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1		AN ACT concerning finance.
2		Be it enacted by the People of the State of Illinois,
3		represented in the General Assembly:
4		Section 5. The Illinois Procurement Code is amended by
5		changing Sections 1-15.15, 10-20, 20-25, 20-60, 20-120, 35-15,
6		35-20, 35-25, 35-30, 35-35, 35-40, 40-15, 50-10.5, 50-35,
7		50-38, and 50-39 and by adding Sections 1-11 and 1-15.108 as
8		follows:
9		(30 ILCS 500/1-11 new)
10		Sec. 1-11. Applicability of certain Public Acts. The
11		changes made to this Code by Public Act 96-793, Public Act
12		96-795, and this amendatory Act of the 96th General Assembly
13		apply to those procurements for which contractors were first
14		solicited on or after July 1, 2010.
15		(30 ILCS 500/1-15.15)
16		(Text of Section before amendment by P.A. 96-795)
17		Sec. 1-15.15. Chief Procurement Officer. "Chief
18		Procurement Officer" means:
19		(1) for procurements for construction and
20		construction-related services committed by law to the
21		jurisdiction or responsibility of the Capital Development
22		Board, the executive director of the Capital Development

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1		Board.
2		(2) for procurements for all construction,
3		construction-related services, operation of any facility,
4		and the provision of any service or activity committed by
5		law to the jurisdiction or responsibility of the Illinois
6		Department of Transportation, including the direct or
7		reimbursable expenditure of all federal funds for which the
8		Department of Transportation is responsible or accountable
9		for the use thereof in accordance with federal law,
10		regulation, or procedure, the Secretary of Transportation.
11		(3) for all procurements made by a public institution
12		of higher education, a representative designated by the
13		Governor.
14		(4) for all procurements made by the Illinois Power
15		Agency, the Director of the Illinois Power Agency.
16		(5) for all other procurements, the Director of the
17		Department of Central Management Services.
18		(Source: P.A. 95-481, eff. 8-28-07.)
19		(Text of Section after amendment by P.A. 96-795)
20		Sec. 1-15.15. Chief Procurement Officer. "Chief
21		Procurement Officer" means any of the 4 persons appointed or
22		approved by a majority of the members of the Executive Ethics
23		Commission for:
24		(1) for procurements for construction and
25		construction-related services committed by law to the

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1		jurisdiction or responsibility of the Capital Development
2		Board, the independent chief procurement officer appointed
3		by a majority of the members of the Executive Ethics
4		Commission.
5		(2) for procurements for all construction,
6		construction-related services, operation of any facility,
7		and the provision of any construction or
8		construction-related service or activity committed by law
9		to the jurisdiction or responsibility of the Illinois
10		Department of Transportation, including the direct or
11		reimbursable expenditure of all federal funds for which the
12		Department of Transportation is responsible or accountable
13		for the use thereof in accordance with federal law,
14		regulation, or procedure, the independent chief
15		procurement officer appointed by the Secretary of
16		Transportation with the consent of the majority of the
17		members of the Executive Ethics Commission.
18		(3) for all procurements made by a public institution
19		of higher education, the independent chief procurement
20		officer appointed by a majority of the members of the
21		Executive Ethics Commission.
22		(4) (Blank).
23		(5) for all other procurements, the independent chief
24		procurement officer appointed by a majority of the members
25		of the Executive Ethics Commission.
26		(Source: P.A. 95-481, eff. 8-28-07; 96-795, eff. 7-1-10 (see

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1		Section 5 of P.A. 96-793 for the effective date of changes made
2		by P.A. 96-795).)
3		(30 ILCS 500/1-15.108 new)
4		Sec. 1-15.108. Subcontractor. "Subcontractor" means a
5		person or entity that enters into a contractual agreement with
6		a total value of $25,000 or more with a person or entity who
7		has or is seeking a contract subject to this Code pursuant to
8		which the person or entity provides some or all of the goods,
9		services, property, remuneration, or other forms of
10		consideration that are the subject of the primary State
11		contract, including subleases from a lessee of a State
12		contract.
13		(30 ILCS 500/10-20)
14		(This Section may contain text from a Public Act with a
15		delayed effective date)
16		Sec. 10-20. Independent chief procurement officers.
17		(a) Appointment. Within 60 days after the effective date of
18		this amendatory Act of the 96th General Assembly, the Executive
19		Ethics Commission, with the advice and consent of the Senate
20		shall appoint or approve 4 chief procurement officers, one for
21		each of the following categories:
22		(1) for procurements for construction and
23		construction-related services committed by law to the
24		jurisdiction or responsibility of the Capital Development

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1		Board;
2		(2) for procurements for all construction,
3		construction-related services, operation of any facility,
4		and the provision of any service or activity committed by
5		law to the jurisdiction or responsibility of the Illinois
6		Department of Transportation, including the direct or
7		reimbursable expenditure of all federal funds for which the
8		Department of Transportation is responsible or accountable
9		for the use thereof in accordance with federal law,
10		regulation, or procedure, the chief procurement officer
11		recommended for approval under this item appointed by the
12		Secretary of Transportation after consent by the Executive
13		Ethics Commission;
14		(3) for all procurements made by a public institution
15		of higher education; and
16		(4) for all other procurement needs of State agencies.
17		A chief procurement officer shall be responsible to the
18		Executive Ethics Commission but must be located within the
19		agency that the officer provides with procurement services. The
20		chief procurement officer for higher education shall have an
21		office located within the Board of Higher Education, unless
22		otherwise designated by the Executive Ethics Commission. The
23		chief procurement officer for all other procurement needs of
24		the State shall have an office located within the Department of
25		Central Management Services, unless otherwise designated by
26		the Executive Ethics Commission.

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

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1		fiduciary duty to the State.
2		(e) Vacancy. In case of a vacancy in one or more of the
3		offices of a chief procurement officer under this Section
4		during the recess of the Senate, the Executive Ethics
5		Commission shall make a temporary appointment until the next
6		meeting of the Senate, when the Executive Ethics Commission
7		shall nominate some person to fill the office, and any person
8		so nominated who is confirmed by the Senate shall hold office
9		during the remainder of the term and until his or her successor
10		is appointed and qualified. If the Senate is not in session at
11		the time this amendatory Act of the 96th General Assembly takes
12		effect, the Executive Ethics Commission shall make a temporary
13		appointment as in the case of a vacancy.
14		(f) Acting chief procurement officers. Prior to August 31,
15		2010, the Executive Ethics Commission may, until an initial
16		chief procurement officer is appointed and qualified,
17		designate some person as an acting chief procurement officer to
18		execute the powers and discharge the duties vested by law in
19		that chief procurement officer. An acting chief procurement
20		officer shall serve no later than the appointment of the
21		initial chief procurement officer pursuant to subsection (a) of
22		this Section. Nothing in this subsection shall prohibit the
23		Executive Ethics Commission from appointing an acting chief
24		procurement officer as a chief procurement officer.
25		(g) Transition schedule. Notwithstanding any other
26		provision of this Act or this amendatory Act of the 96th

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1		General Assembly, the chief procurement officers on the
2		effective date of Public Act 96-793 shall continue to serve as
3		chief procurement officers until August 31, 2010 and shall
4		retain their powers and duties pertaining to procurements,
5		provided the chief procurement officer appointed or approved by
6		the Executive Ethics Commission shall approve any rules
7		promulgated to implement this Code or the provisions of this
8		amendatory Act of the 96th General Assembly. The chief
9		procurement officers appointed or approved by the Executive
10		Ethics Commission shall assume the position of chief
11		procurement officer upon appointment and work in collaboration
12		with the current chief procurement officer and staff. On
13		September 1, 2010, the chief procurement officers appointed by
14		the Executive Ethics Commission shall assume the powers and
15		duties of the chief procurement officers.
16		(Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793
17		for the effective date of P.A. 96-795).)
18		(30 ILCS 500/20-25)
19		(Text of Section before amendment by P.A. 96-795)
20		Sec. 20-25. Sole source procurements. In accordance with
21		standards set by rule, contracts may be awarded without use of
22		the specified method of source selection when there is only one
23		economically feasible source for the item. At least 2 weeks
24		before entering into a sole source contract, the purchasing
25		agency shall publish in the Illinois Procurement Bulletin a

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1		notice of intent to do so along with a description of the item
2		to be procured and the intended sole source contractor.
3		(Source: P.A. 90-572, eff. date - See Sec. 99-5.)
4		(Text of Section after amendment by P.A. 96-795)
5		Sec. 20-25. Sole source procurements.
6		(a) In accordance with standards set by rule, contracts may
7		be awarded without use of the specified method of source
8		selection when there is only one economically feasible source
9		for the item. A State contract may not be awarded as a sole
10		source procurement unless approved by the chief procurement
11		officer following a public hearing at which the chief
12		procurement officer and purchasing agency present written
13		justification for the procurement method. The Procurement
14		Policy Board and the public may present testimony.
15		(b) This Section may not be used as a basis for amending a
16		contract for professional or artistic services if the amendment
17		would result in an increase in the amount paid under the
18		contract of more than 5% of the initial award, or would extend
19		the contract term beyond the time reasonably needed for a
20		competitive procurement, not to exceed 2 months.
21		(c) Notice of intent to enter into a sole source contract
22		shall be provided to the Procurement Policy Board and published
23		in the online electronic Bulletin at least 14 days before the
24		public hearing required in subsection (a). The notice shall
25		include the sole source procurement justification form

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1		prescribed by the Board, a description of the item to be
2		procured, the intended sole source contractor, and the date,
3		time, and location of the public hearing. A copy of the notice
4		and all documents provided at the hearing shall be included in
5		the subsequent Procurement Bulletin.
6		(d) By August 1 each year, each chief procurement officer
7		shall file a report with the General Assembly identifying each
8		contract the officer sought under the sole source procurement
9		method and providing the justification given for seeking sole
10		source as the procurement method for each of those contracts.
11		(Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793
12		for the effective date of changes made by P.A. 96-795).)
13		(30 ILCS 500/20-60)
14		Sec. 20-60. Duration of contracts.
15		(a) Maximum duration. A contract, other than a contract
16		entered into pursuant to the State University Certificates of
17		Participation Act, may be entered into for any period of time
18		deemed to be in the best interests of the State but not
19		exceeding 10 years inclusive, beginning January 1, 2010, of
20		proposed contract renewals. The length of a lease for real
21		property or capital improvements shall be in accordance with
22		the provisions of Section 40-25. A contract for bond or
23		mortgage insurance awarded by the Illinois Housing Development
24		Authority, however, may be entered into for any period of time
25		less than or equal to the maximum period of time that the

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1		subject bond or mortgage may remain outstanding.
2		(b) Subject to appropriation. All contracts made or entered
3		into shall recite that they are subject to termination and
4		cancellation in any year for which the General Assembly fails
5		to make an appropriation to make payments under the terms of
6		the contract.
7		(c) The chief procurement officer shall file a proposed
8		extension or renewal of a contract with the Procurement Policy
9		Board prior to entering into any extension or renewal if the
10		cost associated with the extension or renewal exceeds $249,999.
11		The Procurement Policy Board may object to the proposed
12		extension or renewal within 30 calendar days and require a
13		hearing before the Board prior to entering into the extension
14		or renewal. If the Procurement Policy Board does not object
15		within 30 calendar days or takes affirmative action to
16		recommend the extension or renewal, the chief procurement
17		officer may enter into the extension or renewal of a contract.
18		This subsection does not apply to any emergency procurement,
19		any procurement under Article 40, or any procurement exempted
20		by Section 1-10(b) of this Code. If any State agency contract
21		is paid for in whole or in part with federal-aid funds, grants,
22		or loans and the provisions of this subsection would result in
23		the loss of those federal-aid funds, grants, or loans, then the
24		contract is exempt from the provisions of this subsection in
25		order to remain eligible for those federal-aid funds, grants,
26		or loans, and the State agency shall file notice of this

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1		exemption with the Procurement Policy Board prior to entering
2		into the proposed extension or renewal. Nothing in this
3		subsection permits a chief procurement officer to enter into an
4		extension or renewal in violation of subsection (a). By August
5		1 each year, the Procurement Policy Board shall file a report
6		with the General Assembly identifying for the previous fiscal
7		year (i) the proposed extensions or renewals that were filed
8		with the Board and whether the Board objected and (ii) the
9		contracts exempt from this subsection.
10		(Source: P.A. 95-344, eff. 8-21-07; 96-15, eff. 6-22-09;
11		96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793 for the
12		effective date of changes made by P.A. 96-795).)
13		(30 ILCS 500/20-120)
14		(This Section may contain text from a Public Act with a
15		delayed effective date)
16		Sec. 20-120. Subcontractors.
17		(a) Any contract granted under this Code shall state
18		whether the services of a subcontractor will or may be used.
19		The To the extent that the information is known, the contract
20		shall include the names and addresses of all known
21		subcontractors with subcontracts with an annual value of more
22		than $25,000 and the expected amount of money each will receive
23		under the contract. For procurements subject to the authority
24		of the chief procurement officer appointed pursuant to
25		subsection (a)(2) of Section 10-20, the contract shall include

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1		only the names and addresses of all known subcontractors of the
2		primary contractor with subcontracts with an annual value of
3		more than $25,000. The contractor shall provide the chief
4		procurement officer or State purchasing officer a copy of any
5		subcontract with an annual value of more than $25,000 so
6		identified within 20 days after the execution of the State
7		contract or after execution of the subcontract, whichever is
8		later. A subcontractor, or contractor on behalf of a
9		subcontractor, may identify information that is deemed
10		proprietary or confidential. If the chief procurement officer
11		determines the information is not relevant to the primary
12		contract, the chief procurement officer may excuse the
13		inclusion of the information. If the chief procurement officer
14		determines the information is proprietary or could harm the
15		business interest of the subcontractor, the chief procurement
16		officer may, in his or her discretion, redact the information.
17		Redacted information shall not become part of the public
18		record.
19		(b) If at any time during the term of a contract, a
20		contractor adds or changes any subcontractors, he or she shall
21		promptly notify, in writing, the chief procurement officer,
22		State purchasing officer, or their designee of the names and
23		addresses and the expected amount of money each new or replaced
24		subcontractor will receive. The contractor shall provide to the
25		responsible chief procurement officer a copy of the subcontract
26		within 20 days after the execution of the subcontract.

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1		(c) In addition to any other requirements of this Code, a
2		subcontract subject to this Section must include all of the
3		subcontractor's certifications required by Article 50 of the
4		Code.
5		(d) This Section applies to procurements solicited
6		executed on or after the effective date of this amendatory Act
7		of the 96th General Assembly.
8		(Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793
9		for the effective date of P.A. 96-795).)
10		(30 ILCS 500/35-15)
11		Sec. 35-15. Prequalification.
12		(a) The chief procurement officer for matters other than
13		construction Director of Central Management Services, the
14		Illinois Power Agency, and the higher education chief
15		procurement officer shall each develop appropriate and
16		reasonable prequalification standards and categories of
17		professional and artistic services.
18		(b) The prequalifications and categorizations shall be
19		submitted to the Procurement Policy Board and published for
20		public comment prior to their submission to the Joint Committee
21		on Administrative Rules for approval.
22		(c) The chief procurement officer for matters other than
23		construction Director of Central Management Services, the
24		Illinois Power Agency, and the higher education chief
25		procurement officer shall each also assemble and maintain a

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1		comprehensive list of prequalified and categorized businesses
2		and persons.
3		(d) Prequalification shall not be used to bar or prevent
4		any qualified business or person for bidding or responding to
5		invitations for bid or proposal.
6		(Source: P.A. 95-481, eff. 8-28-07.)
7		(30 ILCS 500/35-20)
8		Sec. 35-20. Uniformity in procurement.
9		(a) The chief procurement officer for matters other than
10		construction Director of Central Management Services, the
11		Illinois Power Agency, and the higher education chief
12		procurement officer shall each develop, cause to be printed,
13		and distribute uniform documents for the solicitation, review,
14		and acceptance of all professional and artistic services.
15		(b) All chief procurement officers, State purchasing
16		officers, and their designees shall use the appropriate uniform
17		procedures and forms specified in this Code for all
18		professional and artistic services.
19		(c) These forms shall include in detail, in writing, at
20		least:
21		(1) a description of the goal to be achieved;
22		(2) the services to be performed;
23		(3) the need for the service;
24		(4) the qualifications that are necessary; and
25		(5) a plan for post-performance review.

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1		(Source: P.A. 95-481, eff. 8-28-07.)
2		(30 ILCS 500/35-25)
3		Sec. 35-25. Uniformity in contract.
4		(a) The chief procurement officer for matters other than
5		construction Director of Central Management Services, the
6		Illinois Power Agency, and the higher education chief
7		procurement officer shall each develop, cause to be printed,
8		and distribute uniform documents for the contracting of
9		professional and artistic services.
10		(b) All chief procurement officers, State purchasing
11		officers, and their designees shall use the appropriate uniform
12		contracts and forms in contracting for all professional and
13		artistic services.
14		(c) These contracts and forms shall include in detail, in
15		writing, at least:
16		(1) the detail listed in subsection (c) of Section
17		35-20;
18		(2) the duration of the contract, with a schedule of
19		delivery, when applicable;
20		(3) the method for charging and measuring cost (hourly,
21		per day, etc.);
22		(4) the rate of remuneration; and
23		(5) the maximum price.
24		(Source: P.A. 95-481, eff. 8-28-07.)

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1		(30 ILCS 500/35-30)
2		Sec. 35-30. Awards.
3		(a) All State contracts for professional and artistic
4		services, except as provided in this Section, shall be awarded
5		using the competitive request for proposal process outlined in
6		this Section.
7		(b) For each contract offered, the chief procurement
8		officer, State purchasing officer, or his or her designee shall
9		use the appropriate standard solicitation forms available from
10		the chief procurement officer for matters other than
11		construction Department of Central Management Services, the
12		Illinois Power Agency, or the higher education chief
13		procurement officer.
14		(c) Prepared forms shall be submitted to the chief
15		procurement officer for matters other than construction
16		Department of Central Management Services, the Illinois Power
17		Agency, or the higher education chief procurement officer,
18		whichever is appropriate, for publication in its Illinois
19		Procurement Bulletin and circulation to the chief procurement
20		officer for matters other than construction Department of
21		Central Management Services' or the higher education chief
22		procurement officer's list of prequalified vendors. Notice of
23		the offer or request for proposal shall appear at least 14 days
24		before the response to the offer is due.
25		(d) All interested respondents shall return their
26		responses to the chief procurement officer for matters other

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1		than construction Department of Central Management Services,
2		the Illinois Power Agency, or the higher education chief
3		procurement officer, whichever is appropriate, which shall
4		open and record them. The chief procurement officer for matters
5		other than construction Department or higher education chief
6		procurement officer then shall forward the responses, together
7		with any information it has available about the qualifications
8		and other State work of the respondents.
9		(e) After evaluation, ranking, and selection, the
10		responsible chief procurement officer, State purchasing
11		officer, or his or her designee shall notify the chief
12		procurement officer for matters other than construction
13		Department of Central Management Services, the Illinois Power
14		Agency, or the higher education chief procurement officer,
15		whichever is appropriate, of the successful respondent and
16		shall forward a copy of the signed contract for the chief
17		procurement officer for matters other than construction
18		Department's, Agency's, or higher education chief procurement
19		officer's file. The chief procurement officer for matters other
20		than construction Department, Agency, or higher education
21		chief procurement officer shall publish the names of the
22		responsible procurement decision-maker, the agency letting the
23		contract, the successful respondent, a contract reference, and
24		value of the let contract in the next appropriate volume of the
25		Illinois Procurement Bulletin.
26		(f) For all professional and artistic contracts with

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1		annualized value that exceeds $25,000, evaluation and ranking
2		by price are required. Any chief procurement officer or State
3		purchasing officer, but not their designees, may select an
4		offeror other than the lowest bidder by price. In any case,
5		when the contract exceeds the $25,000 threshold and the lowest
6		bidder is not selected, the chief procurement officer or the
7		State purchasing officer shall forward together with the
8		contract notice of who the low bidder was and a written
9		decision as to why another was selected to the chief
10		procurement officer for matters other than construction
11		Department of Central Management Services, the Illinois Power
12		Agency, or the higher education chief procurement officer,
13		whichever is appropriate. The chief procurement officer for
14		matters other than construction Department, Agency, or higher
15		education chief procurement officer shall publish as provided
16		in subsection (e) of Section 35-30, but shall include notice of
17		the chief procurement officer's or State purchasing officer's
18		written decision.
19		(g) The chief procurement officer for matters other than
20		construction Department of Central Management Services, the
21		Illinois Power Agency, and higher education chief procurement
22		officer may each refine, but not contradict, this Section by
23		promulgating rules for submission to the Procurement Policy
24		Board and then to the Joint Committee on Administrative Rules.
25		Any refinement shall be based on the principles and procedures
26		of the federal Architect-Engineer Selection Law, Public Law

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1		92-582 Brooks Act, and the Architectural, Engineering, and Land
2		Surveying Qualifications Based Selection Act; except that
3		pricing shall be an integral part of the selection process.
4		(Source: P.A. 95-331, eff. 8-21-07; 95-481, eff. 8-28-07.)
5		(30 ILCS 500/35-35)
6		Sec. 35-35. Exceptions.
7		(a) Exceptions to Section 35-30 are allowed for sole source
8		procurements, emergency procurements, and at the discretion of
9		the chief procurement officer or the State purchasing officer,
10		but not their designees, for professional and artistic
11		contracts that are nonrenewable, one year or less in duration,
12		and have a value of less than $20,000.
13		(b) All exceptions granted under this Article must still be
14		submitted to the chief procurement officer for matters other
15		than construction Department of Central Management Services,
16		the Illinois Power Agency, or the higher education chief
17		procurement officer, whichever is appropriate, and published
18		as provided for in subsection (f) of Section 35-30, shall name
19		the authorizing chief procurement officer or State purchasing
20		officer, and shall include a brief explanation of the reason
21		for the exception.
22		(Source: P.A. 95-481, eff. 8-28-07.)
23		(30 ILCS 500/35-40)
24		Sec. 35-40. Subcontractors.

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1		(a) Any contract granted under this Article shall state
2		whether the services of a subcontractor will be used. The
3		contract shall include the names and addresses of all
4		subcontractors and the expected amount of money each will
5		receive under the contract.
6		(b) If at any time during the term of a contract, a
7		contractor adds or changes any subcontractors, he or she shall
8		promptly notify, in writing, the chief procurement officer for
9		matters other than construction Department of Central
10		Management Services, the Illinois Power Agency, or the higher
11		education chief procurement officer, whichever is appropriate,
12		and the responsible chief procurement officer, State
13		purchasing officer, or their designee of the names and
14		addresses and the expected amount of money each new or replaced
15		subcontractor will receive.
16		(Source: P.A. 95-481, eff. 8-28-07.)
17		(30 ILCS 500/40-15)
18		Sec. 40-15. Method of source selection.
19		(a) Request for information. Except as provided in
20		subsections (b) and (c), all State contracts for leases of real
21		property or capital improvements shall be awarded by a request
22		for information process in accordance with Section 40-20.
23		(b) Other methods. A request for information process need
24		not be used in procuring any of the following leases:
25		(1) Property of less than 10,000 square feet with rent

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1		of less than $100,000 per year.
2		(2) (Blank) Rent of less than $100,000 per year.
3		(3) Duration of less than one year that cannot be
4		renewed.
5		(4) Specialized space available at only one location.
6		(5) Renewal or extension of a lease; provided that: (i)
7		the chief procurement officer determines in writing that
8		the renewal or extension is in the best interest of the
9		State; (ii) the chief procurement officer submits his or
10		her written determination and the renewal or extension to
11		the Board; (iii) the Board does not object in writing to
12		the renewal or extension within 30 days after its
13		submission; and (iv) the chief procurement officer
14		publishes the renewal or extension in the appropriate
15		volume of the Procurement Bulletin.
16		(c) Leases with governmental units. Leases with other
17		governmental units may be negotiated without using the request
18		for information process when deemed by the chief procurement
19		officer to be in the best interest of the State.
20		(Source: P.A. 95-647, eff. 10-11-07.)
21		(30 ILCS 500/50-10.5)
22		(Text of Section before amendment by P.A. 96-795)
23		Sec. 50-10.5. Prohibited bidders and contractors.
24		(a) Unless otherwise provided, no business shall bid or
25		enter into a contract with the State of Illinois or any State

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1		agency if the business or any officer, director, partner, or
2		other managerial agent of the business has been convicted of a
3		felony under the Sarbanes-Oxley Act of 2002 or a Class 3 or
4		Class 2 felony under the Illinois Securities Law of 1953 for a
5		period of 5 years from the date of conviction.
6		(b) Every bid submitted to and contract executed by the
7		State shall contain a certification by the bidder or contractor
8		that the contractor is not barred from being awarded a contract
9		under this Section and that the contractor acknowledges that
10		the contracting State agency shall declare the contract void if
11		the certification completed pursuant to this subsection (b) is
12		false.
13		(c) If a business is not a natural person, the prohibition
14		in subsection (a) applies only if:
15		(1) the business itself is convicted of a felony
16		referenced in subsection (a); or
17		(2) the business is ordered to pay punitive damages
18		based on the conduct of any officer, director, partner, or
19		other managerial agent who has been convicted of a felony
20		referenced in subsection (a).
21		(d) A natural person who is convicted of a felony
22		referenced in subsection (a) remains subject to Section 50-10.
23		(Source: P.A. 93-600, eff. 1-1-04.)
24		(Text of Section after amendment by P.A. 96-795)
25		Sec. 50-10.5. Prohibited bidders and contractors.

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1		(a) Unless otherwise provided, no business shall bid or
2		enter into a contract or subcontract under this Code if the
3		business or any officer, director, partner, or other managerial
4		agent of the business has been convicted of a felony under the
5		Sarbanes-Oxley Act of 2002 or a Class 3 or Class 2 felony under
6		the Illinois Securities Law of 1953 for a period of 5 years
7		from the date of conviction.
8		(b) Every bid submitted to and contract executed by the
9		State and every subcontract subject to Section 20-120 of this
10		Code shall contain a certification by the bidder, contractor,
11		or subcontractor, respectively, that the bidder, contractor,
12		or subcontractor is not barred from being awarded a contract or
13		subcontract under this Section and acknowledges that the chief
14		procurement officer shall declare the related contract void if
15		any of the certifications completed pursuant to this subsection
16		(b) are false.
17		(c) If a business is not a natural person, the prohibition
18		in subsection (a) applies only if:
19		(1) the business itself is convicted of a felony
20		referenced in subsection (a); or
21		(2) the business is ordered to pay punitive damages
22		based on the conduct of any officer, director, partner, or
23		other managerial agent who has been convicted of a felony
24		referenced in subsection (a).
25		(d) A natural person who is convicted of a felony
26		referenced in subsection (a) remains subject to Section 50-10.

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1		(e) No person or business shall bid or enter into a
2		contract under this Code if the person or business:
3		(1) assisted the State of Illinois or a State agency in
4		determining whether there is a need for a contract except
5		as part of a response to a publicly issued request for
6		information; or
7		(2) assisted the State of Illinois or a State agency by
8		reviewing, drafting, or preparing any invitation for bids,
9		a request for proposal, proposals or request for
10		information or provided similar assistance except as part
11		of a publicly issued opportunity to review drafts of all or
12		part of these documents.
13		This subsection does not prohibit a person or business from
14		submitting a bid or proposal or entering into a contract if the
15		person or business: (i) initiates a communication to provide
16		general information about products, services, or industry best
17		practices and, if applicable, that communication is documented
18		in accordance with Section 50-39 or (ii) responds to a
19		communication initiated by an employee of the State for the
20		purposes of providing information to evaluate new products,
21		trends, services, or technologies.
22		For purposes of this subsection (e), "business" includes
23		all individuals with whom a business is affiliated, including,
24		but not limited to, any officer, agent, employee, consultant,
25		independent contractor, director, partner, manager, or
26		shareholder of a business.

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1		(Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793
2		for the effective date of changes made by P.A. 96-795).)
3		(30 ILCS 500/50-35)
4		(Text of Section before amendment by P.A. 96-795)
5		Sec. 50-35. Disclosure and potential conflicts of
6		interest.
7		(a) All offers from responsive bidders or offerors with an
8		annual value of more than $10,000 shall be accompanied by
9		disclosure of the financial interests of the contractor,
10		bidder, or proposer. The financial disclosure of each
11		successful bidder or offeror shall become part of the publicly
12		available contract or procurement file maintained by the
13		appropriate chief procurement officer.
14		(b) Disclosure by the responsive bidders or offerors shall
15		include any ownership or distributive income share that is in
16		excess of 5%, or an amount greater than 60% of the annual
17		salary of the Governor, of the bidding entity or its parent
18		entity, whichever is less, unless the contractor or bidder (i)
19		is a publicly traded entity subject to Federal 10K reporting,
20		in which case it may submit its 10K disclosure in place of the
21		prescribed disclosure, or (ii) is a privately held entity that
22		is exempt from Federal 10k reporting but has more than 400
23		shareholders, in which case it may submit the information that
24		Federal 10k reporting companies are required to report under 17
25		CFR 229.401 and list the names of any person or entity holding

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1		any ownership share that is in excess of 5% in place of the
2		prescribed disclosure. The form of disclosure shall be
3		prescribed by the applicable chief procurement officer and must
4		include at least the names, addresses, and dollar or
5		proportionate share of ownership of each person identified in
6		this Section, their instrument of ownership or beneficial
7		relationship, and notice of any potential conflict of interest
8		resulting from the current ownership or beneficial
9		relationship of each person identified in this Section having
10		in addition any of the following relationships:
11		(1) State employment, currently or in the previous 3
12		years, including contractual employment of services.
13		(2) State employment of spouse, father, mother, son, or
14		daughter, including contractual employment for services in
15		the previous 2 years.
16		(3) Elective status; the holding of elective office of
17		the State of Illinois, the government of the United States,
18		any unit of local government authorized by the Constitution
19		of the State of Illinois or the statutes of the State of
20		Illinois currently or in the previous 3 years.
21		(4) Relationship to anyone holding elective office
22		currently or in the previous 2 years; spouse, father,
23		mother, son, or daughter.
24		(5) Appointive office; the holding of any appointive
25		government office of the State of Illinois, the United
26		States of America, or any unit of local government

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1		authorized by the Constitution of the State of Illinois or
2		the statutes of the State of Illinois, which office
3		entitles the holder to compensation in excess of expenses
4		incurred in the discharge of that office currently or in
5		the previous 3 years.
6		(6) Relationship to anyone holding appointive office
7		currently or in the previous 2 years; spouse, father,
8		mother, son, or daughter.
9		(7) Employment, currently or in the previous 3 years,
10		as or by any registered lobbyist of the State government.
11		(8) Relationship to anyone who is or was a registered
12		lobbyist in the previous 2 years; spouse, father, mother,
13		son, or daughter.
14		(9) Compensated employment, currently or in the
15		previous 3 years, by any registered election or re-election
16		committee registered with the Secretary of State or any
17		county clerk in the State of Illinois, or any political
18		action committee registered with either the Secretary of
19		State or the Federal Board of Elections.
20		(10) Relationship to anyone; spouse, father, mother,
21		son, or daughter; who is or was a compensated employee in
22		the last 2 years of any registered election or re-election
23		committee registered with the Secretary of State or any
24		county clerk in the State of Illinois, or any political
25		action committee registered with either the Secretary of
26		State or the Federal Board of Elections.

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1		(c) The disclosure in subsection (b) is not intended to
2		prohibit or prevent any contract. The disclosure is meant to
3		fully and publicly disclose any potential conflict to the chief
4		procurement officers, State purchasing officers, their
5		designees, and executive officers so they may adequately
6		discharge their duty to protect the State.
7		(d) In the case of any contract for personal services in
8		excess of $50,000; any contract competitively bid in excess of
9		$250,000; any other contract in excess of $50,000; when a
10		potential for a conflict of interest is identified, discovered,
11		or reasonably suspected it shall be reviewed and commented on
12		in writing by the Governor of the State of Illinois, or by an
13		executive ethics board or commission he or she might designate.
14		The comment shall be returned to the responsible chief
15		procurement officer who must rule in writing whether to void or
16		allow the contract, bid, offer, or proposal weighing the best
17		interest of the State of Illinois. The comment and
18		determination shall become a publicly available part of the
19		contract, bid, or proposal file.
20		(e) These thresholds and disclosure do not relieve the
21		chief procurement officer, the State purchasing officer, or
22		their designees from reasonable care and diligence for any
23		contract, bid, offer, or proposal. The chief procurement
24		officer, the State purchasing officer, or their designees shall
25		be responsible for using any reasonably known and publicly
26		available information to discover any undisclosed potential

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1		conflict of interest and act to protect the best interest of
2		the State of Illinois.
3		(f) Inadvertent or accidental failure to fully disclose
4		shall render the contract, bid, proposal, or relationship
5		voidable by the chief procurement officer if he or she deems it
6		in the best interest of the State of Illinois and, at his or
7		her discretion, may be cause for barring from future contracts,
8		bids, proposals, or relationships with the State for a period
9		of up to 2 years.
10		(g) Intentional, willful, or material failure to disclose
11		shall render the contract, bid, proposal, or relationship
12		voidable by the chief procurement officer if he or she deems it
13		in the best interest of the State of Illinois and shall result
14		in debarment from future contracts, bids, proposals, or
15		relationships for a period of not less than 2 years and not
16		more than 10 years. Reinstatement after 2 years and before 10
17		years must be reviewed and commented on in writing by the
18		Governor of the State of Illinois, or by an executive ethics
19		board or commission he or she might designate. The comment
20		shall be returned to the responsible chief procurement officer
21		who must rule in writing whether and when to reinstate.
22		(h) In addition, all disclosures shall note any other
23		current or pending contracts, proposals, leases, or other
24		ongoing procurement relationships the bidding, proposing, or
25		offering entity has with any other unit of State government and
26		shall clearly identify the unit and the contract, proposal,

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1		lease, or other relationship.
2		(Source: P.A. 95-331, eff. 8-21-07.)
3		(Text of Section after amendment by P.A. 96-795)
4		Sec. 50-35. Financial disclosure and potential conflicts
5		of interest.
6		(a) All offers from responsive bidders or offerors with an
7		annual value of more than $25,000 $10,000, and all subcontracts
8		identified as , copies of which must be provided by Section
9		20-120 of this Code, shall be accompanied by disclosure of the
10		financial interests of the contractor, bidder, or proposer and
11		each subcontractor to be used. The financial disclosure of each
12		successful bidder or offeror and its subcontractors shall be
13		incorporated as a material term of the contract and shall
14		become part of the publicly available contract or procurement
15		file maintained by the appropriate chief procurement officer.
16		Each disclosure under this Section and Section 50-34 shall be
17		signed and made under penalty of perjury by an authorized
18		officer or employee on behalf of the bidder or offeror, and
19		must be filed with the Procurement Policy Board.
20		(b) Disclosure shall include any ownership or distributive
21		income share that is in excess of 5%, or an amount greater than
22		60% of the annual salary of the Governor, of the disclosing
23		entity or its parent entity, whichever is less, unless the
24		contractor, bidder, or subcontractor (i) is a publicly traded
25		entity subject to Federal 10K reporting, in which case it may

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1		submit its 10K disclosure in place of the prescribed
2		disclosure, or (ii) is a privately held entity that is exempt
3		from Federal 10k reporting but has more than 400 shareholders,
4		in which case it may submit the information that Federal 10k
5		reporting companies are required to report under 17 CFR 229.401
6		and list the names of any person or entity holding any
7		ownership share that is in excess of 5% in place of the
8		prescribed disclosure. The form of disclosure shall be
9		prescribed by the applicable chief procurement officer and must
10		include at least the names, addresses, and dollar or
11		proportionate share of ownership of each person identified in
12		this Section, their instrument of ownership or beneficial
13		relationship, and notice of any potential conflict of interest
14		resulting from the current ownership or beneficial
15		relationship of each person identified in this Section having
16		in addition any of the following relationships:
17		(1) State employment, currently or in the previous 3
18		years, including contractual employment of services.
19		(2) State employment of spouse, father, mother, son, or
20		daughter, including contractual employment for services in
21		the previous 2 years.
22		(3) Elective status; the holding of elective office of
23		the State of Illinois, the government of the United States,
24		any unit of local government authorized by the Constitution
25		of the State of Illinois or the statutes of the State of
26		Illinois currently or in the previous 3 years.

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1		(4) Relationship to anyone holding elective office
2		currently or in the previous 2 years; spouse, father,
3		mother, son, or daughter.
4		(5) Appointive office; the holding of any appointive
5		government office of the State of Illinois, the United
6		States of America, or any unit of local government
7		authorized by the Constitution of the State of Illinois or
8		the statutes of the State of Illinois, which office
9		entitles the holder to compensation in excess of expenses
10		incurred in the discharge of that office currently or in
11		the previous 3 years.
12		(6) Relationship to anyone holding appointive office
13		currently or in the previous 2 years; spouse, father,
14		mother, son, or daughter.
15		(7) Employment, currently or in the previous 3 years,
16		as or by any registered lobbyist of the State government.
17		(8) Relationship to anyone who is or was a registered
18		lobbyist in the previous 2 years; spouse, father, mother,
19		son, or daughter.
20		(9) Compensated employment, currently or in the
21		previous 3 years, by any registered election or re-election
22		committee registered with the Secretary of State or any
23		county clerk in the State of Illinois, or any political
24		action committee registered with either the Secretary of
25		State or the Federal Board of Elections.
26		(10) Relationship to anyone; spouse, father, mother,

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1		son, or daughter; who is or was a compensated employee in
2		the last 2 years of any registered election or re-election
3		committee registered with the Secretary of State or any
4		county clerk in the State of Illinois, or any political
5		action committee registered with either the Secretary of
6		State or the Federal Board of Elections.
7		(b-1) The disclosure required under this Section must also
8		include the name and address of each lobbyist required to
9		register under the Lobbyist Registration Act and other agent of
10		the bidder or offeror who is not identified under subsections
11		(a) and (b) and who has communicated, is communicating, or may
12		communicate with any State officer or employee concerning the
13		bid or offer. The disclosure under this subsection is a
14		continuing obligation and must be promptly supplemented for
15		accuracy throughout the process and throughout the term of the
16		contract if the bid or offer is successful.
17		(b-2) The disclosure required under this Section must also
18		include, for each of the persons identified in subsection (b)
19		or (b-1), each of the following that occurred within the
20		previous 10 years: debarment from contracting with any
21		governmental entity; professional licensure discipline;
22		bankruptcies; adverse civil judgments and administrative
23		findings; and criminal felony convictions. The disclosure
24		under this subsection is a continuing obligation and must be
25		promptly supplemented for accuracy throughout the process and
26		throughout the term of the contract if the bid or offer is

SB3576 Enrolled - 35 - LRB096 20649 JAM 36362 b
1		successful.
2		(c) The disclosure in subsection (b) is not intended to
3		prohibit or prevent any contract. The disclosure is meant to
4		fully and publicly disclose any potential conflict to the chief
5		procurement officers, State purchasing officers, their
6		designees, and executive officers so they may adequately
7		discharge their duty to protect the State.
8		(d) When a potential for a conflict of interest is
9		identified, discovered, or reasonably suspected, the chief
10		procurement officer or State procurement officer shall send the
11		contract to the Procurement Policy Board. The Board shall
12		recommend, in writing, whether to allow or void the contract,
13		bid, offer, or subcontract weighing the best interest of the
14		State of Illinois. All recommendations shall be submitted to
15		the chief procurement officer. The chief procurement officer
16		must hold a public hearing if the Procurement Policy Board
17		makes a recommendation to (i) void a contract or (ii) void a
18		bid or offer and the chief procurement officer selected or
19		intends to award the contract to the bidder or offeror. A chief
20		procurement officer is prohibited from awarding a contract
21		before a hearing if the Board recommendation does not support a
22		bid or offer. The recommendation and proceedings of any
23		hearing, if applicable, shall become part of the contract, bid,
24		or proposal file and shall be available to the public.
25		(e) These thresholds and disclosure do not relieve the
26		chief procurement officer, the State purchasing officer, or

SB3576 Enrolled - 36 - LRB096 20649 JAM 36362 b
1		their designees from reasonable care and diligence for any
2		contract, bid, offer, or proposal. The chief procurement
3		officer, the State purchasing officer, or their designees shall
4		be responsible for using any reasonably known and publicly
5		available information to discover any undisclosed potential
6		conflict of interest and act to protect the best interest of
7		the State of Illinois.
8		(f) Inadvertent or accidental failure to fully disclose
9		shall render the contract, bid, proposal, subcontract, or
10		relationship voidable by the chief procurement officer if he or
11		she deems it in the best interest of the State of Illinois and,
12		at his or her discretion, may be cause for barring from future
13		contracts, bids, proposals, subcontracts, or relationships
14		with the State for a period of up to 2 years.
15		(g) Intentional, willful, or material failure to disclose
16		shall render the contract, bid, proposal, subcontract, or
17		relationship voidable by the chief procurement officer if he or
18		she deems it in the best interest of the State of Illinois and
19		shall result in debarment from future contracts, bids,
20		proposals, subcontracts, or relationships for a period of not
21		less than 2 years and not more than 10 years. Reinstatement
22		after 2 years and before 10 years must be reviewed and
23		commented on in writing by the Governor of the State of
24		Illinois, or by an executive ethics board or commission he or
25		she might designate. The comment shall be returned to the
26		responsible chief procurement officer who must rule in writing

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1		whether and when to reinstate.
2		(h) In addition, all disclosures shall note any other
3		current or pending contracts, proposals, subcontracts, leases,
4		or other ongoing procurement relationships the bidding,
5		proposing, offering, or subcontracting entity has with any
6		other unit of State government and shall clearly identify the
7		unit and the contract, proposal, lease, or other relationship.
8		(i) The contractor or bidder has a continuing obligation to
9		supplement the disclosure required by this Section throughout
10		the bidding process or during the term of any contract.
11		(Source: P.A. 95-331, eff. 8-21-07; 96-795, eff. 7-1-10 (see
12		Section 5 of P.A. 96-793 for the effective date of changes made
13		by P.A. 96-795).)
14		(30 ILCS 500/50-38)
15		(This Section may contain text from a Public Act with a
16		delayed effective date)
17		Sec. 50-38. Lobbying restrictions.
18		(a) A person or business that is let or awarded a contract
19		is not entitled to receive any payment, compensation, or other
20		remuneration from the State to compensate the person or
21		business for any expenses related to travel, lodging, or meals
22		that are paid by the person or business to any officer, agent,
23		employee, consultant, independent contractor, director,
24		partner, manager, or shareholder.
25		(b) Any bidder or offeror on a State contract that hires a

SB3576 Enrolled - 38 - LRB096 20649 JAM 36362 b
1		person required to register under the Lobbyist Registration Act
2		to assist in obtaining a contract shall (i) disclose all costs,
3		fees, compensation, reimbursements, and other remunerations
4		paid or to be paid to the lobbyist related to the contract,
5		(ii) not bill or otherwise cause the State of Illinois to pay
6		for any of the lobbyist's costs, fees, compensation,
7		reimbursements, or other remuneration, and (iii) sign a
8		verification certifying that none of the lobbyist's costs,
9		fees, compensation, reimbursements, or other remuneration were
10		billed to the State. This information, along with all
11		supporting documents, shall be filed with the agency awarding
12		the contract and with the Secretary of State. The chief
13		procurement officer shall post this information, together with
14		the contract award notice, in the online Procurement Bulletin.
15		(c) Ban on contingency fee. No person or entity shall
16		retain a person or entity required to register under the
17		Lobbyist Registration Act to attempt to influence the outcome
18		of a procurement decision made under this Code for compensation
19		contingent in whole or in part upon the decision or
20		procurement. Any person who violates this subsection is guilty
21		of a business offense and shall be fined not more than $10,000.
22		(Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793
23		for the effective date of P.A. 96-795).)
24		(30 ILCS 500/50-39)
25		(This Section may contain text from a Public Act with a

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1		delayed effective date)
2		Sec. 50-39. Procurement communications reporting
3		requirement.
4		(a) Any written or oral communication received by a State
5		employee that imparts or requests material information or makes
6		a material argument regarding potential action concerning a
7		procurement matter, including, but not limited to, an
8		application, a contract, or a project, shall be reported to the
9		Procurement Policy Board. These communications do not include
10		the following: (i) statements by a person publicly made in a
11		public forum; (ii) statements regarding matters of procedure
12		and practice, such as format, the number of copies required,
13		the manner of filing, and the status of a matter; and (iii)
14		statements made by a State employee of the agency to the agency
15		head or other employees of that agency or to the employees of
16		the Executive Ethics Commission. The provisions of this Section
17		shall not apply to communications regarding the administration
18		and implementation of an existing contract, except
19		communications regarding change orders or the renewal or
20		extension of a contract.
21		(b) The report required by subsection (a) shall be
22		submitted monthly and include at least the following: (i) the
23		date and time of each communication; (ii) the identity of each
24		person from whom the written or oral communication was
25		received, the individual or entity represented by that person,
26		and any action the person requested or recommended; (iii) the

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1		identity and job title of the person to whom each communication
2		was made; (iv) if a response is made, the identity and job
3		title of the person making each response; (v) a detailed
4		summary of the points made by each person involved in the
5		communication; (vi) the duration of the communication; (vii)
6		the location or locations of all persons involved in the
7		communication and, if the communication occurred by telephone,
8		the telephone numbers for the callers and recipients of the
9		communication; and (viii) any other pertinent information.
10		(c) Additionally, when an oral communication made by a
11		person required to register under the Lobbyist Registration Act
12		is received by a State employee that is covered under this
13		Section, all individuals who initiate or participate in the
14		oral communication shall submit a written report to that State
15		employee that memorializes the communication and includes, but
16		is not limited to, the items listed in subsection (b).
17		(d) The Procurement Policy Board shall make each report
18		submitted pursuant to this Section available on its website
19		within 7 days after its receipt of the report. The Procurement
20		Policy Board may promulgate rules to ensure compliance with
21		this Section.
22		(e) The reporting requirements shall also be conveyed
23		through ethics training under the State Employees and Officials
24		Ethics Act. An employee who knowingly and intentionally
25		violates this Section shall be subject to suspension or
26		discharge. The Executive Ethics Commission shall promulgate

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1		rules, including emergency rules, to implement this Section.
2		(f) This Section becomes operative on January 1, 2011.
3		(Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793
4		for the effective date of changes made by P.A. 96-795).)
5		Section 95. No acceleration or delay. Where this Act makes
6		changes in a statute that is represented in this Act by text
7		that is not yet or no longer in effect (for example, a Section
8		represented by multiple versions), the use of that text does
9		not accelerate or delay the taking effect of (i) the changes
10		made by this Act or (ii) provisions derived from any other
11		Public Act.
12		Section 99. Effective date. This Act takes effect July 1,
13		2010.