Public Act 102-1119

HB4285 Enrolled LRB102 21927 RJF 31050 b

AN ACT concerning finance.

Be it enacted by the People of the State of Illinois,

represented in the General Assembly:

Section 5. The Commission to End Hunger Act is amended by

changing Section 15 as follows:

(20 ILCS 5015/15)

Sec. 15. Members. The Commission to End Hunger shall be

composed of no more than 21 voting members including 2 members

of the Illinois House of Representatives, one appointed by the

Speaker of the House and one appointed by the House Minority

Leader; 2 members of the Illinois Senate, one appointed by the

Senate President and one appointed by the Senate Minority

Leader; one representative of the Office of the Governor

appointed by the Governor; one representative of the Office of

the Lieutenant Governor appointed by the Lieutenant Governor;

and 15 public members, who shall be appointed by the Governor.

The public members shall include 2 representatives of food

banks; 2 representatives from other community food assistance

programs; a representative of a statewide organization focused

on responding to hunger; a representative from an anti-poverty

organization; a representative of an organization that serves

or advocates for children and youth; a representative of an

organization that serves or advocates for older adults; a

representative of an organization that advocates for people

who are homeless; a representative of an organization that

serves or advocates for persons with disabilities; a

representative of an organization that advocates for

immigrants; a representative of a municipal or county

government; and 3 at-large members. The appointed members

shall reflect the racial, gender, and geographic diversity of

the State and shall include representation from regions of the

State.

The following officials shall serve as ex-officio members:

the Secretary of Human Services or his or her designee; the

State Superintendent of Education or his or her designee; the

Director of Healthcare and Family Services or his or her

designee; the Director of Children and Family Services or his

or her designee; the Director of Aging or his or her designee;

the Director of Natural Resources or his or her designee; and

the Director of Agriculture or his or her designee. The

African-American Family Commission and , the Latino Family

Commission, and the Local Food, Farms, and Jobs Council shall

each designate a liaison to serve ex-officio on the

Commission.

Members shall serve without compensation and are

responsible for the cost of all reasonable and necessary

travel expenses connected to Commission business, as the State

of Illinois will not reimburse Commission members for these

costs.

Commission members shall be appointed within 60 days after

the effective date of this Act. The Commission shall hold

their initial meetings within 60 days after at least 50% of the

members have been appointed.

The representative of the Office of the Governor and a

representative of a food bank shall serve as co-chairs of the

Commission.

At the first meeting of the Commission, the members shall

select a 5-person Steering Committee that includes the

co-chairs.

The Commission may establish committees that address

specific issues or populations and may appoint individuals

with relevant expertise who are not appointed members of the

Commission to serve on committees as needed.

The Office of the Governor, or a designee of the

Governor's choosing, shall provide guidance to the Commission.

Under the leadership of the Office of the Governor, subject to

appropriation, the Department of Human Services shall also

provide leadership to support the Commission. The Department

of Human Services and the State of Illinois shall not incur any

costs as a result of the creation of the Commission to End

Hunger as the coordination of meetings, report preparation,

and other related duties will be completed by a representative

of a food bank that is serving as a co-chair of the Commission.

(Source: P.A. 96-1119, eff. 7-20-10; 97-419, eff. 8-16-11.)

Section 10. The State Finance Act is amended by changing

Section 12-2 as follows:

(30 ILCS 105/12-2) (from Ch. 127, par. 148-2)

Sec. 12-2. Travel Regulation Council; State travel

reimbursement.

(a) The chairmen of the travel control boards established

by Section 12-1, or their designees, shall together comprise

the Travel Regulation Council. The Travel Regulation Council

shall be chaired by the Director of Central Management

Services, who shall be a nonvoting member of the Council,

unless he is otherwise qualified to vote by virtue of being the

designee of a voting member. No later than March 1, 1986, and

at least biennially thereafter, the Council shall adopt State

Travel Regulations and Reimbursement Rates which shall be

applicable to all personnel subject to the jurisdiction of the

travel control boards established by Section 12-1. An

affirmative vote of a majority of the members of the Council

shall be required to adopt regulations and reimbursement

rates. If the Council fails to adopt regulations by March 1 of

any odd-numbered year, the Director of Central Management

Services shall adopt emergency regulations and reimbursement

rates pursuant to the Illinois Administrative Procedure Act.

As soon as practicable after the effective date of this

amendatory Act of the 102nd General Assembly, the Travel

Regulation Council and the Higher Education Travel Control

Board shall adopt amendments to their existing rules to ensure

that reimbursement rates for public institutions of higher

education, as defined in Section 1-13 of the Illinois

Procurement Code, are set in accordance with the requirements

of subsection (f) of this Section.

(b) Mileage for automobile travel shall be reimbursed at

the allowance rate in effect under regulations promulgated

pursuant to 5 U.S.C. 5707(b)(2). In the event the rate set

under federal regulations increases or decreases during the

course of the State's fiscal year, the effective date of the

new rate shall be the effective date of the change in the

federal rate.

(c) Rates for reimbursement of expenses other than mileage

shall not exceed the actual cost of travel as determined by the

United States Internal Revenue Service.

(d) Reimbursements to travelers shall be made pursuant to

the rates and regulations applicable to the respective State

agency as of the effective date of this amendatory Act, until

the State Travel Regulations and Reimbursement Rates

established by this Section are adopted and effective.

(e) Lodging in Cook County, Illinois and the District of

Columbia shall be reimbursed at the maximum lodging rate in

effect under regulations promulgated pursuant to 5 U.S.C.

5701-5709. For purposes of this subsection (e), the District

of Columbia shall include the cities and counties included in

the per diem locality of the District of Columbia, as defined

by the regulations in effect promulgated pursuant to 5 U.S.C.

5701-5709. Individual travel control boards may set a lodging

reimbursement rate more restrictive than the rate set forth in

the federal regulations.

(f) Notwithstanding any other law, travel reimbursement

rates for lodging and mileage for automobile travel, as well

as allowances for meals, shall be set for public institutions

of higher education at the maximum rates established by the

federal government for travel expenses, subsistence expenses,

and mileage allowances under 5 U.S.C. Subchapter I and

regulations promulgated thereunder. If a rate set under

federal regulations increases or decreases in the course of

the State's fiscal year, the effective date of the new rate

shall be the effective date of the change in the federal rate.

(Source: P.A. 96-240, eff. 1-1-10.)

Section 15. The Illinois Procurement Code is amended by

changing Sections 1-13, 1-15.93, 15-25, 20-20, 20-30, 25-90,

30-30, 33-5, 33-50, 50-35, and 55-25 as follows:

(30 ILCS 500/1-13)

Sec. 1-13. Applicability to public institutions of higher

education.

(a) This Code shall apply to public institutions of higher

education, regardless of the source of the funds with which

contracts are paid, except as provided in this Section.

(b) Except as provided in this Section, this Code shall

not apply to procurements made by or on behalf of public

institutions of higher education for any of the following:

(1) Memberships in professional, academic, research,

or athletic organizations on behalf of a public

institution of higher education, an employee of a public

institution of higher education, or a student at a public

institution of higher education.

(2) Procurement expenditures for events or activities

paid for exclusively by revenues generated by the event or

activity, gifts or donations for the event or activity,

private grants, or any combination thereof.

(3) Procurement expenditures for events or activities

for which the use of specific potential contractors is

mandated or identified by the sponsor of the event or

activity, provided that the sponsor is providing a

majority of the funding for the event or activity.

(4) Procurement expenditures necessary to provide

athletic, artistic or musical services, performances,

events, or productions by or for a public institution of

higher education.

(5) Procurement expenditures for periodicals, books,

subscriptions, database licenses, and other publications

procured for use by a university library or academic

department, except for expenditures related to procuring

textbooks for student use or materials for resale or

rental.

(6) Procurement expenditures for placement of students

in externships, practicums, field experiences, and for

medical residencies and rotations.

(7) Contracts for programming and broadcast license

rights for university-operated radio and television

stations.

(8) Procurement expenditures necessary to perform

sponsored research and other sponsored activities under

grants and contracts funded by the sponsor or by sources

other than State appropriations.

(9) Contracts with a foreign entity for research or

educational activities, provided that the foreign entity

either does not maintain an office in the United States or

is the sole source of the service or product.

(10) Procurement expenditures for any ongoing software

license or maintenance agreement or competitively

solicited software purchase, when the software, license,

or maintenance agreement is available through only the

software creator or its manufacturer and not a reseller.

(11) Procurement expenditures incurred outside of the

United States for the recruitment of international

students.

Notice of each contract with an annual value of more than

$100,000 entered into by a public institution of higher

education that is related to the procurement of goods and

services identified in items (1) through (11) (9) of this

subsection shall be published in the Procurement Bulletin

within 14 calendar days after contract execution. The Chief

Procurement Officer shall prescribe the form and content of

the notice. Each public institution of higher education shall

provide the Chief Procurement Officer, on a monthly basis, in

the form and content prescribed by the Chief Procurement

Officer, a report of contracts that are related to the

procurement of goods and services identified in this

subsection. At a minimum, this report shall include the name

of the contractor, a description of the supply or service

provided, the total amount of the contract, the term of the

contract, and the exception to the Code utilized. A copy of any

or all of these contracts shall be made available to the Chief

Procurement Officer immediately upon request. The Chief

Procurement Officer shall submit a report to the Governor and

General Assembly no later than November 1 of each year that

shall include, at a minimum, an annual summary of the monthly

information reported to the Chief Procurement Officer.

(b-5) Except as provided in this subsection, the

provisions of this Code shall not apply to contracts for

medical supplies or , and to contracts for medical services

necessary for the delivery of care and treatment at medical,

dental, or veterinary teaching facilities used utilized by

Southern Illinois University or the University of Illinois or

and at any university-operated health care center or

dispensary that provides care, treatment, and medications for

students, faculty, and staff. Furthermore, the provisions of

this Code do not apply to the procurement by such a facility of

any additional supplies or services that the operator of the

facility deems necessary for the effective use and functioning

of the medical supplies or services that are otherwise exempt

from this Code under this subsection (b-5). However, other

Other supplies and services needed for these teaching

facilities shall be subject to the jurisdiction of the Chief

Procurement Officer for Public Institutions of Higher

Education who may establish expedited procurement procedures

and may waive or modify certification, contract, hearing,

process and registration requirements required by the Code.

All procurements made under this subsection shall be

documented and may require publication in the Illinois

Procurement Bulletin.

(b-10) Procurements made by or on behalf of the University

of Illinois for investment services scheduled to expire June

2022 may be entered into or renewed extended through June 2024

without being subject to the requirements of this Code. Notice

of intent to renew a contract shall be published in the

Illinois Public Higher Education Procurement Bulletin at least

14 days prior to the execution of a renewal, and the University

of Illinois shall hold a public hearing for interested parties

to provide public comment. Any contract extended, renewed, or

entered pursuant to this exception shall be published in on

the Illinois Public Higher Education Procurement Bulletin

Executive Ethics Commission's website within 5 days of

contract execution. This subsection is inoperative on and

after July 1, 2024.

(c) Procurements made by or on behalf of public

institutions of higher education for the fulfillment of a

grant shall be made in accordance with the requirements of

this Code to the extent practical.

Upon the written request of a public institution of higher

education, the Chief Procurement Officer may waive contract,

registration, certification, and hearing requirements of this

Code if, based on the item to be procured or the terms of a

grant, compliance is impractical. The public institution of

higher education shall provide the Chief Procurement Officer

with specific reasons for the waiver, including the necessity

of contracting with a particular potential contractor, and

shall certify that an effort was made in good faith to comply

with the provisions of this Code. The Chief Procurement

Officer shall provide written justification for any waivers.

By November 1 of each year, the Chief Procurement Officer

shall file a report with the General Assembly identifying each

contract approved with waivers and providing the justification

given for any waivers for each of those contracts. Notice of

each waiver made under this subsection shall be published in

the Procurement Bulletin within 14 calendar days after

contract execution. The Chief Procurement Officer shall

prescribe the form and content of the notice.

(d) Notwithstanding this Section, a waiver of the

registration requirements of Section 20-160 does not permit a

business entity and any affiliated entities or affiliated

persons to make campaign contributions if otherwise prohibited

by Section 50-37. The total amount of contracts awarded in

accordance with this Section shall be included in determining

the aggregate amount of contracts or pending bids of a

business entity and any affiliated entities or affiliated

persons.

(e) Notwithstanding subsection (e) of Section 50-10.5 of

this Code, the Chief Procurement Officer, with the approval of

the Executive Ethics Commission, may permit a public

institution of higher education to accept a bid or enter into a

contract with a business that assisted the public institution

of higher education in determining whether there is a need for

a contract or assisted in reviewing, drafting, or preparing

documents related to a bid or contract, provided that the bid

or contract is essential to research administered by the

public institution of higher education and it is in the best

interest of the public institution of higher education to

accept the bid or contract. For purposes of this subsection,

"business" includes all individuals with whom a business is

affiliated, including, but not limited to, any officer, agent,

employee, consultant, independent contractor, director,

partner, manager, or shareholder of a business. The Executive

Ethics Commission may promulgate rules and regulations for the

implementation and administration of the provisions of this

subsection (e).

(f) As used in this Section:

"Grant" means non-appropriated funding provided by a

federal or private entity to support a project or program

administered by a public institution of higher education and

any non-appropriated funding provided to a sub-recipient of

the grant.

"Public institution of higher education" means Chicago

State University, Eastern Illinois University, Governors State

University, Illinois State University, Northeastern Illinois

University, Northern Illinois University, Southern Illinois

University, University of Illinois, Western Illinois

University, and, for purposes of this Code only, the Illinois

Mathematics and Science Academy.

(g) (Blank).

(h) The General Assembly finds and declares that:

(1) Public Act 98-1076, which took effect on January

1, 2015, changed the repeal date set for this Section from

December 31, 2014 to December 31, 2016.

(2) The Statute on Statutes sets forth general rules

on the repeal of statutes and the construction of multiple

amendments, but Section 1 of that Act also states that

these rules will not be observed when the result would be

"inconsistent with the manifest intent of the General

Assembly or repugnant to the context of the statute".

(3) This amendatory Act of the 100th General Assembly

manifests the intention of the General Assembly to remove

the repeal of this Section.

(4) This Section was originally enacted to protect,

promote, and preserve the general welfare. Any

construction of this Section that results in the repeal of

this Section on December 31, 2014 would be inconsistent

with the manifest intent of the General Assembly and

repugnant to the context of this Code.

It is hereby declared to have been the intent of the

General Assembly that this Section not be subject to repeal on

December 31, 2014.

This Section shall be deemed to have been in continuous

effect since December 20, 2011 (the effective date of Public

Act 97-643), and it shall continue to be in effect

henceforward until it is otherwise lawfully repealed. All

previously enacted amendments to this Section taking effect on

or after December 31, 2014, are hereby validated.

All actions taken in reliance on or pursuant to this

Section by any public institution of higher education, person,

or entity are hereby validated.

In order to ensure the continuing effectiveness of this

Section, it is set forth in full and re-enacted by this

amendatory Act of the 100th General Assembly. This

re-enactment is intended as a continuation of this Section. It

is not intended to supersede any amendment to this Section

that is enacted by the 100th General Assembly.

In this amendatory Act of the 100th General Assembly, the

base text of the reenacted Section is set forth as amended by

Public Act 98-1076. Striking and underscoring is used only to

show changes being made to the base text.

This Section applies to all procurements made on or before

the effective date of this amendatory Act of the 100th General

Assembly.

(Source: P.A. 101-640, eff. 6-12-20; 102-16, eff. 6-17-21;

102-721, eff. 5-6-22.)

(30 ILCS 500/1-15.93)

(Section scheduled to be repealed on January 1, 2024)

Sec. 1-15.93. Single prime. "Single prime" means the

design-bid-build procurement delivery method for a building

construction project in which the Capital Development Board or

a public institution of higher education, as defined in

Section 1-13 of this Code, is the construction agency

procuring 2 or more subdivisions of work enumerated in

paragraphs (1) through (5) of subsection (a) of Section 30-30

of this Code under a single contract. This Section is repealed

on January 1, 2026 2024.

(Source: P.A. 101-369, eff. 12-15-19; 101-645, eff. 6-26-20;

102-671, eff. 11-30-21.)

(30 ILCS 500/15-25)

Sec. 15-25. Bulletin content.

(a) Invitations for bids. Notice of each and every

contract that is offered, including renegotiated contracts and

change orders, shall be published in the Bulletin. The

applicable chief procurement officer may provide by rule an

organized format for the publication of this information, but

in any case it must include at least the date first offered,

the date submission of offers is due, the location that offers

are to be submitted to, the purchasing State agency, the

responsible State purchasing officer, a brief purchase

description, the method of source selection, information of

how to obtain a comprehensive purchase description and any

disclosure and contract forms, and encouragement to potential

contractors to hire qualified veterans, as defined by Section

45-67 of this Code, and qualified Illinois minorities, women,

persons with disabilities, and residents discharged from any

Illinois adult correctional center.

(a-5) All businesses listed on the Illinois Unified

Certification Program Disadvantaged Business Enterprise

Directory, the Business Enterprise Program of the Department

of Central Management Services, and any small business

database created pursuant to Section 45-45 of this Code shall

be furnished written instructions and information on how to

register for the Illinois Procurement Bulletin. This

information shall be provided to each business within 30

calendar days after the business's notice of certification or

qualification.

(b) Contracts let. Notice of each and every contract that

is let, including renegotiated contracts and change orders,

shall be issued electronically to those bidders submitting

responses to the solicitations, inclusive of the unsuccessful

bidders, immediately upon contract let. Failure of any chief

procurement officer to give such notice shall result in

tolling the time for filing a bid protest up to 7 calendar

days.

For purposes of this subsection (b), "contracts let" means

a construction agency's act of advertising an invitation for

bids for one or more construction projects.

(b-5) Contracts awarded. Notice of each and every contract

that is awarded, including renegotiated contracts and change

orders, shall be issued electronically to the successful

responsible bidder, offeror, or contractor and published in

the Bulletin. The applicable chief procurement officer may

provide by rule an organized format for the publication of

this information, but in any case it must include at least all

of the information specified in subsection (a) as well as the

name of the successful responsible bidder, offeror, the

contract price, the number of unsuccessful bidders or offerors

and any other disclosure specified in any Section of this

Code. This notice must be posted in the online electronic

Bulletin prior to execution of the contract.

For purposes of this subsection (b-5), "contract award"

means the determination that a particular bidder or offeror

has been selected from among other bidders or offerors to

receive a contract, subject to the successful completion of

final negotiations. "Contract award" is evidenced by the

posting of a Notice of Award or a Notice of Intent to Award to

the respective volume of the Illinois Procurement Bulletin.

(c) Emergency purchase disclosure. Any chief procurement

officer or State purchasing officer exercising emergency

purchase authority under this Code shall publish a written

description and reasons and the total cost, if known, or an

estimate if unknown and the name of the responsible chief

procurement officer and State purchasing officer, and the

business or person contracted with for all emergency purchases

in the Bulletin. The notice for an emergency procurement other

than the extension of an emergency contract This notice must

be posted in the online electronic Bulletin no later than 5

calendar days after the contract is awarded, and notice for

the extension of an emergency contract must be posted in the

online electronic Bulletin no later than 7 calendar days after

the extension is executed. Notice of a hearing to extend an

emergency contract must be posted in the online electronic

Procurement Bulletin no later than 14 calendar days prior to

the hearing.

(c-5) Business Enterprise Program report. Each purchasing

agency shall, with the assistance of the applicable chief

procurement officer, post in the online electronic Bulletin a

copy of its annual report of utilization of businesses owned

by minorities, women, and persons with disabilities as

submitted to the Business Enterprise Council for Minorities,

Women, and Persons with Disabilities pursuant to Section 6(c)

of the Business Enterprise for Minorities, Women, and Persons

with Disabilities Act within 10 calendar days after its

submission of its report to the Council.

(c-10) Renewals. Notice of each contract renewal shall be

posted in the Bulletin within 14 calendar days of the

determination to execute a renewal of the contract. The notice

shall include at least all of the information required in

subsection (a) or (b), as applicable.

(c-15) Sole source procurements. Before entering into a

sole source contract, a chief procurement officer exercising

sole source procurement authority under this Code shall

publish a written description of intent to enter into a sole

source contract along with a description of the item to be

procured and the intended sole source contractor. This notice

must be posted in the online electronic Procurement Bulletin

before a sole source contract is awarded and at least 14

calendar days before the hearing required by Section 20-25.

(d) Other required disclosure. The applicable chief

procurement officer shall provide by rule for the organized

publication of all other disclosure required in other Sections

of this Code in a timely manner.

(e) The changes to subsections (b), (c), (c-5), (c-10),

and (c-15) of this Section made by Public Act 96-795 apply to

reports submitted, offers made, and notices on contracts

executed on or after July 1, 2010 (the effective date of Public

Act 96-795). The changes made to subsection (c) by this

amendatory Act of the 102nd General Assembly apply only to

emergency contract extensions executed on or after the

effective date of this amendatory Act of the 102nd General

Assembly.

(f) Each chief procurement officer shall, in consultation

with the agencies under his or her jurisdiction, provide the

Procurement Policy Board with the information and resources

necessary, and in a manner, to effectuate the purpose of

Public Act 96-1444.

(Source: P.A. 100-43, eff. 8-9-17; 100-391, eff. 8-25-17;

100-863, eff. 8-14-18.)

(30 ILCS 500/20-20)

(Text of Section before amendment by P.A. 102-721)

Sec. 20-20. Small purchases.

(a) Amount. Any individual procurement of supplies or

services not exceeding $100,000 and any procurement of

construction not exceeding $100,000, or any individual

procurement of professional or artistic services not exceeding

$100,000 may be made without competitive source selection.

Procurements shall not be artificially divided so as to

constitute a small purchase under this Section. Any

procurement of construction not exceeding $100,000 may be made

by an alternative competitive source selection. The

construction agency shall establish rules for an alternative

competitive source selection process. This Section does not

apply to construction-related professional services contracts

awarded in accordance with the provisions of the

Architectural, Engineering, and Land Surveying Qualifications

Based Selection Act.

(b) Adjustment. Each July 1, the small purchase maximum

established in subsection (a) shall be adjusted for inflation

as determined by the Consumer Price Index for All Urban

Consumers as determined by the United States Department of

Labor and rounded to the nearest $100.

(c) Based upon rules proposed by the Board and rules

promulgated by the chief procurement officers, the small

purchase maximum established in subsection (a) may be

modified.

(Source: P.A. 100-43, eff. 8-9-17.)

(Text of Section after amendment by P.A. 102-721)

Sec. 20-20. Small purchases.

(a) Amount. Any individual procurement of supplies or

services not exceeding $100,000 and any procurement of

construction not exceeding $250,000 $100,000, or any

individual procurement of professional or artistic services

not exceeding $100,000 may be made without competitive source

selection. Procurements shall not be artificially divided so

as to constitute a small purchase under this Section. Any

procurement of construction not exceeding $250,000 $100,000

may be made by an alternative competitive source selection.

The construction agency shall establish rules for an

alternative competitive source selection process. This Section

does not apply to construction-related professional services

contracts awarded in accordance with the provisions of the

Architectural, Engineering, and Land Surveying Qualifications

Based Selection Act.

(b) Adjustment. Each July 1, the small purchase maximum

established in subsection (a) shall be adjusted for inflation

as determined by the Consumer Price Index for All Urban

Consumers as determined by the United States Department of

Labor and rounded to the nearest $100.

(c) Based upon rules proposed by the Board and rules

promulgated by the chief procurement officers, the small

purchase maximum established in subsection (a) may be

modified.

(d) Certification. All small purchases with an annual

value that exceeds $50,000 shall be accompanied by Standard

Illinois Certifications in a form prescribed by each Chief

Procurement Officer.

(Source: P.A. 102-721, eff. 1-1-23.)

(30 ILCS 500/20-30)

Sec. 20-30. Emergency purchases.

(a) Conditions for use. In accordance with standards set

by rule, a purchasing agency may make emergency procurements

without competitive sealed bidding or prior notice when there

exists a threat to public health or public safety, or when

immediate expenditure is necessary for repairs to State

property in order to protect against further loss of or damage

to State property, to prevent or minimize serious disruption

in critical State services that affect health, safety, or

collection of substantial State revenues, or to ensure the

integrity of State records; provided, however, that the term

of the emergency purchase shall be limited to the time

reasonably needed for a competitive procurement, not to exceed

90 calendar days. A contract may be extended beyond 90

calendar days with the approval of if the chief procurement

officer determines additional time is necessary and that the

contract scope and duration are limited to the emergency.

Prior to execution of the extension, the chief procurement

officer shall receive must hold a public hearing and provide

written justification for the extension all emergency

contracts. The duration of the extension shall be limited to

the scope of the emergency. Members of the public may present

testimony. Emergency procurements shall be made with as much

competition as is practicable under the circumstances, and

agencies shall use utilize best efforts to include contractors

certified under the Business Enterprise Program in the

agencies' its emergency procurement process. A written

description of the basis for the emergency and reasons for the

selection of the particular contractor shall be included in

the contract file.

(b) Notice. Notice of all emergency procurements shall be

provided to the Procurement Policy Board and the Commission on

Equity and Inclusion and published in the online electronic

Bulletin no later than 5 calendar days after the contract is

awarded. Notice of the extension of intent to extend an

emergency contract shall be provided to the Procurement Policy

Board and the Commission on Equity and Inclusion and published

in the online electronic Bulletin no later than 7 calendar

days after the extension is executed at least 14 calendar days

before the public hearing. Notice shall include at least a

description of the need for the emergency purchase and , the

contractor, and if applicable, the date, time, and location of

the public hearing. A copy of this notice and all documents

provided at the hearing shall be included in the subsequent

Procurement Bulletin. Before the next appropriate volume of

the Illinois Procurement Bulletin, the purchasing agency shall

publish in the Illinois Procurement Bulletin a copy of each

written description and reasons and the total cost of each

emergency procurement made during the previous month. When

only an estimate of the total cost is known at the time of

publication, the estimate shall be identified as an estimate

and published. When the actual total cost is determined, it

shall also be published in like manner before the 10th day of

the next succeeding month.

(c) Statements. A chief procurement officer making a

procurement under this Section shall file statements with the

Procurement Policy Board, the Commission on Equity and

Inclusion, and the Auditor General within 10 calendar days

after the procurement setting forth the amount expended, the

name of the contractor involved, and the conditions and

circumstances requiring the emergency procurement. When only

an estimate of the cost is available within 10 calendar days

after the procurement, the actual cost shall be reported

immediately after it is determined. At the end of each fiscal

quarter, the Auditor General shall file with the Legislative

Audit Commission and the Governor a complete listing of all

emergency procurements reported during that fiscal quarter.

The Legislative Audit Commission shall review the emergency

procurements so reported and, in its annual reports, advise

the General Assembly of procurements that appear to constitute

an abuse of this Section.

(d) Quick purchases. The chief procurement officer may

promulgate rules extending the circumstances by which a

purchasing agency may make purchases under this Section,

including but not limited to the procurement of items

available at a discount for a limited period of time.

(d-5) The chief procurement officer shall adopt rules

regarding the use of contractors certified in the Business

Enterprise Program in emergency and quick purchase

procurements.

(e) The changes to this Section made by this amendatory

Act of the 102nd 96th General Assembly apply to procurements

executed on or after its effective date.

(Source: P.A. 101-657, eff. 1-1-22; 102-29, eff. 6-25-21.)

(30 ILCS 500/25-90)

(This Section may contain text from a Public Act with a

delayed effective date)

Sec. 25-90. Prohibited and authorized cybersecurity

Cybersecurity prohibited products. State agencies are

prohibited from purchasing any products that, due to

cybersecurity risks, are prohibited for purchase by federal

agencies pursuant to a United States Department of Homeland

Security Binding Operational Directive. However, a State

agency or public institution of higher education may purchase

those offerings that are included in the Authorized Product

List maintained by StateRAMP and that have been verified by

StateRAMP as having an authorized security status.

(Source: P.A. 102-753, eff. 1-1-23.)

(30 ILCS 500/30-30)

Sec. 30-30. Design-bid-build construction.

(a) The provisions of this subsection are operative

through December 31, 2025 2023.

Except as provided in subsection (a-5), for For building

construction contracts in excess of $250,000, separate

specifications may be prepared for all equipment, labor, and

materials in connection with the following 5 subdivisions of

the work to be performed:

(1) plumbing;

(2) heating, piping, refrigeration, and automatic

temperature control systems, including the testing and

balancing of those systems;

(3) ventilating and distribution systems for

conditioned air, including the testing and balancing of

those systems;

(4) electric wiring; and

(5) general contract work.

Except as provided in subsection (a-5), the The

specifications may be so drawn as to permit separate and

independent bidding upon each of the 5 subdivisions of work.

All contracts awarded for any part thereof may award the 5

subdivisions of work separately to responsible and reliable

persons, firms, or corporations engaged in these classes of

work. The contracts, at the discretion of the construction

agency, may be assigned to the successful bidder on the

general contract work or to the successful bidder on the

subdivision of work designated by the construction agency

before the bidding as the prime subdivision of work, provided

that all payments will be made directly to the contractors for

the 5 subdivisions of work upon compliance with the conditions

of the contract.

Beginning on the effective date of this amendatory Act of

the 101st General Assembly and through December 31, 2025 2023,

for single prime projects: (i) the bid of the successful low

bidder shall identify the name of the subcontractor, if any,

and the bid proposal costs for each of the 5 subdivisions of

work set forth in this Section; (ii) the contract entered into

with the successful bidder shall provide that no identified

subcontractor may be terminated without the written consent of

the Capital Development Board; (iii) the contract shall comply

with the disadvantaged business practices of the Business

Enterprise for Minorities, Women, and Persons with

Disabilities Act and the equal employment practices of Section

2-105 of the Illinois Human Rights Act; and (iv) the Capital

Development Board shall submit an annual report to the General

Assembly and Governor on the bidding, award, and performance

of all single prime projects.

For building construction projects with a total

construction cost valued at $5,000,000 or less, the Capital

Development Board shall not use the single prime procurement

delivery method for more than 50% of the total number of

projects bid for each fiscal year. Any project with a total

construction cost valued greater than $5,000,000 may be bid

using single prime at the discretion of the Executive Director

of the Capital Development Board.

(a-5) Beginning on the effective date of this amendatory

Act of the 102nd General Assembly and through December 31,

2025, for single prime projects in which a public institution

of higher education is a construction agency awarding building

construction contracts in excess of $250,000, separate

specifications may be prepared for all equipment, labor, and

materials in connection with the 5 subdivisions of work

enumerated in subsection (a). Any public institution of higher

education contract awarded for any part thereof may award 2 or

more of the 5 subdivisions of work together or separately to

responsible and reliable persons, firms, or corporations

engaged in these classes of work if: (i) the public

institution of higher education has submitted to the

Procurement Policy Board and the Commission on Equity and

Inclusion a written notice that includes the reasons for using

the single prime method and an explanation of why the use of

that method is in the best interest of the State and arranges

to have the notice posted on the institution's online

procurement webpage and its online procurement bulletin at

least 3 business days following submission to the Procurement

Policy Board and the Commission on Equity and Inclusion; (ii)

the successful low bidder has prequalified with the public

institution of higher education; (iii) the bid of the

successful low bidder identifies the name of the

subcontractor, if any, and the bid proposal costs for each of

the 5 subdivisions of work set forth in subsection (a); (iv)

the contract entered into with the successful bidder provides

that no identified subcontractor may be terminated without the

written consent of the public institution of higher education;

and (v) the successful low bidder has prequalified with the

University of Illinois or with the Capital Development Board.

For building construction projects with a total

construction cost valued at $20,000,000 or less, public

institutions of higher education shall not use the single

prime delivery method for more than 50% of the total number of

projects bid for each fiscal year. Projects with a total

construction cost valued at $20,000,000 or more may be bid

using the single prime delivery method at the discretion of

the public institution of higher education. With respect to

any construction project described in this subsection (a-5),

the public institution of higher education shall: (i) specify

in writing as a public record that the project shall comply

with the Business Enterprise for Minorities, Women, and

Persons with Disabilities Act and the equal employment

practices of Section 2-105 of the Illinois Human Rights Act;

and (ii) report annually to the Governor, General Assembly,

Procurement Policy Board, and Auditor General on the bidding,

award, and performance of all single prime projects. On and

after the effective date of this amendatory Act of the 102nd

General Assembly, the public institution of higher education

may award in each fiscal year single prime contracts with an

aggregate total value of no more than $100,000,000. The Board

of Trustees of the University of Illinois may award in each

fiscal year single prime contracts with an aggregate total

value of not more than $300,000,000.

(b) The provisions of this subsection are operative on and

after January 1, 2026 2024. For building construction

contracts in excess of $250,000, separate specifications shall

be prepared for all equipment, labor, and materials in

connection with the following 5 subdivisions of the work to be

performed:

(1) plumbing;

(2) heating, piping, refrigeration, and automatic

temperature control systems, including the testing and

balancing of those systems;

(3) ventilating and distribution systems for

conditioned air, including the testing and balancing of

those systems;

(4) electric wiring; and

(5) general contract work.

The specifications must be so drawn as to permit separate

and independent bidding upon each of the 5 subdivisions of

work. All contracts awarded for any part thereof shall award

the 5 subdivisions of work separately to responsible and

reliable persons, firms, or corporations engaged in these

classes of work. The contracts, at the discretion of the

construction agency, may be assigned to the successful bidder

on the general contract work or to the successful bidder on the

subdivision of work designated by the construction agency

before the bidding as the prime subdivision of work, provided

that all payments will be made directly to the contractors for

the 5 subdivisions of work upon compliance with the conditions

of the contract.

(Source: P.A. 101-369, eff. 12-15-19; 101-645, eff. 6-26-20;

102-671, eff. 11-30-21.)

(30 ILCS 500/33-5)

Sec. 33-5. Definitions. In this Article:

"Construction management services" includes:

(1) services provided in the planning and

pre-construction phases of a construction project

including, but not limited to, consulting with, advising,

assisting, and making recommendations to the Capital

Development Board and architect, engineer, or licensed

land surveyor on all aspects of planning for project

construction; reviewing all plans and specifications as

they are being developed and making recommendations with

respect to construction feasibility, availability of

material and labor, time requirements for procurement and

construction, and projected costs; making, reviewing, and

refining budget estimates based on the Board's program and

other available information; making recommendations to the

Board and the architect or engineer regarding the division

of work in the plans and specifications to facilitate the

bidding and awarding of contracts; soliciting the interest

of capable contractors and taking bids on the project;

analyzing the bids received; and preparing and maintaining

a progress schedule during the design phase of the project

and preparation of a proposed construction schedule; and

(2) services provided in the construction phase of the

project including, but not limited to, maintaining

competent supervisory staff to coordinate and provide

general direction of the work and progress of the

contractors on the project; directing the work as it is

being performed for general conformance with working

drawings and specifications; establishing procedures for

coordinating among the Board, architect or engineer,

contractors, and construction manager with respect to all

aspects of the project and implementing those procedures;

maintaining job site records and making appropriate

progress reports; implementing labor policy in conformance

with the requirements of the public owner; reviewing the

safety and equal opportunity programs of each contractor

for conformance with the public owner's policy and making

recommendations; reviewing and processing all applications

for payment by involved contractors and material suppliers

in accordance with the terms of the contract; making

recommendations and processing requests for changes in the

work and maintaining records of change orders; scheduling

and conducting job meetings to ensure orderly progress of

the work; developing and monitoring a project progress

schedule, coordinating and expediting the work of all

contractors and providing periodic status reports to the

owner and the architect or engineer; and establishing and

maintaining a cost control system and conducting meetings

to review costs.

"Construction manager" means any individual, sole

proprietorship, firm, partnership, corporation, or other legal

entity providing construction management services for the

Board and prequalified by the State in accordance with 30 ILCS

500/33-10.

"Board" means the Capital Development Board or, to the

extent that the services are to be procured for a public

institution of higher education, the public institution of

higher education.

(Source: P.A. 94-532, eff. 8-10-05.)

(30 ILCS 500/33-50)

Sec. 33-50. Duties of construction manager; additional

requirements for persons performing construction work.

(a) Upon the award of a construction management services

contract, a construction manager must contract with the Board

to furnish his or her skill and judgment in cooperation with,

and reliance upon, the services of the project architect or

engineer. The construction manager must furnish business

administration, management of the construction process, and

other specified services to the Board and must perform his or

her obligations in an expeditious and economical manner

consistent with the interest of the Board. If it is in the

State's best interest, the construction manager may provide or

perform basic services for which reimbursement is provided in

the general conditions to the construction management services

contract.

(b) The actual construction work on the project must be

awarded to contractors under this Code. The Capital

Development Board may further separate additional divisions of

work under this Article. This subsection is subject to the

applicable provisions of the following Acts:

(1) the Prevailing Wage Act;

(2) the Public Construction Bond Act;

(3) the Public Works Employment Discrimination Act;

(4) the Public Works Preference Act (repealed on June

16, 2010 by Public Act 96-929);

(5) the Employment of Illinois Workers on Public Works

Act;

(6) the Public Contract Fraud Act;

(7) (blank); and

(8) the Illinois Architecture Practice Act of 1989,

the Professional Engineering Practice Act of 1989, the

Illinois Professional Land Surveyor Act of 1989, and the

Structural Engineering Practice Act of 1989.

(Source: P.A. 101-149, eff. 7-26-19.)

(30 ILCS 500/50-35)

(Text of Section before amendment by P.A. 102-721)

Sec. 50-35. Financial disclosure and potential conflicts

of interest.

(a) All bids and offers from responsive bidders, offerors,

vendors, or contractors with an annual value of more than

$50,000, and all submissions to a vendor portal, shall be

accompanied by disclosure of the financial interests of the

bidder, offeror, potential contractor, or contractor and each

subcontractor to be used. In addition, all subcontracts

identified as provided by Section 20-120 of this Code with an

annual value of more than $50,000 shall be accompanied by

disclosure of the financial interests of each subcontractor.

The financial disclosure of each successful bidder, offeror,

potential contractor, or contractor and its subcontractors

shall be incorporated as a material term of the contract and

shall become part of the publicly available contract or

procurement file maintained by the appropriate chief

procurement officer. Each disclosure under this Section shall

be signed and made under penalty of perjury by an authorized

officer or employee on behalf of the bidder, offeror,

potential contractor, contractor, or subcontractor, and must

be filed with the Procurement Policy Board and the Commission

on Equity and Inclusion.

(b) Disclosure shall include any ownership or distributive

income share that is in excess of 5%, or an amount greater than

60% of the annual salary of the Governor, of the disclosing

entity or its parent entity, whichever is less, unless the

bidder, offeror, potential contractor, contractor, or

subcontractor (i) is a publicly traded entity subject to

Federal 10K reporting, in which case it may submit its 10K

disclosure in place of the prescribed disclosure, or (ii) is a

privately held entity that is exempt from Federal 10k

reporting but has more than 100 shareholders, in which case it

may submit the information that Federal 10k reporting

companies are required to report under 17 CFR 229.401 and list

the names of any person or entity holding any ownership share

that is in excess of 5% in place of the prescribed disclosure.

The form of disclosure shall be prescribed by the applicable

chief procurement officer and must include at least the names,

addresses, and dollar or proportionate share of ownership of

each person identified in this Section, their instrument of

ownership or beneficial relationship, and notice of any

potential conflict of interest resulting from the current

ownership or beneficial relationship of each individual

identified in this Section having in addition any of the

following relationships:

(1) State employment, currently or in the previous 3

years, including contractual employment of services.

(2) State employment of spouse, father, mother, son,

or daughter, including contractual employment for services

in the previous 2 years.

(3) Elective status; the holding of elective office of

the State of Illinois, the government of the United

States, any unit of local government authorized by the

Constitution of the State of Illinois or the statutes of

the State of Illinois currently or in the previous 3

years.

(4) Relationship to anyone holding elective office

currently or in the previous 2 years; spouse, father,

mother, son, or daughter.

(5) Appointive office; the holding of any appointive

government office of the State of Illinois, the United

States of America, or any unit of local government

authorized by the Constitution of the State of Illinois or

the statutes of the State of Illinois, which office

entitles the holder to compensation in excess of expenses

incurred in the discharge of that office currently or in

the previous 3 years.

(6) Relationship to anyone holding appointive office

currently or in the previous 2 years; spouse, father,

mother, son, or daughter.

(7) Employment, currently or in the previous 3 years,

as or by any registered lobbyist of the State government.

(8) Relationship to anyone who is or was a registered

lobbyist in the previous 2 years; spouse, father, mother,

son, or daughter.

(9) Compensated employment, currently or in the

previous 3 years, by any registered election or

re-election committee registered with the Secretary of

State or any county clerk in the State of Illinois, or any

political action committee registered with either the

Secretary of State or the Federal Board of Elections.

(10) Relationship to anyone; spouse, father, mother,

son, or daughter; who is or was a compensated employee in

the last 2 years of any registered election or re-election

committee registered with the Secretary of State or any

county clerk in the State of Illinois, or any political

action committee registered with either the Secretary of

State or the Federal Board of Elections.

(b-1) The disclosure required under this Section must also

include the name and address of each lobbyist required to

register under the Lobbyist Registration Act and other agent

of the bidder, offeror, potential contractor, contractor, or

subcontractor who is not identified under subsections (a) and

(b) and who has communicated, is communicating, or may

communicate with any State officer or employee concerning the

bid or offer. The disclosure under this subsection is a

continuing obligation and must be promptly supplemented for

accuracy throughout the process and throughout the term of the

contract if the bid or offer is successful.

(b-2) The disclosure required under this Section must also

include, for each of the persons identified in subsection (b)

or (b-1), each of the following that occurred within the

previous 10 years: suspension or debarment from contracting

with any governmental entity; professional licensure

discipline; bankruptcies; adverse civil judgments and

administrative findings; and criminal felony convictions. The

disclosure under this subsection is a continuing obligation

and must be promptly supplemented for accuracy throughout the

process and throughout the term of the contract if the bid or

offer is successful.

(c) The disclosure in subsection (b) is not intended to

prohibit or prevent any contract. The disclosure is meant to

fully and publicly disclose any potential conflict to the

chief procurement officers, State purchasing officers, their

designees, and executive officers so they may adequately

discharge their duty to protect the State.

(d) When a potential for a conflict of interest is

identified, discovered, or reasonably suspected, the chief

procurement officer or State procurement officer shall send

the contract to the Procurement Policy Board and the

Commission on Equity and Inclusion. In accordance with the

objectives of subsection (c), if the Procurement Policy Board

or the Commission on Equity and Inclusion finds evidence of a

potential conflict of interest not originally disclosed by the

bidder, offeror, potential contractor, contractor, or

subcontractor, the Board or the Commission on Equity and

Inclusion shall provide written notice to the bidder, offeror,

potential contractor, contractor, or subcontractor that is

identified, discovered, or reasonably suspected of having a

potential conflict of interest. The bidder, offeror, potential

contractor, contractor, or subcontractor shall have 15

calendar days to respond in writing to the Board or the

Commission on Equity and Inclusion, and a hearing before the

Board or the Commission on Equity and Inclusion will be

granted upon request by the bidder, offeror, potential

contractor, contractor, or subcontractor, at a date and time

to be determined by the Board or the Commission on Equity and

Inclusion, but which in no event shall occur later than 15

calendar days after the date of the request. Upon

consideration, the Board or the Commission on Equity and

Inclusion shall recommend, in writing, whether to allow or

void the contract, bid, offer, or subcontract weighing the

best interest of the State of Illinois. All recommendations

shall be submitted to the Executive Ethics Commission. The

Executive Ethics Commission must hold a public hearing within

30 calendar days after receiving the Board's or the Commission

on Equity and Inclusion's recommendation if the Procurement

Policy Board or the Commission on Equity and Inclusion makes a

recommendation to (i) void a contract or (ii) void a bid or

offer and the chief procurement officer selected or intends to

award the contract to the bidder, offeror, or potential

contractor. A chief procurement officer is prohibited from

awarding a contract before a hearing if the Board or the

Commission on Equity and Inclusion recommendation does not

support a bid or offer. The recommendation and proceedings of

any hearing, if applicable, shall be available to the public.

(e) These thresholds and disclosure do not relieve the

chief procurement officer, the State purchasing officer, or

their designees from reasonable care and diligence for any

contract, bid, offer, or submission to a vendor portal. The

chief procurement officer, the State purchasing officer, or

their designees shall be responsible for using any reasonably

known and publicly available information to discover any

undisclosed potential conflict of interest and act to protect

the best interest of the State of Illinois.

(f) Inadvertent or accidental failure to fully disclose

shall render the contract, bid, offer, proposal, subcontract,

or relationship voidable by the chief procurement officer if

he or she deems it in the best interest of the State of

Illinois and, at his or her discretion, may be cause for

barring from future contracts, bids, offers, proposals,

subcontracts, or relationships with the State for a period of

up to 2 years.

(g) Intentional, willful, or material failure to disclose

shall render the contract, bid, offer, proposal, subcontract,

or relationship voidable by the chief procurement officer if

he or she deems it in the best interest of the State of

Illinois and shall result in debarment from future contracts,

bids, offers, proposals, subcontracts, or relationships for a

period of not less than 2 years and not more than 10 years.

Reinstatement after 2 years and before 10 years must be

reviewed and commented on in writing by the Governor of the

State of Illinois, or by an executive ethics board or

commission he or she might designate. The comment shall be

returned to the responsible chief procurement officer who must

rule in writing whether and when to reinstate.

(h) In addition, all disclosures shall note any other

current or pending contracts, bids, offers, proposals,

subcontracts, leases, or other ongoing procurement

relationships the bidder, offeror, potential contractor,

contractor, or subcontractor has with any other unit of State

government and shall clearly identify the unit and the

contract, offer, proposal, lease, or other relationship.

(i) The bidder, offeror, potential contractor, or

contractor has a continuing obligation to supplement the

disclosure required by this Section throughout the bidding

process during the term of any contract, and during the vendor

portal registration process.

(Source: P.A. 101-657, eff. 1-1-22.)

(Text of Section after amendment by P.A. 102-721)

Sec. 50-35. Financial disclosure and potential conflicts

of interest.

(a) All bids and offers from responsive bidders, offerors,

vendors, or contractors with an annual value that exceeds the

small purchase threshold established under subsection (a) of

Section 20-20 of this Code, and all submissions to a vendor

portal, shall be accompanied by disclosure of the financial

interests of the bidder, offeror, potential contractor, or

contractor and each subcontractor to be used. In addition, all

subcontracts identified as provided by Section 20-120 of this

Code with an annual value that exceeds the small purchase

threshold established under subsection (a) of Section 20-20 of

this Code shall be accompanied by disclosure of the financial

interests of each subcontractor. The financial disclosure of

each successful bidder, offeror, potential contractor, or

contractor and its subcontractors shall be incorporated as a

material term of the contract and shall become part of the

publicly available contract or procurement file maintained by

the appropriate chief procurement officer. Each disclosure

under this Section shall be signed and made under penalty of

perjury by an authorized officer or employee on behalf of the

bidder, offeror, potential contractor, contractor, or

subcontractor, and must be filed with the Procurement Policy

Board and the Commission on Equity and Inclusion.

(b) Disclosure shall include any ownership or distributive

income share that is in excess of 5%, or an amount greater than

60% of the annual salary of the Governor, of the disclosing

entity or its parent entity, whichever is less, unless the

bidder, offeror, potential contractor, contractor, or

subcontractor (i) is a publicly traded entity subject to

Federal 10K reporting, in which case it may submit its 10K

disclosure in place of the prescribed disclosure, or (ii) is a

privately held entity that is exempt from Federal 10k

reporting but has more than 100 shareholders, in which case it

may submit the information that Federal 10k reporting

companies are required to report under 17 CFR 229.401 and list

the names of any person or entity holding any ownership share

that is in excess of 5% in place of the prescribed disclosure.

The form of disclosure shall be prescribed by the applicable

chief procurement officer and must include at least the names,

addresses, and dollar or proportionate share of ownership of

each person identified in this Section, their instrument of

ownership or beneficial relationship, and notice of any

potential conflict of interest resulting from the current

ownership or beneficial relationship of each individual

identified in this Section having in addition any of the

following relationships:

(1) State employment, currently or in the previous 3

years, including contractual employment of services.

(2) State employment of spouse, father, mother, son,

or daughter, including contractual employment for services

in the previous 2 years.

(3) Elective status; the holding of elective office of

the State of Illinois, the government of the United

States, any unit of local government authorized by the

Constitution of the State of Illinois or the statutes of

the State of Illinois currently or in the previous 3

years.

(4) Relationship to anyone holding elective office

currently or in the previous 2 years; spouse, father,

mother, son, or daughter.

(5) Appointive office; the holding of any appointive

government office of the State of Illinois, the United

States of America, or any unit of local government

authorized by the Constitution of the State of Illinois or

the statutes of the State of Illinois, which office

entitles the holder to compensation in excess of expenses

incurred in the discharge of that office currently or in

the previous 3 years.

(6) Relationship to anyone holding appointive office

currently or in the previous 2 years; spouse, father,

mother, son, or daughter.

(7) Employment, currently or in the previous 3 years,

as or by any registered lobbyist of the State government.

(8) Relationship to anyone who is or was a registered

lobbyist in the previous 2 years; spouse, father, mother,

son, or daughter.

(9) Compensated employment, currently or in the

previous 3 years, by any registered election or

re-election committee registered with the Secretary of

State or any county clerk in the State of Illinois, or any

political action committee registered with either the

Secretary of State or the Federal Board of Elections.

(10) Relationship to anyone; spouse, father, mother,

son, or daughter; who is or was a compensated employee in

the last 2 years of any registered election or re-election

committee registered with the Secretary of State or any

county clerk in the State of Illinois, or any political

action committee registered with either the Secretary of

State or the Federal Board of Elections.

(b-1) The disclosure required under this Section must also

include the name and address of each lobbyist required to

register under the Lobbyist Registration Act and other agent

of the bidder, offeror, potential contractor, contractor, or

subcontractor who is not identified under subsections (a) and

(b) and who has communicated, is communicating, or may

communicate with any State officer or employee concerning the

bid or offer. The disclosure under this subsection is a

continuing obligation and must be promptly supplemented for

accuracy throughout the process and throughout the term of the

contract if the bid or offer is successful.

(b-2) The disclosure required under this Section must also

include, for each of the persons identified in subsection (b)

or (b-1), each of the following that occurred within the

previous 10 years: suspension or debarment from contracting

with any governmental entity; professional licensure

discipline; bankruptcies; adverse civil judgments and

administrative findings; and criminal felony convictions. The

disclosure under this subsection is a continuing obligation

and must be promptly supplemented for accuracy throughout the

process and throughout the term of the contract if the bid or

offer is successful.

(c) The disclosure in subsection (b) is not intended to

prohibit or prevent any contract. The disclosure is meant to

fully and publicly disclose any potential conflict to the

chief procurement officers, State purchasing officers, their

designees, and executive officers so they may adequately

discharge their duty to protect the State.

(d) When a potential for a conflict of interest is

identified, discovered, or reasonably suspected, the chief

procurement officer or State procurement officer shall send

the contract to the Procurement Policy Board and the

Commission on Equity and Inclusion. In accordance with the

objectives of subsection (c), if the Procurement Policy Board

or the Commission on Equity and Inclusion finds evidence of a

potential conflict of interest not originally disclosed by the

bidder, offeror, potential contractor, contractor, or

subcontractor, the Board or the Commission on Equity and

Inclusion shall provide written notice to the bidder, offeror,

potential contractor, contractor, or subcontractor that is

identified, discovered, or reasonably suspected of having a

potential conflict of interest. The bidder, offeror, potential

contractor, contractor, or subcontractor shall have 15

calendar days to respond in writing to the Board or the

Commission on Equity and Inclusion, and a hearing before the

Board or the Commission on Equity and Inclusion will be

granted upon request by the bidder, offeror, potential

contractor, contractor, or subcontractor, at a date and time

to be determined by the Board or the Commission on Equity and

Inclusion, but which in no event shall occur later than 15

calendar days after the date of the request. Upon

consideration, the Board or the Commission on Equity and

Inclusion shall recommend, in writing, whether to allow or

void the contract, bid, offer, or subcontract weighing the

best interest of the State of Illinois. All recommendations

shall be submitted to the Executive Ethics Commission. Those

recommendations made concerning conflicts identified in the

course of a procurement for a public institution of higher

education are, for procurements having a cumulative value

under $5,000, valid and enforceable, for one calendar year

after the initial recommendation was made, for all subsequent

conflicts for that vendor with regard to the same public

institution of higher education. The Executive Ethics

Commission must hold a public hearing within 30 calendar days

after receiving the Board's or the Commission on Equity and

Inclusion's recommendation if the Procurement Policy Board or

the Commission on Equity and Inclusion makes a recommendation

to (i) void a contract or (ii) void a bid or offer and the

chief procurement officer selected or intends to award the

contract to the bidder, offeror, or potential contractor. A

chief procurement officer is prohibited from awarding a

contract before a hearing if the Board or the Commission on

Equity and Inclusion recommendation does not support a bid or

offer. The recommendation and proceedings of any hearing, if

applicable, shall be available to the public.

(e) These thresholds and disclosure do not relieve the

chief procurement officer, the State purchasing officer, or

their designees from reasonable care and diligence for any

contract, bid, offer, or submission to a vendor portal. The

chief procurement officer, the State purchasing officer, or

their designees shall be responsible for using any reasonably

known and publicly available information to discover any

undisclosed potential conflict of interest and act to protect

the best interest of the State of Illinois.

(f) Inadvertent or accidental failure to fully disclose

shall render the contract, bid, offer, proposal, subcontract,

or relationship voidable by the chief procurement officer if

he or she deems it in the best interest of the State of

Illinois and, at his or her discretion, may be cause for

barring from future contracts, bids, offers, proposals,

subcontracts, or relationships with the State for a period of

up to 2 years.

(g) Intentional, willful, or material failure to disclose

shall render the contract, bid, offer, proposal, subcontract,

or relationship voidable by the chief procurement officer if

he or she deems it in the best interest of the State of

Illinois and shall result in debarment from future contracts,

bids, offers, proposals, subcontracts, or relationships for a

period of not less than 2 years and not more than 10 years.

Reinstatement after 2 years and before 10 years must be

reviewed and commented on in writing by the Governor of the

State of Illinois, or by an executive ethics board or

commission he or she might designate. The comment shall be

returned to the responsible chief procurement officer who must

rule in writing whether and when to reinstate.

(h) In addition, all disclosures shall note any other

current or pending contracts, bids, offers, proposals,

subcontracts, leases, or other ongoing procurement

relationships the bidder, offeror, potential contractor,

contractor, or subcontractor has with any other unit of State

government and shall clearly identify the unit and the

contract, offer, proposal, lease, or other relationship.

(i) The bidder, offeror, potential contractor, or

contractor has a continuing obligation to supplement the

disclosure required by this Section throughout the bidding

process during the term of any contract, and during the vendor

portal registration process.

(j) If a bid or offer is received from a responsive bidder,

offeror, vendor, contractor, or subcontractor with an annual

value of more than $100,000 and the bidder, offeror, vendor,

contractor, or subcontractor has an active contract with that

same entity and already has submitted their financial

disclosures and potential conflicts of interest within the

last 12 months, the bidder, offeror, vendor, contractor, or

subcontractor may submit a signed affidavit attesting that the

original submission of its financial disclosures and potential

conflicts of interests has not been altered or changed. The

form and content of the affidavit shall be prescribed by the

applicable chief procurement officer.

(Source: P.A. 101-657, eff. 1-1-22; 102-721, eff. 1-1-23.)

(30 ILCS 500/55-25)

(Section scheduled to be repealed on January 1, 2025)

Sec. 55-25. State Procurement Task Force.

(a) There is hereby created the State Procurement Task

Force.

(b) The task force shall survey the State procurement

process and make recommendations to: (i) ensure that the

process is equitable and efficient; (ii) provide departments

with the flexibility needed to be successful; (iii) change the

current structure of the procurement process; (iv) update the

process to reflect modern procurement methods; (v) increase

women-owned and minority-owned business participation; (vi)

increase participation by Illinois vendors; and (vii) reduce

costs and increase efficiency of State procurements.

(c) The task force shall consist of the following members:

(1) 4 members of the House of Representatives,

appointed by the Speaker of the House of Representatives,

one of whom shall serve as co-chair of the Task Force;

(2) 4 members of the Senate, appointed by the

President of the Senate, one of whom shall serve as

co-chair of the Task Force;

(3) 3 members of the House of Representatives,

appointed by the Minority Leader of the House of

Representatives;

(4) 3 members of the Senate, appointed by the Minority

Leader of the Senate;

(5) 1 member representing State institutions of higher

education, appointed by the President of the Senate;

(6) 1 member representing State institutions of higher

education, appointed by the Speaker of the House of

Representatives;

(7) 5 members representing vendors, with one each

appointed by the Governor, the Speaker of the House of

Representatives, the President of the Senate, the Minority

Leader of the House of Representatives, and the Minority

Leader of the Senate;

(8) 5 members of the public representing women-owned

and minority-owned businesses, with one each appointed by

the Governor, the Speaker of the House of Representatives,

the President of the Senate, the Minority Leader of the

House of Representatives, and the Minority Leader of the

Senate;

(9) 1 member from the Department of Central Management

Services, appointed by the Governor;

(10) 1 member from the Department of Transportation,

appointed by the Governor;

(11) 1 member from the Department of Information and

Technology, appointed by the Governor;

(12) 1 Chief Procurement Officer, appointed by the

Governor; and

(13) the Chairperson of the Commission on Equity and

Inclusion, who shall serve as Chair of the Task Force.

(d) Members of the task force shall serve without

compensation for the duration of the task force.

(e) As soon as practicable after all members have been

appointed, the task force shall hold its first meeting. The

task force shall hold at least 7 meetings.

(f) The Procurement Policy Board Department of Central

Management Services shall provide administrative and other

support to the task force.

(g) The task force shall from time to time submit reports

of its findings and recommendations on its survey of State

procurement processes to the Governor and the General

Assembly. By February 1, 2023 November 1, 2022, the task force

shall submit a report to the Governor and General Assembly

reporting findings and recommendations specifically including

any proposed recommendations to: (i) alter the current

structure and number of Chief Procurement Officers; (ii) enact

or modify cure periods in the Procurement Code that allow a

potentially successful vendor to correct technical

deficiencies in the vendor's bid; (iii) enact measures that

increase efficiency, modernization, or reduce costs within the

procurement system; and (iv) increase women-owned and

minority-owned business participation. On or before January 1,

2024, the task force shall submit a report of its findings and

recommendations on its survey of State procurement processes

to the Governor and the General Assembly.

(h) This Section is repealed on January 1, 2025.

(Source: P.A. 102-721, eff. 5-6-22.)

Section 20. The Design-Build Procurement Act is amended by

changing Sections 5, 10, and 90 as follows:

(30 ILCS 537/5)

(Section scheduled to be repealed on July 1, 2027)

Sec. 5. Legislative policy. It is the intent of the

General Assembly that the State construction agency Capital

Development Board be allowed to use the design-build delivery

method for public projects if it is shown to be in the State's

best interest for that particular project. It shall be the

policy of the State construction agency Capital Development

Board in the procurement of design-build services to publicly

announce all requirements for design-build services and to

procure these services on the basis of demonstrated competence

and qualifications and with due regard for the principles of

competitive selection.

The State construction agency Capital Development Board

shall, prior to issuing requests for proposals, promulgate and

publish procedures for the solicitation and award of contracts

pursuant to this Act.

The State construction agency Capital Development Board

shall, for each public project or projects permitted under

this Act, make a written determination, including a

description as to the particular advantages of the

design-build procurement method, that it is in the best

interests of this State to enter into a design-build contract

for the project or projects. In making that determination, the

following factors shall be considered:

(1) The probability that the design-build procurement

method will be in the best interests of the State by

providing a material savings of time or cost over the

design-bid-build or other delivery system.

(2) The type and size of the project and its

suitability to the design-build procurement method.

(3) The ability of the State construction agency to

define and provide comprehensive scope and performance

criteria for the project.

No State construction agency may use a design-build

procurement method unless the agency determines in writing

that the project will comply with the disadvantaged business

and equal employment practices of the State as established in

the Business Enterprise for Minorities, Women, and Persons

with Disabilities Act and Section 2-105 of the Illinois Human

Rights Act.

The State construction agency Capital Development Board

shall within 15 days after the initial determination provide

an advisory copy to the Procurement Policy Board and maintain

the full record of determination for 5 years.

(Source: P.A. 100-391, eff. 8-25-17.)

(30 ILCS 537/10)

(Section scheduled to be repealed on July 1, 2027)

Sec. 10. Definitions. As used in this Act:

"State construction agency" means the Capital Development

Board or, in the case of a design-build procurement for a

public institution of higher education, the public institution

of higher education.

"Delivery system" means the design and construction

approach used to develop and construct a project.

"Design-bid-build" means the traditional delivery system

used on public projects in this State that incorporates the

Architectural, Engineering, and Land Surveying Qualification

Based Selection Act (30 ILCS 535/) and the principles of

competitive selection in the Illinois Procurement Code (30

ILCS 500/).

"Design-build" means a delivery system that provides

responsibility within a single contract for the furnishing of

architecture, engineering, land surveying and related services

as required, and the labor, materials, equipment, and other

construction services for the project.

"Design-build contract" means a contract for a public

project under this Act between the State construction agency

and a design-build entity to furnish architecture,

engineering, land surveying, and related services as required,

and to furnish the labor, materials, equipment, and other

construction services for the project. The design-build

contract may be conditioned upon subsequent refinements in

scope and price and may allow the State construction agency to

make modifications in the project scope without invalidating

the design-build contract.

"Design-build entity" means any individual, sole

proprietorship, firm, partnership, joint venture, corporation,

professional corporation, or other entity that proposes to

design and construct any public project under this Act. A

design-build entity and associated design-build professionals

shall conduct themselves in accordance with the laws of this

State and the related provisions of the Illinois

Administrative Code, as referenced by the licensed design

professionals Acts of this State.

"Design professional" means any individual, sole

proprietorship, firm, partnership, joint venture, corporation,

professional corporation, or other entity that offers services

under the Illinois Architecture Practice Act of 1989 (225 ILCS

305/), the Professional Engineering Practice Act of 1989 (225

ILCS 325/), the Structural Engineering Licensing Act of 1989

(225 ILCS 340/), or the Illinois Professional Land Surveyor

Act of 1989 (225 ILCS 330/).

"Evaluation criteria" means the requirements for the

separate phases of the selection process as defined in this

Act and may include the specialized experience, technical

qualifications and competence, capacity to perform, past

performance, experience with similar projects, assignment of

personnel to the project, and other appropriate factors. Price

may not be used as a factor in the evaluation of Phase I

proposals.

"Proposal" means the offer to enter into a design-build

contract as submitted by a design-build entity in accordance

with this Act.

"Public institution of higher education" has the meaning

ascribed in subsection (f) of Section 1-13 of the Illinois

Procurement Code.

"Request for proposal" means the document used by the

State construction agency to solicit proposals for a

design-build contract.

"Scope and performance criteria" means the requirements

for the public project, including but not limited to, the

intended usage, capacity, size, scope, quality and performance

standards, life-cycle costs, and other programmatic criteria

that are expressed in performance-oriented and quantifiable

specifications and drawings that can be reasonably inferred

and are suited to allow a design-build entity to develop a

proposal.

(Source: P.A. 94-716, eff. 12-13-05.)

(30 ILCS 537/90)

(Section scheduled to be repealed on July 1, 2027)

Sec. 90. Repealer. This Act is repealed on January 1, 2026

July 1, 2027.

(Source: P.A. 102-1016, eff. 5-27-22.)

Section 25. The Business Enterprise for Minorities, Women,

and Persons with Disabilities Act is amended by changing

Sections 2 and 4 as follows:

(30 ILCS 575/2)

(Section scheduled to be repealed on June 30, 2024)

Sec. 2. Definitions.

(A) For the purpose of this Act, the following terms shall

have the following definitions:

(1) "Minority person" shall mean a person who is a

citizen or lawful permanent resident of the United States

and who is any of the following:

(a) American Indian or Alaska Native (a person

having origins in any of the original peoples of North

and South America, including Central America, and who

maintains tribal affiliation or community attachment).

(b) Asian (a person having origins in any of the

original peoples of the Far East, Southeast Asia, or

the Indian subcontinent, including, but not limited

to, Cambodia, China, India, Japan, Korea, Malaysia,

Pakistan, the Philippine Islands, Thailand, and

Vietnam).

(c) Black or African American (a person having

origins in any of the black racial groups of Africa).

(d) Hispanic or Latino (a person of Cuban,

Mexican, Puerto Rican, South or Central American, or

other Spanish culture or origin, regardless of race).

(e) Native Hawaiian or Other Pacific Islander (a

person having origins in any of the original peoples

of Hawaii, Guam, Samoa, or other Pacific Islands).

(2) "Woman" shall mean a person who is a citizen or

lawful permanent resident of the United States and who is

of the female gender.

(2.05) "Person with a disability" means a person who

is a citizen or lawful resident of the United States and is

a person qualifying as a person with a disability under

subdivision (2.1) of this subsection (A).

(2.1) "Person with a disability" means a person with a

severe physical or mental disability that:

(a) results from:

amputation,

arthritis,

autism,

blindness,

burn injury,

cancer,

cerebral palsy,

Crohn's disease,

cystic fibrosis,

deafness,

head injury,

heart disease,

hemiplegia,

hemophilia,

respiratory or pulmonary dysfunction,

an intellectual disability,

mental illness,

multiple sclerosis,

muscular dystrophy,

musculoskeletal disorders,

neurological disorders, including stroke and

epilepsy,

paraplegia,

quadriplegia and other spinal cord conditions,

sickle cell anemia,

ulcerative colitis,

specific learning disabilities, or

end stage renal failure disease; and

(b) substantially limits one or more of the

person's major life activities.

Another disability or combination of disabilities may

also be considered as a severe disability for the purposes

of item (a) of this subdivision (2.1) if it is determined

by an evaluation of rehabilitation potential to cause a

comparable degree of substantial functional limitation

similar to the specific list of disabilities listed in

item (a) of this subdivision (2.1).

(3) "Minority-owned business" means a business which

is at least 51% owned by one or more minority persons, or

in the case of a corporation, at least 51% of the stock in

which is owned by one or more minority persons; and the

management and daily business operations of which are

controlled by one or more of the minority individuals who

own it.

(4) "Women-owned business" means a business which is

at least 51% owned by one or more women, or, in the case of

a corporation, at least 51% of the stock in which is owned

by one or more women; and the management and daily

business operations of which are controlled by one or more

of the women who own it.

(4.1) "Business owned by a person with a disability"

means a business that is at least 51% owned by one or more

persons with a disability and the management and daily

business operations of which are controlled by one or more

of the persons with disabilities who own it. A

not-for-profit agency for persons with disabilities that

is exempt from taxation under Section 501 of the Internal

Revenue Code of 1986 is also considered a "business owned

by a person with a disability".

(4.2) "Council" means the Business Enterprise Council

for Minorities, Women, and Persons with Disabilities

created under Section 5 of this Act.

(4.3) "Commission" means, unless the context clearly

indicates otherwise, the Commission on Equity and

Inclusion created under the Commission on Equity and

Inclusion Act.

(5) "State contracts" means all contracts entered into

by the State, any agency or department thereof, or any

public institution of higher education, including

community college districts, regardless of the source of

the funds with which the contracts are paid, which are not

subject to federal reimbursement. "State contracts" does

not include contracts awarded by a retirement system,

pension fund, or investment board subject to Section

1-109.1 of the Illinois Pension Code. This definition

shall control over any existing definition under this Act

or applicable administrative rule.

"State construction contracts" means all State

contracts entered into by a State agency or public

institution of higher education for the repair,

remodeling, renovation or construction of a building or

structure, or for the construction or maintenance of a

highway defined in Article 2 of the Illinois Highway Code.

(6) "State agencies" shall mean all departments,

officers, boards, commissions, institutions and bodies

politic and corporate of the State, but does not include

the Board of Trustees of the University of Illinois, the

Board of Trustees of Southern Illinois University, the

Board of Trustees of Chicago State University, the Board

of Trustees of Eastern Illinois University, the Board of

Trustees of Governors State University, the Board of

Trustees of Illinois State University, the Board of

Trustees of Northeastern Illinois University, the Board of

Trustees of Northern Illinois University, the Board of

Trustees of Western Illinois University, municipalities or

other local governmental units, or other State

constitutional officers.

(7) "Public institutions of higher education" means

the University of Illinois, Southern Illinois University,

Chicago State University, Eastern Illinois University,

Governors State University, Illinois State University,

Northeastern Illinois University, Northern Illinois

University, Western Illinois University, the public

community colleges of the State, and any other public

universities, colleges, and community colleges now or

hereafter established or authorized by the General

Assembly.

(8) "Certification" means a determination made by the

Council or by one delegated authority from the Council to

make certifications, or by a State agency with statutory

authority to make such a certification, that a business

entity is a business owned by a minority, woman, or person

with a disability for whatever purpose. A business owned

and controlled by women shall be certified as a

"woman-owned business". A business owned and controlled by

women who are also minorities shall be certified as both a

"women-owned business" and a "minority-owned business".

(9) "Control" means the exclusive or ultimate and sole

control of the business including, but not limited to,

capital investment and all other financial matters,

property, acquisitions, contract negotiations, legal

matters, officer-director-employee selection and

comprehensive hiring, operating responsibilities,

cost-control matters, income and dividend matters,

financial transactions and rights of other shareholders or

joint partners. Control shall be real, substantial and

continuing, not pro forma. Control shall include the power

to direct or cause the direction of the management and

policies of the business and to make the day-to-day as

well as major decisions in matters of policy, management

and operations. Control shall be exemplified by possessing

the requisite knowledge and expertise to run the

particular business and control shall not include simple

majority or absentee ownership.

(10) "Business" means a business that has annual gross

sales of less than $150,000,000 $75,000,000 as evidenced

by the federal income tax return of the business. A firm

with gross sales in excess of this cap may apply to the

Council for certification for a particular contract if the

firm can demonstrate that the contract would have

significant impact on businesses owned by minorities,

women, or persons with disabilities as suppliers or

subcontractors or in employment of minorities, women, or

persons with disabilities. Firms with gross sales in

excess of this cap that are granted certification by the

Council shall be granted certification for the life of the

contract, including available renewals.

(11) "Utilization plan" means a form and additional

documentations included in all bids or proposals that

demonstrates a vendor's proposed utilization of vendors

certified by the Business Enterprise Program to meet the

targeted goal. The utilization plan shall demonstrate that

the Vendor has either: (1) met the entire contract goal or

(2) requested a full or partial waiver and made good faith

efforts towards meeting the goal.

(12) "Business Enterprise Program" means the Business

Enterprise Program of the Commission on Equity and

Inclusion.

(B) When a business is owned at least 51% by any

combination of minority persons, women, or persons with

disabilities, even though none of the 3 classes alone holds at

least a 51% interest, the ownership requirement for purposes

of this Act is considered to be met. The certification

category for the business is that of the class holding the

largest ownership interest in the business. If 2 or more

classes have equal ownership interests, the certification

category shall be determined by the business.

(Source: P.A. 101-601, eff. 1-1-20; 101-657, eff. 1-1-22;

102-29, eff. 6-25-21.)

(30 ILCS 575/4) (from Ch. 127, par. 132.604)

(Section scheduled to be repealed on June 30, 2024)

Sec. 4. Award of State contracts.

(a) Except as provided in subsection (b), not less than

30% of the total dollar amount of State contracts, as defined

by the Secretary of the Council and approved by the Council,

shall be established as an aspirational goal to be awarded to

businesses owned by minorities, women, and persons with

disabilities; provided, however, that of the total amount of

all State contracts awarded to businesses owned by minorities,

women, and persons with disabilities pursuant to this Section,

contracts representing at least 16% shall be awarded to

businesses owned by minorities, contracts representing at

least 10% shall be awarded to women-owned businesses, and

contracts representing at least 4% shall be awarded to

businesses owned by persons with disabilities.

(a-5) In addition to the aspirational goals in awarding

State contracts set under subsection (a), the Commission shall

by rule further establish targeted efforts to encourage the

participation of businesses owned by minorities, women, and

persons with disabilities on State contracts. Such efforts

shall include, but not be limited to, further concerted

outreach efforts to businesses owned by minorities, women, and

persons with disabilities.

The above percentage relates to the total dollar amount of

State contracts during each State fiscal year, calculated by

examining independently each type of contract for each agency

or public institutions of higher education which lets such

contracts. Only that percentage of arrangements which

represents the participation of businesses owned by

minorities, women, and persons with disabilities on such

contracts shall be included. State contracts subject to the

requirements of this Act shall include the requirement that

only expenditures to businesses owned by minorities, women,

and persons with disabilities that perform a commercially

useful function may be counted toward the goals set forth by

this Act. Contracts shall include a definition of

"commercially useful function" that is consistent with 49 CFR

26.55(c).

(b) Not less than 20% of the total dollar amount of State

construction contracts is established as an aspirational goal

to be awarded to businesses owned by minorities, women, and

persons with disabilities; provided that, contracts

representing at least 11% of the total dollar amount of State

construction contracts shall be awarded to businesses owned by

minorities; contracts representing at least 7% of the total

dollar amount of State construction contracts shall be awarded

to women-owned businesses; and contracts representing at least

2% of the total dollar amount of State construction contracts

shall be awarded to businesses owned by persons with

disabilities.

(c) (Blank).

(c-5) All goals established under this Section shall be

contingent upon the results of the most recent disparity study

conducted by the State.

(d) Within one year after April 28, 2009 (the effective

date of Public Act 96-8), the Department of Central Management

Services shall conduct a social scientific study that measures

the impact of discrimination on minority and women business

development in Illinois. Within 18 months after April 28, 2009

(the effective date of Public Act 96-8), the Department shall

issue a report of its findings and any recommendations on

whether to adjust the goals for minority and women

participation established in this Act. Copies of this report

and the social scientific study shall be filed with the

Governor and the General Assembly.

By December 1, 2020, the Department of Central Management

Services shall conduct a new social scientific study that

measures the impact of discrimination on minority and women

business development in Illinois. By June 1, 2022, the

Department shall issue a report of its findings and any

recommendations on whether to adjust the goals for minority

and women participation established in this Act. Copies of

this report and the social scientific study shall be filed

with the Governor and the General Assembly. By December 1,

2022, the Commission on Equity and Inclusion Business

Enterprise Program shall develop a model for social scientific

disparity study sourcing for local governmental units to adapt

and implement to address regional disparities in public

procurement.

(e) All State contract solicitations that include Business

Enterprise Program participation goals shall require bidders

or offerors to include utilization plans. Utilization plans

are due at the time of bid or offer submission. Failure to

complete and include a utilization plan, including

documentation demonstrating good faith efforts when requesting

a waiver, shall render the bid or offer non-responsive.

Except as permitted under this Act or as otherwise

mandated by federal regulation, a bidder or offeror whose bid

or offer is accepted and who included in that bid a completed

utilization plan but who fails to meet the goals set forth in

the plan shall be notified of the deficiency by the

contracting agency or public institution of higher education

and shall be given a period of 10 calendar days to cure the

deficiency by contracting with additional subcontractors who

are certified by the Business Enterprise Program or by

increasing the work to be performed by previously identified

vendors certified by the Business Enterprise Program.

Deficiencies that may be cured include: (i) scrivener's

errors, such as transposed numbers; (ii) information submitted

in an incorrect form or format; (iii) mistakes resulting from

failure to follow instructions or to identify and adequately

document good faith efforts taken to comply with the

utilization plan; or (iv) a proposal to use a firm whose

Business Enterprise Program certification has lapsed or is not

yet recognized. Cure is not authorized if the bidder or

offeror submits a blank utilization plan, a utilization plan

that shows lack of reasonable effort to complete the form on

time, or a utilization plan that states the contract will be

self-performed, by a non-certified vendor, without showing

good faith efforts or a request for a waiver. All cure activity

shall address the deficiencies identified by the purchasing

agency and shall require clear documentation, including that

of good faith efforts, to address those deficiencies. Any

increase in cost to a contract for the addition of a

subcontractor to cure a bid's deficiency shall not affect the

bid price and shall not be used in the request for an exemption

under this Act, and, in no case, shall an identified

subcontractor with a Business Enterprise Program certification

made under this Act be terminated from a contract without the

written consent of the State agency or public institution of

higher education entering into the contract. The purchasing

agency or public institution of higher education shall make

the determination whether the cure is adequate.

Vendors certified with the Business Enterprise Program at

the time and date submittals are due and who do not submit a

utilization plan or have utilization plan deficiencies shall

have 10 business days to submit a utilization plan or to

correct the utilization plan deficiencies. Except as permitted

under this Act or as otherwise mandated by federal law or

regulation, in response those who submit bids or proposals for

State contracts subject to the provisions of this Act, whose

bids or proposals are successful but include a utilization

plan that fails to demonstrate good faith efforts to meet the

goals set forth in the solicitation of that deficiency and may

allow the bidder or offeror a period not to exceed 10 calendar

days from the date of notification to cure that deficiency in

the bid or proposal. The deficiency in the bid or proposal may

only be cured by contracting with additional subcontractors

who are certified by the Business Enterprise Program at the

time of bid submission. Any increase in cost to a contract for

the addition of a subcontractor to cure a bid's deficiency or

to ensure diversity participation on the contract shall not

affect the bid price, shall not be used in the request for an

exemption in this Act, and in no case shall an identified

subcontractor with a certification made pursuant to this Act

be terminated from the contract without the written consent of

the State agency or public institution of higher education

entering into the contract. Submission of a blank utilization

plan renders a bid or offer non-responsive and is not curable.

The Commission on Equity and Inclusion shall be notified of

all bids or offers that fail to include a utilization plan or

that include a utilization plan with deficiencies.

(f) (Blank).

(g) (Blank).

(h) State agencies and public institutions of higher

education shall notify the Commission on Equity and Inclusion

of all non-responsive bids or proposals for State contracts.

(Source: P.A. 101-170, eff. 1-1-20; 101-601, eff. 1-1-20;

101-657, Article 1, Section 1-5, eff. 1-1-22; 101-657, Article

40, Section 40-130, eff. 1-1-22; 102-29, eff. 6-25-21;

102-558, eff. 8-20-21.)

Section 30. The Local Food, Farms, and Jobs Act is amended

by changing Sections 10 and 30 as follows:

(30 ILCS 595/10)

Sec. 10. Procurement goals for local farm or food

products.

(a) In order to create, strengthen, and expand local farm

and food economies throughout Illinois, it shall be the goal

of this State that 20% of all food and food products purchased

by State agencies and State-owned facilities, including,

without limitation, facilities for persons with mental health

and developmental disabilities, correctional facilities, and

public universities, shall, by 2020, be local farm or food

products.

(b) The State Local Food, Farms, and Jobs Council

established under this Act shall support and encourage that

10% of food and food products purchased by entities funded in

part or in whole by State dollars, which spend more than

$25,000 per year on food or food products for its students,

residents, or clients, including, without limitation, public

schools, child care facilities, after-school programs, and

hospitals, shall, by 2020, be local farm or food products.

(c) To meet the goals set forth in this Section, when a

State contract for purchase of food or food products is to be

awarded to the lowest responsible bidder, an otherwise

qualified bidder who will fulfill the contract through the use

of local farm or food products may be given preference over

other bidders, provided that the cost included in the bid of

local farm or food products is not more than 10% greater than

the cost included in a bid that is not for local farm or food

products.

(d) All State agencies and State-owned facilities that

purchase food and food products shall, with the assistance of

the Local Food, Farms, and Jobs Council, develop a system for

(i) identifying the percentage of local farm or food products

purchased for fiscal year 2021 2011 as the baseline; and (ii)

tracking and reporting local farm or food products purchases

on an annual basis.

(e) On January 1, 2024 and each January 1 thereafter,

those State agencies and State-owned facilities that purchase

food or food products shall publish in their respective

procurement bulletins, in the form and format prescribed by

the chief procurement officer, notice of their purchases of

local farm or food products in the immediately preceding

fiscal year.

(Source: P.A. 96-579, eff. 8-18-09.)

(30 ILCS 595/30)

Sec. 30. Farm-school database. The Department of

Agriculture shall establish, and make available on its

website, a geo-coded electronic database to facilitate the

purchase of fresh produce and food products by schools. The

database shall be developed jointly with the Local Food,

Farms, and Jobs Council and, at a minimum, contain the

information necessary for (i) schools to identify and contact

agricultural producers that are interested in supplying

schools in the State with fresh produce and food products and

(ii) agricultural producers of fresh produce and food products

to identify schools in the State that are interested in

purchasing those products. The Department of Agriculture shall

adopt rules necessary to implement this Section. The

Department of Agriculture shall also solicit federal and State

funding for the purpose of implementing this program. The

requirement of the Department to establish, and make available

on its website, this database shall become effective once the

Department has secured all of the additional federal or State

funding necessary to implement this program.

(Source: P.A. 96-1095, eff. 1-1-11.)

(30 ILCS 595/15 rep.)

(30 ILCS 595/20 rep.)

(30 ILCS 595/25 rep.)

Section 35. The Local Food, Farms, and Jobs Act is amended

by repealing Sections 15, 20, and 25.

Section 40. The State Property Control Act is amended by

changing Section 6.02 as follows:

(30 ILCS 605/6.02) (from Ch. 127, par. 133b9.2)

Sec. 6.02. Each responsible officer shall maintain a

permanent record of all items of property under his

jurisdiction and control, provided the administrator may

exempt tangible personal property of nominal value or in the

nature of consumable supplies, or both; and provided further

that "textbooks" as defined in Section 18-17 of The School

Code shall be exempted by the administrator after those

textbooks have been on loan pursuant to that Section for a

period of 5 years or more. The listing shall include all

property being acquired under agreements which are required by

the State Comptroller to be capitalized for inclusion in the

statewide financial statements. Each responsible officer shall

submit a listing of the permanent record at least annually to

the administrator in such format as the administrator shall

require. The record may be submitted in either hard copy or

computer readable form. The administrator may require more

frequent submissions when in the opinion of the administrator

the agency records are not sufficiently reliable to justify

annual submissions.

As used in this Section, "nominal value" means the value

of an item is $2,500 $1,000 or less. For the purposes of this

definition, the value of the item shall reflect its

depreciated value, as determined by the administrator. The

administrator may by rule set the threshold for "nominal

value" at a higher amount. Nothing in this definition shall be

construed as relieving responsible officers of the duty to

reasonably ensure that State property is not subject to theft.

(Source: P.A. 100-193, eff. 1-1-18.)

Section 45. The Criminal Code of 2012 is amended by

changing Section 33E-9 as follows:

(720 ILCS 5/33E-9) (from Ch. 38, par. 33E-9)

Sec. 33E-9. Change orders. Any change order authorized

under this Section shall be made in writing. Any person

employed by and authorized by any unit of State or local

government to approve a change order to any public contract

who knowingly grants that approval without first obtaining

from the unit of State or local government on whose behalf the

contract was signed, or from a designee authorized by that

unit of State or local government, a determination in writing

that (1) the circumstances said to necessitate the change in

performance were not reasonably foreseeable at the time the

contract was signed, or (2) the change is germane to the

original contract as signed, or (3) the change order is in the

best interest of the unit of State or local government and

authorized by law, commits a Class 4 felony. The written

determination and the written change order resulting from that

determination shall be preserved in the contract's file which

shall be open to the public for inspection. This Section shall

only apply to a change order or series of change orders which

authorize or necessitate an increase or decrease in either the

cost of a public contract by a total of $25,000 $10,000 or more

or the time of completion by a total of 180 30 days or more.

(Source: P.A. 86-150; 87-618.)

Section 95. No acceleration or delay. Where this Act makes

changes in a statute that is represented in this Act by text

that is not yet or no longer in effect (for example, a Section

represented by multiple versions), the use of that text does

not accelerate or delay the taking effect of (i) the changes

made by this Act or (ii) provisions derived from any other

Public Act.