ||||||
20 | of this Code. same meaning as in Section 2 of the Business | ||||||
21 | Enterprise for Minorities, Females, and Persons with | ||||||
22 | Disabilities Act. | ||||||
23 | "Time of hostilities with a foreign country" means any | ||||||
24 | period of time in the past, present, or future during which a | ||||||
25 | declaration of war by the United States Congress has been or is | ||||||
26 | in effect or during which an emergency condition has been or is |
| |||||||
| |||||||
1 | in effect that is recognized by the issuance of a Presidential | ||||||
2 | proclamation or a Presidential executive order and in which the | ||||||
3 | armed forces expeditionary medal or other campaign service | ||||||
4 | medals are awarded according to Presidential executive order. | ||||||
5 | "Veteran" means a person who (i) has been a member of the | ||||||
6 | armed forces of the United States or, while a citizen of the | ||||||
7 | United States, was a member of the armed forces of allies of | ||||||
8 | the United States in time of hostilities with a foreign country | ||||||
9 | and (ii) has served under one or more of the following | ||||||
10 | conditions: (a) the veteran served a total of at least 6 | ||||||
11 | months; (b) the veteran served for the duration of hostilities | ||||||
12 | regardless of the length of the engagement; (c) the veteran was | ||||||
13 | discharged on the basis of hardship; or (d) the veteran was | ||||||
14 | released from active duty because of a service connected | ||||||
15 | disability and was discharged under honorable conditions. | ||||||
16 | (f) Certification program. The Illinois Department of | ||||||
17 | Veterans' Affairs and the Department of Central Management | ||||||
18 | Services shall work together to devise a certification | ||||||
19 | procedure to assure that businesses taking advantage of this | ||||||
20 | Section are legitimately classified as qualified | ||||||
21 | service-disabled veteran-owned small businesses or qualified | ||||||
22 | veteran-owned small businesses.
| ||||||
23 | (g) Penalties. | ||||||
24 | (1) Administrative penalties. The chief procurement | ||||||
25 | officers appointed pursuant to Section 10-20 shall suspend | ||||||
26 | any person who commits a violation of Section 17-10.3 or |
| |||||||
| |||||||
1 | subsection (d) of Section 33E-6 of the Criminal Code of | ||||||
2 | 2012 relating to this Section from bidding on, or | ||||||
3 | participating as a contractor, subcontractor, or supplier | ||||||
4 | in, any State contract or project for a period of not less | ||||||
5 | than 3 years, and, if the person is certified as a | ||||||
6 | service-disabled veteran-owned small business or a | ||||||
7 | veteran-owned small business, then the Department shall | ||||||
8 | revoke the business's certification for a period of not | ||||||
9 | less than 3 years. An additional or subsequent violation | ||||||
10 | shall extend the periods of suspension and revocation for a | ||||||
11 | period of not less than 5 years. The suspension and | ||||||
12 | revocation shall apply to the principals of the business | ||||||
13 | and any subsequent business formed or financed by, or | ||||||
14 | affiliated with, those principals. | ||||||
15 | (2) Reports of violations. Each State agency shall | ||||||
16 | report any alleged violation of Section 17-10.3 or | ||||||
17 | subsection (d) of Section 33E-6 of the Criminal Code of | ||||||
18 | 2012 relating to this Section to the chief procurement | ||||||
19 | officers appointed pursuant to Section 10-20. The chief | ||||||
20 | procurement officers appointed pursuant to Section 10-20 | ||||||
21 | shall subsequently report all such alleged violations to | ||||||
22 | the Attorney General, who shall determine whether to bring | ||||||
23 | a civil action against any person for the violation. | ||||||
24 | (3) List of suspended persons. The chief procurement | ||||||
25 | officers appointed pursuant to Section 10-20 shall monitor | ||||||
26 | the status of all reported violations of Section 17-10.3 or |
| |||||||
| |||||||
1 | subsection (d) of Section 33E-6 of the Criminal Code of | ||||||
2 | 1961 or the Criminal Code of 2012 relating to this Section | ||||||
3 | and shall maintain and make available to all State agencies | ||||||
4 | a central listing of all persons that committed violations | ||||||
5 | resulting in suspension. | ||||||
6 | (4) Use of suspended persons. During the period of a | ||||||
7 | person's suspension under paragraph (1) of this | ||||||
8 | subsection, a State agency shall not enter into any | ||||||
9 | contract with that person or with any contractor using the | ||||||
10 | services of that person as a subcontractor. | ||||||
11 | (5) Duty to check list. Each State agency shall check | ||||||
12 | the central listing provided by the chief procurement | ||||||
13 | officers appointed pursuant to Section 10-20 under | ||||||
14 | paragraph (3) of this subsection to verify that a person | ||||||
15 | being awarded a contract by that State agency, or to be | ||||||
16 | used as a subcontractor or supplier on a contract being | ||||||
17 | awarded by that State agency, is not under suspension | ||||||
18 | pursuant to paragraph (1) of this subsection. | ||||||
19 | (Source: P.A. 97-260, eff. 8-5-11; 97-1150, eff. 1-25-13; | ||||||
20 | 98-307, eff. 8-12-13; 98-1076, eff. 1-1-15 .)
| ||||||
21 | (30 ILCS 500/50-2) | ||||||
22 | Sec. 50-2. Continuing disclosure; false certification. | ||||||
23 | Every person that has entered into a multi-year contract and | ||||||
24 | every subcontractor with a multi-year subcontract shall | ||||||
25 | certify, by January July 1 of each fiscal year covered by the |
| |||||||
| |||||||
1 | contract after the initial fiscal year, to the responsible | ||||||
2 | chief procurement officer whether it continues to satisfy the | ||||||
3 | requirements of this Article pertaining to eligibility for a | ||||||
4 | contract award. If a contractor or subcontractor is not able to | ||||||
5 | truthfully certify that it continues to meet all requirements, | ||||||
6 | it shall provide with its certification a detailed explanation | ||||||
7 | of the circumstances leading to the change in certification | ||||||
8 | status. A contractor or subcontractor that makes a false | ||||||
9 | statement material to any given certification required under | ||||||
10 | this Article is, in addition to any other penalties or | ||||||
11 | consequences prescribed by law, subject to liability under the | ||||||
12 | Illinois False Claims Act for submission of a false claim.
| ||||||
13 | (Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793 | ||||||
14 | for the effective date of P.A. 96-795); 96-1304, eff. 7-27-10.)
| ||||||
15 | (30 ILCS 500/50-10)
| ||||||
16 | Sec. 50-10. Felons. | ||||||
17 | (a) Unless otherwise provided, no person
or business | ||||||
18 | convicted of
a felony shall do business with the State of | ||||||
19 | Illinois or any State
agency, or enter into a subcontract, from | ||||||
20 | the date of
conviction until 5 years after the date of | ||||||
21 | completion of the
sentence for that felony, unless no
person | ||||||
22 | held responsible by a prosecutorial office for the facts
upon | ||||||
23 | which the conviction was
based continues to have any | ||||||
24 | involvement with the business. For purposes of this subsection | ||||||
25 | (a), "completion of sentence" means completion of all |
| |||||||
| |||||||
1 | sentencing related to the felony conviction or admission and | ||||||
2 | includes, but is not limited to, the following: incarceration, | ||||||
3 | mandatory supervised release, probation, work release, house | ||||||
4 | arrest, or commitment to a mental facility.
| ||||||
5 | (b) Every bid or offer submitted to the State, every | ||||||
6 | contract executed by the State, every subcontract subject to | ||||||
7 | Section 20-120 of this Code, and every vendor's submission to a | ||||||
8 | vendor portal shall contain a certification by the bidder, | ||||||
9 | offeror, potential contractor, contractor, or subcontractor, | ||||||
10 | respectively, that the bidder, offeror, potential contractor, | ||||||
11 | contractor, or subcontractor is not barred from being awarded a | ||||||
12 | contract or subcontract under this Section and acknowledges | ||||||
13 | that the chief procurement officer may declare the related | ||||||
14 | contract void if any of the certifications required by this | ||||||
15 | Section are false. If the false certification is made by a | ||||||
16 | subcontractor, then the contractor's submitted bid or offer and | ||||||
17 | the executed contract may not be declared void, unless the | ||||||
18 | contractor refuses to terminate the subcontract upon the | ||||||
19 | State's request after a finding that the subcontract's | ||||||
20 | certification was false. | ||||||
21 | (Source: P.A. 97-895, eff. 8-3-12; 98-1076, eff. 1-1-15 .)
| ||||||
22 | (30 ILCS 500/50-10.5) | ||||||
23 | Sec. 50-10.5. Prohibited bidders, offerors, potential | ||||||
24 | contractors, and contractors. | ||||||
25 | (a) Unless otherwise provided, no business shall bid, |
| |||||||
| |||||||
1 | offer, enter into a
contract or subcontract under this Code, or | ||||||
2 | make a submission to a vendor portal if the business or any
| ||||||
3 | officer, director, partner, or other managerial agent of the | ||||||
4 | business has been
convicted of a felony under the | ||||||
5 | Sarbanes-Oxley Act of 2002 or a
Class 3 or Class 2 felony under | ||||||
6 | the Illinois Securities Law of 1953 for a
period of 5 years | ||||||
7 | from
the date of conviction. | ||||||
8 | (b) Every bid and offer submitted to the State, every | ||||||
9 | contract executed by the State, every vendor's submission to a | ||||||
10 | vendor portal, and every subcontract subject to Section 20-120 | ||||||
11 | of this Code shall contain
a certification by the bidder, | ||||||
12 | offeror, potential contractor, contractor, or subcontractor, | ||||||
13 | respectively, that the bidder, offeror, potential contractor, | ||||||
14 | contractor, or subcontractor is not barred
from being awarded a | ||||||
15 | contract or subcontract under this Section and
acknowledges | ||||||
16 | that the chief procurement officer shall declare the related | ||||||
17 | contract void
if any of
the certifications completed pursuant | ||||||
18 | to this subsection (b) are false. If the false certification is | ||||||
19 | made by a subcontractor, then the contractor's submitted bid or | ||||||
20 | offer and the executed contract may not be declared void, | ||||||
21 | unless the contractor refuses to terminate the subcontract upon | ||||||
22 | the State's request after a finding that the subcontract's | ||||||
23 | certification was false. | ||||||
24 | (c) If a business is not a natural person, the prohibition | ||||||
25 | in subsection (a)
applies only if: | ||||||
26 | (1) the business itself is convicted of a felony |
| |||||||
| |||||||
1 | referenced in subsection
(a); or | ||||||
2 | (2) the business is ordered to pay punitive damages | ||||||
3 | based on the
conduct
of any officer, director, partner, or | ||||||
4 | other managerial agent who has been
convicted of a felony | ||||||
5 | referenced in subsection (a). | ||||||
6 | (d) A natural person who is convicted of a felony | ||||||
7 | referenced in subsection
(a) remains subject to Section 50-10. | ||||||
8 | (e) No person or business shall bid, offer, make a | ||||||
9 | submission to a vendor portal, or enter into a contract under | ||||||
10 | this Code if the person or business assisted an employee of the | ||||||
11 | State of Illinois, who, by the nature of his or her duties, has | ||||||
12 | the authority to participate personally and substantially in | ||||||
13 | the decision to award a State contract, by reviewing, drafting, | ||||||
14 | directing, or preparing any invitation for bids, a request for | ||||||
15 | proposal, or request for information or provided similar | ||||||
16 | assistance except as part of a publicly issued opportunity to | ||||||
17 | review drafts of all or part of these documents. | ||||||
18 | This subsection does not prohibit a person or business from | ||||||
19 | submitting a bid or offer or entering into a contract if the | ||||||
20 | person or business: (i) initiates a communication with an | ||||||
21 | employee to provide general information about products, | ||||||
22 | services, or industry best practices , and, if applicable, that | ||||||
23 | communication is documented in accordance with Section 50-39 or | ||||||
24 | (ii) responds to a communication initiated by an employee of | ||||||
25 | the State for the purposes of providing information to evaluate | ||||||
26 | new products, trends, services, or technologies , or (iii) asks |
| |||||||
| |||||||
1 | for clarification regarding a contract solicitation so long as | ||||||
2 | there is no competitive advantage to the person or business and | ||||||
3 | the question and answer, if material, are posted to the | ||||||
4 | Illinois Procurement Bulletin as an addendum to the contract | ||||||
5 | solicitation . | ||||||
6 | Nothing in this Section prohibits a vendor developing | ||||||
7 | technology, goods, or services from bidding or offering to | ||||||
8 | supply that technology or those goods or services if the | ||||||
9 | subject demonstrated to the State represents industry trends | ||||||
10 | and innovation and is not specifically designed to meet the | ||||||
11 | State's needs. | ||||||
12 | Nothing in this Section prohibits a person performing | ||||||
13 | construction related services from initiating contact with a | ||||||
14 | business that performs construction for the purpose of | ||||||
15 | obtaining market costs or production time to determine the | ||||||
16 | estimated costs to complete the construction project. | ||||||
17 | For purposes of this subsection (e), "business" includes | ||||||
18 | all individuals with whom a business is affiliated, including, | ||||||
19 | but not limited to, any officer, agent, employee, consultant, | ||||||
20 | independent contractor, director, partner, or manager of a | ||||||
21 | business. | ||||||
22 | No person or business shall submit specifications to a | ||||||
23 | State agency unless requested to do so by an employee of the | ||||||
24 | State. No person or business who contracts with a State agency | ||||||
25 | to write specifications for a particular procurement need shall | ||||||
26 | submit a bid or proposal or receive a contract for that |
| |||||||
| |||||||
1 | procurement need. | ||||||
2 | (Source: P.A. 97-895, eff. 8-3-12; 98-1076, eff. 1-1-15 .)
| ||||||
3 | (30 ILCS 500/50-40)
| ||||||
4 | Sec. 50-40. Reporting and anticompetitive practices. When, | ||||||
5 | for any reason,
any
vendor, bidder, offeror, potential | ||||||
6 | contractor, contractor, chief procurement officer, State | ||||||
7 | purchasing
officer, designee, elected official, or State
| ||||||
8 | employee suspects collusion or other anticompetitive practice | ||||||
9 | among any
bidders, offerors, potential contractors, | ||||||
10 | contractors, or employees of the State, a notice
of the | ||||||
11 | relevant facts shall be transmitted to the appropriate | ||||||
12 | Inspector General, the Attorney General and the
chief | ||||||
13 | procurement officer. The reporting requirements shall be | ||||||
14 | conveyed through ethics training under the State Officials and | ||||||
15 | Employees Ethics Act. An employee who knowingly and | ||||||
16 | intentionally violates this Section shall be subject to | ||||||
17 | suspension or discharge.
| ||||||
18 | (Source: P.A. 98-1076, eff. 1-1-15 .)
| ||||||
19 | (30 ILCS 500/50-45)
| ||||||
20 | Sec. 50-45. Confidentiality. Any chief procurement | ||||||
21 | officer, State
purchasing officer, designee, or executive | ||||||
22 | officer , or State employee
who willfully uses or allows the use | ||||||
23 | of specifications,
competitive solicitation documents, | ||||||
24 | proprietary competitive information,
contracts, or selection |
| |||||||
| |||||||
1 | information to compromise the fairness or integrity of
the | ||||||
2 | procurement or contract process shall be subject to immediate
| ||||||
3 | dismissal, regardless of the Personnel Code, any contract, or | ||||||
4 | any
collective bargaining agreement, and may in addition be | ||||||
5 | subject to criminal
prosecution.
| ||||||
6 | (Source: P.A. 98-1076, eff. 1-1-15 .)
| ||||||
7 | (30 ILCS 500/50-39 rep.) | ||||||
8 | Section 15. The Illinois Procurement Code is amended by | ||||||
9 | repealing Section 50-39.
| ||||||
10 | Section 20. The Small Business Contracts Act is amended by | ||||||
11 | changing Sections 10 and 20 as follows:
| ||||||
12 | (30 ILCS 503/10)
| ||||||
13 | Sec. 10. Award of State contracts. | ||||||
14 | (a) Not less than 10% of the total dollar amount of State | ||||||
15 | contracts shall be established as a goal to be awarded as a | ||||||
16 | contract or subcontract to small businesses. | ||||||
17 | (b) The percentage in subsection (a) relates to the total | ||||||
18 | dollar amount of State contracts during each State fiscal year, | ||||||
19 | calculated by examining independently each type of contract for | ||||||
20 | each State official or agency which lets such contracts.
| ||||||
21 | (Source: P.A. 97-307, eff. 8-11-11.)
| ||||||
22 | (30 ILCS 503/20)
|
| |||||||
| |||||||
1 | Sec. 20. Annual report. Each chief procurement officer | ||||||
2 | shall file no later than November March 1 of each year, an | ||||||
3 | annual report that shall detail the level of achievement toward | ||||||
4 | the goals specified in this Act over the 3 most recent fiscal | ||||||
5 | years. The annual report shall include, but need not be limited | ||||||
6 | to, the following: | ||||||
7 | (1) a summary detailing State appropriations subject | ||||||
8 | to the goals, the actual goals specified, and the goals | ||||||
9 | attained by each State official or agency; | ||||||
10 | (2) a summary of the number of contracts awarded and | ||||||
11 | the average contract amount by each State official or | ||||||
12 | agency; and | ||||||
13 | (3) an analysis of the level of overall goal | ||||||
14 | achievement concerning purchases from small businesses.
| ||||||
15 | (Source: P.A. 97-307, eff. 8-11-11.)
| ||||||
16 | Section 25. The Governmental Joint Purchasing Act is | ||||||
17 | amended by changing Section 2 as follows:
| ||||||
18 | (30 ILCS 525/2) (from Ch. 85, par. 1602)
| ||||||
19 | Sec. 2. Joint purchasing authority. | ||||||
20 | (a) Any governmental unit may purchase personal property, | ||||||
21 | supplies
and services jointly with one or more other | ||||||
22 | governmental units. All such joint
purchases shall be by | ||||||
23 | competitive solicitation as provided in Section 4 of this Act.
| ||||||
24 | The provisions of any other acts under which a governmental |
| |||||||
| |||||||
1 | unit operates which
refer to purchases and procedures in | ||||||
2 | connection therewith shall be superseded
by the provisions of | ||||||
3 | this Act when the governmental units are exercising the
joint | ||||||
4 | powers created by this Act.
| ||||||
5 | (a-5) A chief procurement officer established in Section | ||||||
6 | 10-20 of the Illinois Procurement Code may authorize the | ||||||
7 | purchase of personal property, supplies, and services jointly | ||||||
8 | with a governmental entity of this or another state or with a | ||||||
9 | consortium of governmental entities of one or more other | ||||||
10 | states. Subject to provisions of the joint purchasing | ||||||
11 | solicitation, the appropriate chief procurement officer may | ||||||
12 | designate the resulting contract as available to governmental | ||||||
13 | units in Illinois. The chief procurement officers shall submit | ||||||
14 | to the General Assembly by November 1 of each year a report of | ||||||
15 | procurements made under this subsection (a-5). | ||||||
16 | (a-10) Each chief procurement officer appointed pursuant | ||||||
17 | to Section 10-20 of the Illinois Procurement Code may authorize | ||||||
18 | the purchase or lease of personal property, supplies, and | ||||||
19 | services which have been procured through a competitive process | ||||||
20 | by a federal agency, a consortium of governmental, educational, | ||||||
21 | medical, research, or similar entities, or group purchasing | ||||||
22 | organizations of which the chief procurement officer or State | ||||||
23 | agency is a member or affiliate, including, without limitation, | ||||||
24 | any purchasing entity operating under the federal General | ||||||
25 | Service Administration, the federal Higher Education | ||||||
26 | Cooperative Act, and the Midwestern Higher Education |
| |||||||
| |||||||
1 | Cooperation Act. A chief procurement officer may authorize | ||||||
2 | purchases and contracts established by other means if the chief | ||||||
3 | procurement officer determines it is in the best interests of | ||||||
4 | the State. Each chief procurement officer may establish | ||||||
5 | detailed rules and policies and procedures for use of these | ||||||
6 | cooperative solicitations and contracts, including, without | ||||||
7 | limitation, that the State agency make a determination that the | ||||||
8 | award or contract is in the best interest of the State and that | ||||||
9 | the contract include provisions required by Illinois law. | ||||||
10 | Notice of awards or contracts shall be published by the chief | ||||||
11 | procurement officer in the Illinois Procurement Bulletin at | ||||||
12 | least 14 days prior to use of the award or contract. Each chief | ||||||
13 | procurement officer shall submit to the General Assembly by | ||||||
14 | November 1 of each year a report of procurements made under | ||||||
15 | this subsection (a-10). | ||||||
16 | (b) Any not-for-profit agency that qualifies under Section | ||||||
17 | 45-35 of the Illinois Procurement Code and that either (1) acts | ||||||
18 | pursuant to a board
established by or controlled by a unit of | ||||||
19 | local government or (2) receives
grant funds from the State or | ||||||
20 | from a unit of local government, shall be
eligible to | ||||||
21 | participate in contracts established by the State.
| ||||||
22 | (Source: P.A. 96-584, eff. 1-1-10; 97-895, eff. 8-3-12.)
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23 | Section 30. The Illinois Human Rights Act is amended by | ||||||
24 | changing Section 2-101 as follows:
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1 | (775 ILCS 5/2-101) (from Ch. 68, par. 2-101)
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2 | Sec. 2-101. Definitions. The following definitions are | ||||||
3 | applicable
strictly in the context of this Article.
| ||||||
4 | (A) Employee.
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5 | (1) "Employee" includes:
| ||||||
6 | (a) Any individual performing services for | ||||||
7 | remuneration within this
State for an employer;
| ||||||
8 | (b) An apprentice;
| ||||||
9 | (c) An applicant for any apprenticeship.
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10 | For purposes of subsection (D) of Section 2-102 of this | ||||||
11 | Act, "employee" also includes an unpaid intern. An unpaid | ||||||
12 | intern is a person who performs work for an employer under | ||||||
13 | the following circumstances: | ||||||
14 | (i) the employer is not committed to hiring the | ||||||
15 | person performing the work at the conclusion of the | ||||||
16 | intern's tenure; | ||||||
17 | (ii) the employer and the person performing the | ||||||
18 | work agree that the person is not entitled to wages for | ||||||
19 | the work performed; and | ||||||
20 | (iii) the work performed: | ||||||
21 | (I) supplements training given in an | ||||||
22 | educational environment that may enhance the | ||||||
23 | employability of the intern; | ||||||
24 | (II) provides experience for the benefit of | ||||||
25 | the person performing the work; | ||||||
26 | (III) does not displace regular employees; |
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1 | (IV) is performed under the close supervision | ||||||
2 | of existing staff; and | ||||||
3 | (V) provides no immediate advantage to the | ||||||
4 | employer providing the training and may
| ||||||
5 | occasionally impede the operations of the | ||||||
6 | employer. | ||||||
7 | (2) "Employee" does not include:
| ||||||
8 | (a) Domestic servants in private homes;
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9 | (b) Individuals employed by persons who are not | ||||||
10 | "employers" as
defined by this Act;
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11 | (c) Elected public officials or the members of | ||||||
12 | their immediate
personal staffs;
| ||||||
13 | (d) Principal administrative officers of the State | ||||||
14 | or of any
political subdivision, municipal corporation | ||||||
15 | or other governmental unit
or agency;
| ||||||
16 | (e) A person in a vocational rehabilitation | ||||||
17 | facility certified under
federal law who has been | ||||||
18 | designated an evaluee, trainee, or work
activity | ||||||
19 | client.
| ||||||
20 | (B) Employer.
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21 | (1) "Employer" includes:
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22 | (a) Any person employing 15 or more employees | ||||||
23 | within Illinois during
20 or more calendar weeks within | ||||||
24 | the calendar year of or preceding the alleged
| ||||||
25 | violation;
| ||||||
26 | (b) Any person employing one or more employees when |
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1 | a complainant
alleges civil rights violation due to | ||||||
2 | unlawful discrimination based
upon his or her physical | ||||||
3 | or mental disability unrelated to ability, pregnancy, | ||||||
4 | or
sexual harassment;
| ||||||
5 | (c) The State and any political subdivision, | ||||||
6 | municipal corporation
or other governmental unit or | ||||||
7 | agency, without regard to the number of
employees;
| ||||||
8 | (d) Any party to a public contract without regard | ||||||
9 | to the number of
employees;
| ||||||
10 | (e) A joint apprenticeship or training committee | ||||||
11 | without regard to the
number of employees.
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12 | (2) "Employer" does not include any religious | ||||||
13 | corporation,
association, educational institution, | ||||||
14 | society, or non-profit nursing
institution conducted by | ||||||
15 | and for those who rely upon treatment by prayer
through | ||||||
16 | spiritual means in accordance with the tenets of a | ||||||
17 | recognized
church or religious denomination with respect | ||||||
18 | to the employment of
individuals of a particular religion | ||||||
19 | to perform work connected with the
carrying on by such | ||||||
20 | corporation, association, educational institution,
society | ||||||
21 | or non-profit nursing institution of its activities.
| ||||||
22 | (C) Employment Agency. "Employment Agency" includes both | ||||||
23 | public and
private employment agencies and any person, labor | ||||||
24 | organization, or labor
union having a hiring hall or hiring | ||||||
25 | office regularly undertaking, with
or without compensation, to | ||||||
26 | procure opportunities to work, or to
procure, recruit, refer or |
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1 | place employees.
| ||||||
2 | (D) Labor Organization. "Labor Organization" includes any
| ||||||
3 | organization, labor union, craft union, or any voluntary | ||||||
4 | unincorporated
association designed to further the cause of the | ||||||
5 | rights of union labor
which is constituted for the purpose, in | ||||||
6 | whole or in part, of collective
bargaining or of dealing with | ||||||
7 | employers concerning grievances, terms or
conditions of | ||||||
8 | employment, or apprenticeships or applications for
| ||||||
9 | apprenticeships, or of other mutual aid or protection in | ||||||
10 | connection with
employment, including apprenticeships or | ||||||
11 | applications for apprenticeships.
| ||||||
12 | (E) Sexual Harassment. "Sexual harassment" means any | ||||||
13 | unwelcome sexual
advances or requests for sexual favors or any | ||||||
14 | conduct of a sexual nature
when (1) submission to such conduct | ||||||
15 | is made either explicitly or implicitly
a term or condition of | ||||||
16 | an individual's employment, (2) submission to or
rejection of | ||||||
17 | such conduct by an individual is used as the basis for
| ||||||
18 | employment decisions affecting such individual, or (3) such | ||||||
19 | conduct has the
purpose or effect of substantially interfering | ||||||
20 | with an individual's work
performance or creating an | ||||||
21 | intimidating, hostile or offensive working
environment.
| ||||||
22 | (F) Religion. "Religion" with respect to employers | ||||||
23 | includes all
aspects of religious observance and practice, as | ||||||
24 | well as belief, unless an
employer demonstrates that he is | ||||||
25 | unable to reasonably accommodate an
employee's or prospective | ||||||
26 | employee's religious observance or practice
without undue |
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1 | hardship on the conduct of the employer's business.
| ||||||
2 | (G) Public Employer. "Public employer" means the State, an | ||||||
3 | agency or
department thereof, unit of local government, school | ||||||
4 | district,
instrumentality or political subdivision.
| ||||||
5 | (H) Public Employee. "Public employee" means an employee of | ||||||
6 | the State,
agency or department thereof, unit of local | ||||||
7 | government, school district,
instrumentality or political | ||||||
8 | subdivision. "Public employee" does not include
public | ||||||
9 | officers or employees of the General Assembly or agencies | ||||||
10 | thereof.
| ||||||
11 | (I) Public Officer. "Public officer" means a person who is | ||||||
12 | elected to
office pursuant to the Constitution or a statute or | ||||||
13 | ordinance, or who is
appointed to an office which is | ||||||
14 | established, and the qualifications and
duties of which are | ||||||
15 | prescribed, by the Constitution or a statute or
ordinance, to | ||||||
16 | discharge a public duty for the State, agency or department
| ||||||
17 | thereof, unit of local government, school district, | ||||||
18 | instrumentality or
political subdivision.
| ||||||
19 | (J) Eligible Bidder. "Eligible bidder" means a person who, | ||||||
20 | prior to contract award a
bid opening , has filed with the | ||||||
21 | Department a properly completed, sworn and
currently valid | ||||||
22 | employer report form, pursuant to the Department's | ||||||
23 | regulations.
The provisions of this Article relating to | ||||||
24 | eligible bidders apply only
to bids on contracts with the State | ||||||
25 | and its departments, agencies, boards,
and commissions, and the | ||||||
26 | provisions do not apply to bids on contracts with
units of |
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1 | local government or school districts.
| ||||||
2 | (K) Citizenship Status. "Citizenship status" means the | ||||||
3 | status of being:
| ||||||
4 | (1) a born U.S. citizen;
| ||||||
5 | (2) a naturalized U.S. citizen;
| ||||||
6 | (3) a U.S. national; or
| ||||||
7 | (4) a person born outside the United States and not a | ||||||
8 | U.S. citizen who
is not an unauthorized alien and who is | ||||||
9 | protected from discrimination under
the provisions of | ||||||
10 | Section 1324b of Title 8 of the United States Code, as
now | ||||||
11 | or hereafter amended.
| ||||||
12 | (Source: P.A. 98-1037, eff. 1-1-15; 98-1050, eff. 1-1-15; | ||||||
13 | 99-78, eff. 7-20-15.)
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14 | Section 95. No acceleration or delay. Where this Act makes | ||||||
15 | changes in a statute that is represented in this Act by text | ||||||
16 | that is not yet or no longer in effect (for example, a Section | ||||||
17 | represented by multiple versions), the use of that text does | ||||||
18 | not accelerate or delay the taking effect of (i) the changes | ||||||
19 | made by this Act or (ii) provisions derived from any other | ||||||
20 | Public Act.
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21 | Section 99. Effective date. This Act takes effect July 1, | ||||||
22 | 2016.".
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