Bill Text: IL HB5491 | 2013-2014 | 98th General Assembly | Engrossed

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Bill Title: Amends the Illinois Procurement Code. Provides that every 3 years, beginning July 1, 2014, the Procurement Policy Board shall contract with an outside vendor to conduct a procurement efficiency review, and shall report the findings from its review together with recommendations for improvement to the Governor and the General Assembly. Provides that "prohibited conduct" includes requested payments or other consideration to a third party by the University or State Agency that is not part of the solicitation or that is unrelated to the subject matter or purpose of the solicitation. Provides that all State agencies shall, in consultation with the Department of Central Management Services, evaluate the State's existing lease portfolio prior to engaging in a procurement for real property or capital improvements. Effective immediately.

Spectrum: Bipartisan Bill

Status: (Passed) 2014-08-26 - Public Act . . . . . . . . . 98-1076 [HB5491 Detail]

Download: Illinois-2013-HB5491-Engrossed.html

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AN ACT concerning finance.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Procurement Code is amended by
changing Sections 20-50 and 40-5 as follows:
(30 ILCS 500/20-50)
Sec. 20-50. Specifications. Specifications shall be
prepared in accordance with consistent standards that are
promulgated by the chief procurement officer and reviewed by
the Board and the Joint Committee on Administrative Rules.
Those standards shall include a prohibition against the use of
brand-name only products, except for products intended for
retail sale or as specified by rule. All specifications shall
seek to promote overall economy for the purposes intended and
encourage competition in satisfying the State's needs and shall
not be unduly restrictive.
A solicitation or specification for a contract or a
contract, including, a contract but not limited to, of a
college, university, or institution under the jurisdiction of a
governing board listed in Section 1-15.100, may not require,
stipulate, suggest, or encourage a monetary or other financial
contribution or donation, cash bonus or incentive, or economic
investment, or other prohibited conduct as an explicit or

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implied term or condition for awarding or completing the
contract. The contract, solicitation, or specification also
may not include a requirement that an individual or individuals
employed by such a college, university, or institution receive
a consulting contract for professional services.
As used in this Section, "prohibited conduct" includes
requested payments or other consideration by a third party to
the university or State agency that is not part of the
solicitation or that is unrelated to the subject matter or
purpose of the solicitation. "Prohibited conduct" does not
include a payment from the vendor that is supported by
additional consideration (such as exclusive rights to sell
items or rights to advertise), other than the consideration of
the State's awarding a contract to purchase of goods and
services.
(Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793
for the effective date of changes made by P.A. 96-795).)
(30 ILCS 500/40-5)
Sec. 40-5. Applicability. All leases for real property or
capital improvements, including office and storage space,
buildings, and other facilities for State agencies, shall be
procured in accordance with the provisions of this Article. All
State agencies, with the exception of public institutions of
higher education, shall, in consultation with the Department of
Central Management Services, evaluate the State's existing

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lease portfolio prior to engaging in a procurement for real
property or capital improvements.
(Source: P.A. 90-572, eff. date - See Sec. 99-5.)
Section 99. Effective date. This Act takes effect upon
becoming law.