Bill Text: IL HB5511 | 2023-2024 | 103rd General Assembly | Chaptered

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Bill Title: Reinserts the provisions of the introduced bill with the following changes. Further amends the Illinois Procurement Code. Provides that cumulative small purchases under $1,000 made in a previously non-contemplated manner by the same or separate individuals or departments within an agency or university that exceed the small purchase threshold do not constitute stringing and are allowable under the Code. Provides that the Code does not apply to procurement expenditures related to efforts for the recruitment and retention of State employees. Makes changes concerning applicability of the Code to public institutions of higher education, independent chief procurement officers, duration of contracts, electronic procurement systems, job order contracting, curing a violation or deficiency during an active procurement, procurement communications reporting requirements, method of source selection, bid preferences for Illinois businesses, and prohibited bidders. Amends the State Property Control Act. Makes changes concerning new furniture purchases. Amends the Counties Code. Provides that certain competitive bidding requirements apply to an elected official in a county with fewer than 2,000,000 inhabitants (in addition to applying to a county with fewer than 2,000,000 inhabitants). Amends the Department of Natural Resources Act. Provides that the Department of Natural Resources has the power to lease, from time to time, any land or property, with or without appurtenances, of which the Department has jurisdiction, and which are not immediately to be used or developed by the State if certain requirements are met. Provides that the Department may lease any land or property over which the Department has jurisdiction for the purpose of creating, operating, or maintaining a commercial solar energy system or a clean energy project. Amends the Architectural, Engineering, and Land Surveying Qualifications Based Selection Act. Provides that the State agency may communicate with firms who were not selected to provide services in order to provide further information about the firm's proposal deficiencies. Amends the Governmental Joint Purchasing Act. Provides that each chief procurement officer may authorize any governmental unit of this State to purchase or lease supplies under a contract which has been procured under the jurisdiction of the Illinois Procurement Code by a governmental unit subject to the jurisdiction of the chief procurement officer. Amends the Reimagining Hotel Florence Act. Adds provisions concerning the Pullman Factory. Makes other changes. Creates the Progressive Design-Build Pilot Program Act. Provides that the Capital Development Board may elect to use the progressive design-build delivery method. Sets forth other provisions concerning procedures for selection and submission of qualifications, the award of contracts, pricing, and federal requirements. Makes other changes. Amends the Business Enterprise for Minorities, Women, and Persons with Disabilities Act. Sets forth a uniform standard of contract goals. Makes changes concerning the Business Enterprise Council and enforcement. Amends the Public Contract Fraud Act. Provides that the Attorney General need not approve the title for lands needed for public works or improvements if the consideration paid does not exceed $25,000 (currently, $10,000). Amends the Metropolitan Water Reclamation District Act. Provides that the mandatory competitive bid threshold for the District may not be less than $60,000 (rather than less than $10,000 or more than $40,000). Amends the Governmental Joint Purchasing Act. Provides that a governmental unit may purchase a supply or service that is available on contracts from multiple contractors if the governmental unit determines that the selected contract best meets the governmental unit's needs. Amends the Commission on Equity and Inclusion Act. Provides that the Commission shall supervise (rather than oversee) the implementation and effectiveness of supplier diversity training of the State procurement workforce (rather the implementation of diversity training of the State workforce). Amends the Metropolitan Pier and Exposition Authority Act. Makes changes in provisions concerning construction and professional services contracts. Amends the Public-Private Partnerships for Transportation Act. Makes changes concerning the definition of "responsible public entity", unsolicited proposals, and formation of public-private agreements. Makes other changes.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Passed) 2024-08-09 - Public Act . . . . . . . . . 103-0865 [HB5511 Detail]

Download: Illinois-2023-HB5511-Chaptered.html

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Public Act 103-0865
HB5511 Enrolled LRB103 38791 MXP 68928 b
AN ACT concerning finance.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
ARTICLE 1.
Section 1-1. Short title. This Article may be cited as the
Progressive Design-Build Pilot Program Act. References in this
Article to "this Act" mean this Article.
Section 1-5. Legislative policy. It is the intent of the
General Assembly that the State construction agency shall
establish a Progressive Design-Build Pilot Program to use the
progressive design-build delivery method for up to 3 public
projects commencing prior to January 1, 2027 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 in the
procurement of progressive design-build services to publicly
announce all requirements for progressive 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 shall, prior to issuing
requests for qualifications, publish procedures for the
solicitation and award of contracts pursuant to this Act.

The State construction agency 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 progressive design-build procurement method,
that it is in the best interests of this State to enter into a
progressive design-build contract for the project or projects.
In making that determination, the following factors shall be
considered:
(1) The probability that the progressive 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 progressive 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 the progressive
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 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.
Section 1-10. Definitions. As used in this Act:
"Chief procurement office" means the offices to which the
chief procurement officers are appointed pursuant to Section
10-20 of the Illinois Procurement Code.
"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 Qualifications
Based Selection Act and the principles of competitive
selection in the Illinois Procurement Code.
"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, the
Professional Engineering Practice Act of 1989, the Structural
Engineering Practice Act of 1989, or the Illinois Professional
Land Surveyor Act of 1989.
"Evaluation criteria" means the requirements for 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 progressive design-build.
"Progressive design-build" means a project delivery
process in which both the design and construction of a project
are procured from a single entity that is selected through a
qualifications-based selection at the earliest feasible stage
of the project.
"Progressive design-build contract" means a contract for a
public project under this Act between the State construction
agency and a progressive 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. A
progressive 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 progressive design-build
contract.
"Progressive 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 progressive design-build entity and associated
progressive 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.
"Qualification" means a statement of qualifications
submitted by a proposer in response to a request for
qualifications.
"Request for qualifications" means a document issued by
the State construction agency to solicit qualifications from
proposers in accordance with the progressive design-build
project delivery method.
"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, and other programmatic criteria that are expressed
in performance-oriented requirements that can be reasonably
inferred and are suited to allow a progressive design-build
entity to develop a proposal.
"State construction agency" means the Capital Development
Board.
Section 1-15. Requests for qualifications.
(a) When the State construction agency elects to use the
progressive design-build delivery method, it must issue a
notice of intent to receive requests for qualifications for
the project at least 14 days before issuing the request for
qualifications. The State construction agency must publish the

advance notice in the official procurement bulletin of the
State or the professional services bulletin of the State
construction agency, if any. The agency is encouraged to use
publication of the notice in related construction industry
service publications. A brief description of the proposed
procurement must be included in the notice. The State
construction agency must provide a copy of the request for
qualifications to any party requesting a copy.
(b) The request for qualifications shall be prepared for
each project and must contain, without limitation, the
following information:
(1) The name of the State construction agency.
(2) A preliminary schedule for the completion of the
contract.
(3) The proposed budget for the project, the source of
funds, and the currently available funds at the time the
request for qualifications is submitted.
(4) Prequalification criteria for progressive
design-build entities wishing to submit proposals. The
State construction agency shall include, at a minimum, its
normal prequalification, licensing, registration, and
other requirements, but nothing contained herein precludes
the use of additional prequalification criteria by the
State construction agency.
(5) Material requirements of the contract, including,
but not limited to, the proposed terms and conditions,

required performance and payment bonds, insurance, and the
entity's plan to comply with the utilization goals for
business enterprises established in the Business
Enterprise for Minorities, Women, and Persons with
Disabilities Act, and with Section 2-105 of the Illinois
Human Rights Act.
(6) The performance criteria.
(7) The evaluation criteria for the solicitation.
(c) The State construction agency may include any other
relevant information that it chooses to supply. The
progressive design-build entity shall be entitled to rely upon
the accuracy of this documentation in the development of its
qualifications.
(d) The date that qualifications are due must be at least
21 calendar days after the date of the issuance of the request
for qualifications. In the event the cost of the project is
estimated to exceed $10,000,000, then the qualifications due
date must be at least 28 calendar days after the date of the
issuance of the request for qualifications.
Section 1-20. Development of scope and performance
criteria. The State construction agency shall develop a
request for qualifications, which shall include preliminary
scopes, descriptions of the areas of technical expertise
needed, and requirements for experience. The request must be
in sufficient detail and contain adequate information to

reasonably apprise the qualified progressive design-build
entities of the State construction agency's overall
programmatic needs and goals, including criteria, general
budget parameters, schedule, and delivery requirements.
Section 1-25. Selection committee.
(a) When the State construction agency elects to use the
progressive design-build delivery method, it shall establish a
committee to evaluate and select the progressive design-build
entity. The committee, under the discretion of the State
construction agency, shall consist of at least 5 but no more
than 7 members and shall include at least one licensed design
professional and 2 members of the public. Public members may
not be employed or associated with any firm holding a contract
with the State construction agency. Within 30 days of
receiving notice, one public member shall be nominated by
associations representing the general design or construction
industry and one member shall be nominated by associations
that represent minority or woman-owned design or construction
industry businesses. If either group fails to nominate a
suitable candidate within the 30-day period, the State
construction agency shall nominate an appropriate public
member.
(b) The members of the selection committee must certify
for each request for qualifications that no conflict of
interest exists between the members and the progressive

design-build entities submitting qualifications.
If a conflict is discovered before qualifications are
reviewed, the member must be replaced before any review of
qualifications. If a conflict is discovered after
qualifications are reviewed, the member with the conflict
shall be removed and the committee may continue with only one
public member.
If at least 5 members remain, the remaining committee
members may complete the selection process.
Section 1-30. Procedures for selection.
(a) The State construction agency must use a 2-phase
procedure for the selection of the successful progressive
design-build entity. Phase I of the procedure will evaluate
and shortlist for interviews the progressive design-build
entities based on qualifications, and Phase II will evaluate
shortlisted teams based on scoring of specific criteria
addressed in their presentations and interviews.
(b) The State construction agency shall include in the
request for qualifications the evaluating factors to be used
in Phase I. These factors are in addition to any
prequalification requirements of progressive design-build
entities that the agency has set forth. Each request for
qualifications shall establish the relative importance
assigned to each evaluation factor and subfactor, including
any weighting of criteria to be employed by the State

construction agency. The State construction agency must
maintain a record of the evaluation scoring to be disclosed in
event of a protest regarding the solicitation.
The State construction agency shall include the following
criteria in every Phase I evaluation of progressive
design-build entities: (1) experience of personnel; (2)
successful experience with similar project types; (3)
financial capability; (4) timeliness of past performance; (5)
experience with similarly sized projects; (6) successful
reference checks of the firm; (7) commitment to assign
personnel for the duration of the project and qualifications
of the entity's consultants; and (8) ability or past
performance in meeting or exhausting good faith efforts to
meet the utilization goals for business enterprises
established in the Business Enterprise for Minorities, Women,
and Persons with Disabilities Act and with Section 2-105 of
the Illinois Human Rights Act. The State construction agency
may include any additional relevant criteria in Phase I that
it deems necessary for a proper qualification review.
The State construction agency may not consider any
progressive design-build entity for evaluation or award if the
entity has any pecuniary interest in the project or has other
relationships or circumstances, including, but not limited to,
long-term leasehold, mutual performance, or development
contracts with the State construction agency, that may give
the progressive design-build entity a financial or tangible

advantage over other progressive design-build entities in the
preparation, evaluation, or performance of the progressive
design-build contract or that create the appearance of
impropriety. No proposal shall be considered that does not
include an entity's plan to comply with the requirements
established in the Business Enterprise for Minorities, Women,
and Persons with Disabilities Act, for both the design and
construction areas of performance, and with Section 2-105 of
the Illinois Human Rights Act.
Upon completion of the qualifications evaluation, the
State construction agency shall create a shortlist of the most
highly qualified progressive design-build entities. The State
construction agency, in its discretion, is not required to
shortlist the maximum number of entities as identified for
Phase II evaluation, provided however, no less than 2
progressive design-build entities nor more than 6 are selected
to present to the selection committee in an interview.
The State construction agency shall notify the entities
selected for the shortlist in writing. This notification shall
commence the period for the preparation for presentations and
interviews. The State construction agency must allow
sufficient time, no less than 28 calendar days, for the
shortlist entities to prepare their presentations.
(c) The State construction agency shall include in the
project advertisement the evaluating factors to be used in the
presentations and interviews. Each request for qualifications

shall establish the relative importance assigned to each
evaluation factor and subfactor, including any weighting of
criteria to be employed by the State construction agency. The
State construction agency must maintain a record of the
evaluation scoring to be disclosed in event of a protest
regarding the solicitation.
The State construction agency shall include the following
criteria in every Phase II evaluation of progressive
design-build entities: (1) experience with successful
completion of similar projects; (2) the design team's approach
to program analysis and schematic design; (3) record of budget
adherence on recently completed projects; (4) demonstration of
past innovation in meeting the scope and performance criteria
on past design-build projects; (5) completeness of the overall
project team; (6) collaborative experience of the team
members; and (7) their plan for achieving project goals for
participation. The State construction agency may include any
additional relevant technical evaluation factors it deems
necessary for proper selection.
Upon completion of the evaluation, the State construction
agency may award the progressive design-build contract to the
highest overall ranked entity. After qualifications have been
submitted, a progressive design-build entity shall not
replace, remove, or otherwise modify any firm identified as a
member of the proposer team unless authorized to do so by the
State construction agency.

Section 1-40. Submission of qualifications. Qualifications
must be properly identified and sealed. Qualifications may not
be reviewed until after the deadline for submission has passed
as set forth in the request for qualifications. All
progressive design-build entities submitting qualifications
shall be disclosed after the deadline for submission, and all
progressive design-build entities who are shortlisted for
interviews shall also be disclosed at the time of that
determination.
Qualifications shall include representative projects to
demonstrate past experience of the team members on similar
progressive design-build projects. Qualifications shall
include a list of all design professionals and other entities
as defined in Section 30-30 of the Illinois Procurement Code
to which any work may be subcontracted during the performance
of the contract. Any entity that will perform any of the 5
subdivisions of work defined in Section 30-30 of the Illinois
Procurement Code must meet prequalification standards of the
State construction agency.
Qualifications must meet all material requirements of the
request for qualifications, or they may be rejected as
nonresponsive. The State construction agency shall have the
right to reject any and all qualifications.
The State construction agency shall review the
qualifications for compliance with the performance criteria

and evaluation factors.
Qualifications may be withdrawn prior to evaluation for
any cause. After evaluation begins by the State construction
agency, clear and convincing evidence of error is required for
withdrawal.
Section 1-45. Award. The State construction agency may
award the contract to the highest overall ranked entity.
Notice of award shall be made in writing. Unsuccessful
entities shall also be notified in writing. The State
construction agency may not request a best and final offer
after the receipt of qualifications. The State construction
agency may negotiate with the selected progressive
design-build entity after award but prior to contract
execution for the purpose of securing better terms than
originally proposed, provided that the salient features of the
request for qualifications are not diminished.
Section 1-50. Labor.
(a) A contract or agreement under this Act shall require
the progressive design-build entity, or the construction
manager or general contractor of the progressive design-build
entity, and all subcontractors of the progressive design-build
entity to comply with Section 30-22 of the Illinois
Procurement Code as it applies to responsible bidders and to
present satisfactory evidence of that compliance to the State

construction agency.
(b) A contract or agreement under this Act shall require
the progressive design-build entity or the construction
manager or general contractor of the progressive design-build
entity to enter into a project labor agreement used by the
State construction agency.
(c) This Section does not apply to construction-related
professional services. As used in this Section, "professional
services" means those services within the scope of the
practice of architecture, professional engineering, structural
engineering, or registered land surveying, as defined by the
laws of this State.
Section 1-55. Transition to design-bid-build. At the
completion of design development, the progressive design-build
entity must provide a firm fixed price. The State construction
agency reserves the right to transition the project to the
design-bid-build method if the fixed price exceeds the project
budget, the progressive design-build entity's proposed
schedule is unreasonable, or if transitioning to the
design-bid-build method is in the best interests of the State.
Section 1-60. Reports and evaluation. At the end of every
6-month period following the contract award, and again prior
to final contract payout and closure, a selected progressive
design-build entity shall detail, in a written report

submitted to the State agency, its efforts and success in
implementing the entity's plan to comply with the utilization
goals for business enterprises established in the Business
Enterprise for Minorities, Women, and Persons with
Disabilities Act and the provisions of Section 2-105 of the
Illinois Human Rights Act. If the entity's performance in
implementing the plan falls short of the performance measures
and outcomes set forth in the plans submitted by the entity
during the qualifications process, the entity shall, in a
detailed written report, inform the General Assembly and the
Governor whether and to what degree each progressive
design-build contract authorized under this Act promoted the
utilization goals for business enterprises established in the
Business Enterprise for Minorities, Women, and Persons with
Disabilities Act and the provisions of Section 2-105 of the
Illinois Human Rights Act.
Section 1-65. Federal requirements. In the procurement of
progressive design-build contracts, the State construction
agency shall comply with federal law and regulations and take
all necessary steps to adapt their rules, policies, and
procedures to remain eligible for federal aid.
Section 1-70. Capital Development Board consultation. The
Capital Development Board shall consult with the applicable
chief procurement office to determine which procedures to

adopt and apply to the progressive design-build project
delivery method in order to ensure an open, transparent, and
efficient process that accomplishes the purposes of this Act.
Section 1-75. Repeal. This Act is repealed on January 1,
2027.
ARTICLE 2.
Section 2-5. The Illinois Procurement Code is amended by
changing Sections 1-13, 10-20, 20-20, and 20-60 and by adding
Sections 20-180, 30-17, and 50-57 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.
(12) Procurement expenditures for contracts entered
into under the Public University Energy Conservation Act.
(13) Procurement expenditures for advertising
purchased directly from a media station or the owner of
the station for distribution of advertising.
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 (13) 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 to contracts for medical services
necessary for the delivery of care and treatment at medical,
dental, pharmaceutical, or veterinary teaching facilities used
by Southern Illinois University or the University of Illinois
or 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), including, but not
limited to, procurements necessary for compliance and
management of federal programs. However, 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 this 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 may be entered into or
renewed 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 the Illinois Public Higher Education
Procurement Bulletin within 5 days of contract execution.

(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. 102-16, eff. 6-17-21; 102-721, eff. 5-6-22;
102-1119, eff. 1-23-23; 103-570, eff. 1-1-24.)
(30 ILCS 500/10-20)
Sec. 10-20. Independent chief procurement officers.
(a) Appointment. Within 60 calendar days after July 1,
2010 (the effective date of Public Act 96-795) this amendatory
Act of the 96th General Assembly, the Executive Ethics
Commission, with the advice and consent of the Senate shall
appoint or approve 4 chief procurement officers, one for each
of the following categories:
(1) for procurements for construction and
construction-related services committed by law to the
jurisdiction or responsibility of the Capital Development
Board;
(2) for procurements for all construction,
construction-related services, operation of any facility,
and the provision of any service or activity committed by
law to the jurisdiction or responsibility of the Illinois
Department of Transportation, including the direct or
reimbursable expenditure of all federal funds for which

the Department of Transportation is responsible or
accountable for the use thereof in accordance with federal
law, regulation, or procedure, the chief procurement
officer recommended for approval under this item appointed
by the Secretary of Transportation after consent by the
Executive Ethics Commission;
(3) for all procurements made by a public institution
of higher education; and
(4) for all other procurement needs of State agencies.
The For fiscal year 2024, the Executive Ethics Commission
shall set aside from its appropriation those amounts necessary
for the use of the 4 chief procurement officers for the
ordinary and contingent expenses of their respective
procurement offices. From the amounts set aside by the
Commission, each chief procurement officer shall control the
internal operations of his or her procurement office and shall
procure the necessary equipment, materials, and services to
perform the duties of that office, including hiring necessary
procurement personnel, legal advisors, and other employees,
and may establish, in the exercise of the chief procurement
officer's discretion, the compensation of the office's
employees, which includes the State purchasing officers and
any legal advisors. The Executive Ethics Commission shall have
no control over the employees of the chief procurement
officers. The Executive Ethics Commission shall provide
administrative support services, including payroll, for each

procurement office.
(b) Terms and independence. Each chief procurement officer
appointed under this Section shall serve for a term of 5 years
beginning on the date of the officer's appointment. The chief
procurement officer may be removed for cause after a hearing
by the Executive Ethics Commission. The Governor or the
director of a State agency directly responsible to the
Governor may institute a complaint against the officer by
filing such complaint with the Commission. The Commission
shall have a hearing based on the complaint. The officer and
the complainant shall receive reasonable notice of the hearing
and shall be permitted to present their respective arguments
on the complaint. After the hearing, the Commission shall make
a finding on the complaint and may take disciplinary action,
including but not limited to removal of the officer.
The salary of a chief procurement officer shall be
established by the Executive Ethics Commission and may not be
diminished during the officer's term. The salary may not
exceed the salary of the director of a State agency for which
the officer serves as chief procurement officer.
(c) Qualifications. In addition to any other requirement
or qualification required by State law, each chief procurement
officer must within 12 months of employment be a Certified
Professional Public Buyer or a Certified Public Purchasing
Officer, pursuant to certification by the Universal Public
Purchasing Certification Council, and must reside in Illinois.

(d) Fiduciary duty. Each chief procurement officer owes a
fiduciary duty to the State.
(e) Vacancy. In case of a vacancy in one or more of the
offices of a chief procurement officer under this Section
during the recess of the Senate, the Executive Ethics
Commission shall make a temporary appointment until the next
meeting of the Senate, when the Executive Ethics Commission
shall nominate some person to fill the office, and any person
so nominated who is confirmed by the Senate shall hold office
during the remainder of the term and until his or her successor
is appointed and qualified. If the Senate is not in session at
the time Public Act 96-920 this amendatory Act of the 96th
General Assembly takes effect, the Executive Ethics Commission
shall make a temporary appointment as in the case of a vacancy.
(f) (Blank).
(g) (Blank).
(Source: P.A. 103-8, eff. 6-7-23; revised 9-26-23.)
(30 ILCS 500/20-20)
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.
(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.
(e) Cumulative small purchases. Cumulative small purchases
under $1,000 made in a previously non-contemplated manner by
the same or separate individuals or departments within an
agency or university that exceed the small purchase threshold

do not constitute stringing and are allowable under this Code.
(Source: P.A. 102-721, eff. 1-1-23; 102-1115, eff. 1-23-23
(See Section 99-999 of P.A. 102-1115 for effective date of
P.A. 102-1115); 102-1119, eff. 1-23-23.)
(30 ILCS 500/20-60)
Sec. 20-60. Duration of contracts.
(a) Maximum duration. A contract may be entered into for
any period of time deemed to be in the best interests of the
State but not exceeding 10 years inclusive, beginning January
1, 2010, of proposed contract renewals; provided, however, in
connection with the issuance of certificates of participation
or bonds, the governing board of a public institution of
higher education may enter into contracts in excess of 10
years but not to exceed 30 years for the purpose of financing
or refinancing real or personal property. Third parties may
lease State-owned dark fiber networks for any period of time
deemed to be in the best interest of the State, but not
exceeding 20 years. The length of a lease for real property or
capital improvements shall be in accordance with the
provisions of Section 40-25. The length of energy conservation
program contracts or energy savings contracts or leases shall
be in accordance with the provisions of Section 25-45. A
contract for bond or mortgage insurance awarded by the
Illinois Housing Development Authority, however, may be
entered into for any period of time less than or equal to the

maximum period of time that the subject bond or mortgage may
remain outstanding. Contracts may be entered into that extend
beyond the active term of the award, so long as the contract
was entered into prior to the award expiration date and does
not exceed 10 years.
(b) Subject to appropriation. All contracts made or
entered into shall recite that they are subject to termination
and cancellation in any year for which the General Assembly
fails to make an appropriation to make payments under the
terms of the contract.
(c) The chief procurement officer shall file a proposed
extension or renewal of a contract with the Procurement Policy
Board and the Commission on Equity and Inclusion prior to
entering into any extension or renewal if the cost associated
with the extension or renewal exceeds $249,999. The
Procurement Policy Board or the Commission on Equity and
Inclusion may object to the proposed extension or renewal
within 14 calendar days and require a hearing before the Board
or the Commission on Equity and Inclusion prior to entering
into the extension or renewal. If the Procurement Policy Board
or the Commission on Equity and Inclusion does not object
within 14 calendar days or takes affirmative action to
recommend the extension or renewal, the chief procurement
officer may enter into the extension or renewal of a contract.
This subsection does not apply to any emergency procurement,
any procurement under Article 40, or any procurement exempted

by Section 1-10(b) of this Code. If any State agency contract
is paid for in whole or in part with federal-aid funds, grants,
or loans and the provisions of this subsection would result in
the loss of those federal-aid funds, grants, or loans, then
the contract is exempt from the provisions of this subsection
in order to remain eligible for those federal-aid funds,
grants, or loans, and the State agency shall file notice of
this exemption with the Procurement Policy Board or the
Commission on Equity and Inclusion prior to entering into the
proposed extension or renewal. Nothing in this subsection
permits a chief procurement officer to enter into an extension
or renewal in violation of subsection (a). By August 1 each
year, the Procurement Policy Board and the Commission on
Equity and Inclusion shall each file a report with the General
Assembly identifying for the previous fiscal year (i) the
proposed extensions or renewals that were filed and whether
such extensions and renewals were objected to and (ii) the
contracts exempt from this subsection.
(d) Notwithstanding the provisions of subsection (a) of
this Section, the Department of Innovation and Technology may
enter into leases for dark fiber networks for any period of
time deemed to be in the best interests of the State but not
exceeding 20 years inclusive. The Department of Innovation and
Technology may lease dark fiber networks from third parties
only for the primary purpose of providing services (i) to the
offices of Governor, Lieutenant Governor, Attorney General,

Secretary of State, Comptroller, or Treasurer and State
agencies, as defined under Section 5-15 of the Civil
Administrative Code of Illinois or (ii) for anchor
institutions, as defined in Section 7 of the Illinois Century
Network Act. Dark fiber network lease contracts shall be
subject to all other provisions of this Code and any
applicable rules or requirements, including, but not limited
to, publication of lease solicitations, use of standard State
contracting terms and conditions, and approval of vendor
certifications and financial disclosures.
(e) As used in this Section, "dark fiber network" means a
network of fiber optic cables laid but currently unused by a
third party that the third party is leasing for use as network
infrastructure.
(f) No vendor shall be eligible for renewal of a contract
when that vendor has failed to meet the goals agreed to in the
vendor's utilization plan, as defined in Section 2 of the
Business Enterprise for Minorities, Women, and Persons with
Disabilities Act, unless the State agency or public
institution of higher education has determined that the vendor
made good faith efforts toward meeting the contract goals. If
the State agency or public institution of higher education
determines that the vendor made good faith efforts, the agency
or public institution of higher education may issue a waiver
after concurrence by the chief procurement officer, which
shall not be unreasonably withheld or impair a State agency

determination to execute the renewal. The form and content of
the waiver shall be prescribed by each chief procurement
officer, but shall not impair a State agency or public
institution of higher education determination to execute the
renewal. The chief procurement officer shall post the
completed form on his or her official website within 5
business days after receipt from the State agency or public
institution of higher education. The chief procurement officer
shall maintain on his or her official website a database of
waivers granted under this Section with respect to contracts
under his or her jurisdiction. The database shall be updated
periodically and shall be searchable by contractor name and by
contracting State agency or public institution of higher
education.
(Source: P.A. 102-29, eff. 6-25-21; 102-721, eff. 1-1-23;
103-570, eff. 1-1-24.)
(30 ILCS 500/20-180 new)
Sec. 20-180. Electronic procurement systems. Nothing in
this Code prohibits State agencies from accepting bids or
proposals for competitive solicitations submitted solely via
an electronic procurement system as long as the electronic
system integrates with that portfolio's procurement bulletin
and all other provisions of this Code are met. A State agency
may not adopt a rule that prohibits a State agency from
accepting bids or proposals for competitive solicitations

submitted solely via an electronic procurement system as long
as the electronic procurement system integrates with that
portfolio's procurement bulletin and all other provisions of
this Code are met.
(30 ILCS 500/30-17 new)
Sec. 30-17. Job order contracting.
(a) In this Section:
"Indefinite quantity contract" means a contract for an
indefinite quantity of services for a fixed time or for a job
order contract.
"Job order contracting" means an indefinite quantity
contract pursuant to which a contractor may perform an ongoing
series of individual tasks at different facilities, locations,
and sites under the jurisdiction of a State construction
agency.
(b) Construction agencies may procure construction
contracts via job order contracting through the use of
competitive sealed bidding in accordance with Section 30-15.
(30 ILCS 500/50-57 new)
Sec. 50-57. Curability.
(a) If, during an active procurement, a violation or
deficiency of this Code, or of the procurement rules,
regulations, policies, or practices promulgated by a chief
procurement officer under this Code occurs, then, at the

request of the State purchasing officer and agency head, the
chief procurement officer may determine that curing the
violation or deficiency is in the best interest of the State.
The request to cure shall be in writing and include a clear
description of the violation or deficiency. The State
purchasing officer and agency head shall request a cure only
when the integrity, transparency, and efficiency of the
procurement can be maintained. In making a determination, the
chief procurement officer shall consider the harm to
stakeholders and the value to the State in permitting the cure
and the seriousness of the violation or deficiency. The
determination shall be in writing and include the basis for
permitting or denying the request. If a cure is permitted, the
determination shall include a clear description of the action
necessary to cure the violation or deficiency.
(b) The chief procurement officer shall post all
determinations on his or her official website within 14 days
after completion of the procurement. The chief procurement
officer shall report to the Governor and General Assembly, by
no later than November 1 of each year, a summary of
determinations for the previous fiscal year. Permitting a cure
does not absolve any person, as defined in Section 1-15.55,
from any penalties in law. Each chief procurement officer may
adopt rules to implement and administer this Section.
Section 2-10. The State Property Control Act is amended by

changing Section 7a as follows:
(30 ILCS 605/7a)
Sec. 7a. Surplus furniture. It is declared to be the
public policy of this State, and the General Assembly
determines, that it is in the best interest of the people of
this State to expend the least amount of funds possible on the
purchase of furniture.
Agencies that desire to purchase new furniture shall first
check with the administrator if any of the surplus furniture
under the administrator's control can be used in place of new
furniture. If an agency finds that it is unable to use the
surplus property, the agency may proceed with the new
furniture purchase. The the agency shall file annually, not
later than January 31 of the next year, a report an affidavit
with the administrator prior to any purchase, specifying the
types of new furniture purchased to be bought, the quantities
of each type of new furniture, the cost per type, and the total
cost per category. The report affidavit shall also clearly
state why the furniture was must be purchased new as opposed to
obtained from the administrator's surplus. The reports
affidavits shall be made available by the administrator for
public inspection and copying.
This Section applies only to the purchase of an item of
furniture with a purchase price of $1,500 $500 or more.
(Source: P.A. 88-515; 88-656, eff. 9-16-94.)

Section 2-15. The Counties Code is amended by changing
Sections 5-1022 and 6-1003 as follows:
(55 ILCS 5/5-1022)
Sec. 5-1022. Competitive bids.
(a) Any purchase by a county with fewer than 2,000,000
inhabitants, or an elected official in a county with fewer
than 2,000,000 inhabitants, including an elected official with
control of the internal operations of the office, of services,
materials, equipment, or supplies in excess of $30,000, other
than professional services, shall be contracted for in one of
the following ways:
(1) by a contract let to the lowest responsible bidder
after advertising for bids in a newspaper published within
the county or, if no newspaper is published within the
county, then a newspaper having general circulation within
the county; or
(2) by a contract let without advertising for bids in
the case of an emergency if authorized by the county
board; or .
(3) by a contract let without advertising for bids in
the case of the expedited replacement of a disabled,
inoperable, or damaged patrol vehicle of the sheriff's
department if authorized by the county board.
(b) In determining the lowest responsible bidder, the

county board shall take into consideration the qualities of
the articles supplied; their conformity with the
specifications; their suitability to the requirements of the
county; the availability of support services; the uniqueness
of the service, materials, equipment, or supplies as it
applies to networked, integrated computer systems; the
compatibility to existing equipment; and the delivery terms.
In addition, the county board may take into consideration the
bidder's active participation in an applicable apprenticeship
program registered with the United States Department of Labor.
The county board also may take into consideration whether a
bidder is a private enterprise or a State-controlled
enterprise and, notwithstanding any other provision of this
Section or a lower bid by a State-controlled enterprise, may
let a contract to the lowest responsible bidder that is a
private enterprise.
(c) This Section does not apply to contracts by a county
with the federal government or to purchases of used equipment,
purchases at auction or similar transactions which by their
very nature are not suitable to competitive bids, pursuant to
an ordinance adopted by the county board.
(d) Notwithstanding the provisions of this Section, a
county may let without advertising for bids in the case of
purchases and contracts, when individual orders do not exceed
$35,000, for the use, purchase, delivery, movement, or
installation of data processing equipment, software, or

services and telecommunications and inter-connect equipment,
software, and services.
(e) A county may require, as a condition of any contract
for goods and services, that persons awarded a contract with
the county and all affiliates of the person collect and remit
Illinois Use Tax on all sales of tangible personal property
into the State of Illinois in accordance with the provisions
of the Illinois Use Tax Act regardless of whether the person or
affiliate is a "retailer maintaining a place of business
within this State" as defined in Section 2 of the Use Tax Act.
For purposes of this subsection (e), the term "affiliate"
means any entity that (1) directly, indirectly, or
constructively controls another entity, (2) is directly,
indirectly, or constructively controlled by another entity, or
(3) is subject to the control of a common entity. For purposes
of this subsection (e), an entity controls another entity if
it owns, directly or individually, more than 10% of the voting
securities of that entity. As used in this subsection (e), the
term "voting security" means a security that (1) confers upon
the holder the right to vote for the election of members of the
board of directors or similar governing body of the business
or (2) is convertible into, or entitles the holder to receive
upon its exercise, a security that confers such a right to
vote. A general partnership interest is a voting security.
(f) Bids submitted to, and contracts executed by, the
county may require a certification by the bidder or contractor

that the bidder or contractor is not barred from bidding for or
entering into a contract under this Section and that the
bidder or contractor acknowledges that the county may declare
the contract void if the certification completed pursuant to
this subsection (f) is false.
(Source: P.A. 103-14, eff. 1-1-24; 103-286, eff. 7-28-23;
revised 12-12-23.)
(55 ILCS 5/6-1003) (from Ch. 34, par. 6-1003)
Sec. 6-1003. Further appropriations barred; transfers.
After the adoption of the county budget, no further
appropriations shall be made at any other time during such
fiscal year, except as provided in this Division.
Appropriations in excess of those authorized by the budget in
order to meet an immediate emergency may be made at any meeting
of the board by a two-thirds vote of all the members
constituting such board, the vote to be taken by ayes and nays
and entered on the record of the meeting. After the adoption of
the county budget, transfers of appropriations may be made
without a vote of the board; however, transfers of
appropriations affecting personnel and capital may be made at
any meeting of the board by a two-thirds vote of all the
members constituting such board, the vote to be taken by ayes
and nays and entered on the record of the meeting, provided for
any type of transfer that the total amount appropriated for
the fund is not affected.

This Section applies to all elected officials, including
elected officials with control of the internal operations of
their office.
(Source: P.A. 99-356, eff. 8-13-15; 99-642, eff. 7-28-16.)
ARTICLE 3.
Section 3-5. The Department of Natural Resources Act is
amended by changing Section 1-20 and by adding Section 1-50 as
follows:
(20 ILCS 801/1-20)
Sec. 1-20. Real property. The Department has the power:
(a) To transfer jurisdiction of any realty under the
control of the Department to any other Department of the State
Government, or to any authority, commission or other agency of
the State, and to acquire or accept federal lands, when such
transfer, acquisition or acceptance is advantageous to the
State and is approved in writing by the Governor.
(b) To lease, from time to time, any land or property, with
or without appurtenances, of which the Department has
jurisdiction, and which are not immediately to be used or
developed by the State; provided that no such lease be for a
longer period of time than that in which it can reasonably be
expected the State will not have use for such property, and
further provided that no such lease be for a longer period of

time than 10 5 years.
(c) To lease any land or property over which the
Department has jurisdiction for the purpose of creating,
operating, or maintaining a commercial solar energy system, as
defined in Section 10-720 of the Property Tax Code, or a clean
energy project, as defined in the Department of Natural
Resources (Conservation) Law of the Civil Administrative Code
of Illinois. A lease under this subsection (c) shall not be for
a period longer than 40 years. The Department shall
competitively bid any project authorized pursuant to this
subsection (c) pursuant to the requirements of Section 20-15
and subsections (c) and (f) of Section 20-10 of the Illinois
Procurement Code. No person or business shall submit
specifications to the Department pursuant to this subsection
(c) unless requested to do so by an employee of the State. No
person or business who contracts with a State agency to write
specifications for any project pursuant to this subsection (c)
shall submit a bid or proposal, review or evaluate any
prospective proposals from the competitive bidding process, or
receive a contract for any project issued pursuant to this
subsection (c). If practical, the Department shall require
that any land or property over which the Department has
jurisdiction and that is used for the purpose of creating,
operating, or maintaining a commercial solar energy system
shall have implemented on it and maintained management
practices that would qualify the land or property as a

beneficial habitat under the Pollinator-Friendly Solar Site
Act. The Department shall prioritize commercial solar energy
system sites based on their suitability and economic
feasibility for solar use. The Department shall then
prioritize commercial solar energy system sites with a
significant history of disturbance, such as former strip mines
or previously developed sites. The Department may consider any
land use that is lost from the installation of a commercial
solar energy system in making a determination regarding the
suitability of a site. At least 60 days before entering into a
lease for a commercial solar energy system under this
subsection (c), the Department shall post in the Illinois
Register and on the Department's website notice of the
Department's intent to enter into the lease and shall provide
a copy of the notice to a municipality if the leased area is
located within the borders of the municipality. The notice
shall include the specific location and size of the proposed
commercial solar energy system. The Department shall consider
and respond to all public comments regarding the posting that
are received by the Department within 30 days of the posting.
(Source: P.A. 89-445, eff. 2-7-96.)
(20 ILCS 801/1-50 new)
Sec. 1-50. Administrative rules. The Department of Natural
Resources may adopt rules necessary to carry out its duties
under this Act.

Section 3-10. The Department of Natural Resources
(Conservation) Law of the Civil Administrative Code of
Illinois is amended by changing Sections 805-5, 805-230, and
805-235 and by adding Sections 805-280 and 805-580 as follows:
(20 ILCS 805/805-5)
Sec. 805-5. Definitions. In this Law:
"Clean energy" means energy that is generated, by design
or operation, in a manner that is substantially free of carbon
dioxide emissions or in a manner that otherwise contributes to
the reduction in emissions of environmentally hazardous
materials or reduces the volume of environmentally dangerous
materials.
"Clean energy project" means a project that is undertaken
to acquire, construct, refurbish, create, develop, or
redevelop any facility, equipment, machinery, or real or
personal property and that will aid, assist, or encourage the
development or implementation of clean energy in the State.
"Department" means the Department of Natural Resources.
"Director" means the Director of Natural Resources.
(Source: P.A. 91-239, eff. 1-1-00.)
(20 ILCS 805/805-230) (was 20 ILCS 805/63a18)
Sec. 805-230. Developing recreational areas. The
Department has the power to lease from individuals,

corporations, or any other form of private ownership, from any
municipality, public corporation, or political subdivision of
this State, or from the United States any lands or waters for
the purpose of developing outdoor recreational areas for
public use and to acquire all necessary property or
rights-of-way for the purposes of ingress or egress to those
lands and waters and to construct buildings and other
recreational facilities, including roadways, bridges, and
parking areas, commercial solar energy systems, and clean
energy projects that the Department deems necessary or
desirable for maximum utilization of recreational facilities
for public use of the areas.
(Source: P.A. 91-239, eff. 1-1-00.)
(20 ILCS 805/805-235) (was 20 ILCS 805/63a6)
Sec. 805-235. Lease of lands acquired by the Department;
disposition of obsolete buildings. The Department has the
power to do and perform each and every act or thing considered
by the Director to be necessary or desirable to fulfill and
carry out the intent and purpose of all laws pertaining to the
Department, including the right to rehabilitate or sell at
public auction buildings or structures affixed to lands over
which the Department has acquired jurisdiction when in the
judgment of the Director those buildings or structures are
obsolete, inadequate, or unusable for the purposes of the
Department and to lease those lands with or without

appurtenances for a consideration in money or in kind for a
period of time not in excess of 10 5 years for the purposes and
upon the terms and conditions that the Director considers to
be in the best interests of the State when those lands are not
immediately to be used or developed by the State. All those
sales shall be made subject to the written approval of the
Governor. The funds derived from those sales and from those
leases shall be deposited in the State Parks Fund, except that
funds derived from those sales and from those leases on lands
managed and operated principally as wildlife or fisheries
areas by the Department shall be deposited in the Wildlife and
Fish Fund.
(Source: P.A. 91-239, eff. 1-1-00.)
(20 ILCS 805/805-280 new)
Sec. 805-280. Leases for the purpose of creating,
operating, or maintaining a commercial solar energy system or
clean energy project. The Department may lease any land or
property over which the Department has jurisdiction for the
purpose of creating, operating, or maintaining a commercial
solar energy system, as defined in Section 10-720 of the
Property Tax Code, or a clean energy project. The lease shall
not be for a period longer than 40 years. The Department shall
competitively bid any project authorized pursuant to this
Section pursuant to the requirements of Section 20-15, and
subsections (c) and (f) of Section 20-10 of the Illinois

Procurement Code. No person or business shall submit
specifications to the Department pursuant to this Section
unless requested to do so by an employee of the State. No
person or business who contracts with a State agency to write
specifications for any project pursuant to this Section shall
submit a bid or proposal, review or evaluate any prospective
proposals from the competitive bidding process, or receive a
contract for any project issued pursuant to this Section. The
Department shall require that any lease must provide for a
signed project labor agreement for the length of the lease
term. A project labor agreement entered into under this
Section shall be entered into with the local building and
construction trades council having geographic jurisdiction
over the project. If practical, the Department shall require
that any land or property over which the Department has
jurisdiction that is used for the purpose of creating,
operating, or maintaining a commercial solar energy system
shall have implemented on it and maintained management
practices that would qualify the land or property as a
beneficial habitat under the Pollinator-Friendly Solar Site
Act. The Department shall require that any lease must include
a signed project labor agreement for the length of the lease
term. The Department shall prioritize commercial solar energy
system sites based on their suitability and economic
feasibility for solar use. The Department shall then
prioritize commercial solar energy system sites with a

significant history of disturbance, such as former strip mines
or previously developed sites. The Department may consider any
land use that is lost from the installation of a commercial
solar energy system in making a determination for the
suitability of a site.
(20 ILCS 805/805-580 new)
Sec. 805-580. Electric vehicle charging stations.
(a) The Department may provide for at least one electric
vehicle charging station, as defined in the Electric Vehicle
Act, at any State park or other real property that is owned by
the Department where electrical service will reasonably
permit. The Department is authorized to charge user fees for
the use of such electric vehicle charging stations.
(b) The Department may adopt and publish specifications
detailing the kind and type of electric vehicle charging
stations to be provided and may adopt rules governing the fees
for use of electric vehicle charging stations at State parks
or other real property that is owned by the Department.
Section 3-15. The State Parks Act is amended by changing
Sections 2, 3, 3a, and 4 as follows:
(20 ILCS 835/2) (from Ch. 105, par. 466)
Sec. 2. It shall be the policy of the State of Illinois to
acquire a system of State parks which shall embody the

following purposes and objectives:
(1) To preserve the most important historic sites and
events that which are connected with the peoples who are
geographically and culturally affiliated to the land now
known as the State of Illinois early pioneer or Indian
history, so that their such history of the Indians,
explorers, missionaries and settlers may be preserved, not
only as a tribute to those peoples that came before us who
made possible the building of the State of Illinois and of
the Union, but also as a part of the education of present
and future Illinois citizens.
(2) To set aside as public reservations those
locations which have unusual scenic attractions caused by
geologic or topographic formations, such as canyons,
gorges, caves, dunes, beaches, moraines, palisades,
examples of Illinois prairie, and points of scientific
interest to botanists and naturalists. These areas should
be large in size and whenever practicable shall be not
less than 1,000 acres in extent. However, smaller areas
may be acquired wherever conditions do not warrant the
acquisition of the larger acreage.
(3) To preserve large forested areas and marginal
lands along the rivers, small water courses, and lakes for
a recreation use different from that given by the typical
city park, and so that these tracts may remain unchanged
by civilization, so far as possible, and be kept for

future generations. Such areas also, should be acquired in
units of 1,000 acres or more and may be available as fish
and game preserves. However, smaller areas may be acquired
wherever conditions do not warrant the acquisition of the
larger acreage.
(4) To connect these parks with each other by a system
of scenic parkways with widths varying from 100 to 1,000
feet, as a supplement to and completion of the State
highway system. Where the present State highway routes may
serve this purpose, their location, alignment and design
should be studied with this plan in view. At suitable
locations along these highways, pure water supplies and
shelters and comfort facilities of attractive design may
be installed for the convenience of the public.
The Department of Natural Resources is authorized on in
behalf of the State of Illinois to accept by donation or
bequest, to purchase or acquire by condemnation proceedings in
the manner provided for the exercise of the power of eminent
domain under the Eminent Domain Act, or by contract for deed
payable over a period of time not to exceed 10 years, or in any
other legal manner, the title to all such lands, waters or
regions, and the easements appurtenant or contributory
thereto, which shall be in accord with such policy in respect
to a system of State parks, for the purpose of which the
General Assembly may make an appropriation. Purchases by
contract for deed under this Section shall not exceed

$20,000,000 in total purchase price for land under contract at
any one given time.
(Source: P.A. 94-1055, eff. 1-1-07.)
(20 ILCS 835/3) (from Ch. 105, par. 467)
Sec. 3. (a) As used in this Section, "artificial
landscaping" does not include any landscaping or other site
modification or use resulting from any lease entered into by
the Department of Natural Resources for the creation,
operation, or maintenance of a commercial solar energy system,
as defined in Section 10-720 of the Property Tax Code, or a
clean energy project, as defined in the Department of Natural
Resources (Conservation) Law of the Civil Administrative Code
of Illinois. Instead, these site modifications and uses are
hereby deemed to support conservation of the original
character of the parks.
(b) In maintaining the State parks, the Department of
Natural Resources shall conserve the original character as
distinguished from the artificial landscaping of such parks.
(Source: P.A. 89-445, eff. 2-7-96.)
(20 ILCS 835/3a) (from Ch. 105, par. 467a)
Sec. 3a. The Department of Natural Resources shall not
dispose of any portion of a State park except as specifically
authorized by law. This prohibition shall not restrict the
Department from conveyance of easements, leases, and other

lesser interests in land.
(Source: P.A. 89-445, eff. 2-7-96.)
(20 ILCS 835/4) (from Ch. 105, par. 468)
Sec. 4. The Department of Natural Resources has the power:
(1) To make rules and regulations necessary to carry out
its duties under this Act, including rules and regulations for
the use, care, improvement, control and administration of
lands under its jurisdiction, and to enforce the same.
(2) To employ such custodians, keepers, clerks,
assistants, laborers and subordinates as may be necessary to
carry out the provisions of this Act.
(3) To lay out, construct and maintain all needful roads,
parking areas, paths or trails, bridges, and docks, camp or
lodge sites, picnic areas, beach houses, lodges and cabins and
any other structures and improvements necessary and
appropriate in any state park or easement thereto; and to
provide water supplies, heat and light, and sanitary
facilities for the public and living quarters for the
custodians and keepers of state parks.
(4) To replant any devastated native plant areas of any
State park or increase or supplement the same when necessary
with plant material indigenous to such park.
(5) To cooperate with the United States government and
with other states in matters relating to the care,
improvement, control and administration of national or

interstate parks.
(6) To cooperate and contract with any agency,
organization or individual in a manner consistent with the
purposes of this Act and the powers granted the Department
herein.
(7) To accept and administer gifts, grants and legacies of
money, securities or property to be used by the Department of
Natural Resources for the purposes of this Act and according
to the tenor of such gift, grant or legacy.
(8) To enter into leases that allow for the creation,
operation, or maintenance of a commercial solar energy system,
as defined in Section 10-720 of the Property Tax Code, or a
clean energy project, as defined in the Department of Natural
Resources (Conservation) Law of the Civil Administrative Code
of Illinois. If practical, the Department shall require that
any land or property over which the Department has
jurisdiction that is used for the purpose of creating,
operating, or maintaining a commercial solar energy system
shall have implemented on it and maintained management
practices that would qualify the land or property as a
beneficial habitat under the Pollinator-Friendly Solar Site
Act. The Department shall require that any lease must include
a signed project labor agreement for the length of the lease
term. A project labor agreement entered into under this
Section shall be entered into with the local building and
construction trades council having geographic jurisdiction

over the project. The Department shall prioritize commercial
solar energy system sites based on their suitability and
economic feasibility for solar use. The Department shall then
prioritize commercial solar energy system sites with a
significant history of disturbance, such as former strip mines
or previously developed sites. In making a determination for
the suitability of a site, the Department may consider any
land use that is lost from the installation of a commercial
solar energy system.
(Source: P.A. 89-445, eff. 2-7-96.)
ARTICLE 5.
Section 5-5. The Illinois Procurement Code is amended by
changing Section 20-60 as follows:
(30 ILCS 500/20-60)
Sec. 20-60. Duration of contracts.
(a) Maximum duration. A contract may be entered into for
any period of time deemed to be in the best interests of the
State but not exceeding 10 years inclusive, beginning January
1, 2010, of proposed contract renewals; provided, however, in
connection with the issuance of certificates of participation
or bonds, the governing board of a public institution of
higher education may enter into contracts in excess of 10
years but not to exceed 30 years for the purpose of financing

or refinancing real or personal property. Third parties may
lease State-owned communications infrastructure, including
dark fiber networks, conduit, and excess communication tower
capacity, for any period of time deemed to be in the best
interest of the State, but not exceeding 20 years. The length
of a lease for real property or capital improvements shall be
in accordance with the provisions of Section 40-25. The length
of energy conservation program contracts or energy savings
contracts or leases shall be in accordance with the provisions
of Section 25-45. A contract for bond or mortgage insurance
awarded by the Illinois Housing Development Authority,
however, may be entered into for any period of time less than
or equal to the maximum period of time that the subject bond or
mortgage may remain outstanding.
(b) Subject to appropriation. All contracts made or
entered into shall recite that they are subject to termination
and cancellation in any year for which the General Assembly
fails to make an appropriation to make payments under the
terms of the contract.
(c) The chief procurement officer shall file a proposed
extension or renewal of a contract with the Procurement Policy
Board and the Commission on Equity and Inclusion prior to
entering into any extension or renewal if the cost associated
with the extension or renewal exceeds $249,999. The
Procurement Policy Board or the Commission on Equity and
Inclusion may object to the proposed extension or renewal

within 14 calendar days and require a hearing before the Board
or the Commission on Equity and Inclusion prior to entering
into the extension or renewal. If the Procurement Policy Board
or the Commission on Equity and Inclusion does not object
within 14 calendar days or takes affirmative action to
recommend the extension or renewal, the chief procurement
officer may enter into the extension or renewal of a contract.
This subsection does not apply to any emergency procurement,
any procurement under Article 40, or any procurement exempted
by Section 1-10(b) of this Code. If any State agency contract
is paid for in whole or in part with federal-aid funds, grants,
or loans and the provisions of this subsection would result in
the loss of those federal-aid funds, grants, or loans, then
the contract is exempt from the provisions of this subsection
in order to remain eligible for those federal-aid funds,
grants, or loans, and the State agency shall file notice of
this exemption with the Procurement Policy Board or the
Commission on Equity and Inclusion prior to entering into the
proposed extension or renewal. Nothing in this subsection
permits a chief procurement officer to enter into an extension
or renewal in violation of subsection (a). By August 1 each
year, the Procurement Policy Board and the Commission on
Equity and Inclusion shall each file a report with the General
Assembly identifying for the previous fiscal year (i) the
proposed extensions or renewals that were filed and whether
such extensions and renewals were objected to and (ii) the

contracts exempt from this subsection.
(d) Notwithstanding the provisions of subsection (a) of
this Section, the Department of Innovation and Technology may
enter into leases for dark fiber networks for any period of
time deemed to be in the best interests of the State but not
exceeding 20 years inclusive. The Department of Innovation and
Technology may lease dark fiber networks from third parties
only for the primary purpose of providing services (i) to the
offices of Governor, Lieutenant Governor, Attorney General,
Secretary of State, Comptroller, or Treasurer and State
agencies, as defined under Section 5-15 of the Civil
Administrative Code of Illinois or (ii) for anchor
institutions, as defined in Section 7 of the Illinois Century
Network Act. Dark fiber network lease contracts shall be
subject to all other provisions of this Code and any
applicable rules or requirements, including, but not limited
to, publication of lease solicitations, use of standard State
contracting terms and conditions, and approval of vendor
certifications and financial disclosures.
(e) As used in this Section, "dark fiber network" means a
network of fiber optic cables laid but currently unused by a
third party that the third party is leasing for use as network
infrastructure.
(f) No vendor shall be eligible for renewal of a contract
when that vendor has failed to meet the goals agreed to in the
vendor's utilization plan, as defined in Section 2 of the

Business Enterprise for Minorities, Women, and Persons with
Disabilities Act, unless the State agency or public
institution of higher education has determined that the vendor
made good faith efforts toward meeting the contract goals. If
the State agency or public institution of higher education
determines that the vendor made good faith efforts, the agency
or public institution of higher education may issue a waiver
after concurrence by the chief procurement officer, which
shall not be unreasonably withheld or impair a State agency
determination to execute the renewal. The form and content of
the waiver shall be prescribed by each chief procurement
officer, but shall not impair a State agency or public
institution of higher education determination to execute the
renewal. The chief procurement officer shall post the
completed form on his or her official website within 5
business days after receipt from the State agency or public
institution of higher education. The chief procurement officer
shall maintain on his or her official website a database of
waivers granted under this Section with respect to contracts
under his or her jurisdiction. The database shall be updated
periodically and shall be searchable by contractor name and by
contracting State agency or public institution of higher
education.
(Source: P.A. 102-29, eff. 6-25-21; 102-721, eff. 1-1-23;
103-570, eff. 1-1-24.)

ARTICLE 7.
Section 7-5. The Illinois Procurement Code is amended by
adding Section 45-46 as follows:
(30 ILCS 500/45-46 new)
Sec. 45-46. Mid-size businesses.
(a) As used in the Section, "mid-size business" means a
business that is independently owned and operated and that is
not dominant in its field of operation. "Mid-size business"
includes a construction business with annual sales and
receipts in excess of $14,000,000 but not over $45,000,000.
(a-5) This Section applies only to construction-related
procurements for the Illinois State Toll Highway Authority.
(b) The chief procurement officer shall adopt rules to
establish additional criteria to designate mid-size businesses
for the purposes of the mid-size business set-asides described
in subsection (c), including the number of employees and
annual sales and receipts of the business. When computing the
size status of a potential contractor, annual sales and
receipts of the potential contractor and all of its affiliates
shall be included. The maximum number of employees and the
maximum annual sales and receipts that a mid-size business may
have under the rules adopted by the chief procurement officer
may vary from industry to industry, to the extent necessary to
reflect differing characteristics of those industries, subject

to the limitation that no business shall qualify as a mid-size
business if its annual sales and receipts exceed $45,000,000.
(c) The applicable chief procurement officer shall
designate a fair proportion, as determined by the applicable
chief procurement officer in consultation with the Illinois
State Toll Highway Authority, of construction,
construction-related, and construction support contracts as
mid-size business set-asides for award to mid-size businesses
in Illinois. Advertisements for bids or offers for these
contracts shall specify designation as mid-size business
set-asides. In awarding the contracts, only bids or offers
from qualified mid-size businesses shall be considered. The
Illinois State Toll Highway Authority shall prepare an annual
report setting forth the use of this Section during the
preceding fiscal year and shall provide that report to the
applicable chief procurement officer no later than March 1 of
each calendar year. This Section is repealed 5 years after the
effective date of this Section.
ARTICLE 10.
Section 10-5. The Freedom of Information Act is amended by
changing Section 7 as follows:
(5 ILCS 140/7)
Sec. 7. Exemptions.

(1) When a request is made to inspect or copy a public
record that contains information that is exempt from
disclosure under this Section, but also contains information
that is not exempt from disclosure, the public body may elect
to redact the information that is exempt. The public body
shall make the remaining information available for inspection
and copying. Subject to this requirement, the following shall
be exempt from inspection and copying:
(a) Information specifically prohibited from
disclosure by federal or State law or rules and
regulations implementing federal or State law.
(b) Private information, unless disclosure is required
by another provision of this Act, a State or federal law,
or a court order.
(b-5) Files, documents, and other data or databases
maintained by one or more law enforcement agencies and
specifically designed to provide information to one or
more law enforcement agencies regarding the physical or
mental status of one or more individual subjects.
(c) Personal information contained within public
records, the disclosure of which would constitute a
clearly unwarranted invasion of personal privacy, unless
the disclosure is consented to in writing by the
individual subjects of the information. "Unwarranted
invasion of personal privacy" means the disclosure of
information that is highly personal or objectionable to a

reasonable person and in which the subject's right to
privacy outweighs any legitimate public interest in
obtaining the information. The disclosure of information
that bears on the public duties of public employees and
officials shall not be considered an invasion of personal
privacy.
(d) Records in the possession of any public body
created in the course of administrative enforcement
proceedings, and any law enforcement or correctional
agency for law enforcement purposes, but only to the
extent that disclosure would:
(i) interfere with pending or actually and
reasonably contemplated law enforcement proceedings
conducted by any law enforcement or correctional
agency that is the recipient of the request;
(ii) interfere with active administrative
enforcement proceedings conducted by the public body
that is the recipient of the request;
(iii) create a substantial likelihood that a
person will be deprived of a fair trial or an impartial
hearing;
(iv) unavoidably disclose the identity of a
confidential source, confidential information
furnished only by the confidential source, or persons
who file complaints with or provide information to
administrative, investigative, law enforcement, or

penal agencies; except that the identities of
witnesses to traffic crashes, traffic crash reports,
and rescue reports shall be provided by agencies of
local government, except when disclosure would
interfere with an active criminal investigation
conducted by the agency that is the recipient of the
request;
(v) disclose unique or specialized investigative
techniques other than those generally used and known
or disclose internal documents of correctional
agencies related to detection, observation, or
investigation of incidents of crime or misconduct, and
disclosure would result in demonstrable harm to the
agency or public body that is the recipient of the
request;
(vi) endanger the life or physical safety of law
enforcement personnel or any other person; or
(vii) obstruct an ongoing criminal investigation
by the agency that is the recipient of the request.
(d-5) A law enforcement record created for law
enforcement purposes and contained in a shared electronic
record management system if the law enforcement agency
that is the recipient of the request did not create the
record, did not participate in or have a role in any of the
events which are the subject of the record, and only has
access to the record through the shared electronic record

management system.
(d-6) Records contained in the Officer Professional
Conduct Database under Section 9.2 of the Illinois Police
Training Act, except to the extent authorized under that
Section. This includes the documents supplied to the
Illinois Law Enforcement Training Standards Board from the
Illinois State Police and Illinois State Police Merit
Board.
(d-7) Information gathered or records created from the
use of automatic license plate readers in connection with
Section 2-130 of the Illinois Vehicle Code.
(e) Records that relate to or affect the security of
correctional institutions and detention facilities.
(e-5) Records requested by persons committed to the
Department of Corrections, Department of Human Services
Division of Mental Health, or a county jail if those
materials are available in the library of the correctional
institution or facility or jail where the inmate is
confined.
(e-6) Records requested by persons committed to the
Department of Corrections, Department of Human Services
Division of Mental Health, or a county jail if those
materials include records from staff members' personnel
files, staff rosters, or other staffing assignment
information.
(e-7) Records requested by persons committed to the

Department of Corrections or Department of Human Services
Division of Mental Health if those materials are available
through an administrative request to the Department of
Corrections or Department of Human Services Division of
Mental Health.
(e-8) Records requested by a person committed to the
Department of Corrections, Department of Human Services
Division of Mental Health, or a county jail, the
disclosure of which would result in the risk of harm to any
person or the risk of an escape from a jail or correctional
institution or facility.
(e-9) Records requested by a person in a county jail
or committed to the Department of Corrections or
Department of Human Services Division of Mental Health,
containing personal information pertaining to the person's
victim or the victim's family, including, but not limited
to, a victim's home address, home telephone number, work
or school address, work telephone number, social security
number, or any other identifying information, except as
may be relevant to a requester's current or potential case
or claim.
(e-10) Law enforcement records of other persons
requested by a person committed to the Department of
Corrections, Department of Human Services Division of
Mental Health, or a county jail, including, but not
limited to, arrest and booking records, mug shots, and

crime scene photographs, except as these records may be
relevant to the requester's current or potential case or
claim.
(f) Preliminary drafts, notes, recommendations,
memoranda, and other records in which opinions are
expressed, or policies or actions are formulated, except
that a specific record or relevant portion of a record
shall not be exempt when the record is publicly cited and
identified by the head of the public body. The exemption
provided in this paragraph (f) extends to all those
records of officers and agencies of the General Assembly
that pertain to the preparation of legislative documents.
(g) Trade secrets and commercial or financial
information obtained from a person or business where the
trade secrets or commercial or financial information are
furnished under a claim that they are proprietary,
privileged, or confidential, and that disclosure of the
trade secrets or commercial or financial information would
cause competitive harm to the person or business, and only
insofar as the claim directly applies to the records
requested.
The information included under this exemption includes
all trade secrets and commercial or financial information
obtained by a public body, including a public pension
fund, from a private equity fund or a privately held
company within the investment portfolio of a private

equity fund as a result of either investing or evaluating
a potential investment of public funds in a private equity
fund. The exemption contained in this item does not apply
to the aggregate financial performance information of a
private equity fund, nor to the identity of the fund's
managers or general partners. The exemption contained in
this item does not apply to the identity of a privately
held company within the investment portfolio of a private
equity fund, unless the disclosure of the identity of a
privately held company may cause competitive harm.
Nothing contained in this paragraph (g) shall be
construed to prevent a person or business from consenting
to disclosure.
(h) Proposals and bids for any contract, grant, or
agreement, including information which if it were
disclosed would frustrate procurement or give an advantage
to any person proposing to enter into a contractor
agreement with the body, until an award or final selection
is made. Information prepared by or for the body in
preparation of a bid solicitation shall be exempt until an
award or final selection is made.
(i) Valuable formulae, computer geographic systems,
designs, drawings, and research data obtained or produced
by any public body when disclosure could reasonably be
expected to produce private gain or public loss. The
exemption for "computer geographic systems" provided in

this paragraph (i) does not extend to requests made by
news media as defined in Section 2 of this Act when the
requested information is not otherwise exempt and the only
purpose of the request is to access and disseminate
information regarding the health, safety, welfare, or
legal rights of the general public.
(j) The following information pertaining to
educational matters:
(i) test questions, scoring keys, and other
examination data used to administer an academic
examination;
(ii) information received by a primary or
secondary school, college, or university under its
procedures for the evaluation of faculty members by
their academic peers;
(iii) information concerning a school or
university's adjudication of student disciplinary
cases, but only to the extent that disclosure would
unavoidably reveal the identity of the student; and
(iv) course materials or research materials used
by faculty members.
(k) Architects' plans, engineers' technical
submissions, and other construction related technical
documents for projects not constructed or developed in
whole or in part with public funds and the same for
projects constructed or developed with public funds,

including, but not limited to, power generating and
distribution stations and other transmission and
distribution facilities, water treatment facilities,
airport facilities, sport stadiums, convention centers,
and all government owned, operated, or occupied buildings,
but only to the extent that disclosure would compromise
security.
(l) Minutes of meetings of public bodies closed to the
public as provided in the Open Meetings Act until the
public body makes the minutes available to the public
under Section 2.06 of the Open Meetings Act.
(m) Communications between a public body and an
attorney or auditor representing the public body that
would not be subject to discovery in litigation, and
materials prepared or compiled by or for a public body in
anticipation of a criminal, civil, or administrative
proceeding upon the request of an attorney advising the
public body, and materials prepared or compiled with
respect to internal audits of public bodies.
(n) Records relating to a public body's adjudication
of employee grievances or disciplinary cases; however,
this exemption shall not extend to the final outcome of
cases in which discipline is imposed.
(o) Administrative or technical information associated
with automated data processing operations, including, but
not limited to, software, operating protocols, computer

program abstracts, file layouts, source listings, object
modules, load modules, user guides, documentation
pertaining to all logical and physical design of
computerized systems, employee manuals, and any other
information that, if disclosed, would jeopardize the
security of the system or its data or the security of
materials exempt under this Section.
(p) Records relating to collective negotiating matters
between public bodies and their employees or
representatives, except that any final contract or
agreement shall be subject to inspection and copying.
(q) Test questions, scoring keys, and other
examination data used to determine the qualifications of
an applicant for a license or employment.
(r) The records, documents, and information relating
to real estate purchase negotiations until those
negotiations have been completed or otherwise terminated.
With regard to a parcel involved in a pending or actually
and reasonably contemplated eminent domain proceeding
under the Eminent Domain Act, records, documents, and
information relating to that parcel shall be exempt except
as may be allowed under discovery rules adopted by the
Illinois Supreme Court. The records, documents, and
information relating to a real estate sale shall be exempt
until a sale is consummated.
(s) Any and all proprietary information and records

related to the operation of an intergovernmental risk
management association or self-insurance pool or jointly
self-administered health and accident cooperative or pool.
Insurance or self-insurance (including any
intergovernmental risk management association or
self-insurance pool) claims, loss or risk management
information, records, data, advice, or communications.
(t) Information contained in or related to
examination, operating, or condition reports prepared by,
on behalf of, or for the use of a public body responsible
for the regulation or supervision of financial
institutions, insurance companies, or pharmacy benefit
managers, unless disclosure is otherwise required by State
law.
(u) Information that would disclose or might lead to
the disclosure of secret or confidential information,
codes, algorithms, programs, or private keys intended to
be used to create electronic signatures under the Uniform
Electronic Transactions Act.
(v) Vulnerability assessments, security measures, and
response policies or plans that are designed to identify,
prevent, or respond to potential attacks upon a
community's population or systems, facilities, or
installations, but only to the extent that disclosure
could reasonably be expected to expose the vulnerability
or jeopardize the effectiveness of the measures, policies,

or plans, or the safety of the personnel who implement
them or the public. Information exempt under this item may
include such things as details pertaining to the
mobilization or deployment of personnel or equipment, to
the operation of communication systems or protocols, to
cybersecurity vulnerabilities, or to tactical operations.
(w) (Blank).
(x) Maps and other records regarding the location or
security of generation, transmission, distribution,
storage, gathering, treatment, or switching facilities
owned by a utility, by a power generator, or by the
Illinois Power Agency.
(y) Information contained in or related to proposals,
bids, or negotiations related to electric power
procurement under Section 1-75 of the Illinois Power
Agency Act and Section 16-111.5 of the Public Utilities
Act that is determined to be confidential and proprietary
by the Illinois Power Agency or by the Illinois Commerce
Commission.
(z) Information about students exempted from
disclosure under Section 10-20.38 or 34-18.29 of the
School Code, and information about undergraduate students
enrolled at an institution of higher education exempted
from disclosure under Section 25 of the Illinois Credit
Card Marketing Act of 2009.
(aa) Information the disclosure of which is exempted

under the Viatical Settlements Act of 2009.
(bb) Records and information provided to a mortality
review team and records maintained by a mortality review
team appointed under the Department of Juvenile Justice
Mortality Review Team Act.
(cc) Information regarding interments, entombments, or
inurnments of human remains that are submitted to the
Cemetery Oversight Database under the Cemetery Care Act or
the Cemetery Oversight Act, whichever is applicable.
(dd) Correspondence and records (i) that may not be
disclosed under Section 11-9 of the Illinois Public Aid
Code or (ii) that pertain to appeals under Section 11-8 of
the Illinois Public Aid Code.
(ee) The names, addresses, or other personal
information of persons who are minors and are also
participants and registrants in programs of park
districts, forest preserve districts, conservation
districts, recreation agencies, and special recreation
associations.
(ff) The names, addresses, or other personal
information of participants and registrants in programs of
park districts, forest preserve districts, conservation
districts, recreation agencies, and special recreation
associations where such programs are targeted primarily to
minors.
(gg) Confidential information described in Section

1-100 of the Illinois Independent Tax Tribunal Act of
2012.
(hh) The report submitted to the State Board of
Education by the School Security and Standards Task Force
under item (8) of subsection (d) of Section 2-3.160 of the
School Code and any information contained in that report.
(ii) Records requested by persons committed to or
detained by the Department of Human Services under the
Sexually Violent Persons Commitment Act or committed to
the Department of Corrections under the Sexually Dangerous
Persons Act if those materials: (i) are available in the
library of the facility where the individual is confined;
(ii) include records from staff members' personnel files,
staff rosters, or other staffing assignment information;
or (iii) are available through an administrative request
to the Department of Human Services or the Department of
Corrections.
(jj) Confidential information described in Section
5-535 of the Civil Administrative Code of Illinois.
(kk) The public body's credit card numbers, debit card
numbers, bank account numbers, Federal Employer
Identification Number, security code numbers, passwords,
and similar account information, the disclosure of which
could result in identity theft or impression or defrauding
of a governmental entity or a person.
(ll) Records concerning the work of the threat

assessment team of a school district, including, but not
limited to, any threat assessment procedure under the
School Safety Drill Act and any information contained in
the procedure.
(mm) Information prohibited from being disclosed under
subsections (a) and (b) of Section 15 of the Student
Confidential Reporting Act.
(nn) Proprietary information submitted to the
Environmental Protection Agency under the Drug Take-Back
Act.
(oo) Records described in subsection (f) of Section
3-5-1 of the Unified Code of Corrections.
(pp) Any and all information regarding burials,
interments, or entombments of human remains as required to
be reported to the Department of Natural Resources
pursuant either to the Archaeological and Paleontological
Resources Protection Act or the Human Remains Protection
Act.
(qq) (pp) Reports described in subsection (e) of
Section 16-15 of the Abortion Care Clinical Training
Program Act.
(rr) (pp) Information obtained by a certified local
health department under the Access to Public Health Data
Act.
(ss) (pp) For a request directed to a public body that
is also a HIPAA-covered entity, all information that is

protected health information, including demographic
information, that may be contained within or extracted
from any record held by the public body in compliance with
State and federal medical privacy laws and regulations,
including, but not limited to, the Health Insurance
Portability and Accountability Act and its regulations, 45
CFR Parts 160 and 164. As used in this paragraph,
"HIPAA-covered entity" has the meaning given to the term
"covered entity" in 45 CFR 160.103 and "protected health
information" has the meaning given to that term in 45 CFR
160.103.
(tt) Proposals or bids submitted by engineering
consultants in response to requests for proposal or other
competitive bidding requests by the Department of
Transportation or the Illinois Toll Highway Authority.
(1.5) Any information exempt from disclosure under the
Judicial Privacy Act shall be redacted from public records
prior to disclosure under this Act.
(2) A public record that is not in the possession of a
public body but is in the possession of a party with whom the
agency has contracted to perform a governmental function on
behalf of the public body, and that directly relates to the
governmental function and is not otherwise exempt under this
Act, shall be considered a public record of the public body,
for purposes of this Act.
(3) This Section does not authorize withholding of

information or limit the availability of records to the
public, except as stated in this Section or otherwise provided
in this Act.
(Source: P.A. 102-38, eff. 6-25-21; 102-558, eff. 8-20-21;
102-694, eff. 1-7-22; 102-752, eff. 5-6-22; 102-753, eff.
1-1-23; 102-776, eff. 1-1-23; 102-791, eff. 5-13-22; 102-982,
eff. 7-1-23; 102-1055, eff. 6-10-22; 103-154, eff. 6-30-23;
103-423, eff. 1-1-24; 103-446, eff. 8-4-23; 103-462, eff.
8-4-23; 103-540, eff. 1-1-24; 103-554, eff. 1-1-24; revised
9-7-23.)
Section 10-10. The Illinois Procurement Code is amended by
changing Section 50-39 as follows:
(30 ILCS 500/50-39)
Sec. 50-39. Procurement communications reporting
requirement.
(a) Any written or oral communication received by a State
employee who, by the nature of his or her duties, has the
authority to participate personally and substantially in the
decision to award a State contract and that imparts or
requests material information or makes a material argument
regarding potential action concerning an active procurement
matter, including, but not limited to, an application, a
contract, or a project, shall be reported to the Procurement
Policy Board, and, with respect to the Illinois Power Agency,

by the initiator of the communication, and may be reported
also by the recipient.
Any person communicating orally, in writing,
electronically, or otherwise with the Director or any person
employed by, or associated with, the Illinois Power Agency to
impart, solicit, or transfer any information related to the
content of any power procurement plan, the manner of
conducting any power procurement process, the procurement of
any power supply, or the method or structure of contracting
with power suppliers must disclose to the Procurement Policy
Board the full nature, content, and extent of any such
communication in writing by submitting a report with the
following information:
(1) The names of any party to the communication.
(2) The date on which the communication occurred.
(3) The time at which the communication occurred.
(4) The duration of the communication.
(5) The method (written, oral, etc.) of the
communication.
(6) A summary of the substantive content of the
communication.
These communications do not include the following: (i)
statements by a person publicly made in a public forum; (ii)
statements regarding matters of procedure and practice, such
as format, the number of copies required, the manner of
filing, and the status of a matter; (iii) statements made by a

State employee of the agency to the agency head or other
employees of that agency, to the employees of the Executive
Ethics Commission, or to an employee of another State agency
who, through the communication, is either (a) exercising his
or her experience or expertise in the subject matter of the
particular procurement in the normal course of business, for
official purposes, and at the initiation of the purchasing
agency or the appropriate State purchasing officer, or (b)
exercising oversight, supervisory, or management authority
over the procurement in the normal course of business and as
part of official responsibilities; (iv) unsolicited
communications providing general information about a firm's
products or , services, or industry best practices provided
before those products or services are not directly related to
an open procurement matter become involved in a procurement
matter; (v) communications received in response to procurement
solicitations, including, but not limited to, vendor responses
to a request for information, request for proposal, request
for qualifications, invitation for bid, or a small purchase,
sole source, or emergency solicitation, or questions and
answers posted to the Illinois Procurement Bulletin to
supplement the procurement action, provided that the
communications are made in accordance with the instructions
contained in the procurement solicitation, procedures, or
guidelines; (vi) communications that are privileged,
protected, or confidential under law; and (vii) communications

that are part of a formal procurement process as set out by
statute, rule, or the solicitation, guidelines, or procedures,
including, but not limited to, the posting of procurement
opportunities, the process for approving a procurement
business case or its equivalent, fiscal approval, submission
of bids, the finalizing of contract terms and conditions with
an awardee or apparent awardee, and similar formal procurement
processes; and (viii) communications about proposal
deficiencies as provided under Section 35 of the
Architectural, Engineering, and Land Surveying Qualifications
Based Selection Act. The provisions of this Section shall not
apply to communications regarding the administration and
implementation of an existing contract, except communications
regarding change orders or the renewal or extension of a
contract.
The reporting requirement does not apply to any
communication asking for clarification regarding a contract
solicitation so long as there is no competitive advantage to
the person or business and the question and answer, if
material, are posted to the Illinois Procurement Bulletin as
an addendum to the contract solicitation.
(b) The report required by subsection (a) shall be
submitted monthly and include at least the following: (i) the
date and time of each communication; (ii) the identity of each
person from whom the written or oral communication was
received, the individual or entity represented by that person,

and any action the person requested or recommended; (iii) the
identity and job title of the person to whom each
communication was made; (iv) if a response is made, the
identity and job title of the person making each response; (v)
a detailed summary of the points made by each person involved
in the communication; (vi) the duration of the communication;
(vii) the location or locations of all persons involved in the
communication and, if the communication occurred by telephone,
the telephone numbers for the callers and recipients of the
communication; and (viii) any other pertinent information. No
trade secrets or other proprietary or confidential information
shall be included in any communication reported to the
Procurement Policy Board.
(c) Additionally, when an oral communication made by a
person required to register under the Lobbyist Registration
Act is received by a State employee that is covered under this
Section, all individuals who initiate or participate in the
oral communication shall submit a written report to that State
employee that memorializes the communication and includes, but
is not limited to, the items listed in subsection (b).
(d) The Procurement Policy Board shall make each report
submitted pursuant to this Section available on its website
within 7 calendar days after its receipt of the report. The
Procurement Policy Board may promulgate rules to ensure
compliance with this Section.
(e) The reporting requirements shall also be conveyed

through ethics training under the State Officials and
Employees Ethics Act. An employee who knowingly and
intentionally violates this Section shall be subject to
suspension or discharge. The Executive Ethics Commission shall
promulgate rules, including emergency rules, to implement this
Section.
(f) This Section becomes operative on January 1, 2011.
(g) For purposes of this Section:
"Active procurement matter" means a procurement process
beginning with requisition or determination of need by an
agency and continuing through the publication of an award
notice or other completion of a final procurement action, the
resolution of any protests, and the expiration of any protest
or Procurement Policy Board review period, if applicable.
"Active procurement matter" also includes communications
relating to change orders, renewals, or extensions.
"Material information" means information that a reasonable
person would deem important in determining his or her course
of action and pertains to significant issues, including, but
not limited to, price, quantity, and terms of payment or
performance.
"Material argument" means a communication that a
reasonable person would believe was made for the purpose of
influencing a decision relating to a procurement matter.
"Material argument" does not include general information about
products, services, or industry best practices or a response

to a communication initiated by an employee of the State for
the purposes of providing information to evaluate new
products, trends, services, or technologies.
(Source: P.A. 100-43, eff. 8-9-17.)
Section 10-15. The Architectural, Engineering, and Land
Surveying Qualifications Based Selection Act is amended by
changing Section 35 as follows:
(30 ILCS 535/35) (from Ch. 127, par. 4151-35)
Sec. 35. Selection procedure. On the basis of evaluations,
discussions, and any presentations, the State agency shall
select no less than 3 firms it determines to be qualified to
provide services for the project and rank them in order of
qualifications to provide services regarding the specific
project. The State agency shall then contact the firm ranked
most preferred to negotiate a contract at a fair and
reasonable compensation. If fewer than 3 firms submit letters
of interest and the State agency determines that one or both of
those firms are so qualified, the State agency may proceed to
negotiate a contract under Section 40. The decision of the
State agency shall be final and binding.
As part of the State agency's commitment to fostering
greater diversity in contracting, the State agency may
communicate with firms who were not selected in order to
provide further information about the firm's proposal

deficiencies.
(Source: P.A. 87-673.)
ARTICLE 15.
Section 15-5. The Governmental Joint Purchasing Act is
amended by changing Section 2 as follows:
(30 ILCS 525/2) (from Ch. 85, par. 1602)
Sec. 2. Joint purchasing authority.
(a) Any governmental unit, except a governmental unit
subject to the jurisdiction of a chief procurement officer
established in Section 10-20 of the Illinois Procurement Code,
may purchase personal property, supplies and services jointly
with one or more other governmental units. All such joint
purchases shall be by competitive solicitation as provided in
Section 4, except as otherwise provided in this Act. The
provisions of any other acts under which a governmental unit
operates which refer to purchases and procedures in connection
therewith shall be superseded by the provisions of this Act
when the governmental units are exercising the joint powers
created by this Act.
(a-5) For purchases made by a governmental unit subject to
the jurisdiction of a chief procurement officer established in
Section 10-20 of the Illinois Procurement Code, the applicable
chief procurement officer established in Section 10-20 of the

Illinois Procurement Code may authorize the purchase of
supplies and services jointly with a governmental unit of this
State, governmental entity of another state, or with a
consortium of governmental entities of one or more other
states, except as otherwise provided in this Act. Subject to
provisions of the joint purchasing solicitation, the
appropriate chief procurement officer may designate the
resulting contract as available to governmental units in
Illinois.
(a-10) Each chief procurement officer appointed pursuant
to Section 10-20 of the Illinois Procurement Code, with joint
agreement of the respective agency or institution, may
authorize the purchase or lease of supplies and services which
have been procured through a competitive process by a federal
agency; a consortium of governmental, educational, medical,
research, or similar entities; or a group purchasing
organization of which the chief procurement officer or State
agency is a member or affiliate, including, without
limitation, any purchasing entity operating under the federal
General Services Administration, the Higher Education
Cooperation Act, and the Midwestern Higher Education Compact
Act. Each applicable chief procurement officer may authorize
purchases and contracts which have been procured through other
methods of procurement if each chief procurement officer
determines it is in the best interests of the State,
considering a recommendation by their respective agencies or

institutions. The chief procurement officer may establish
detailed rules, policies, and procedures for use of these
cooperative contracts. Notice of award shall be published by
the chief procurement officer in the Illinois Procurement
Bulletin at least prior to use of the contract. Each chief
procurement officer shall submit to the General Assembly by
November 1 of each year a report of procurements made under
this subsection (a-10).
(a-15) Each chief procurement officer appointed pursuant
to Section 10-20 of the Illinois Procurement Code may
authorize any governmental unit of this State to purchase or
lease supplies under a contract which has been procured under
the jurisdiction of the Illinois Procurement Code by a
governmental unit subject to the jurisdiction of the chief
procurement officer. Prior to making the contract available to
the governmental unit of this State, the chief procurement
officer shall consult with the governmental unit that is party
to the contract and is subject to the jurisdiction of the chief
procurement officer. A governmental unit of this State that
uses a contract pursuant to this subsection shall report each
year to the authorizing chief procurement officer the
contractor used, supplies purchased, and total value of
purchases for each contract. The authorizing chief procurement
officer shall submit to the General Assembly by November 1 of
each year a report of procurements made under this subsection
(a-15).

(b) Any not-for-profit agency that qualifies under Section
45-35 of the Illinois Procurement Code and that either (1)
acts pursuant to a board established by or controlled by a unit
of local government or (2) receives grant funds from the State
or from a unit of local government, shall be eligible to
participate in contracts established by the State.
(c) For governmental units subject to the jurisdiction of
a chief procurement officer established in Section 10-20 of
the Illinois Procurement Code, if any contract or amendment to
a contract is entered into or purchase or expenditure of funds
is made at any time in violation of this Act or any other law,
the contract or amendment may be declared void by the chief
procurement officer or may be ratified and affirmed, if the
chief procurement officer determines that ratification is in
the best interests of the governmental unit. If the contract
or amendment is ratified and affirmed, it shall be without
prejudice to the governmental unit's rights to any appropriate
damages.
(d) 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.
(Source: P.A. 100-43, eff. 8-9-17.)
ARTICLE 20.

Section 20-5. The Illinois Procurement Code is amended by
changing Section 40-15 as follows:
(30 ILCS 500/40-15)
Sec. 40-15. Method of source selection.
(a) Request for information. Except as provided in
subsections (b) and (c), all State contracts for leases of
real property or capital improvements shall be awarded by a
request for information process in accordance with Section
40-20.
(b) Other methods. A request for information process need
not be used in procuring any of the following leases:
(1) Property of less than 10,000 square feet with base
rent of less than $200,000 $100,000 per year.
(2) (Blank).
(3) Duration of less than one year that cannot be
renewed.
(4) Specialized space available at only one location.
(5) Renewal or extension of a lease; provided that:
(i) the chief procurement officer determines in writing
that the renewal or extension is in the best interest of
the State; (ii) the chief procurement officer submits his
or her written determination and the renewal or extension
to the Board; (iii) the Board does not object in writing to
the renewal or extension within 30 calendar days after its
submission; and (iv) the chief procurement officer

publishes the renewal or extension in the appropriate
volume of the Procurement Bulletin.
(c) Leases with governmental units. Leases with other
governmental units may be negotiated without using the request
for information process when deemed by the chief procurement
officer to be in the best interest of the State.
(Source: P.A. 98-1076, eff. 1-1-15.)
ARTICLE 25.
Section 25-10. The Illinois Procurement Code is amended by
changing Section 1-10 as follows:
(30 ILCS 500/1-10)
Sec. 1-10. Application.
(a) This Code applies only to procurements for which
bidders, offerors, potential contractors, or contractors were
first solicited on or after July 1, 1998. This Code shall not
be construed to affect or impair any contract, or any
provision of a contract, entered into based on a solicitation
prior to the implementation date of this Code as described in
Article 99, including, but not limited to, any covenant
entered into with respect to any revenue bonds or similar
instruments. All procurements for which contracts are
solicited between the effective date of Articles 50 and 99 and
July 1, 1998 shall be substantially in accordance with this

Code and its intent.
(b) This Code shall apply regardless of the source of the
funds with which the contracts are paid, including federal
assistance moneys. This Code shall not apply to:
(1) Contracts between the State and its political
subdivisions or other governments, or between State
governmental bodies, except as specifically provided in
this Code.
(2) Grants, except for the filing requirements of
Section 20-80.
(3) Purchase of care, except as provided in Section
5-30.6 of the Illinois Public Aid Code and this Section.
(4) Hiring of an individual as an employee and not as
an independent contractor, whether pursuant to an
employment code or policy or by contract directly with
that individual.
(5) Collective bargaining contracts.
(6) Purchase of real estate, except that notice of
this type of contract with a value of more than $25,000
must be published in the Procurement Bulletin within 10
calendar days after the deed is recorded in the county of
jurisdiction. The notice shall identify the real estate
purchased, the names of all parties to the contract, the
value of the contract, and the effective date of the
contract.
(7) Contracts necessary to prepare for anticipated

litigation, enforcement actions, or investigations,
provided that the chief legal counsel to the Governor
shall give his or her prior approval when the procuring
agency is one subject to the jurisdiction of the Governor,
and provided that the chief legal counsel of any other
procuring entity subject to this Code shall give his or
her prior approval when the procuring entity is not one
subject to the jurisdiction of the Governor.
(8) (Blank).
(9) Procurement expenditures by the Illinois
Conservation Foundation when only private funds are used.
(10) (Blank).
(11) Public-private agreements entered into according
to the procurement requirements of Section 20 of the
Public-Private Partnerships for Transportation Act and
design-build agreements entered into according to the
procurement requirements of Section 25 of the
Public-Private Partnerships for Transportation Act.
(12) (A) Contracts for legal, financial, and other
professional and artistic services entered into by the
Illinois Finance Authority in which the State of Illinois
is not obligated. Such contracts shall be awarded through
a competitive process authorized by the members of the
Illinois Finance Authority and are subject to Sections
5-30, 20-160, 50-13, 50-20, 50-35, and 50-37 of this Code,
as well as the final approval by the members of the

Illinois Finance Authority of the terms of the contract.
(B) Contracts for legal and financial services entered
into by the Illinois Housing Development Authority in
connection with the issuance of bonds in which the State
of Illinois is not obligated. Such contracts shall be
awarded through a competitive process authorized by the
members of the Illinois Housing Development Authority and
are subject to Sections 5-30, 20-160, 50-13, 50-20, 50-35,
and 50-37 of this Code, as well as the final approval by
the members of the Illinois Housing Development Authority
of the terms of the contract.
(13) Contracts for services, commodities, and
equipment to support the delivery of timely forensic
science services in consultation with and subject to the
approval of the Chief Procurement Officer as provided in
subsection (d) of Section 5-4-3a of the Unified Code of
Corrections, except for the requirements of Sections
20-60, 20-65, 20-70, and 20-160 and Article 50 of this
Code; however, the Chief Procurement Officer may, in
writing with justification, waive any certification
required under Article 50 of this Code. For any contracts
for services which are currently provided by members of a
collective bargaining agreement, the applicable terms of
the collective bargaining agreement concerning
subcontracting shall be followed.
On and after January 1, 2019, this paragraph (13),

except for this sentence, is inoperative.
(14) Contracts for participation expenditures required
by a domestic or international trade show or exhibition of
an exhibitor, member, or sponsor.
(15) Contracts with a railroad or utility that
requires the State to reimburse the railroad or utilities
for the relocation of utilities for construction or other
public purpose. Contracts included within this paragraph
(15) shall include, but not be limited to, those
associated with: relocations, crossings, installations,
and maintenance. For the purposes of this paragraph (15),
"railroad" means any form of non-highway ground
transportation that runs on rails or electromagnetic
guideways and "utility" means: (1) public utilities as
defined in Section 3-105 of the Public Utilities Act, (2)
telecommunications carriers as defined in Section 13-202
of the Public Utilities Act, (3) electric cooperatives as
defined in Section 3.4 of the Electric Supplier Act, (4)
telephone or telecommunications cooperatives as defined in
Section 13-212 of the Public Utilities Act, (5) rural
water or waste water systems with 10,000 connections or
less, (6) a holder as defined in Section 21-201 of the
Public Utilities Act, and (7) municipalities owning or
operating utility systems consisting of public utilities
as that term is defined in Section 11-117-2 of the
Illinois Municipal Code.

(16) Procurement expenditures necessary for the
Department of Public Health to provide the delivery of
timely newborn screening services in accordance with the
Newborn Metabolic Screening Act.
(17) Procurement expenditures necessary for the
Department of Agriculture, the Department of Financial and
Professional Regulation, the Department of Human Services,
and the Department of Public Health to implement the
Compassionate Use of Medical Cannabis Program and Opioid
Alternative Pilot Program requirements and ensure access
to medical cannabis for patients with debilitating medical
conditions in accordance with the Compassionate Use of
Medical Cannabis Program Act.
(18) This Code does not apply to any procurements
necessary for the Department of Agriculture, the
Department of Financial and Professional Regulation, the
Department of Human Services, the Department of Commerce
and Economic Opportunity, and the Department of Public
Health to implement the Cannabis Regulation and Tax Act if
the applicable agency has made a good faith determination
that it is necessary and appropriate for the expenditure
to fall within this exemption and if the process is
conducted in a manner substantially in accordance with the
requirements of Sections 20-160, 25-60, 30-22, 50-5,
50-10, 50-10.5, 50-12, 50-13, 50-15, 50-20, 50-21, 50-35,
50-36, 50-37, 50-38, and 50-50 of this Code; however, for

Section 50-35, compliance applies only to contracts or
subcontracts over $100,000. Notice of each contract
entered into under this paragraph (18) that is related to
the procurement of goods and services identified in
paragraph (1) through (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 agency 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 this 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 includes, at a minimum, an annual summary of the
monthly information reported to the Chief Procurement
Officer. This exemption becomes inoperative 5 years after
June 25, 2019 (the effective date of Public Act 101-27).
(19) Acquisition of modifications or adjustments,

limited to assistive technology devices and assistive
technology services, adaptive equipment, repairs, and
replacement parts to provide reasonable accommodations (i)
that enable a qualified applicant with a disability to
complete the job application process and be considered for
the position such qualified applicant desires, (ii) that
modify or adjust the work environment to enable a
qualified current employee with a disability to perform
the essential functions of the position held by that
employee, (iii) to enable a qualified current employee
with a disability to enjoy equal benefits and privileges
of employment as are enjoyed by other similarly situated
employees without disabilities, and (iv) that allow a
customer, client, claimant, or member of the public
seeking State services full use and enjoyment of and
access to its programs, services, or benefits.
For purposes of this paragraph (19):
"Assistive technology devices" means any item, piece
of equipment, or product system, whether acquired
commercially off the shelf, modified, or customized, that
is used to increase, maintain, or improve functional
capabilities of individuals with disabilities.
"Assistive technology services" means any service that
directly assists an individual with a disability in
selection, acquisition, or use of an assistive technology
device.

"Qualified" has the same meaning and use as provided
under the federal Americans with Disabilities Act when
describing an individual with a disability.
(20) Procurement expenditures necessary for the
Illinois Commerce Commission to hire third-party
facilitators pursuant to Sections 16-105.17 and 16-108.18
of the Public Utilities Act or an ombudsman pursuant to
Section 16-107.5 of the Public Utilities Act, a
facilitator pursuant to Section 16-105.17 of the Public
Utilities Act, or a grid auditor pursuant to Section
16-105.10 of the Public Utilities Act.
(21) Procurement expenditures for the purchase,
renewal, and expansion of software, software licenses, or
software maintenance agreements that support the efforts
of the Illinois State Police to enforce, regulate, and
administer the Firearm Owners Identification Card Act, the
Firearm Concealed Carry Act, the Firearms Restraining
Order Act, the Firearm Dealer License Certification Act,
the Law Enforcement Agencies Data System (LEADS), the
Uniform Crime Reporting Act, the Criminal Identification
Act, the Illinois Uniform Conviction Information Act, and
the Gun Trafficking Information Act, or establish or
maintain record management systems necessary to conduct
human trafficking investigations or gun trafficking or
other stolen firearm investigations. This paragraph (21)
applies to contracts entered into on or after January 10,

2023 (the effective date of Public Act 102-1116) and the
renewal of contracts that are in effect on January 10,
2023 (the effective date of Public Act 102-1116).
(22) Contracts for project management services and
system integration services required for the completion of
the State's enterprise resource planning project. This
exemption becomes inoperative 5 years after June 7, 2023
(the effective date of the changes made to this Section by
Public Act 103-8). This paragraph (22) applies to
contracts entered into on or after June 7, 2023 (the
effective date of the changes made to this Section by
Public Act 103-8) and the renewal of contracts that are in
effect on June 7, 2023 (the effective date of the changes
made to this Section by Public Act 103-8).
(23) Procurements necessary for the Department of
Insurance to implement the Illinois Health Benefits
Exchange Law if the Department of Insurance has made a
good faith determination that it is necessary and
appropriate for the expenditure to fall within this
exemption. The procurement process shall be conducted in a
manner substantially in accordance with the requirements
of Sections 20-160 and 25-60 and Article 50 of this Code. A
copy of these contracts shall be made available to the
Chief Procurement Officer immediately upon request. This
paragraph is inoperative 5 years after June 27, 2023 (the
effective date of Public Act 103-103).

(24) (22) Contracts for public education programming,
noncommercial sustaining announcements, public service
announcements, and public awareness and education
messaging with the nonprofit trade associations of the
providers of those services that inform the public on
immediate and ongoing health and safety risks and hazards.
(25) Procurements that are necessary for increasing
the recruitment and retention of State employees,
particularly minority candidates for employment,
including:
(A) procurements related to registration fees for
job fairs and other outreach and recruitment events;
(B) production of recruitment materials; and
(C) other services related to recruitment and
retention of State employees.
The exemption under this paragraph (25) applies only
if the State agency has made a good faith determination
that it is necessary and appropriate for the expenditure
to fall within this paragraph (25). The procurement
process under this paragraph (25) shall be conducted in a
manner substantially in accordance with the requirements
of Sections 20-160 and 25-60 and Article 50 of this Code. A
copy of these contracts shall be made available to the
Chief Procurement Officer immediately upon request.
Nothing in this paragraph (25) authorizes the replacement
or diminishment of State responsibilities in hiring or the

positions that effectuate that hiring. This paragraph (25)
is inoperative on and after June 30, 2029.
Notwithstanding any other provision of law, for contracts
with an annual value of more than $100,000 entered into on or
after October 1, 2017 under an exemption provided in any
paragraph of this subsection (b), except paragraph (1), (2),
or (5), each State agency shall post to the appropriate
procurement bulletin 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. 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.
(c) This Code does not apply to the electric power
procurement process provided for under Section 1-75 of the
Illinois Power Agency Act and Section 16-111.5 of the Public
Utilities Act. This Code does not apply to the procurement of
technical and policy experts pursuant to Section 1-129 of the
Illinois Power Agency Act.
(d) Except for Section 20-160 and Article 50 of this Code,
and as expressly required by Section 9.1 of the Illinois
Lottery Law, the provisions of this Code do not apply to the
procurement process provided for under Section 9.1 of the
Illinois Lottery Law.

(e) This Code does not apply to the process used by the
Capital Development Board to retain a person or entity to
assist the Capital Development Board with its duties related
to the determination of costs of a clean coal SNG brownfield
facility, as defined by Section 1-10 of the Illinois Power
Agency Act, as required in subsection (h-3) of Section 9-220
of the Public Utilities Act, including calculating the range
of capital costs, the range of operating and maintenance
costs, or the sequestration costs or monitoring the
construction of clean coal SNG brownfield facility for the
full duration of construction.
(f) (Blank).
(g) (Blank).
(h) This Code does not apply to the process to procure or
contracts entered into in accordance with Sections 11-5.2 and
11-5.3 of the Illinois Public Aid Code.
(i) Each chief procurement officer may access records
necessary to review whether a contract, purchase, or other
expenditure is or is not subject to the provisions of this
Code, unless such records would be subject to attorney-client
privilege.
(j) This Code does not apply to the process used by the
Capital Development Board to retain an artist or work or works
of art as required in Section 14 of the Capital Development
Board Act.
(k) This Code does not apply to the process to procure

contracts, or contracts entered into, by the State Board of
Elections or the State Electoral Board for hearing officers
appointed pursuant to the Election Code.
(l) This Code does not apply to the processes used by the
Illinois Student Assistance Commission to procure supplies and
services paid for from the private funds of the Illinois
Prepaid Tuition Fund. As used in this subsection (l), "private
funds" means funds derived from deposits paid into the
Illinois Prepaid Tuition Trust Fund and the earnings thereon.
(m) This Code shall apply regardless of the source of
funds with which contracts are paid, including federal
assistance moneys. Except as specifically provided in this
Code, this Code shall not apply to procurement expenditures
necessary for the Department of Public Health to conduct the
Healthy Illinois Survey in accordance with Section 2310-431 of
the Department of Public Health Powers and Duties Law of the
Civil Administrative Code of Illinois.
(Source: P.A. 102-175, eff. 7-29-21; 102-483, eff 1-1-22;
102-558, eff. 8-20-21; 102-600, eff. 8-27-21; 102-662, eff.
9-15-21; 102-721, eff. 1-1-23; 102-813, eff. 5-13-22;
102-1116, eff. 1-10-23; 103-8, eff. 6-7-23; 103-103, eff.
6-27-23; 103-570, eff. 1-1-24; 103-580, eff. 12-8-23; revised
1-2-24.)
ARTICLE 30.

Section 30-5. The Reimagining Hotel Florence Act is
amended by changing Sections 45-5, 45-10, 45-15, 45-20, 45-25,
and 45-30 as follows:
(20 ILCS 3407/45-5)
Sec. 45-5. Legislative intent. Originally built in 1881,
the Hotel Florence is located within the Pullman Historic
District and was placed on the National Register of Historic
Places in 1969 and was designated a National Historic Landmark
on December 30, 1970. To save it from demolition the Historic
Pullman Foundation purchased the hotel in 1975 and maintained
ownership until 1991 when the State of Illinois took title of
the building. The Hotel Florence is continually closed for
renovations and is a semi-closed public space.
The hotel sits within next to the Pullman National
Historic Landmark District, which was designated as a National
Monument in 2015 and recently redesignated as Illinois'
Illinois's first National Park on December 29, 2022 and is
operated by the U.S. National Park Service. This redesignation
allows for the National Park Service to enter into cooperative
agreements with outside parties for interpretive and
educational programs at nonfederal historic properties within
the boundaries of the park and to provide assistance for the
preservation of nonfederal land within the boundaries of the
historical park and at sites in close proximity to it, which
includes may include the Pullman State Historic Site (Hotel

Florence, Hotel Florence Annex, Factory Grounds, Rear Erecting
Shops, Front Erecting Shop North Factory Wing, Front Erecting
Shop South Factory Wing Ruin, and the Historic 1911 "Advance"
Railroad Passenger Car).
The General Assembly has allocated $21,000,000 in capital
infrastructure funds to aid in the restoration and capital
improvements at the Pullman State Historic Site, including,
but not limited to, renovation redevelopment of the Hotel
Florence.
The General Assembly finds that allowing for the
Department of Natural Resources to enter into a public-private
partnership that will allow the Hotel Florence to become a
fully reactivated space in a timely manner that is in the
public benefit of the State and the local Pullman community.
(Source: P.A. 103-570, eff. 1-1-24.)
(20 ILCS 3407/45-10)
Sec. 45-10. Definitions. In this Act:
"Agreement" means a public-private agreement.
"Contractor" means a person that has been selected to
enter or has entered into a public-private agreement with the
Department on behalf of the State for the development,
financing, construction, management, or operation of the Hotel
Florence pursuant to this Act.
"Department" means the Department of Natural Resources.
"Hotel Florence" means real property in the City of

Chicago located within the Pullman State Historic Site
District that is owned by the Illinois Department of Natural
Resources and was acquired in 1991, at the address of 11111 S.
Forrestville Avenue, Chicago, Illinois, as well as the
adjacent Hotel Florence Annex building located at 537 East
111th Street, Chicago, Illinois 60628 and any associated
grounds connected to the Hotel Florence or Hotel Florence
Annex either property.
"Maintain" or "maintenance" includes ordinary maintenance,
repair, rehabilitation, capital maintenance, maintenance
replacement, and any other categories of maintenance that may
be designated by the Department.
"Offeror" means a person that responds to a request for
solicitations proposals under this Act.
"Operate" or "operation" means to do one or more of the
following: maintain, improve, equip, modify, or otherwise
operate.
"Person" means any individual, firm, association, joint
venture, partnership, estate, trust, syndicate, fiduciary,
corporation, or any other legal entity, group, or combination
thereof.
"Public-private agreement" means an agreement or contract
between the Department on behalf of the State and all
schedules, exhibits, and attachments thereto, entered into
pursuant to a competitive request for solicitations proposals
process governed by this Act, for the development, financing,

construction, management, or operation of the Hotel Florence
under this Act.
"Pullman Factory" means real property in the City of
Chicago located within the Pullman State Historic Site that is
owned by the Department of Natural Resources and was acquired
in 1991, at the addresses 620 and 630 East 111th Street,
Chicago, Illinois 60628. The Factory Grounds include the Front
Erecting Shop North Factory Wing, Front Erecting Shop South
Factory Wing (Ruin), Rear Erecting Shops, Proposed Train Car
Display Building, Historic 1911 "Advance" Railroad Passenger
Car, Rail Spur Connection, and associated grounds.
"Revenues" means all revenues, including, but not limited
to, income, user fees, earnings, interest, lease payments,
allocations, moneys from the federal government, the State,
and units of local government, including, but not limited to,
federal, State, and local appropriations, grants, loans, lines
of credit, and credit guarantees; bond proceeds; equity
investments; service payments; or other receipts arising out
of or in connection with the financing, development,
construction, management, or operation of the Hotel Florence.
"State" means the State of Illinois.
(Source: P.A. 103-570, eff. 1-1-24.)
(20 ILCS 3407/45-15)
Sec. 45-15. Authority to enter public-private agreement.
(a) Notwithstanding any provision of law to the contrary,

the Department on behalf of the State may, pursuant to a
competitive solicitation request for proposals process
governed by the Illinois Procurement Code, rules adopted under
that Code, and this Act, enter into a public-private agreement
to develop, finance, construct, lease, manage, divest
ownership in, and or operate the Hotel Florence and the
Pullman Factory on behalf of the State, pursuant to which the
contractors may receive certain revenues, including management
or user fees in consideration of the payment of moneys to the
State for that right. At the discretion of the Department, the
Factory Grounds may be included in the public-private
agreement.
(b) The term of a public-private agreement shall be no
less than 25 years and no more than 75 years.
(c) The term of a public-private agreement may be
extended, but only if the extension is specifically authorized
by the General Assembly by law.
(Source: P.A. 103-570, eff. 1-1-24.)
(20 ILCS 3407/45-20)
Sec. 45-20. Prequalification Procurement;
prequalification. The Department may establish a process for
prequalification of offerors. The Department may enter into
agreements with governmental entities and other outside
entities to assist in drafting the solicitation and evaluation
process as well as develop evaluation criteria for the

prequalification of offerors. If the Department does create
such a process, it shall:
(1) provide a public notice of the prequalification at
least 30 days prior to the date on which applications are
due;
(2) set forth requirements and evaluation criteria in
order to become prequalified;
(3) determine which offerors that have submitted
prequalification applications, if any, meet the
requirements and evaluation criteria; and
(4) allow only those offerors that have been
prequalified to respond to the request for solicitations
proposals.
(Source: P.A. 103-570, eff. 1-1-24.)
(20 ILCS 3407/45-25)
Sec. 45-25. Request for solicitation proposals process to
enter into public-private agreement.
(a) Notwithstanding any provision of law to the contrary,
the Department on behalf of the State shall select a
contractor through a competitive solicitation request for
proposals process governed by the Illinois Procurement Code
and rules adopted under that Code and this Act. The Department
may enter into agreements with governmental entities and other
outside entities to assist the Department in drafting,
reviewing, and scoring the proposals.

(b) The competitive solicitation request for proposals
process shall, at a minimum, solicit statements of
qualification and proposals from offerors.
(c) The competitive request for solicitation proposals
process shall, at a minimum, take into account the following
criteria:
(1) the offeror's plans for the Hotel Florence
project, including, but not limited to, building use,
experience, environmental concerns, and a proposed
preservation and rehabilitation plan compliant with the
Illinois State Agency Historic Preservation Act;
(2) the offeror's current and past business practices;
(3) the offeror's poor or inadequate past performance
in developing, financing, constructing, managing, or
operating historic landmark properties or other public
assets;
(4) the offeror's ability to meet and past performance
in meeting or exhausting good faith efforts to meet the
utilization goals for business enterprises established in
the Business Enterprise for Minorities, Women, and Persons
with Disabilities Act;
(5) the offeror's ability to comply with and past
performance in complying with Section 2-105 of the
Illinois Human Rights Act; and
(6) the offeror's plans to comply with the Business
Enterprise for Minorities, Women, and Persons with

Disabilities Act and Section 2-105 of the Illinois Human
Rights Act; and .
(7) the offeror's plans for the Pullman Factory.
(d) The Department shall not include terms in the request
for solicitations proposals that provide an advantage, whether
directly or indirectly, to any contractor presently providing
goods, services, or equipment to the Department.
(e) The Department shall select one or more offerors as
finalists.
(f) After the procedures required in this Section have
been completed, the Department shall make a determination as
to whether the offeror should be designated as the contractor
for the Hotel Florence project and shall submit the decision
to the Governor and to the Governor's Office of Management and
Budget. After review of the Department's determination, the
Governor may accept or reject the determination. If the
Governor accepts the determination of the Department, the
Governor shall designate the offeror for the Hotel Florence
project.
(Source: P.A. 103-570, eff. 1-1-24.)
(20 ILCS 3407/45-30)
Sec. 45-30. Provisions of the public-private agreement.
(a) The public-private agreement shall include all of the
following:
(1) the term of the public-private agreement that is

consistent with Section 45-40 of this Act;
(2) the powers, duties, responsibilities, obligations,
and functions of the Department and the contractor;
(3) compensation or payments to the Department, if
applicable;
(4) compensation or payments to the contractor, if
applicable;
(5) a provision specifying that the Department:
(A) has ready access to information regarding the
contractor's powers, duties, responsibilities,
obligations, and functions under the public-private
agreement;
(B) has the right to demand and receive
information from the contractor concerning any aspect
of the contractor's powers, duties, responsibilities,
obligations, and functions under the public-private
agreement; and
(C) has the authority to direct or countermand
decisions by the contractor at any time;
(6) a provision imposing an affirmative duty on the
contractor to provide the Department with any information
the contractor reasonably believes the Department would
want to know or would need to know to enable the Department
to exercise its powers, carry out its duties,
responsibilities, and obligations, and perform its
functions under this Act or the public-private agreement

or as otherwise required by law;
(6.5) a provision that this project will require using
guidelines with The Secretary of the Interior's Standards
for the Treatment of Historic Properties with Guidelines
for Preserving, Rehabilitating, Restoring and
Reconstructing Historic Buildings; the period of the
original construction (Hotel Florence and grounds from
1880 through 1897; and Hotel Annex from 1914 through 1930)
should be used to guide the project design and
construction;
(7) the authority of the Department to enter into
contracts with third parties pursuant to Section 45-40;
(8) the authority of the Department to request that
the contractor reimburse the Department for third party
consultants related to the monitoring the project;
(9) a provision governing the contractor's authority
to negotiate and execute subcontracts with third parties;
(10) the authority of the contractor to impose user
fees and the amounts of those fees;
(11) a provision governing the deposit and allocation
of revenues including user fees;
(12) a provision governing rights to real and personal
property of the State, the Department, the contractor, and
other third parties;
(13) grounds for termination of the agreement by the
Department or the contractor and a restatement of the

Department's rights under this Act;
(14) a requirement that the contractor enter into a
project labor agreement;
(15) a provision stating that construction contractors
shall comply with the requirements of Section 30-22 of the
Illinois Procurement Code;
(16) rights and remedies of the Department if the
contractor defaults or otherwise fails to comply with the
terms of the agreement;
(17) procedures for amendment to the agreement; and
(18) all other terms, conditions, and provisions
acceptable to the Department that the Department deems
necessary and proper and in the public interest; and .
(19) a requirement that the contract complies with the
Business Enterprise for Minorities, Women, and Persons
with Disabilities Act and Section 2-105 of the Illinois
Human Rights Act.
(Source: P.A. 103-570, eff. 1-1-24.)
(20 ILCS 3407/45-35 rep.)
Section 30-10. The Reimagining Hotel Florence Act is
amended by repealing Section 45-35.
ARTICLE 35.
Section 35-5. The Illinois Procurement Code is amended by

changing Section 45-105 as follows:
(30 ILCS 500/45-105)
Sec. 45-105. Bid preference for Illinois businesses.
(a) (Blank).
(b) It is hereby declared to be the public policy of the
State of Illinois to promote the economy of Illinois through
the use of Illinois businesses for all State construction
contracts.
(c) Construction agencies procuring construction and
construction-related professional services shall make
reasonable efforts to contract with Illinois businesses.
(d) Beginning in 2022, each construction agency shall
submit a report to the Governor and the General Assembly by
September 1 of each year that identifies the Illinois
businesses procured by the construction agency, the primary
location of the construction project, the percentage of the
construction agency's utilization of Illinois businesses on
the project as a whole, and the actions that the construction
agency has undertaken to increase the use of Illinois
businesses.
(e) In procuring construction and construction-related
professional services for projects with a total value that
exceeds the small purchase maximum established by Section
20-20 of this Code, construction agencies shall provide a bid
preference to a responsive and responsible bidder that is an

Illinois business as defined in this Section. The construction
agency shall allocate to the lowest bid by an Illinois
business that is responsible and responsive a bid preference
of 4% of the contract base bid. This subsection applies only to
projects where a business that is not an Illinois business
submits a bid.
(e-5) The chief procurement officer shall require at the
time of submission of a bid, and may require at the chief
procurement officer's option at any time during the term of
the contract, that the bidder or contractor submit an
affidavit and other supporting documents demonstrating that
the bidder or contractor is an Illinois business and, if
applicable, submit an affidavit and other supporting documents
demonstrating that the bidder or contractor is eligible for a
4% bid preference under this Section.
(e-10) If a contractor who is awarded a contract through
the use of a preference for Illinois businesses provided false
information in order to obtain that preference, then the
contractor is subject to disciplinary procedures as identified
in Section 50-65 of this Act.
(f) This Section does not apply to any contract for any
project for which federal funds are available for expenditure
when its provisions may be in conflict with federal law or
federal regulation.
(g) As used in this Section, "Illinois business" means a
contractor that is, for at least one year prior, operating and

headquartered in Illinois, subject to applicable State taxes,
and providing, at the time that an invitation for a bid or
notice of contract opportunity is first advertised,
construction or construction-related professional services.
"Illinois business" includes a foreign corporation duly
authorized to transact business in this State that has a bona
fide establishment for transacting business within this State
where it is operating, headquartered, and performing
construction or construction-related professional services at
least one year before an invitation for a bid or notice of
contract opportunity is first advertised. , and is operating
as:
(1) a sole proprietor whose primary residence is in
Illinois;
(2) a business incorporated or organized as a domestic
corporation under the Business Corporation Act of 1983;
(3) a business organized as a domestic partnership
under the Uniform Partnership Act of 1997;
(4) a business organized as a domestic limited
partnership under the Uniform Limited Partnership Act of
2001;
(5) a business organized under the Limited Liability
Company Act; or
(6) a business organized under the Professional
Limited Liability Company Act.
"Illinois business" does not include any subcontractors or

businesses headquartered outside of the State that have an
affiliated entity operating in the State.
(Source: P.A. 102-721, eff. 1-1-23; 103-570, eff. 1-1-24.)
ARTICLE 45.
Section 45-5. The Illinois Procurement Code is amended by
changing Section 50-10.5 as follows:
(30 ILCS 500/50-10.5)
Sec. 50-10.5. Prohibited bidders, offerors, potential
contractors, and contractors.
(a) Unless otherwise provided, no business shall bid,
offer, enter into a contract or subcontract under this Code,
or make a submission to a vendor portal if the business or any
officer, director, partner, or other managerial agent of the
business has been convicted of a felony under the
Sarbanes-Oxley Act of 2002 or a Class 3 or Class 2 felony under
the Illinois Securities Law of 1953 for a period of 5 years
from the date of conviction.
(b) Every bid and offer submitted to the State, every
contract executed by the State, every vendor's submission to a
vendor portal, and every subcontract subject to Section 20-120
of this Code shall contain a certification by the bidder,
offeror, potential contractor, contractor, or subcontractor,
respectively, that the bidder, offeror, potential contractor,

contractor, or subcontractor is not barred from being awarded
a contract or subcontract under this Section and acknowledges
that the chief procurement officer shall declare the related
contract void if any of the certifications completed pursuant
to this subsection (b) are false. If the false certification
is made by a subcontractor, then the contractor's submitted
bid or offer and the executed contract may not be declared
void, unless the contractor refuses to terminate the
subcontract upon the State's request after a finding that the
subcontract's certification was false.
(c) If a business is not a natural person, the prohibition
in subsection (a) applies only if:
(1) the business itself is convicted of a felony
referenced in subsection (a); or
(2) the business is ordered to pay punitive damages
based on the conduct of any officer, director, partner, or
other managerial agent who has been convicted of a felony
referenced in subsection (a).
(d) A natural person who is convicted of a felony
referenced in subsection (a) remains subject to Section 50-10.
(e) No person or business shall bid, offer, make a
submission to a vendor portal, or enter into a contract under
this Code if the person or business assisted an employee of the
State of Illinois, who, by the nature of his or her duties, has
the authority to participate personally and substantially in
the decision to award a State contract, by reviewing,

drafting, directing, or preparing any invitation for bids, a
request for proposal, or request for information or provided
similar assistance except as part of a publicly issued
opportunity to review drafts of all or part of these
documents.
This subsection does not prohibit a person or business
from submitting a bid or offer or entering into a contract if
the person or business: (i) initiates a communication with an
employee to provide general information about products,
services, or industry best practices, (ii) responds to a
communication initiated by an employee of the State for the
purposes of providing information to evaluate new products,
trends, services, or technologies, or (iii) asks for
clarification regarding a solicitation, so long as there is no
competitive advantage to the person or business and the
question and answer, if material, are posted to the Illinois
Procurement Bulletin as an addendum to the solicitation.
Nothing in this Section prohibits a vendor developing
technology, goods, or services from bidding or offering to
supply that technology or those goods or services if the
subject demonstrated to the State represents industry trends
and innovation and is not specifically designed to meet the
State's needs.
Nothing in this Section prohibits a person performing
construction-related services from initiating contact with a
business that performs construction for the purpose of

obtaining market costs or production time to determine the
estimated costs to complete the construction project.
For purposes of this subsection (e), "business" includes
all individuals with whom a business is affiliated, including,
but not limited to, any officer, agent, employee, consultant,
independent contractor, director, partner, or manager of a
business.
No person or business shall submit specifications to a
State agency unless requested to do so by an employee of the
State. No person or business who contracts with a State agency
to write specifications for a particular procurement need
shall submit a bid or proposal or receive a contract for that
procurement need.
Nothing in this subsection (e) shall prohibit a person or
business from submitting an unsolicited proposal under Section
19 of the Public-Private Partnerships for Transportation Act.
(Source: P.A. 100-43, eff. 8-9-17.)
ARTICLE 50.
Section 50-5. The Business Enterprise for Minorities,
Women, and Persons with Disabilities Act is amended by
changing Sections 2, 5, and 8 and by adding Section 3.5 as
follows:
(30 ILCS 575/2)

(Section scheduled to be repealed on June 30, 2029)
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.
(4.4) "Certified vendor" means a minority-owned
business, women-owned business, or business owned by a
person with a disability that is certified by the Business

Enterprise Program.
(4.5) "Subcontractor" means a person or entity that
enters into a contractual agreement with a prime vendor to
provide, on behalf of the prime vendor, goods, services,
real property, or remuneration or other monetary
consideration that is the subject of the primary State
contract. "Subcontractor" includes a sublessee under a
State contract.
(4.6) "Prime vendor" means any person or entity having
a contract that is subject to this Act with a State agency
or public institution of higher education.
(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 as evidenced by the
federal income tax return of the business. A certified
vendor with gross sales in excess of this cap may apply to
the Council for certification for a particular contract if
the vendor 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 an attachment that is
made to all bids or proposals and that demonstrates the
bidder's or offeror's efforts to meet the
contract-specific Business Enterprise Program goal. The
utilization plan shall indicate whether the prime vendor
intends to meet the Business Enterprise Program goal
through its own performance, if it is a certified vendor,
or through the use of subcontractors that are certified
vendors. The utilization plan shall demonstrate that the
Vendor has either: (1) met the entire contract goal or (2)
requested a full or partial waiver of the contract goal.
If the prime vendor intends to use a subcontractor that is

a certified vendor to fulfill the contract goal, a
participation agreement executed between the prime vendor
and the certified subcontractor must be included with the
utilization plan.
(12) "Business Enterprise Program" means the Business
Enterprise Program of the Commission on Equity and
Inclusion.
(13) "Good faith effort" means actions undertaken by a
vendor to achieve a contract specific Business Enterprise
Program goal that, by scope, intensity, and
appropriateness to the objective, can reasonably be
expected to fulfill the program's requirements.
(14) "Goal" means the participation levels of
certified vendors on State contracts.
(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. 102-29, eff. 6-25-21; 102-1119, eff. 1-23-23;
103-570, eff. 1-1-24.)

(30 ILCS 575/3.5 new)
Sec. 3.5. Uniform standard of contract goals.
(a) The Business Enterprise Program may establish uniform
standards for calculating contract specific Business
Enterprise Program goals for all State contracts and State
construction contracts subject to this Act. In establishing
those standards, the Business Enterprise Program may consider
normal industry practice, the scope of the work to be
performed under a contract, the availability of vendors that
are able to perform the scope of the work to be performed under
a contract, the availability of certified vendors that are
able to perform the work to be performed under a contract, and
the State's progress to date toward meeting the aspirational
goals set forth in this Act.
(b) Each State agency that is subject to this Act and each
public institution of higher education that is subject to this
Act may, in accordance with the provisions of this Act, set
goals concerning participation in State contracts, including
State construction contracts, to which the State agency or
public institution of higher education is party. Goals
involving State contracts above the small purchase threshold,
as defined in Section 20-20 of the Illinois Procurement Code,
may be submitted to the Business Enterprise Program for
approval, denial, or modification.
(c) As used in this Section, the terms "State contract"
and "State construction contract" do not include grants from

State agencies to grantees for capital improvements or
operational expenses.
(30 ILCS 575/5) (from Ch. 127, par. 132.605)
(Section scheduled to be repealed on June 30, 2029)
Sec. 5. Business Enterprise Council.
(1) To help implement, monitor, and enforce the goals of
this Act, there is created the Business Enterprise Council for
Minorities, Women, and Persons with Disabilities, hereinafter
referred to as the Council, composed of the Chairperson of the
Commission on Equity and Inclusion, the Secretary of Human
Services and the Directors of the Department of Human Rights,
the Department of Commerce and Economic Opportunity, the
Department of Central Management Services, the Department of
Transportation and the Capital Development Board, or their
duly appointed representatives, with the Comptroller, or his
or her designee, serving as an advisory member of the Council.
Ten individuals representing businesses that are
minority-owned, women-owned, or owned by persons with
disabilities, 2 individuals representing the business
community, and a representative of public institutions of
higher education shall be appointed by the Governor. These
members shall serve 2-year terms and shall be eligible for
reappointment. Any vacancy occurring on the Council shall also
be filled by the Governor. Any member appointed to fill a
vacancy occurring prior to the expiration of the term for

which his or her predecessor was appointed shall be appointed
for the remainder of such term. Members of the Council shall
serve without compensation but shall be reimbursed for any
ordinary and necessary expenses incurred in the performance of
their duties.
The Chairperson of the Commission shall serve as the
Council chairperson and shall select, subject to approval of
the Council, a Secretary responsible for the operation of the
program who shall serve as the Division Manager of the
Business Enterprise for Minorities, Women, and Persons with
Disabilities Division of the Commission on Equity and
Inclusion.
The Director of each State agency and the chief executive
officer of each public institution of higher education shall
appoint a liaison to the Council. The liaison shall be
responsible for submitting to the Council any reports and
documents necessary under this Act.
(2) The Council's authority and responsibility shall be
to:
(a) Devise a certification procedure to assure that
businesses taking advantage of this Act are legitimately
classified as businesses owned by minorities, women, or
persons with disabilities and a registration procedure to
recognize, without additional evidence of Business
Enterprise Program eligibility, the certification of
businesses owned by minorities, women, or persons with

disabilities certified by the City of Chicago, Cook
County, or other jurisdictional programs with requirements
and procedures equaling or exceeding those in this Act.
(b) Maintain a list of all businesses legitimately
classified as businesses owned by minorities, women, or
persons with disabilities to provide to State agencies and
public institutions of higher education.
(c) Review rules and regulations for the
implementation of the program for businesses owned by
minorities, women, and persons with disabilities.
(d) Review compliance plans submitted by each State
agency and public institution of higher education pursuant
to this Act.
(e) Make annual reports as provided in Section 8f to
the Governor and the General Assembly on the status of the
program.
(f) Serve as a central clearinghouse for information
on State contracts, including the maintenance of a list of
all pending State contracts upon which businesses owned by
minorities, women, and persons with disabilities may bid.
At the Council's discretion, maintenance of the list may
include 24-hour electronic access to the list along with
the bid and application information.
(g) Establish a toll-free telephone number to
facilitate information requests concerning the
certification process and pending contracts.

(h) Adopt a procedure to grant automatic certification
to businesses holding a certification from at least one of
the following entities: (i) the Illinois Unified
Certification Program; (ii) the Women's Business
Development Center in Chicago; (iii) the Chicago Minority
Supplier Development Council; or (iv) any other similar
entity offering such certification to businesses.
(i) Develop and maintain a repository for
non-certified vendors that: (i) have applied for
certification and have been denied; (ii) have started, but
not completed, the certification process; (iii) have
achieved certification, but did not seek renewal; or (iv)
are known businesses owned by minorities, women, or
persons with disabilities.
(3) No premium bond rate of a surety company for a bond
required of a business owned by a minority, woman, or person
with a disability bidding for a State contract shall be higher
than the lowest rate charged by that surety company for a
similar bond in the same classification of work that would be
written for a business not owned by a minority, woman, or
person with a disability.
(4) Any Council member who has direct financial or
personal interest in any measure pending before the Council
shall disclose this fact to the Council and refrain from
participating in the determination upon such measure.
(5) The Secretary shall have the following duties and

responsibilities:
(a) To be responsible for the day-to-day operation of
the Council.
(b) To serve as a coordinator for all of the State's
programs for businesses owned by minorities, women, and
persons with disabilities and as the information and
referral center for all State initiatives for businesses
owned by minorities, women, and persons with disabilities.
(c) To establish an enforcement procedure whereby the
Council may recommend to the appropriate State legal
officer that the State exercise its legal remedies which
shall include (1) termination of the contract involved,
(2) prohibition of participation by the respondent in
State public contracts for a period not to exceed 3 years,
(3) imposition of a penalty not to exceed any profit
acquired as a result of violation, or (4) any combination
thereof. Such procedures shall require prior approval by
Council. All funds collected as penalties under this
subsection shall be used exclusively for maintenance and
further development of the Business Enterprise Program and
encouragement of participation in State procurement by
minorities, women, and persons with disabilities.
(d) To devise appropriate policies, regulations, and
procedures for including participation by businesses owned
by minorities, women, and persons with disabilities as
prime contractors, including, but not limited to: (i)

encouraging the inclusions of qualified businesses owned
by minorities, women, and persons with disabilities on
solicitation lists, (ii) investigating the potential of
blanket bonding programs for small construction jobs, and
(iii) investigating and making recommendations concerning
the use of the sheltered market process.
(e) To devise procedures for the waiver of the
participation goals in appropriate circumstances.
(f) To accept donations and, with the approval of the
Council or the Chairperson of the Commission on Equity and
Inclusion, grants related to the purposes of this Act; to
conduct seminars related to the purpose of this Act and to
charge reasonable registration fees; and to sell
directories, vendor lists, and other such information to
interested parties, except that forms necessary to become
eligible for the program shall be provided free of charge
to a business or individual applying for the Business
Enterprise Program.
(Source: P.A. 101-601, eff. 1-1-20; 101-657, eff. 1-1-22;
102-29, eff. 6-25-21; 102-558, eff. 8-20-21; 102-721, eff.
1-1-23.)
(30 ILCS 575/8) (from Ch. 127, par. 132.608)
(Section scheduled to be repealed on June 30, 2029)
Sec. 8. Enforcement.
(1) The Commission on Equity and Inclusion shall make such

findings, recommendations and proposals to the Governor as are
necessary and appropriate to enforce this Act. If, as a result
of its monitoring activities, the Commission determines that
its goals and policies are not being met by any State agency or
public institution of higher education, the Commission may
recommend any or all of the following actions:
(a) Establish enforcement procedures whereby the
Commission may recommend to the appropriate State agency,
public institutions of higher education, or law
enforcement officer that legal or administrative remedies
be initiated for violations of contract provisions or
rules issued hereunder or by a contracting State agency or
public institutions of higher education. State agencies
and public institutions of higher education shall be
authorized to adopt remedies for such violations which
shall include (1) termination of the contract involved,
(2) prohibition of participation of the respondents in
public contracts for a period not to exceed one year, (3)
imposition of a penalty not to exceed any profit acquired
as a result of violation, or (4) any combination thereof.
(b) If the Commission concludes that a compliance plan
submitted under Section 6 is unlikely to produce the
participation goals for businesses owned by minorities,
women, and persons with disabilities within the then
current fiscal year, the Commission may recommend that the
State agency or public institution of higher education

revise its plan to provide additional opportunities for
participation by businesses owned by minorities, women,
and persons with disabilities. Such recommended revisions
may include, but shall not be limited to, the following:
(i) assurances of stronger and better focused
solicitation efforts to obtain more businesses owned
by minorities, women, and persons with disabilities as
potential sources of supply;
(ii) division of the scope of work job or project
requirements, when economically feasible, into tasks
or quantities to permit participation of businesses
owned by minorities, women, and persons with
disabilities;
(iii) elimination of extended experience or
capitalization requirements, when programmatically
feasible, to permit participation of businesses owned
by minorities, women, and persons with disabilities;
(iv) identification of specific proposed contracts
as particularly attractive or appropriate for
participation by businesses owned by minorities,
women, and persons with disabilities, such
identification to result from and be coupled with the
efforts of subparagraphs (i) through (iii);
(v) implementation of those regulations
established for the use of the sheltered market
process.

(2) State agencies and public institutions of higher
education shall monitor a vendor's compliance with its
utilization plan and the terms of its contract. Without
limitation, a vendor's failure to comply with its contractual
commitments as contained in the utilization plan; failure to
cooperate in providing information regarding its compliance
with its utilization plan; or the provision of false or
misleading information or statements concerning compliance,
certification status, or eligibility of the Business
Enterprise Program-certified vendor, good faith efforts, or
any other material fact or representation shall constitute a
material breach of the contract and entitle the State agency
or public institution of higher education to declare a
default, terminate the contract, or exercise those remedies
provided for in the contract, at law, or in equity.
(3) Prior to the expiration or termination of a contract,
State agencies and public institutions of higher education
shall evaluate the contractor's fulfillment of the contract
goals for participation by certified businesses owned by
minorities, women, and persons with disabilities. The agency
or public institution of higher education shall prepare a
report of the vendor's compliance with the contract goals and
file it with the Secretary. If the Secretary determines that
the vendor did not fulfill the contract goals, the vendor
shall be in breach of the contract and may be subject to
remedies or sanctions, unless the vendor can show that it made

good faith efforts to meet the contract goals. Such remedies
or sanctions for failing to make good faith efforts may
include (i) disqualification of the contractor from doing
business with the State for a period of no more than one year
or (ii) cancellation, without any penalty to the State, of any
contract entered into by the vendor. The Business Enterprise
Program shall develop procedures for determining whether a
vendor has made good faith efforts to meet the contract goals
upon the expiration or termination of a contract.
(Source: P.A. 101-657, eff. 1-1-22; 102-29, eff. 6-25-21.)
ARTICLE 55.
Section 55-5. The Public Contract Fraud Act is amended by
changing Section 2 as follows:
(30 ILCS 545/2) (from Ch. 127, par. 132.52)
Sec. 2. Spending money without obtaining title to land;
approval of title by Attorney General.
(a) Except as otherwise provided in Section 2 of the
Superconducting Super Collider Act or for projects constructed
under the Bikeway Act, any person or persons, commissioner or
commissioners, or other officer or officers, entrusted with
the construction or repair of any public work or improvement,
as set forth in Section 1, who shall expend or cause to be
expended upon such public work or improvement, the whole or

any part of the moneys appropriated therefor, or who shall
commence work, or in any way authorize work to be commenced,
thereon, without first having obtained a title, by purchase,
donation, condemnation or otherwise, to all lands needed for
such public work or improvement, running to the People of the
State of Illinois; such title to be approved by the Attorney
General, and his approval certified by the Secretary of State
and placed on record in his office, shall be deemed guilty of a
Class A misdemeanor.
(b) Approval of title by the Attorney General for all
lands needed for a public work or improvement shall not be
required as established under subsection (a) of this Section
and the State Comptroller may draw warrant in payment of
consideration for all such lands without requiring approval of
title by the Attorney General if consideration to be paid does
not exceed $25,000 $10,000 and the title acquired for such
lands is for:
(1) a fee simple title or easement acquired by the
State for highway right-of-way; or
(2) an acquisition of rights or easements of access,
crossing, light, air or view to, from or over a freeway
vested in abutting property; or
(3) a fee simple title or easement used to place
utility lines and connect a permanent public work or
improvement owned by the State to main utility lines; or
(4) for the purpose of flood relief or other water

resource projects.
(c) This Section does not apply to any otherwise lawful
expenditures for the construction, completion, remodeling,
maintenance and equipment of buildings and other facilities
made in connection with and upon premises owned by the
Illinois Building Authority, nor shall this Section apply to
improvements to real estate leased by any State agency as
defined in the Illinois State Auditing Act, provided the
leasehold improvements were contracted for by an agency with
leasing authority and in compliance with the rules and
regulations promulgated by such agency for that purpose.
(Source: P.A. 88-676, eff. 12-14-94; 89-78, eff. 6-30-95.)
ARTICLE 60.
Section 60-5. The Metropolitan Water Reclamation District
Act is amended by changing Sections 11.3 and 11.5 as follows:
(70 ILCS 2605/11.3) (from Ch. 42, par. 331.3)
Sec. 11.3. Except as provided in Sections 11.4 and 11.5,
all purchase orders or contracts involving amounts in excess
of the mandatory competitive bid threshold and made by or on
behalf of the sanitary district for labor, services or work,
the purchase, lease or sale of personal property, materials,
equipment or supplies, or the granting of any concession,
shall be let by free and open competitive bidding after

advertisement, to the lowest responsible bidder or to the
highest responsible bidder, as the case may be, depending upon
whether the sanitary district is to expend or receive money.
All such purchase orders or contracts which shall involve
amounts that will not exceed the mandatory competitive bid
threshold, shall also be let in the manner prescribed above
whenever practicable, except that after solicitation of bids,
such purchase orders or contracts may be let in the open
market, in a manner calculated to insure the best interests of
the public. The provisions of this section are subject to any
contrary provisions contained in "An Act concerning the use of
Illinois mined coal in certain plants and institutions", filed
July 13, 1937, as heretofore and hereafter amended. For
purposes of this Section, the "mandatory competitive bid
threshold" is a dollar amount equal to 0.1% of the total
general fixed assets of the district as reported in the most
recent required audit report. In no event, however, shall the
mandatory competitive bid threshold dollar amount be less than
$60,000 $10,000 or more than $40,000.
If a unit of local government performs non-emergency
construction, alteration, repair, improvement, or maintenance
work on the public way, the sanitary district may enter into an
intergovernmental agreement with the unit of local government
allowing similar construction work to be performed by the
sanitary district on the same project, in an amount no greater
than $100,000, to save taxpayer funds and eliminate

duplication of government effort. The sanitary district and
the other unit of local government shall, before work is
performed by either unit of local government on a project,
adopt a resolution by a majority vote of both governing bodies
certifying work will occur at a specific location, the reasons
why both units of local government require work to be
performed in the same location, and the projected cost savings
if work is performed by both units of local government on the
same project. Officials or employees of the sanitary district
may, if authorized by resolution, purchase in the open market
any supplies, materials, equipment, or services for use within
the project in an amount no greater than $100,000 without
advertisement or without filing a requisition or estimate. A
full written account of each project performed by the sanitary
district and a requisition for the materials, supplies,
equipment, and services used by the sanitary district required
to complete the project must be submitted by the officials or
employees authorized to make purchases to the board of
trustees of the sanitary district no later than 30 days after
purchase. The full written account must be available for
public inspection for at least one year after expenditures are
made.
Notwithstanding the provisions of this Section, the
sanitary district is expressly authorized to establish such
procedures as it deems appropriate to comply with state or
federal regulations as to affirmative action and the

utilization of small and minority businesses in construction
and procurement contracts.
(Source: P.A. 100-882, eff. 8-14-18.)
(70 ILCS 2605/11.5) (from Ch. 42, par. 331.5)
Sec. 11.5. In the event of an emergency affecting the
public health or safety, so declared by action of the board of
trustees, which declaration shall describe the nature of the
injurious effect upon the public health or safety, contracts
may be let to the extent necessary to resolve such emergency
without public advertisement. The declaration shall fix the
date upon which such emergency shall terminate. The date may
be extended or abridged by the board of trustees as in its
judgment the circumstances require.
The executive director appointed in accordance with
Section 4 of this Act shall authorize in writing and certify to
the director of procurement and materials management those
officials or employees of the several departments of the
sanitary district who may purchase in the open market without
filing a requisition or estimate therefor, and without
advertisement, any supplies, materials, equipment or services,
for immediate delivery to meet bona fide operating emergencies
where the amount thereof is not in excess of $100,000 $50,000;
provided, that the director of procurement and materials
management shall be notified of such emergency. A full written
account of any such emergency together with a requisition for

the materials, supplies, equipment or services required
therefor shall be submitted immediately by the requisitioning
agent to the executive director and such report and
requisition shall be submitted to the director of procurement
and materials management and shall be open to public
inspection for a period of at least one year subsequent to the
date of such emergency purchase. The exercise of authority in
respect to purchases for such bona fide operating emergencies
shall not be dependent upon a declaration of emergency by the
board of trustees under the first paragraph of this Section.
(Source: P.A. 95-923, eff. 1-1-09; 96-165, eff. 8-10-09.)
ARTICLE 65.
Section 65-5. The Illinois Procurement Code is amended by
changing Section 45-105 as follows:
(30 ILCS 500/45-105)
Sec. 45-105. Bid preference for Illinois businesses.
(a) (Blank).
(b) It is hereby declared to be the public policy of the
State of Illinois to promote the economy of Illinois through
the use of Illinois businesses for all State construction
contracts.
(c) A construction agency, as defined in Section 1-15.25,
Construction agencies procuring construction and

construction-related professional services shall make
reasonable efforts to contract with Illinois businesses.
(d) Each Beginning in 2022, each construction agency shall
submit a report to the Governor and the General Assembly by
December September 1 of each year that identifies the Illinois
businesses procured by the construction agency, the primary
location of the construction project, the percentage of the
construction agency's utilization of Illinois businesses on
the project as a whole, and the actions that the construction
agency has undertaken to increase the use of Illinois
businesses.
(e) In procuring construction and construction-related
professional services for projects with a total value that
exceeds the small purchase maximum established by Section
20-20 of this Code, construction agencies shall provide a bid
preference to a responsive and responsible bidder that is an
Illinois business as defined in this Section. The construction
agency shall allocate to the lowest bid by an Illinois
business that is responsible and responsive a bid preference
of 4% of the contract base bid. This subsection applies only to
projects where a business that is not an Illinois business
submits a bid.
(f) This Section does not apply to any contract for any
project for which federal funds are available for expenditure
when its provisions may be in conflict with federal law or
federal regulation.

(g) As used in this Section, "Illinois business" means a
contractor that is operating and headquartered in Illinois and
providing, at the time that an invitation for a bid or notice
of contract opportunity is first advertised, construction or
construction-related professional services, and is operating
as:
(1) a sole proprietor whose primary residence is in
Illinois;
(2) a business incorporated or organized as a domestic
corporation under the Business Corporation Act of 1983;
(3) a business organized as a domestic partnership
under the Uniform Partnership Act of 1997;
(4) a business organized as a domestic limited
partnership under the Uniform Limited Partnership Act of
2001;
(5) a business organized under the Limited Liability
Company Act; or
(6) a business organized under the Professional
Limited Liability Company Act.
"Illinois business" does not include any subcontractors.
(Source: P.A. 102-721, eff. 1-1-23; 103-570, eff. 1-1-24.)
ARTICLE 70.
Section 70-5. The Governmental Joint Purchasing Act is
amended by changing Section 4 as follows:

(30 ILCS 525/4) (from Ch. 85, par. 1604)
Sec. 4. Bids, offers, and small purchases. The purchases
of all personal property, supplies and services under this
Act, except for small purchases, shall be based on competitive
solicitations unless, for purchases made pursuant to
subsection (a) of Section 2 of this Act, it is the
determination of the applicable chief procurement officer that
it is impractical to obtain competition. Purchases pursuant to
this Section shall follow the same procedures used for
competitive solicitations made pursuant to the Illinois
Procurement Code when the State is a party to the joint
purchase. For purchases made pursuant to subsection (a) of
Section 2 of this Act where the applicable chief procurement
officer makes the determination that it is impractical to
obtain competition, purchases shall either follow the same
procedure used for sole source procurements in Section 20-25
of the Illinois Procurement Code or the same procedure used
for emergency purchases in Section 20-30 of the Illinois
Procurement Code. For purchases pursuant to subsection (a) of
Section 2, bids and offers shall be solicited by public notice
inserted at least once in a newspaper of general circulation
in one of the counties where the materials are to be used and
at least 5 calendar days before the final date of submitting
bids or offers, except as otherwise provided in this Section.
Where the State of Illinois is a party to the joint purchase

agreement, public notice soliciting the bids or offers shall
be published in the appropriate volume of the Illinois
Procurement Bulletin. Such notice shall include a general
description of the supplies or services to be purchased and
shall state where specifications may be obtained and the time
and place for the opening of bids and offers. The governmental
unit conducting the competitive procurement process may also
solicit sealed bids or offers by sending requests by mail to
potential contractors and by posting notices on a public
bulletin board in its office. Small purchases pursuant to this
Section shall follow the same procedure used for small
purchases in Section 20-20 of the Illinois Procurement Code.
All purchases, orders or contracts shall be awarded to the
lowest responsible bidder or highest-ranked offeror, as ranked
by the cooperative purchasing program, or, if not ranked by
the cooperative purchasing program then by the purchasing
governmental unit, when the purchasing governmental unit
determines that the selected contract best meets the
governmental unit's needs, taking into consideration the
qualities of the articles or services supplied, their
conformity with the specifications, their suitability to the
requirements of the participating governmental units and the
delivery terms. A governmental unit may purchase a supply or
service that is available on contracts from multiple
contractors if the governmental unit determines that the
selected contract best meets the governmental unit's needs.

Where the State of Illinois is not a party, all bids or
offers may be rejected and new bids or offers solicited if one
or more of the participating governmental units believes the
public interest may be served thereby. Each bid or offer, with
the name of the bidder or offeror, shall be entered on a
record, which record with the successful bid or offer,
indicated thereon shall, after the award of the purchase or
order or contract, be open to public inspection. A copy of all
contracts shall be filed with the purchasing office or clerk
or secretary of each participating governmental unit.
(Source: P.A. 100-43, eff. 8-9-17.)
ARTICLE 75.
Section 75-5. The Commission on Equity and Inclusion Act
is amended by changing Section 40-10 as follows:
(30 ILCS 574/40-10)
Sec. 40-10. Powers and duties. In addition to the other
powers and duties which may be prescribed in this Act or
elsewhere, the Commission shall have the following powers and
duties:
(1) The Commission shall have a role in all State and
university procurement by facilitating and streamlining
communications between the Business Enterprise Council for
Minorities, Women, and Persons with Disabilities, the

purchasing entities, the Chief Procurement Officers, and
others.
(2) The Commission may create a scoring evaluation for
State agency directors, public university presidents and
chancellors, and public community college presidents. The
scoring shall be based on the following 3 principles: (i)
increasing capacity; (ii) growing revenue; and (iii)
enhancing credentials. These principles should be the
foundation of the agency compliance plan required under
Section 6 of the Business Enterprise for Minorities,
Women, and Persons with Disabilities Act.
(3) The Commission shall exercise the authority and
duties provided to it under Section 5-7 of the Illinois
Procurement Code.
(4) The Commission, working with State agencies, shall
provide support for diversity in State hiring.
(5) The Commission shall supervise oversee the
implementation and effectiveness of supplier diversity
training of the State procurement workforce.
(6) Each January, and as otherwise frequently as may
be deemed necessary and appropriate by the Commission, the
Commission shall propose and submit to the Governor and
the General Assembly legislative changes to increase
inclusion and diversity in State government.
(7) The Commission shall have oversight over the
following entities:

(A) the Illinois African-American Family
Commission;
(B) the Illinois Latino Family Commission;
(C) the Asian American Family Commission;
(D) the Illinois Muslim American Advisory Council;
(E) the Illinois African-American Fair Contracting
Commission created under Executive Order 2018-07; and
(F) the Business Enterprise Council for
Minorities, Women, and Persons with Disabilities.
(8) The Commission shall adopt any rules necessary for
the implementation and administration of the requirements
of this Act.
(9) The Commission shall exercise the authority and
duties provided to it under Section 45-57 of the Illinois
Procurement Code.
(Source: P.A. 101-657, eff. 1-1-22; 102-29, eff. 6-25-21;
102-671, eff. 11-30-21.)
ARTICLE 80.
Section 80-5. The Metropolitan Pier and Exposition
Authority Act is amended by changing Sections 24 and 25.4 as
follows:
(70 ILCS 210/24) (from Ch. 85, par. 1244)
Sec. 24. All contracts for the sale of property of the

value of more than $10,000 or for any concession in or lease of
property of the Authority for a term of more than one year
shall be awarded to the highest responsible bidder, after
advertising for bids, except as may be otherwise authorized by
this Act. All construction contracts, when the cost will
exceed $30,000, and contracts for supplies, materials,
equipment and services, when the cost thereof will exceed
$100,000 $10,000, shall be let to the lowest responsible
bidder, after advertising for bids, excepting (1) when repair
parts, accessories, equipment or services are required for
equipment or services previously furnished or contracted for,
(2) professional services contracted for in accordance with
Section 25.1 of this Act, (3) when services such as water,
light, heat, power, telephone (other than long-distance
service) or telegraph are required, (4) when contracts for the
use, purchase, delivery, movement, or installation of data
processing equipment, software, or services and
telecommunications equipment, software, and services are
required, and (5) when the immediate delivery of supplies,
materials, equipment, or services is required and (i) the
chief executive officer determines that an emergency situation
exists; (ii) the contract accepted is based on the lowest
responsible bid after the Authority has made a diligent effort
to solicit multiple bids by telephone, facsimile, or other
efficient means; and (iii) the chief executive officer submits
a report at the next regular Board meeting, to be ratified by

the Board and entered into the official record, stating the
chief executive officer's reason for declaring an emergency
situation, the names of the other parties solicited and their
bids, and a copy of the contract awarded.
All construction contracts involving less than $30,000 and
all other contracts involving less than $100,000 $10,000 shall
be let by competitive bidding whenever possible, and in any
event in a manner calculated to insure the best interests of
the public.
Each bidder shall disclose in his bid the name of each
individual having a beneficial interest, directly or
indirectly, of more than 7 1/2% in such bidding entity and, if
such bidding entity is a corporation, the names of each of its
officers and directors. The bidder shall notify the Board of
any changes in its ownership or its officers or directors at
the time such changes occur if the change occurs during the
pendency of a proposal or a contract.
In determining the responsibility of any bidder, the Board
may take into account past record of dealings with the bidder,
experience, adequacy of equipment, ability to complete
performance within the time set, and other factors besides
financial responsibility, but in no case shall any such
contracts be awarded to any other than the highest bidder (in
case of sale or concession or lease) or the lowest bidder (in
case of purchase or expenditure) unless authorized or approved
by a vote of at least three-fourths of the members of the

Board, and unless such action is accompanied by a statement in
writing setting forth the reasons for not awarding the
contract to the highest or lowest bidder, as the case may be,
which statement shall be kept on file in the principal office
of the Authority and open to public inspection.
From the group of responsible bidders the lowest bidder
shall be selected in the following manner: to all bids for
sales the gross receipts of which are not taxable under the
"Retailers' Occupation Tax Act", approved June 28, 1933, as
amended, there shall be added an amount equal to the tax which
would be payable under said Act, if applicable, and the lowest
in amount of said adjusted bids and bids for sales the gross
receipts of which are taxable under said Act shall be
considered the lowest bid; provided, that, if said lowest bid
relates to a sale not taxable under said Act, any contract
entered into thereon shall be in the amount of the original bid
not adjusted as aforesaid.
Contracts shall not be split into parts involving
expenditures of less than $100,000 $10,000 (or $30,000 in the
case of construction contracts) for the purposes of avoiding
the provisions of this Section, and all such split contracts
shall be void. If any collusion occurs among bidders or
prospective bidders in restraint of freedom of competition, by
agreement to bid a fixed amount or to refrain from bidding, or
otherwise, the bids of such bidders shall be void. Each bidder
shall accompany his bid with a sworn statement that he has not

been a party to any such agreement.
The Board shall have the right to reject all bids and to
readvertise for bids. If after any such readvertisement no
responsible and satisfactory bid, within the terms of the
advertisement, shall be received, the Board may award such
contract without competitive bidding, provided that it shall
not be less advantageous to the Authority than any valid bid
received pursuant to advertisement.
The Board shall adopt rules and regulations of general
application within 90 days of the effective date of this
amendatory Act of 1985 to carry into effect the provisions of
this Section.
(Source: P.A. 91-422, eff. 1-1-00.)
(70 ILCS 210/25.4)
Sec. 25.4. Contracts for professional services.
(a) When the Authority proposes to enter into a contract
or agreement for professional services, other than the
marketing agreement required in Section 5.6, the Authority
shall use a request for proposal process in accordance with
the Illinois Procurement Code.
(b) Any person that submits a response to a request for
proposals under this Section shall disclose in the response
the name of each individual having a beneficial interest
directly or indirectly of more than 7 1/2% in such person and,
if such person is a corporation, the names of each of its

officers and directors. The person shall notify the Board of
any changes in its ownership or its officers or directors at
the time such changes occur if the change occurs during the
pendency of a proposal or a contract.
(c) All contracts and agreements under this Section shall
be authorized and approved by the Board and shall be set forth
in a writing executed by the contractor and the Authority. No
payment shall be made under this Section until a written
contract or agreement shall be so authorized, approved, and
executed. A copy of each contract or agreement (whether or not
exempted under this Section) and the response, if any, to the
request for proposals upon which the contract was awarded must
be filed with the Secretary of the Authority and is required to
be open for public inspection.
(d) This Section applies to (i) contracts in excess of
$25,000 for architectural, engineering, or land surveying
services provided to the Authority; (ii) (i) contracts in
excess of $100,000 $25,000 for other professional services
provided to the Authority, including the services of
accountants, architects, attorneys, engineers, physicians,
superintendents of construction, financial advisors, bond
trustees, and other similar professionals possessing a high
degree of skill; and (iii) (ii) contracts or bond purchase
agreements in excess of $10,000 with underwriters or
investment bankers with respect to sale of the Authority's
bonds under this Act. This Section shall not apply to

contracts for professional services to be provided by, or the
agreement is with, a State agency, federal agency, or unit of
local government.
(Source: P.A. 96-898, eff. 5-27-10; 96-899, eff. 5-28-10.)
ARTICLE 85.
Section 85-5. The Public-Private Partnerships for
Transportation Act is amended by changing Sections 10, 15, 19,
and 35 as follows:
(630 ILCS 5/10)
Sec. 10. Definitions. As used in this Act:
"Approved proposal" means the proposal that is approved by
the responsible public entity pursuant to subsection (j) of
Section 20 of this Act.
"Approved proposer" means the private entity whose
proposal is the approved proposal.
"Authority" means the Illinois State Toll Highway
Authority.
"Contractor" means a private entity that has entered into
a public-private agreement with the responsible public entity
to provide services to or on behalf of the responsible public
entity.
"Department" means the Illinois Department of
Transportation.

"Design-build agreement" means the agreement between the
selected private entity and the responsible public entity
under which the selected private entity agrees to furnish
design, construction, and related services for a
transportation facility under this Act.
"Develop" or "development" means to do one or more of the
following: plan, design, develop, lease, acquire, install,
construct, reconstruct, rehabilitate, extend, or expand.
"Maintain" or "maintenance" includes ordinary maintenance,
repair, rehabilitation, capital maintenance, maintenance
replacement, and any other categories of maintenance that may
be designated by the responsible public entity.
"Operate" or "operation" means to do one or more of the
following: maintain, improve, equip, modify, or otherwise
operate.
"Private entity" means any combination of one or more
individuals, corporations, general partnerships, limited
liability companies, limited partnerships, joint ventures,
business trusts, nonprofit entities, or other business
entities that are parties to a proposal for a transportation
project or an agreement related to a transportation project. A
public agency may provide services to a contractor as a
subcontractor or subconsultant without affecting the private
status of the private entity and the ability to enter into a
public-private agreement. A transportation agency is not a
private entity.

"Proposal" means all materials and documents prepared by
or on behalf of a private entity relating to the proposed
development, financing, or operation of a transportation
facility as a transportation project.
"Proposer" means a private entity that has submitted an
unsolicited proposal for a public-private agreement to a
responsible public entity under this Act or a proposal or
statement of qualifications for a public-private agreement in
response to a request for proposals or a request for
qualifications issued by a responsible public entity under
this Act.
"Public-private agreement" means the public-private
agreement between the contractor and the responsible public
entity relating to one or more of the development, financing,
or operation of a transportation project that is entered into
under this Act.
"Request for information" means all materials and
documents prepared by or on behalf of the responsible public
entity to solicit information from private entities with
respect to transportation projects.
"Request for proposals" means all materials and documents
prepared by or on behalf of the responsible public entity to
solicit proposals from private entities to enter into a
public-private agreement.
"Request for qualifications" means all materials and
documents prepared by or on behalf of the responsible public

entity to solicit statements of qualification from private
entities to enter into a public-private agreement.
"Responsible public entity" means the Department of
Transportation, the Illinois State Toll Highway Authority, and
the 5 most populous counties of Illinois, as of the most recent
publicly available decennial census.
"Revenues" means all revenues, including any combination
of: income; earnings and interest; user fees; lease payments;
allocations; federal, State, and local appropriations, grants,
loans, lines of credit, and credit guarantees; bond proceeds;
equity investments; service payments; or other receipts;
arising out of or in connection with a transportation project,
including the development, financing, and operation of a
transportation project. The term includes money received as
grants, loans, lines of credit, credit guarantees, or
otherwise in aid of a transportation project from the federal
government, the State, a unit of local government, or any
agency or instrumentality of the federal government, the
State, or a unit of local government.
"Shortlist" means the process by which a responsible
public entity will review, evaluate, and rank statements of
qualifications submitted in response to a request for
qualifications and then identify the proposers who are
eligible to submit a detailed proposal in response to a
request for proposals. The identified proposers constitute the
shortlist for the transportation project to which the request

for proposals relates.
"Transportation agency" means (i) the Department or (ii)
the Authority.
"Transportation facility" means any new or existing road,
highway, toll highway, bridge, tunnel, intermodal facility,
intercity or high-speed passenger rail, or other
transportation facility or infrastructure, excluding airports,
under the jurisdiction of a responsible public entity, except
those facilities for the Illiana Expressway. The term
"transportation facility" may refer to one or more
transportation facilities that are proposed to be developed or
operated as part of a single transportation project.
"Transportation project" or "project" means any or the
combination of the design, development, construction,
financing, or operation with respect to all or a portion of any
transportation facility under the jurisdiction of the
responsible public entity, except those facilities for the
Illiana Expressway, undertaken pursuant to this Act.
"Unit of local government" has the meaning ascribed to
that term in Article VII, Section 1 of the Constitution of the
State of Illinois and also means any unit designated as a
municipal corporation.
"Unsolicited proposal" means a written proposal that is
submitted to a transportation agency responsible public entity
on the initiative of the private sector entity or entities for
the purpose of developing a partnership, and that is not in

response to a formal or informal request issued by a
transportation agency responsible public entity.
"User fees" or "tolls" means the rates, tolls, fees, or
other charges imposed by the contractor for use of all or a
portion of a transportation project under a public-private
agreement.
(Source: P.A. 103-570, eff. 1-1-24.)
(630 ILCS 5/15)
Sec. 15. Formation of public-private agreements; project
planning.
(a) Each responsible public entity may exercise the powers
granted by this Act to do some or all to design, develop,
construct, finance, and operate any part of one or more
transportation projects through public-private agreements with
one or more private entities, except for transportation
projects for the Illiana Expressway as defined in the Public
Private Agreements for the Illiana Expressway Act. The net
proceeds, if any, arising out of a transportation project or
public-private agreement undertaken by the Department pursuant
to this Act shall be deposited into the Public-Private
Partnerships for Transportation Fund. The net proceeds arising
out of a transportation project or public-private agreement
undertaken by the Authority pursuant to this Act shall be
deposited into the Illinois State Toll Highway Authority Fund
and shall be used only as authorized by Section 23 of the Toll

Highway Act.
(b) The Authority may enter into a public-private
partnership to design, develop, construct, finance, and
operate new toll highways authorized by the Governor and the
General Assembly pursuant to Section 14.1 of the Toll Highway
Act, non-highway transportation projects on the toll highway
system such as commuter rail or high-speed rail lines, and
intelligent transportation infrastructure that will enhance
the safety, efficiency, and environmental quality of the toll
highway system. The Authority may operate or provide
operational services such as toll collection on highways which
are developed or financed, or both, through a public-private
agreement entered into by another public entity, under an
agreement with the public entity or contractor responsible for
the transportation project.
(c) A contractor has:
(1) all powers allowed by law generally to a private
entity having the same form of organization as the
contractor; and
(2) the power to develop, finance, and operate the
transportation facility and to impose user fees in
connection with the use of the transportation facility,
subject to the terms of the public-private agreement.
No tolls or user fees may be imposed by the contractor
except as set forth in a public-private agreement.
(d) Prior to commencing the procurement process under an

unsolicited proposal or the issuance of any request for
qualifications or request for proposals with respect to any
potential project undertaken by a responsible public entity
pursuant to Section 19 or 20 of this Act, the commencement of a
procurement process for that particular potential project
shall be authorized by joint resolution of the General
Assembly.
(e) (Blank).
(f) Any project undertaken under this Act shall be subject
to all applicable planning requirements otherwise required by
law, including land use planning, regional planning,
transportation planning, and environmental compliance
requirements.
(g) (Blank).
(h) The responsible public entity shall hold one or more
public hearings before entering into negotiations with a
proposer following its submittals to the General Assembly
under subsection (d) of this Section. These public hearings
shall address any potential project that the responsible
public entity submitted to the General Assembly for review
under subsection (d). The responsible public entity shall
publish a notice of the hearing or hearings at least 7 days
before a hearing takes place, and shall include the following
in the notice: (i) the date, time, and place of the hearing and
the address of the responsible public entity; (ii) a brief
description of the potential projects that the responsible

public entity is considering undertaking; and (iii) a
statement that the public may comment on the potential
projects.
(i) Each year, at least 30 days prior to the beginning of
the transportation agency's fiscal year, the transportation
agency shall submit a description of potential projects that
the transportation agency is considering undertaking under
this Act to each county, municipality, and metropolitan
planning organization, with respect to each project located
within its boundaries.
(j) A new transportation facility developed as a project
under this Act must be consistent with the regional plan then
in existence of a metropolitan planning organization in whose
boundaries the project is located.
(Source: P.A. 103-570, eff. 1-1-24.)
(630 ILCS 5/19)
Sec. 19. Unsolicited proposals.
(a) A transportation agency responsible public entity may
receive unsolicited proposals for a project and may thereafter
enter into a public-private agreement with a private entity,
or a consortium of private entities, for the design,
construction, upgrading, operating, ownership, or financing of
facilities.
(b) A transportation agency responsible public entity may
consider, evaluate, and accept an unsolicited proposal for a

public-private partnership project from a private entity if
the proposal:
(1) is independently developed and drafted by the
proposer without transportation agency responsible public
entity supervision;
(2) shows that the proposed project could benefit the
transportation system;
(3) includes a financing plan to allow the project to
move forward pursuant to the applicable transportation
agency's responsible public entity's budget and finance
requirements; and
(4) includes sufficient detail and information for the
transportation agency responsible public entity to
evaluate the proposal in an objective and timely manner
and permit a determination that the project would be
worthwhile.
(c) The unsolicited proposal shall include the following:
(1) an executive summary covering the major elements
of the proposal;
(2) qualifications concerning the experience,
expertise, technical competence, and qualifications of the
private entity and of each member of its management team
and of other key employees, consultants, and
subcontractors, including the name, address, and
professional designation;
(3) a project description, including, when applicable:

(A) the limits, scope, and location of the
proposed project;
(B) right-of-way requirements;
(C) connections with other facilities and
improvements to those facilities necessary if the
project is developed;
(D) a conceptual project design; and
(E) a statement of the project's relationship to
and impact upon relevant existing plans of the
transportation agency responsible public entity;
(4) a facilities project schedule, including when
applicable, estimates of:
(A) dates of contract award;
(B) start of construction;
(C) completion of construction;
(D) start of operations; and
(E) major maintenance or reconstruction activities
during the life of the proposed project agreement;
(5) an operating plan describing the operation of the
completed facility if operation of a facility is part of
the proposal, describing the management structure and
approach, the proposed period of operations, enforcement,
emergency response, and other relevant information;
(6) a finance plan describing the proposed financing
of the project, identifying the source of funds to, where
applicable, design, construct, maintain, and manage the

project during the term of the proposed contract; and
(7) the legal basis for the project and licenses and
certifications; the private entity must demonstrate that
it has all licenses and certificates necessary to complete
the project.
(c-5) A transportation agency shall develop rules for
receiving, reviewing, and implementing unsolicited proposals
as outlined in this Section. A transportation agency shall
submit these rules for the First Notice period within one year
after the effective date of this amendatory Act of the 103rd
General Assembly. A transportation agency shall not receive
unsolicited proposals until rules are adopted.
(c-10) A transportation agency shall receive unsolicited
proposals no more than every 2 years for a time frame of no
more than 90 days.
(c-15) A nonnegotiable proposal review fee of $25,000
shall be required for an unsolicited proposal submitted under
this Act. A proposal review fee that is submitted with a
proposal for a project that is not an eligible project, or that
the Department is not otherwise legally authorized to accept,
shall be returned to the proposer. All other proposal review
fees are nonrefundable.
(d) Within 120 days after receiving an unsolicited
proposal, the transportation agency responsible public entity
shall complete a preliminary evaluation of the unsolicited
proposal and shall either:

(1) if the preliminary evaluation is unfavorable,
return the proposal without further action;
(2) if the preliminary evaluation is favorable, notify
the proposer that the transportation agency responsible
public entity will further evaluate the proposal; or
(3) request amendments, clarification, or modification
of the unsolicited proposal.
(e) The procurement process for unsolicited proposals
shall be as follows:
(1) If the transportation agency responsible public
entity chooses to further evaluate an unsolicited proposal
with the intent to enter into a public-private agreement
for the proposed project, then the transportation agency
responsible public entity shall publish notice in its
regular online publication for relevant procurements the
Illinois Procurement Bulletin or in a newspaper of general
circulation covering the location of the project at least
once a week for 2 weeks stating that the transportation
agency responsible public entity has received a proposal
and will accept other proposals for the same project. The
time frame within which the transportation agency
responsible public entity may accept other proposals shall
be determined by the transportation agency responsible
public entity on a project-by-project basis based upon the
complexity of the transportation project and the public
benefit to be gained by allowing a longer or shorter

period of time within which other proposals may be
received; however, the time frame for allowing other
proposals must be at least 21 days, but no more than 120
days, after the initial date of publication.
(2) A copy of the notice must be mailed to each local
government directly affected by the transportation
project.
(3) The transportation agency responsible public
entity shall provide reasonably sufficient information,
including the identity of its contact person, to enable
other private entities to make proposals.
(4) If, after no less than 120 days, no
counterproposal is received, or if the counterproposals
are evaluated and found to be equal to or inferior to the
original unsolicited proposal, the transportation agency
responsible public entity may proceed to negotiate a
contract with the original proposer.
(5) If, after no less than 120 days, one or more
counterproposals meeting unsolicited proposal standards
are received, and if, in the opinion of the transportation
agency responsible public entity, the counterproposals are
evaluated and found to be superior to the original
unsolicited proposal, the transportation agency
responsible public entity shall proceed to determine the
successful participant through a final procurement phase
known as "Best and Final Offer" (BAFO). The BAFO is a

process whereby a transportation agency responsible public
entity shall invite the original private sector party and
the proponent submitting the superior counterproposal to
engage in a BAFO phase. The invitation to participate in
the BAFO phase will provide to each participating
proposer:
(A) the general concepts that were considered
superior to the original proposal, while keeping
proprietary information contained in the proposals
confidential to the extent possible; and
(B) the preestablished evaluation criteria or the
"basis of award" to be used to determine the
successful proponent.
(6) Offers received in response to the BAFO invitation
will be reviewed by the transportation agency responsible
public entity and scored in accordance with a
preestablished criteria, or alternatively, in accordance
with the basis of award provision identified through the
BAFO process. The successful proponent will be the
proponent offering "best value" to the transportation
agency responsible public entity.
(7) In all cases, the basis of award will be the best
value to the transportation agency responsible public
entity, as determined by the transportation agency
responsible public entity.
(f) After a comprehensive evaluation and acceptance of an

unsolicited proposal and any alternatives, the transportation
agency must provide public notice of the proposal to members
of impacted communities meeting the following criteria:
responsible public entity
(1) Public notice shall be meaningful, timely, and
effective public notice of a proposal to members of
impacted communities, accounting for linguistic needs and
other relevant characteristics, and provide meaningful
opportunity for public comment on a proposal.
(2) The public notice and project application shall be
translated into non-English languages in impacted
communities where a language other than English is widely
spoken.
(3) The notice must, at a minimum, include all of the
following:
(A) the name of the applicant;
(B) the location of the use;
(C) a brief description of the use and its
impacts; and
(D) a link to a website where the application and
more detailed information on the use and its impacts
can be found.
(4) The notice shall be written at a third or fourth
grade reading level to ensure ease of understanding for
all members of the public.
(f-5) The transportation agency shall provide an

opportunity for public comment, which must, at a minimum,
include one public meeting within an impacted community. The
notice of a public meeting required under this subsection must
include:
(1) the date, time, and location of the public meeting
required under this Section;
(2) the date and time of all public meetings regarding
the project;
(3) where to access the project description required
under paragraph (3) of subsection (c), if applicable;
(4) the expected location of the project associated
construction duration; and
(5) a non-English version of the notice if 10% or more
of the local population speaks a primary language other
than English, which shall reflect the prevalent languages
of the non-English speaking residents in that area.
The public meeting is subject to the following rules:
(1) The public meeting must begin after 5:00 p.m. and
be located at a venue that is in a location within an
impacted equity investment community and easily accessible
to residents of other impacted equity investment eligible
communities.
(2) The public meeting must be at a venue that is
accessible to persons with disabilities and the owner or
operator of the venue must provide reasonable
accommodations, as defined in the Americans with

Disabilities Act, upon request.
(3) The transportation agency must provide translation
services during a public meeting if a proposed project is
located in an area in which 10% or more of the local
population speaks a primary language other than English,
if requested by a non-English speaking member of the
public.
During a public meeting, a proposer must:
(1) present the schedule and process for the project;
(2) include a question-and-answer portion of the
meeting to allow the public to ask questions; and
(3) ensure that representatives that speak on behalf
of the contractor are qualified and knowledgeable on the
subject matter to answer questions posed by the public.
The transportation agency shall have a representative
present at the public meeting who is familiar with the
proposed project. The transportation agency must create a
meeting summary, including issues raised by the public, and
respond to all questions in writing no later than 14 days after
the meeting. The transportation agency shall post the summary
and responses to the transportation agency's publicly
accessible website and advise the telephone, email, and text
lists along with the meeting summary document. The
transportation agency shall ensure that the public meeting is
made available to watch and participate in a meaningful way
online and recorded. The recording shall be made available on

a publicly accessible website.
After the public notice requirements are completed, the
transportation agency may commence negotiations with a
proposer, considering:
(1) the proposal has received a favorable
comprehensive evaluation;
(2) the proposal is not duplicative of existing
infrastructure project;
(3) the alternative proposal does not closely resemble
a pending competitive proposal for a public-private
private partnership or other procurement;
(4) the proposal demonstrates a unique method,
approach, or concept;
(5) facts and circumstances that preclude or warrant
additional competition;
(6) the availability of any funds, debts, or assets
that the State will contribute to the project;
(7) facts and circumstances demonstrating that the
project will likely have a significant adverse impact on
on State bond ratings; and
(8) indemnifications included in the proposal.
(Source: P.A. 103-570, eff. 1-1-24; revised 1-3-24.)
(630 ILCS 5/35)
Sec. 35. Public-private agreements.
(a) A responsible public entity may enter into

public-private agreements as outlined in this Section. The
transportation agency may receive unsolicited proposals to
enter into public-private agreements as outlined in Section
19.
(a-5) (a) Unless undertaking actions otherwise permitted
in an interim agreement entered into under Section 30 of this
Act, before developing, financing, or operating the
transportation project, the approved proposer shall enter into
a public-private agreement with the responsible public entity
transportation agency. Subject to the requirements of this
Act, a public-private agreement may provide that the approved
proposer, acting on behalf of the responsible public entity,
is partially or entirely responsible for any combination of
developing, financing, or operating the transportation project
under terms set forth in the public-private agreement.
(b) The public-private agreement may, as determined
appropriate by the responsible public entity for the
particular transportation project, provide for some or all of
the following:
(1) Development, financing, and operation of the
transportation project under terms set forth in the
public-private agreement, in any form as deemed
appropriate by the responsible public entity, including,
but not limited to, a long-term concession and lease, a
design-bid-build agreement, a design-build agreement, a
design-build-maintain agreement, a design-build-finance

agreement, a design-build-operate-maintain agreement and a
design-build-finance-operate-maintain agreement.
(2) Delivery of performance and payment bonds or other
performance security determined suitable by the
responsible public entity, including letters of credit,
United States bonds and notes, parent guaranties, and cash
collateral, in connection with the development, financing,
or operation of the transportation project, in the forms
and amounts set forth in the public-private agreement or
otherwise determined as satisfactory by the responsible
public entity to protect the responsible public entity and
payment bond beneficiaries who have a direct contractual
relationship with the contractor or a subcontractor of the
contractor to supply labor or material. The payment or
performance bond or alternative form of performance
security is not required for the portion of a
public-private agreement that includes only design,
planning, or financing services, the performance of
preliminary studies, or the acquisition of real property.
(3) Review of plans for any development or operation,
or both, of the transportation project by the responsible
public entity.
(4) Inspection of any construction of or improvements
to the transportation project by the responsible public
entity or another entity designated by the responsible
public entity or under the public-private agreement to

ensure that the construction or improvements conform to
the standards set forth in the public-private agreement or
are otherwise acceptable to the responsible public entity.
(5) Maintenance of:
(A) one or more policies of public liability
insurance (copies of which shall be filed with the
responsible public entity accompanied by proofs of
coverage); or
(B) self-insurance;
each in form and amount as set forth in the public-private
agreement or otherwise satisfactory to the responsible
public entity as reasonably sufficient to insure coverage
of tort liability to the public and employees and to
enable the continued operation of the transportation
project.
(6) Where operations are included within the
contractor's obligations under the public-private
agreement, monitoring of the maintenance practices of the
contractor by the responsible public entity or another
entity designated by the responsible public entity or
under the public-private agreement and the taking of the
actions the responsible public entity finds appropriate to
ensure that the transportation project is properly
maintained.
(7) Reimbursement to be paid to the responsible public
entity as set forth in the public-private agreement for

services provided by the responsible public entity.
(8) Filing of appropriate financial statements and
reports as set forth in the public-private agreement or as
otherwise in a form acceptable to the responsible public
entity on a periodic basis.
(9) Compensation or payments to the contractor.
Compensation or payments may include any or a combination
of the following:
(A) a base fee and additional fee for project
savings as the design-builder of a construction
project;
(B) a development fee, payable on a lump sum
lump-sum basis, progress payment basis, time and
materials basis, or another basis deemed appropriate
by the responsible public entity;
(C) an operations fee, payable on a lump sum
lump-sum basis, time and material basis, periodic
basis, or another basis deemed appropriate by the
responsible public entity;
(D) some or all of the revenues, if any, arising
out of operation of the transportation project;
(E) a maximum rate of return on investment or
return on equity or a combination of the two;
(F) in-kind services, materials, property,
equipment, or other items;
(G) compensation in the event of any termination;

(H) availability payments or similar arrangements
whereby payments are made to the contractor pursuant
to the terms set forth in the public-private agreement
or related agreements; or
(I) other compensation set forth in the
public-private agreement or otherwise deemed
appropriate by the responsible public entity.
(10) Compensation or payments to the responsible
public entity, if any. Compensation or payments may
include any or a combination of the following:
(A) a concession or lease payment or other fee,
which may be payable upfront or on a periodic basis or
on another basis deemed appropriate by the responsible
public entity;
(B) sharing of revenues, if any, from the
operation of the transportation project;
(C) sharing of project savings from the
construction of the transportation project;
(D) payment for any services, materials,
equipment, personnel, or other items provided by the
responsible public entity to the contractor under the
public-private agreement or in connection with the
transportation project; or
(E) other compensation set forth in the
public-private agreement or otherwise deemed
appropriate by the responsible public entity.

(11) The date and terms of termination of the
contractor's authority and duties under the public-private
agreement and the circumstances under which the
contractor's authority and duties may be terminated prior
to that date.
(12) Reversion of the transportation project to the
responsible public entity at the termination or expiration
of the public-private agreement.
(13) Rights and remedies of the responsible public
entity in the event that the contractor defaults or
otherwise fails to comply with the terms of the
public-private agreement.
(14) Procedures for the selection of professional
design firms and subcontractors for use by the responsible
public entity or eligible county as an owner's
representation services, which shall be include procedures
consistent with the Architectural, Engineering, and Land
Surveying Qualifications Based Selection Act for the
selection of professional design firms and may include, in
the discretion of the responsible public entity,
procedures consistent with the low bid procurement
procedures outlined in the Illinois Procurement Code for
the selection of construction companies.
(15) Other terms, conditions, and provisions that the
responsible public entity believes are in the public
interest.

(c) The responsible public entity may fix and revise the
amounts of user fees that a contractor may charge and collect
for the use of any part of a transportation project in
accordance with the public-private agreement. In fixing the
amounts, the responsible public entity may establish maximum
amounts for the user fees and may provide that the maximums and
any increases or decreases of those maximums shall be based
upon the indices, methodologies, or other factors the
responsible public entity considers appropriate.
(c-5) The Department may accept proposals subject to
environmental review and the documentation of the
environmental review. The environmental review and
documentation of the environmental review shall at all times
be conducted as directed by the Department, shall be subject
to the oversight of the Department, and shall comply with all
requirements of State and federal law, applicable federal
regulations, and the National Environmental Policy Act (42
U.S.C. 4321 et seq.), if applicable, including, but not
limited to, the study of alternatives to the proposed project
and any proposed alignments, procedural requirements, and the
completion of any and all environmental documents required to
be completed by the Department and any federal agency acting
as a lead agency. All environmental mitigation commitments
agreed to during the environmental review phase are required
to be implemented during project implementation, or, as
required, to ensure compliance is maintained with all

applicable environmental laws and regulations.
(d) A public-private agreement may:
(1) authorize the imposition of tolls in any manner
determined appropriate by the responsible public entity
for the transportation project;
(2) authorize the contractor to adjust the user fees
for the use of the transportation project, so long as the
amounts charged and collected by the contractor do not
exceed the maximum amounts established by the responsible
public entity under the public-private agreement;
(3) provide that any adjustment by the contractor
permitted under paragraph (2) of this subsection (d) may
be based on the indices, methodologies, or other factors
described in the public-private agreement or approved by
the responsible public entity;
(4) authorize the contractor to charge and collect
user fees through methods, including, but not limited to,
automatic vehicle identification systems, electronic toll
collection systems, and, to the extent permitted by law,
global positioning system-based, photo-based, or
video-based toll collection enforcement, provided that to
the maximum extent feasible the contractor will (i)
utilize open road tolling methods that allow payment of
tolls at highway speeds and (ii) comply with United States
Department of Transportation requirements and best
practices with respect to tolling methods; and

(5) authorize the collection of user fees by a third
party.
(e) In the public-private agreement, the responsible
public entity may agree to make grants or loans for the
development or operation, or both, of the transportation
project from time to time from amounts received from the
federal government or any agency or instrumentality of the
federal government or from any State or local agency.
(f) Upon the termination or expiration of the
public-private agreement, including a termination for default,
the responsible public entity shall have the right to take
over the transportation project and to succeed to all of the
right, title, and interest in the transportation project. Upon
termination or expiration of the public-private agreement
relating to a transportation project undertaken by the
Department, all real property acquired as a part of the
transportation project shall be held in the name of the State
of Illinois. Upon termination or expiration of the
public-private agreement relating to a transportation project
undertaken by the Authority, all real property acquired as a
part of the transportation project shall be held in the name of
the Authority.
(g) If a responsible public entity elects to take over a
transportation project as provided in subsection (f) of this
Section, the responsible public entity may do the following:
(1) develop, finance, or operate the project,

including through a public-private agreement entered into
in accordance with this Act; or
(2) impose, collect, retain, and use user fees, if
any, for the project.
(h) If a responsible public entity elects to take over a
transportation project as provided in subsection (f) of this
Section, the responsible public entity may use the revenues,
if any, for any lawful purpose, including to:
(1) make payments to individuals or entities in
connection with any financing of the transportation
project, including through a public-private agreement
entered into in accordance with this Act;
(2) permit a contractor to receive some or all of the
revenues under a public-private agreement entered into
under this Act;
(3) pay development costs of the project;
(4) pay current operation costs of the project or
facilities;
(5) pay the contractor for any compensation or payment
owing upon termination; and
(6) pay for the development, financing, or operation
of any other project or projects the responsible public
entity deems appropriate.
(i) The full faith and credit of the State or any political
subdivision of the State or the responsible public entity is
not pledged to secure any financing of the contractor by the

election to take over the transportation project. Assumption
of development or operation, or both, of the transportation
project does not obligate the State or any political
subdivision of the State or the responsible public entity to
pay any obligation of the contractor.
(j) The responsible public entity may enter into a
public-private agreement with multiple approved proposers if
the responsible public entity determines in writing that it is
in the public interest to do so.
(k) A public-private agreement shall not include any
provision under which the responsible public entity agrees to
restrict or to provide compensation to the private entity for
the construction or operation of a competing transportation
facility during the term of the public-private agreement.
(l) With respect to a public-private agreement entered
into by the Department, the Department shall certify in its
State budget request to the Governor each year the amount
required by the Department during the next State fiscal year
to enable the Department to make any payment obligated to be
made by the Department pursuant to that public-private
agreement, and the Governor shall include that amount in the
State budget submitted to the General Assembly.
(Source: P.A. 103-570, eff. 1-1-24.)
ARTICLE 99.