Bill Text: IL SB0008 | 2017-2018 | 100th General Assembly | Engrossed


Bill Title: Amends the State Officials and Employees Ethics Act. Provides that the Executive Ethics Commission may (rather than shall) appoint procurement compliance monitors. Amends the Illinois Procurement Code. Exempts certain contracts from the Code. Requires certain contracts concerning trade shows to be published in the Illinois Procurement Bulletin. Exempts certain processes used by the Illinois Student Assistance Commission. Re-enacts and makes changes to provisions concerning higher education and artistic and musical services procurement. Requires all State agencies to respond promptly in writing to the Procurement Policy Board. Provides that State purchasing officers owe a fiduciary duty to the State. Removes various duties of the procurement compliance monitors. Makes changes to provisions concerning multiple awards and bidding processes. Allows for the use of a pool of competitively-selected vendors. Creates certain provisions concerning best value procurement. Allows departments and institutions to purchase and equip off-road construction equipment utilizing the best value procurement process. Increases the limit of small purchases from $10,000 to $100,000. Allows a chief procurement officer to provide a bidder or offeror 5 days to comply with certain provisions of the Code concerning certification and registration with the State Board of Elections. Makes changes to provisions concerning prohibited bidders and reporting. Repeals provisions of the Code concerning exceptions to the Code and procurement communications reporting requirements. Makes other changes. Amends the Small Business Contracts Act, Governmental Joint Purchases Act, and Illinois Human Rights Act to make other changes. Effective July 1, 2017, but this Act does not take effect at all unless Senate Bills 1, 2, 3, 4, 5, 6, 7, 9, 10, 11, 12, and 13 of the 100th General Assembly become law.

Spectrum: Moderate Partisan Bill (Republican 32-10)

Status: (Engrossed) 2017-05-26 - House Floor Amendment No. 3 Referred to Rules Committee [SB0008 Detail]

Download: Illinois-2017-SB0008-Engrossed.html



SB0008 EngrossedLRB100 06368 MLM 16407 b
1 AN ACT concerning finance.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The State Officials and Employees Ethics Act is
5amended by changing Section 20-5 as follows:
6 (5 ILCS 430/20-5)
7 Sec. 20-5. Executive Ethics Commission.
8 (a) The Executive Ethics Commission is created.
9 (b) The Executive Ethics Commission shall consist of 9
10commissioners. The Governor shall appoint 5 commissioners, and
11the Attorney General, Secretary of State, Comptroller, and
12Treasurer shall each appoint one commissioner. Appointments
13shall be made by and with the advice and consent of the Senate
14by three-fifths of the elected members concurring by record
15vote. Any nomination not acted upon by the Senate within 60
16session days of the receipt thereof shall be deemed to have
17received the advice and consent of the Senate. If, during a
18recess of the Senate, there is a vacancy in an office of
19commissioner, the appointing authority shall make a temporary
20appointment until the next meeting of the Senate when the
21appointing authority shall make a nomination to fill that
22office. No person rejected for an office of commissioner shall,
23except by the Senate's request, be nominated again for that

SB0008 Engrossed- 2 -LRB100 06368 MLM 16407 b
1office at the same session of the Senate or be appointed to
2that office during a recess of that Senate. No more than 5
3commissioners may be of the same political party.
4 The terms of the initial commissioners shall commence upon
5qualification. Four initial appointees of the Governor, as
6designated by the Governor, shall serve terms running through
7June 30, 2007. One initial appointee of the Governor, as
8designated by the Governor, and the initial appointees of the
9Attorney General, Secretary of State, Comptroller, and
10Treasurer shall serve terms running through June 30, 2008. The
11initial appointments shall be made within 60 days after the
12effective date of this Act.
13 After the initial terms, commissioners shall serve for
144-year terms commencing on July 1 of the year of appointment
15and running through June 30 of the fourth following year.
16Commissioners may be reappointed to one or more subsequent
17terms.
18 Vacancies occurring other than at the end of a term shall
19be filled by the appointing authority only for the balance of
20the term of the commissioner whose office is vacant.
21 Terms shall run regardless of whether the position is
22filled.
23 (c) The appointing authorities shall appoint commissioners
24who have experience holding governmental office or employment
25and shall appoint commissioners from the general public. A
26person is not eligible to serve as a commissioner if that

SB0008 Engrossed- 3 -LRB100 06368 MLM 16407 b
1person (i) has been convicted of a felony or a crime of
2dishonesty or moral turpitude, (ii) is, or was within the
3preceding 12 months, engaged in activities that require
4registration under the Lobbyist Registration Act, (iii) is
5related to the appointing authority, or (iv) is a State officer
6or employee.
7 (d) The Executive Ethics Commission shall have
8jurisdiction over all officers and employees of State agencies
9other than the General Assembly, the Senate, the House of
10Representatives, the President and Minority Leader of the
11Senate, the Speaker and Minority Leader of the House of
12Representatives, the Senate Operations Commission, the
13legislative support services agencies, and the Office of the
14Auditor General. The Executive Ethics Commission shall have
15jurisdiction over all board members and employees of Regional
16Transit Boards. The jurisdiction of the Commission is limited
17to matters arising under this Act, except as provided in
18subsection (d-5).
19 A member or legislative branch State employee serving on an
20executive branch board or commission remains subject to the
21jurisdiction of the Legislative Ethics Commission and is not
22subject to the jurisdiction of the Executive Ethics Commission.
23 (d-5) The Executive Ethics Commission shall have
24jurisdiction over all chief procurement officers and
25procurement compliance monitors and their respective staffs.
26The Executive Ethics Commission shall have jurisdiction over

SB0008 Engrossed- 4 -LRB100 06368 MLM 16407 b
1any matters arising under the Illinois Procurement Code if the
2Commission is given explicit authority in that Code.
3 (d-6) (1) The Executive Ethics Commission shall have
4jurisdiction over the Illinois Power Agency and its staff. The
5Director of the Agency shall be appointed by a majority of the
6commissioners of the Executive Ethics Commission, subject to
7Senate confirmation, for a term of 2 years. The Director is
8removable for cause by a majority of the Commission upon a
9finding of neglect, malfeasance, absence, or incompetence.
10 (2) In case of a vacancy in the office of Director of the
11Illinois Power Agency during a recess of the Senate, the
12Executive Ethics Commission may make a temporary appointment
13until the next meeting of the Senate, at which time the
14Executive Ethics Commission shall nominate some person to fill
15the office, and any person so nominated who is confirmed by the
16Senate shall hold office during the remainder of the term and
17until his or her successor is appointed and qualified. Nothing
18in this subsection shall prohibit the Executive Ethics
19Commission from removing a temporary appointee or from
20appointing a temporary appointee as the Director of the
21Illinois Power Agency.
22 (3) Prior to June 1, 2012, the Executive Ethics Commission
23may, until the Director of the Illinois Power Agency is
24appointed and qualified or a temporary appointment is made
25pursuant to paragraph (2) of this subsection, designate some
26person as an acting Director to execute the powers and

SB0008 Engrossed- 5 -LRB100 06368 MLM 16407 b
1discharge the duties vested by law in that Director. An acting
2Director shall serve no later than 60 calendar days, or upon
3the making of an appointment pursuant to paragraph (1) or (2)
4of this subsection, whichever is earlier. Nothing in this
5subsection shall prohibit the Executive Ethics Commission from
6removing an acting Director or from appointing an acting
7Director as the Director of the Illinois Power Agency.
8 (4) No person rejected by the Senate for the office of
9Director of the Illinois Power Agency shall, except at the
10Senate's request, be nominated again for that office at the
11same session or be appointed to that office during a recess of
12that Senate.
13 (e) The Executive Ethics Commission must meet, either in
14person or by other technological means, at least monthly and as
15often as necessary. At the first meeting of the Executive
16Ethics Commission, the commissioners shall choose from their
17number a chairperson and other officers that they deem
18appropriate. The terms of officers shall be for 2 years
19commencing July 1 and running through June 30 of the second
20following year. Meetings shall be held at the call of the
21chairperson or any 3 commissioners. Official action by the
22Commission shall require the affirmative vote of 5
23commissioners, and a quorum shall consist of 5 commissioners.
24Commissioners shall receive compensation in an amount equal to
25the compensation of members of the State Board of Elections and
26may be reimbursed for their reasonable expenses actually

SB0008 Engrossed- 6 -LRB100 06368 MLM 16407 b
1incurred in the performance of their duties.
2 (f) No commissioner or employee of the Executive Ethics
3Commission may during his or her term of appointment or
4employment:
5 (1) become a candidate for any elective office;
6 (2) hold any other elected or appointed public office
7 except for appointments on governmental advisory boards or
8 study commissions or as otherwise expressly authorized by
9 law;
10 (3) be actively involved in the affairs of any
11 political party or political organization; or
12 (4) advocate for the appointment of another person to
13 an appointed or elected office or position or actively
14 participate in any campaign for any elective office.
15 (g) An appointing authority may remove a commissioner only
16for cause.
17 (h) The Executive Ethics Commission shall appoint an
18Executive Director. The compensation of the Executive Director
19shall be as determined by the Commission. The Executive
20Director of the Executive Ethics Commission may employ and
21determine the compensation of staff, as appropriations permit.
22 (i) The Executive Ethics Commission shall appoint, by a
23majority of the members appointed to the Commission, chief
24procurement officers and may appoint procurement compliance
25monitors in accordance with the provisions of the Illinois
26Procurement Code. The compensation of a chief procurement

SB0008 Engrossed- 7 -LRB100 06368 MLM 16407 b
1officer and procurement compliance monitor shall be determined
2by the Commission.
3(Source: P.A. 96-555, eff. 8-18-09; 96-1528, eff. 7-1-11;
497-618, eff. 10-26-11; 97-677, eff. 2-6-12.)
5 Section 10. The Illinois Procurement Code is amended by
6re-enacting and changing Sections 1-12 and 1-13, by changing
7Sections 1-10, 1-15.20, 5-5, 5-30, 10-10, 10-15, 15-25, 20-10,
820-15, 20-20, 20-25, 20-30, 20-43, 20-155, 20-160, 20-170,
925-85, 40-25, 45-30, 45-45, 45-57, 50-2, 50-10, 50-10.5, 50-40,
10and 50-45, and by adding Sections 1-12.1, 1-13.1, 1-15.47,
111-15.48, 20-170, and 25-85 as follows:
12 (30 ILCS 500/1-10)
13 Sec. 1-10. Application.
14 (a) This Code applies only to procurements for which
15bidders, offerors, potential contractors, or contractors were
16first solicited on or after July 1, 1998. This Code shall not
17be construed to affect or impair any contract, or any provision
18of a contract, entered into based on a solicitation prior to
19the implementation date of this Code as described in Article
2099, including but not limited to any covenant entered into with
21respect to any revenue bonds or similar instruments. All
22procurements for which contracts are solicited between the
23effective date of Articles 50 and 99 and July 1, 1998 shall be
24substantially in accordance with this Code and its intent.

SB0008 Engrossed- 8 -LRB100 06368 MLM 16407 b
1 (b) This Code shall apply regardless of the source of the
2funds with which the contracts are paid, including federal
3assistance moneys. This Code shall not apply to:
4 (1) Contracts between the State and its political
5 subdivisions or other governments, or between State
6 governmental bodies except as specifically provided in
7 this Code.
8 (2) Grants, except for the filing requirements of
9 Section 20-80.
10 (3) Purchase of care.
11 (4) Hiring of an individual as employee and not as an
12 independent contractor, whether pursuant to an employment
13 code or policy or by contract directly with that
14 individual.
15 (5) Collective bargaining contracts.
16 (6) Purchase of real estate, except that notice of this
17 type of contract with a value of more than $25,000 must be
18 published in the Procurement Bulletin within 10 calendar
19 days after the deed is recorded in the county of
20 jurisdiction. The notice shall identify the real estate
21 purchased, the names of all parties to the contract, the
22 value of the contract, and the effective date of the
23 contract.
24 (7) Contracts necessary to prepare for anticipated
25 litigation, enforcement actions, or investigations,
26 provided that the chief legal counsel to the Governor shall

SB0008 Engrossed- 9 -LRB100 06368 MLM 16407 b
1 give his or her prior approval when the procuring agency is
2 one subject to the jurisdiction of the Governor, and
3 provided that the chief legal counsel of any other
4 procuring entity subject to this Code shall give his or her
5 prior approval when the procuring entity is not one subject
6 to the jurisdiction of the Governor.
7 (8) Contracts for services to Northern Illinois
8 University by a person, acting as an independent
9 contractor, who is qualified by education, experience, and
10 technical ability and is selected by negotiation for the
11 purpose of providing non-credit educational service
12 activities or products by means of specialized programs
13 offered by the university.
14 (9) Procurement expenditures by the Illinois
15 Conservation Foundation when only private funds are used.
16 (10) Procurement expenditures by the Illinois Health
17 Information Exchange Authority involving private funds
18 from the Health Information Exchange Fund. "Private funds"
19 means gifts, donations, and private grants.
20 (11) Public-private agreements entered into in
21 accordance with any law of this State. according to the
22 procurement requirements of Section 20 of the
23 Public-Private Partnerships for Transportation Act and
24 design-build agreements entered into according to the
25 procurement requirements of Section 25 of the
26 Public-Private Partnerships for Transportation Act.

SB0008 Engrossed- 10 -LRB100 06368 MLM 16407 b
1 (12) Contracts for legal, financial, and other
2 professional and artistic services entered into on or
3 before December 31, 2018 by the Illinois Finance Authority
4 in which the State of Illinois is not obligated. Such
5 contracts shall be awarded through a competitive process
6 authorized by the Board of the Illinois Finance Authority
7 and are subject to Sections 5-30, 20-160, 50-13, 50-20,
8 50-35, and 50-37 of this Code, as well as the final
9 approval by the Board of the Illinois Finance Authority of
10 the terms of the contract.
11 (13) The provisions of this paragraph (13), other than
12 this sentence, are inoperative on and after January 1, 2019
13 or 2 years after the effective date of this amendatory Act
14 of the 99th General Assembly, whichever is later. Contracts
15 for services, commodities, and equipment to support the
16 delivery of timely forensic science services in
17 consultation with and subject to the approval of the Chief
18 Procurement Officer as provided in subsection (d) of
19 Section 5-4-3a of the Unified Code of Corrections, except
20 for the requirements of Sections 20-60, 20-65, 20-70, and
21 20-160 and Article 50 of this Code; however, the Chief
22 Procurement Officer may, in writing with justification,
23 waive any certification required under Article 50 of this
24 Code. For any contracts for services which are currently
25 provided by members of a collective bargaining agreement,
26 the applicable terms of the collective bargaining

SB0008 Engrossed- 11 -LRB100 06368 MLM 16407 b
1 agreement concerning subcontracting shall be followed.
2 (14) Contracts for participation expenditures required
3 by a domestic or international trade show or exhibition of
4 an exhibitor, member, or sponsor.
5 (15) Contracts with a railroad or utility that requires
6 the State to reimburse the railroad or utilities for the
7 relocation of utilities for construction or other public
8 purposes. Contracts included within this paragraph (14)
9 shall include, but not be limited to, those associated with
10 relocation, crossings, installations, and maintenance. For
11 the purposes of this paragraph (14), "railroad" means any
12 form of non-highway ground transportation that runs on
13 rails or electromagnetic guideways and "utility" means:
14 (1) public utilities as defined in Section 3-105 of the
15 Public Utilities Act, (2) telecommunication carriers as
16 defined in Section 13-202 of the Public Utilities Act, (3)
17 electric cooperatives as defined in Section 3.4 of the
18 Electric Supplier Act, (4) telephone or telecommunications
19 cooperatives as defined in Section 13-212 of the Public
20 Utilities Act, (5) rural water or waste water systems with
21 10,000 connections or less, (6) a holder as defined in
22 Section 21-201 of the Public Utilities Act, and (7)
23 municipalities owning or operating public utilities as
24 that term is defined in Section 11-117-2 of the Illinois
25 Municipal Code.
26 Notwithstanding any other provision of law, contracts

SB0008 Engrossed- 12 -LRB100 06368 MLM 16407 b
1entered into under paragraph item (12) of this subsection (b)
2shall be published in the Procurement Bulletin within 14
3calendar days after contract execution. The chief procurement
4officer shall prescribe the form and content of the notice. The
5Illinois Finance Authority shall provide the chief procurement
6officer, on a monthly basis, in the form and content prescribed
7by the chief procurement officer, a report of contracts that
8are related to the procurement of goods and services identified
9in paragraph item (12) of this subsection (b). At a minimum,
10this report shall include the name of the contractor, a
11description of the supply or service provided, the total amount
12of the contract, the term of the contract, and the exception to
13the Code utilized. A copy of each of these contracts shall be
14made available to the chief procurement officer immediately
15upon request. The chief procurement officer shall submit a
16report to the Governor and General Assembly no later than
17November 1 of each year that shall include, at a minimum, an
18annual summary of the monthly information reported to the chief
19procurement officer.
20 Notwithstanding any other provisions of law, contracts
21entered into under paragraph (14) of this subsection (b) shall
22be published in the Illinois Procurement Bulletin within 14
23calendar days after execution. The chief procurement officer
24shall prescribe the form and content of the notice. The
25applicable State agency shall provide to the chief procurement
26officer, on a monthly basis, in the form and content prescribed

SB0008 Engrossed- 13 -LRB100 06368 MLM 16407 b
1by the chief procurement officer, a report of the contracts
2that are related to the procurement of supplies and services
3identified in paragraph (14) of this subsection (b). At a
4minimum, this report shall include the name of the contractor,
5a description of the supply or service provided, the total
6amount of the contract, the term of the contract, and the
7exception of the Code utilized. A copy of any or all of these
8contracts shall be made available to the chief procurement
9officer immediately upon request. The chief procurement
10officer shall submit a report to the Governor and General
11Assembly no later than November 1 of each year that shall
12include, at a minimum, an annual summary of the monthly
13information reported to the chief procurement officer.
14 (c) This Code does not apply to the electric power
15procurement process provided for under Section 1-75 of the
16Illinois Power Agency Act and Section 16-111.5 of the Public
17Utilities Act.
18 (d) Except for Section 20-160 and Article 50 of this Code,
19and as expressly required by Section 9.1 of the Illinois
20Lottery Law, the provisions of this Code do not apply to the
21procurement process provided for under Section 9.1 of the
22Illinois Lottery Law.
23 (e) This Code does not apply to the process used by the
24Capital Development Board to retain a person or entity to
25assist the Capital Development Board with its duties related to
26the determination of costs of a clean coal SNG brownfield

SB0008 Engrossed- 14 -LRB100 06368 MLM 16407 b
1facility, as defined by Section 1-10 of the Illinois Power
2Agency Act, as required in subsection (h-3) of Section 9-220 of
3the Public Utilities Act, including calculating the range of
4capital costs, the range of operating and maintenance costs, or
5the sequestration costs or monitoring the construction of clean
6coal SNG brownfield facility for the full duration of
7construction.
8 (f) This Code does not apply to the process used by the
9Illinois Power Agency to retain a mediator to mediate sourcing
10agreement disputes between gas utilities and the clean coal SNG
11brownfield facility, as defined in Section 1-10 of the Illinois
12Power Agency Act, as required under subsection (h-1) of Section
139-220 of the Public Utilities Act.
14 (g) This Code does not apply to the processes used by the
15Illinois Power Agency to retain a mediator to mediate contract
16disputes between gas utilities and the clean coal SNG facility
17and to retain an expert to assist in the review of contracts
18under subsection (h) of Section 9-220 of the Public Utilities
19Act. This Code does not apply to the process used by the
20Illinois Commerce Commission to retain an expert to assist in
21determining the actual incurred costs of the clean coal SNG
22facility and the reasonableness of those costs as required
23under subsection (h) of Section 9-220 of the Public Utilities
24Act.
25 (h) This Code does not apply to the process to procure or
26contracts entered into in accordance with Sections 11-5.2 and

SB0008 Engrossed- 15 -LRB100 06368 MLM 16407 b
111-5.3 of the Illinois Public Aid Code.
2 (i) Each chief procurement officer may access records
3necessary to review whether a contract, purchase, or other
4expenditure is or is not subject to the provisions of this
5Code, unless such records would be subject to attorney-client
6privilege.
7 (j) This Code does not apply to the process used by the
8Capital Development Board to retain an artist or work or works
9of art as required in Section 14 of the Capital Development
10Board Act.
11 (k) This Code does not apply to the process to procure
12contracts, or contracts entered into, by the State Board of
13Elections or the State Electoral Board for hearing officers
14appointed pursuant to the Election Code.
15 (l) This Code does not apply to the processes used by the
16Illinois Student Assistance Commission to procure supplies and
17services paid for from the private funds of the Illinois
18Prepaid Tuition Trust Fund. "Private funds" means funds derived
19from deposits paid into the Illinois Prepaid Tuition Trust Fund
20and the earnings thereon.
21(Source: P.A. 98-90, eff. 7-15-13; 98-463, eff. 8-16-13;
2298-572, eff. 1-1-14; 98-756, eff. 7-16-14; 98-1076, eff.
231-1-15; 99-801, eff. 1-1-17.)
24 (30 ILCS 500/1-12)
25 (Section scheduled to be repealed on December 31, 2016)

SB0008 Engrossed- 16 -LRB100 06368 MLM 16407 b
1 Sec. 1-12. Applicability to artistic or musical services.
2 (a) This Code shall not apply to procurement expenditures
3necessary to provide artistic or musical services,
4performances, or theatrical productions held at a venue
5operated or leased by a State agency.
6 (b) Notice of each contract entered into by a State agency
7that is related to the procurement of goods and services
8identified in this Section shall be published in the Illinois
9Procurement Bulletin within 14 calendar days after contract
10execution. The chief procurement officer shall prescribe the
11form and content of the notice. Each State agency shall provide
12the chief procurement officer, on a monthly basis, in the form
13and content prescribed by the chief procurement officer, a
14report of contracts that are related to the procurement of
15goods and services identified in this Section. At a minimum,
16this report shall include the name of the contractor, a
17description of the supply or service provided, the total amount
18of the contract, the term of the contract, and the exception to
19the Code utilized. A copy of any or all of these contracts
20shall be made available to the chief procurement officer
21immediately upon request. The chief procurement officer shall
22submit a report to the Governor and General Assembly no later
23than November 1 of each year that shall include, at a minimum,
24an annual summary of the monthly information reported to the
25chief procurement officer.
26 (c) (Blank). This Section is repealed December 31, 2016.

SB0008 Engrossed- 17 -LRB100 06368 MLM 16407 b
1(Source: P.A. 97-895, eff. 8-3-12; 98-1076, eff. 1-1-15.)
2 (30 ILCS 500/1-12.1 new)
3 Sec. 1-12.1. Continuation of Section 1-12 of this Code;
4validation.
5 (a) The General Assembly finds and declares that:
6 (1) This amendatory Act of the 100th General Assembly
7 manifests the intention of the General Assembly to remove
8 the repeal of Section 1-12 of this Code.
9 (2) Section 1-12 of this Code was originally enacted to
10 protect, promote, and preserve the general welfare. Any
11 construction of Section 1-12 of this Code that results in
12 the repeal of that Section on December 31, 2016 would be
13 inconsistent with the manifest intent of the General
14 Assembly and repugnant to the context of this Code.
15 (b) It is hereby declared to have been the intent of the
16General Assembly that Section 1-12 of this Code not be subject
17to repeal on December 31, 2016.
18 (c) Section 1-12 of this Code shall be deemed to have been
19in continuous effect since August 3, 2012 (the effective date
20of Public Act 97-895), and it shall continue to be in effect
21henceforward until it is otherwise lawfully repealed. All
22previously enacted amendments to Section 1-12 of this Code
23taking effect on or after December 31, 2016, are hereby
24validated.
25 (d) All actions taken in reliance on or pursuant to Section

SB0008 Engrossed- 18 -LRB100 06368 MLM 16407 b
11-12 of this Code in the procurement of artistic or musical
2services are hereby validated.
3 (e) In order to ensure the continuing effectiveness of
4Section 1-12 of this Code, it is set forth in full and
5re-enacted by this amendatory Act of the 100th General
6Assembly. This re-enactment is intended as a continuation of
7that Section. It is not intended to supersede any amendment to
8that Section that is enacted by the 100th General Assembly.
9 (f) In this amendatory Act of the 100th General Assembly,
10the base text of the reenacted Section is set forth as amended
11by Public Act 98-1076. Striking and underscoring is used only
12to show changes being made to the base text.
13 (g) Section 1-12 of this Code applies to all procurements
14made on or before the effective date of this amendatory Act of
15the 100th General Assembly.
16 (30 ILCS 500/1-13)
17 (Section scheduled to be repealed on December 31, 2016)
18 Sec. 1-13. Applicability to public institutions of higher
19education.
20 (a) This Code shall apply to public institutions of higher
21education, regardless of the source of the funds with which
22contracts are paid, except as provided in this Section.
23 (b) Except as provided in this Section, this Code shall not
24apply to procurements made by or on behalf of public
25institutions of higher education for any of the following:

SB0008 Engrossed- 19 -LRB100 06368 MLM 16407 b
1 (1) Memberships in professional, academic, research,
2 or athletic organizations on behalf of a public institution
3 of higher education, an employee of a public institution of
4 higher education, or a student at a public institution of
5 higher education.
6 (2) Procurement expenditures for events or activities
7 paid for exclusively by revenues generated by the event or
8 activity, gifts or donations for the event or activity,
9 private grants, or any combination thereof.
10 (3) Procurement expenditures for events or activities
11 for which the use of specific potential contractors is
12 mandated or identified by the sponsor of the event or
13 activity, provided that the sponsor is providing a majority
14 of the funding for the event or activity.
15 (4) Procurement expenditures necessary to provide
16 athletic, artistic or musical services, performances,
17 events, or productions held at a venue operated by or for a
18 public institution of higher education.
19 (5) Procurement expenditures for periodicals and
20 books, subscriptions, database licenses, and other
21 publications procured for use by a university library or
22 academic department, except for expenditures related to
23 procuring textbooks for student use or materials for resale
24 or rental.
25 (6) Procurement expenditures for placement of students
26 in externships, practicums, field experiences, and for

SB0008 Engrossed- 20 -LRB100 06368 MLM 16407 b
1 medical residencies and rotations.
2 (7) Contracts for programming and broadcast license
3 rights for university-operated radio and television
4 stations.
5 (8) Procurement expenditures necessary to perform
6 sponsored research and other sponsored activities under
7 grants and contracts funded by the sponsor or by sources
8 other than State appropriations.
9 (9) Contracts with a foreign entity for research or
10 educational activities, provided that the foreign entity
11 either does not maintain an office in the United States or
12 is the sole source of the service or product.
13 (10) Procurement of food items for commercial resale on
14 the campus of or at a facility controlled by an institution
15 of higher education.
16Notice of each contract entered into by a public institution of
17higher education that is related to the procurement of goods
18and services identified in items (1) through (10) (7) of this
19subsection shall be published in the Procurement Bulletin
20within 14 calendar days after contract execution. The Chief
21Procurement Officer shall prescribe the form and content of the
22notice. Each public institution of higher education shall
23provide the Chief Procurement Officer, on a monthly basis, in
24the form and content prescribed by the Chief Procurement
25Officer, a report of contracts that are related to the
26procurement of goods and services identified in this

SB0008 Engrossed- 21 -LRB100 06368 MLM 16407 b
1subsection. At a minimum, this report shall include the name of
2the contractor, a description of the supply or service
3provided, the total amount of the contract, the term of the
4contract, and the exception to the Code utilized. A copy of any
5or all of these contracts shall be made available to the Chief
6Procurement Officer immediately upon request. The Chief
7Procurement Officer shall submit a report to the Governor and
8General Assembly no later than November 1 of each year that
9shall include, at a minimum, an annual summary of the monthly
10information reported to the Chief Procurement Officer.
11 (b-5) Except as provided in this subsection, the provisions
12of this Code shall not apply to contracts for medical
13FDA-regulated supplies, and to contracts for medical services
14necessary for the delivery of care and treatment at medical,
15dental, or veterinary teaching facilities utilized by Southern
16Illinois University or the University of Illinois and at any
17university-operated health care center or dispensary that
18provides care, treatment, and medications for students,
19faculty and staff. Other supplies and services needed for these
20teaching facilities shall be subject to the jurisdiction of the
21Chief Procurement Officer for Public Institutions of Higher
22Education who may establish expedited procurement procedures
23and may waive or modify certification, contract, hearing,
24process and registration requirements required by the Code. All
25procurements made under this subsection shall be documented and
26may require publication in the Illinois Procurement Bulletin.

SB0008 Engrossed- 22 -LRB100 06368 MLM 16407 b
1 (c) Procurements made by or on behalf of public
2institutions of higher education for any of the following shall
3be made in accordance with the requirements of this Code to the
4extent practical as provided in this subsection:
5 (1) Contracts with a foreign entity necessary for
6 research or educational activities, provided that the
7 foreign entity either does not maintain an office in the
8 United States or is the sole source of the service or
9 product.
10 (2) (Blank).
11 (3) (Blank).
12 (4) Procurements required for fulfillment of a grant.
13 Upon the written request of a public institution of higher
14education, the Chief Procurement Officer may waive
15registration, certification, and hearing requirements of this
16Code if, based on the item to be procured or the terms of a
17grant, compliance is impractical. The public institution of
18higher education shall provide the Chief Procurement Officer
19with specific reasons for the waiver, including the necessity
20of contracting with a particular potential contractor, and
21shall certify that an effort was made in good faith to comply
22with the provisions of this Code. The Chief Procurement Officer
23shall provide written justification for any waivers. By
24November 1 of each year, the Chief Procurement Officer shall
25file a report with the General Assembly identifying each
26contract approved with waivers and providing the justification

SB0008 Engrossed- 23 -LRB100 06368 MLM 16407 b
1given for any waivers for each of those contracts. Notice of
2each waiver made under this subsection shall be published in
3the Procurement Bulletin within 14 calendar days after contract
4execution. The Chief Procurement Officer shall prescribe the
5form and content of the notice.
6 (d) Notwithstanding this Section, a waiver of the
7registration requirements of Section 20-160 does not permit a
8business entity and any affiliated entities or affiliated
9persons to make campaign contributions if otherwise prohibited
10by Section 50-37. The total amount of contracts awarded in
11accordance with this Section shall be included in determining
12the aggregate amount of contracts or pending bids of a business
13entity and any affiliated entities or affiliated persons.
14 (e) Notwithstanding subsection (e) of Section 50-10.5 of
15this Code, the Chief Procurement Officer, with the approval of
16the Executive Ethics Commission, may permit a public
17institution of higher education to accept a bid or enter into a
18contract with a business that assisted the public institution
19of higher education in determining whether there is a need for
20a contract or assisted in reviewing, drafting, or preparing
21documents related to a bid or contract, provided that the bid
22or contract is essential to research administered by the public
23institution of higher education and it is in the best interest
24of the public institution of higher education to accept the bid
25or contract. For purposes of this subsection, "business"
26includes all individuals with whom a business is affiliated,

SB0008 Engrossed- 24 -LRB100 06368 MLM 16407 b
1including, but not limited to, any officer, agent, employee,
2consultant, independent contractor, director, partner,
3manager, or shareholder of a business. The Executive Ethics
4Commission may promulgate rules and regulations for the
5implementation and administration of the provisions of this
6subsection (e).
7 (f) As used in this Section:
8 "Grant" means non-appropriated funding provided by a
9federal or private entity to support a project or program
10administered by a public institution of higher education and
11any non-appropriated funding provided to a sub-recipient of the
12grant.
13 "Public institution of higher education" means Chicago
14State University, Eastern Illinois University, Governors State
15University, Illinois State University, Northeastern Illinois
16University, Northern Illinois University, Southern Illinois
17University, University of Illinois, Western Illinois
18University, and, for purposes of this Code only, the Illinois
19Mathematics and Science Academy.
20 (g) (Blank). This Section is repealed on December 31, 2016.
21(Source: P.A. 97-643, eff. 12-20-11; 97-895, eff. 8-3-12;
2298-1076, eff. 1-1-15.)
23 (30 ILCS 500/1-13.1 new)
24 Sec. 1-13.1. Continuation of Section 1-13 of this Code;
25validation.

SB0008 Engrossed- 25 -LRB100 06368 MLM 16407 b
1 (a) The General Assembly finds and declares that:
2 (1) Public Act 98-1076, which took effect on January 1,
3 2015, changed the repeal date set for Section 1-13 of this
4 Code from December 31, 2014 to December 31, 2016.
5 (2) The Statute on Statutes sets forth general rules on
6 the repeal of statutes and the construction of multiple
7 amendments, but Section 1 of that Act also states that
8 these rules will not be observed when the result would be
9 "inconsistent with the manifest intent of the General
10 Assembly or repugnant to the context of the statute".
11 (3) This amendatory Act of the 100th General Assembly
12 manifests the intention of the General Assembly to remove
13 the repeal of Section 1-13 of this Code.
14 (4) Section 1-13 of this Code was originally enacted to
15 protect, promote, and preserve the general welfare. Any
16 construction of Section 1-13 of this Code that results in
17 the repeal of that Section on December 31, 2014 would be
18 inconsistent with the manifest intent of the General
19 Assembly and repugnant to the context of this Code.
20 (b) It is hereby declared to have been the intent of the
21General Assembly that Section 1-13 of this Code not be subject
22to repeal on December 31, 2014.
23 (c) Section 1-13 of this Code shall be deemed to have been
24in continuous effect since December 20, 2011 (the effective
25date of Public Act 97-643), and it shall continue to be in
26effect henceforward until it is otherwise lawfully repealed.

SB0008 Engrossed- 26 -LRB100 06368 MLM 16407 b
1All previously enacted amendments to Section 1-13 of this Code
2taking effect on or after December 31, 2014, are hereby
3validated.
4 (d) All actions taken in reliance on or pursuant to Section
51-13 of this Code by any public institution of higher
6education, person, or entity are hereby validated.
7 (e) In order to ensure the continuing effectiveness of
8Section 1-13 of this Code, it is set forth in full and
9re-enacted by this amendatory Act of the 100th General
10Assembly. This re-enactment is intended as a continuation of
11that Section. It is not intended to supersede any amendment to
12that Section that is enacted by the 100th General Assembly.
13 (f) In this amendatory Act of the 100th General Assembly,
14the base text of the reenacted Section is set forth as amended
15by Public Act 98-1076. Striking and underscoring is used only
16to show changes being made to the base text. In this instance,
17no underscoring or striking is shown in the base text because
18no additional changes are being made.
19 (g) Section 1-13 of this Code applies to all procurements
20made on or before the effective date of this amendatory Act of
21the 100th General Assembly.
22 (30 ILCS 500/1-15.20)
23 Sec. 1-15.20. Construction, and construction-related, and
24construction support services. "Construction" means building,
25altering, repairing, improving, or demolishing any public

SB0008 Engrossed- 27 -LRB100 06368 MLM 16407 b
1structure or building, or making improvements of any kind to
2public real property. Construction does not include the routine
3operation, routine repair, or routine maintenance of existing
4structures, buildings, or real property.
5 "Construction-related services" means those services
6including construction design, layout, inspection, support,
7feasibility or location study, research, development,
8planning, or other investigative study undertaken by a
9construction agency concerning construction or potential
10construction.
11 "Construction support" means all equipment, supplies, and
12services that are necessary to the operation of a construction
13agency's construction program. "Construction support" does not
14include construction-related services.
15(Source: P.A. 90-572, eff. 2-6-98.)
16 (30 ILCS 500/1-15.47 new)
17 Sec. 1-15.47. Master contract. "Master contract" means a
18definite quantity, indefinite quantity, or requirements
19contract awarded in accordance with this Code, against which
20subsequent orders may be placed to meet the needs of a State
21purchasing entity. A master contract may be for use by a single
22State purchasing entity or for multiple State purchasing
23entities and other entities as authorized under the
24Governmental Joint Purchasing Act.

SB0008 Engrossed- 28 -LRB100 06368 MLM 16407 b
1 (30 ILCS 500/1-15.48 new)
2 Sec. 1-15.48. Multiple award. "Multiple award" means an
3award that is made to 2 or more bidders or offerors for similar
4supplies, services, or construction-related services.
5 (30 ILCS 500/5-5)
6 Sec. 5-5. Procurement Policy Board.
7 (a) Creation. There is created a Procurement Policy Board,
8an agency of the State of Illinois.
9 (b) Authority and duties. The Board shall have the
10authority and responsibility to review, comment upon, and
11recommend, consistent with this Code, rules and practices
12governing the procurement, management, control, and disposal
13of supplies, services, professional or artistic services,
14construction, and real property and capital improvement leases
15procured by the State. The Board shall also have the authority
16to recommend a program for professional development and provide
17opportunities for training in procurement practices and
18policies to chief procurement officers and their staffs in
19order to ensure that all procurement is conducted in an
20efficient, professional, and appropriately transparent manner.
21 Upon a three-fifths vote of its members, the Board may
22review a contract. Upon a three-fifths vote of its members, the
23Board may propose procurement rules for consideration by chief
24procurement officers. These proposals shall be published in
25each volume of the Procurement Bulletin. Except as otherwise

SB0008 Engrossed- 29 -LRB100 06368 MLM 16407 b
1provided by law, the Board shall act upon the vote of a
2majority of its members who have been appointed and are
3serving.
4 (b-5) Reviews, studies, and hearings. The Board may review,
5study, and hold public hearings concerning the implementation
6and administration of this Code. Each chief procurement
7officer, State purchasing officer, procurement compliance
8monitor, and State agency shall cooperate with the Board,
9provide information to the Board, and be responsive to the
10Board in the Board's conduct of its reviews, studies, and
11hearings.
12 (c) Members. The Board shall consist of 5 members appointed
13one each by the 4 legislative leaders and the Governor. Each
14member shall have demonstrated sufficient business or
15professional experience in the area of procurement to perform
16the functions of the Board. No member may be a member of the
17General Assembly.
18 (d) Terms. Of the initial appointees, the Governor shall
19designate one member, as Chairman, to serve a one-year term,
20the President of the Senate and the Speaker of the House shall
21each appoint one member to serve 3-year terms, and the Minority
22Leader of the House and the Minority Leader of the Senate shall
23each appoint one member to serve 2-year terms. Subsequent terms
24shall be 4 years. Members may be reappointed for succeeding
25terms.
26 (e) Reimbursement. Members shall receive no compensation

SB0008 Engrossed- 30 -LRB100 06368 MLM 16407 b
1but shall be reimbursed for any expenses reasonably incurred in
2the performance of their duties.
3 (f) Staff support. Upon a three-fifths vote of its members,
4the Board may employ an executive director. Subject to
5appropriation, the Board also may employ a reasonable and
6necessary number of staff persons.
7 (g) Meetings. Meetings of the Board may be conducted
8telephonically, electronically, or through the use of other
9telecommunications. Written minutes of such meetings shall be
10created and available for public inspection and copying.
11 (h) Procurement recommendations. Upon a three-fifths vote
12of its members, the Board may review a proposal, bid, or
13contract and issue a recommendation to void a contract or
14reject a proposal or bid based on any violation of this Code or
15the existence of a conflict of interest as described in
16subsections (b) and (d) of Section 50-35. A chief procurement
17officer or State purchasing officer shall notify the Board if
18an alleged conflict of interest or violation of the Code is
19identified, discovered, or reasonably suspected to exist. Any
20person or entity may notify the Board of an alleged conflict of
21interest or violation of the Code. A recommendation of the
22Board shall be delivered to the appropriate chief procurement
23officer and Executive Ethics Commission within 7 calendar days
24and must be published in the next volume of the Procurement
25Bulletin. In the event that an alleged conflict of interest or
26violation of the Code that was not originally disclosed with

SB0008 Engrossed- 31 -LRB100 06368 MLM 16407 b
1the bid, offer, or proposal is identified and filed with the
2Board, the Board shall provide written notice of the alleged
3conflict of interest or violation to the bidder, offeror,
4potential contractor, contractor, or subcontractor on that
5contract. If the alleged conflict of interest or violation is
6by the subcontractor, written notice shall also be provided to
7the bidder, offeror, potential contractor, or contractor. The
8bidder, offeror, potential contractor, contractor, or
9subcontractor shall have 15 calendar days to provide a written
10response to the notice, and a hearing before the Board on the
11alleged conflict of interest or violation shall be held upon
12request by the bidder, offeror, potential contractor,
13contractor, or subcontractor. The requested hearing date and
14time shall be determined by the Board, but in no event shall
15the hearing occur later than 15 calendar days after the date of
16the request.
17 (i) After providing notice and a hearing as required by
18subsection (h), the Board shall refer any alleged violations of
19this Code to the Executive Inspector General in addition to or
20instead of issuing a recommendation to void a contract.
21 (j) Each State agency must respond promptly in writing to
22all inquiries and comments of the Procurement Policy Board.
23(Source: P.A. 97-895, eff. 8-3-12; 98-1076, eff. 1-1-15.)
24 (30 ILCS 500/5-30)
25 Sec. 5-30. Proposed contracts; Procurement Policy Board.

SB0008 Engrossed- 32 -LRB100 06368 MLM 16407 b
1 (a) Except as provided in subsection (c), within 14 30
2calendar days after notice of the awarding or letting of a
3contract has appeared in the Procurement Bulletin in accordance
4with subsection (b) of Section 15-25, the Board may request in
5writing from the contracting agency and the contracting agency
6shall promptly, but in no event later than 7 calendar days
7after receipt of the request, provide to the Board, by
8electronic or other means satisfactory to the Board,
9documentation in the possession of the contracting agency
10concerning the proposed contract. Nothing in this subsection is
11intended to waive or abrogate any privilege or right of
12confidentiality authorized by law.
13 (b) No contract subject to this Section may be entered into
14until the 14-day 30-day period described in subsection (a) has
15expired, unless the contracting agency requests in writing that
16the Board waive the period and the Board grants the waiver in
17writing.
18 (c) This Section does not apply to (i) contracts entered
19into under this Code for small and emergency procurements as
20those procurements are defined in Article 20 and (ii) contracts
21for professional and artistic services that are nonrenewable,
22one year or less in duration, and have a value of less than
23$20,000. If requested in writing by the Board, however, the
24contracting agency must promptly, but in no event later than 10
25calendar days after receipt of the request, transmit to the
26Board a copy of the contract for an emergency procurement and

SB0008 Engrossed- 33 -LRB100 06368 MLM 16407 b
1documentation in the possession of the contracting agency
2concerning the contract.
3(Source: P.A. 98-1076, eff. 1-1-15.)
4 (30 ILCS 500/10-10)
5 Sec. 10-10. Independent State purchasing officers.
6 (a) The chief procurement officer shall appoint a State
7purchasing officer for each agency that the chief procurement
8officer is responsible for under Section 1-15.15. A State
9purchasing officer shall be located in the State agency that
10the officer serves but shall report to his or her respective
11chief procurement officer. The State purchasing officer shall
12have direct communication with agency staff assigned to assist
13with any procurement process. At the direction of his or her
14respective chief procurement officer, a State purchasing
15officer shall have the authority to (i) review each contract or
16contract amendment prior to execution to ensure that applicable
17procurement and contracting standards were followed, and (ii)
18approve or reject contracts for a purchasing agency. If the
19State purchasing officer provides written approval of the
20contract, the head of the applicable State agency shall have
21the authority to sign and enter into that contract. All actions
22of a State purchasing officer are subject to review by a chief
23procurement officer in accordance with procedures and policies
24established by the chief procurement officer.
25 (a-5) A State purchasing officer owes a fiduciary duty to

SB0008 Engrossed- 34 -LRB100 06368 MLM 16407 b
1the State.
2 (a-10) A State purchasing officer may: (i) attend any
3procurement meetings; (ii) access any records or files related
4to procurement; (iii) issue reports to the chief procurement
5officer on procurement issues that present issues; (iv) ensure
6the State agency is maintaining appropriate records; and (v)
7ensure transparency of the procurement process.
8 (a-15) If a State purchasing officer is aware of
9misconduct, waste, or inefficiency with respect to State
10procurement, the State purchasing officer shall advise the
11State agency of the issue in writing. If the State agency does
12not correct the issue, the State purchasing officer shall
13report the problem, in writing, to the chief procurement
14officer and Inspector General.
15 (b) In addition to any other requirement or qualification
16required by State law, within 30 months after appointment, a
17State purchasing officer must be a Certified Professional
18Public Buyer or a Certified Public Purchasing Officer, pursuant
19to certification by the Universal Public Purchasing
20Certification Council. A State purchasing officer shall serve a
21term of 5 years beginning on the date of the officer's
22appointment. A State purchasing officer shall have an office
23located in the State agency that the officer serves but shall
24report to the chief procurement officer. A State purchasing
25officer may be removed by a chief procurement officer for cause
26after a hearing by the Executive Ethics Commission. The chief

SB0008 Engrossed- 35 -LRB100 06368 MLM 16407 b
1procurement officer or executive officer of the State agency
2housing the State purchasing officer may institute a complaint
3against the State purchasing officer by filing such a complaint
4with the Commission and the Commission shall have a public
5hearing based on the complaint. The State purchasing officer,
6chief procurement officer, and executive officer of the State
7agency shall receive notice of the hearing and shall be
8permitted to present their respective arguments on the
9complaint. After the hearing, the Commission shall make a
10non-binding recommendation on whether the State purchasing
11officer shall be removed. The salary of a State purchasing
12officer shall be established by the chief procurement officer
13and may not be diminished during the officer's term. In the
14absence of an appointed State purchasing officer, the
15applicable chief procurement officer shall exercise the
16procurement authority created by this Code and may appoint a
17temporary acting State purchasing officer.
18(Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793
19for the effective date of changes made by P.A. 96-795); 97-895,
20eff. 8-3-12.)
21 (30 ILCS 500/10-15)
22 Sec. 10-15. Procurement compliance monitors.
23 (a) The Executive Ethics Commission may shall appoint
24procurement compliance monitors to oversee and review the
25procurement processes. Each procurement compliance monitor

SB0008 Engrossed- 36 -LRB100 06368 MLM 16407 b
1shall serve a term of 5 years beginning on the date of the
2officer's appointment. Each procurement compliance monitor
3appointed pursuant to this Section and serving a 5-year term on
4the effective date of this amendatory Act of the 100th General
5Assembly, shall have an office located in the State agency that
6the monitor serves but shall report to and serve at the
7direction of a the appropriate chief procurement officer in the
8performance of procurement-related duties until the expiration
9of the monitor's term. The compliance monitor shall have direct
10communications with the executive officer of a State agency in
11exercising duties. A procurement compliance monitor may be
12removed only for cause after a hearing by the Executive Ethics
13Commission. The appropriate chief procurement officer or
14executive officer of the State agency housing the procurement
15compliance monitor may institute a complaint against the
16procurement compliance monitor with the Commission and the
17Commission shall hold a public hearing based on the complaint.
18The procurement compliance monitor, State purchasing officer,
19appropriate chief procurement officer, and executive officer
20of the State agency shall receive notice of the hearing and
21shall be permitted to present their respective arguments on the
22complaint. After the hearing, the Commission shall determine
23whether the procurement compliance monitor shall be removed.
24The salary of a procurement compliance monitor shall be
25established by the Executive Ethics Commission and may not be
26diminished during the officer's term.

SB0008 Engrossed- 37 -LRB100 06368 MLM 16407 b
1 (b) The procurement compliance monitor shall: (i) review
2any procurement, contract, or contract amendment as directed by
3the Executive Ethics Commission or a chief procurement officer;
4and (ii) report any findings of the review, in writing, to the
5Commission, the affected agency, the chief procurement officer
6responsible for the affected agency, and any entity requesting
7the review. The procurement compliance monitor may: (i) review
8each contract or contract amendment prior to execution to
9ensure that applicable procurement and contracting standards
10were followed; (ii) attend any procurement meetings; (iii)
11access any records or files related to procurement; (iv) issue
12reports to the chief procurement officer on procurement issues
13that present issues or that have not been corrected after
14consultation with appropriate State officials; (v) ensure the
15State agency is maintaining appropriate records; and (vi)
16ensure transparency of the procurement process.
17 (c) If the procurement compliance monitor is aware of
18misconduct, waste, or inefficiency with respect to State
19procurement, the procurement compliance monitor shall advise
20the State agency of the issue in writing. If the State agency
21does not correct the issue, the monitor shall report the
22problem, in writing, to the chief procurement officer and
23Inspector General.
24(Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793
25for the effective date of changes made by P.A. 96-795); 97-895,
26eff. 8-3-12.)

SB0008 Engrossed- 38 -LRB100 06368 MLM 16407 b
1 (30 ILCS 500/15-25)
2 Sec. 15-25. Bulletin content.
3 (a) Invitations for bids. Notice of each and every contract
4that is offered, including renegotiated contracts and change
5orders, shall be published in the applicable volume of the
6Illinois Procurement Bulletin. All businesses listed on the
7Department of Transportation Disadvantaged Business Enterprise
8Directory, the Department of Central Management Services
9Business Enterprise Program, and the Chief Procurement
10Office's Small Business Vendors Directory shall be furnished
11written instructions and information on how to register on each
12Procurement Bulletin maintained by the State. Such information
13shall be provided to each business within 30 calendar days
14after the business' notice of certification. The applicable
15chief procurement officer or applicable designated procurement
16officer may provide by rule an organized format for the
17publication of this information, but in any case it must
18include at least the date first offered, the date submission of
19offers is due, the location that offers are to be submitted to,
20the purchasing State agency, the e-mail address and telephone
21number of the responsible State procurement contact purchasing
22officer, a brief purchase description, the method of source
23selection, information of how to obtain a comprehensive
24purchase description and any disclosure and contract forms, and
25may include encouragement to potential contractors to hire

SB0008 Engrossed- 39 -LRB100 06368 MLM 16407 b
1qualified veterans, as defined by Section 45-67 of this Code,
2and qualified Illinois minorities, women, persons with
3disabilities, and residents discharged from any Illinois adult
4correctional center.
5 (a-5) All businesses listed on the Illinois Unified
6Certification Program Disadvantaged Business Enterprise
7Directory, the Business Enterprise Program of the Department of
8Central Management Services, and the Small Business Vendors
9Directory of the Department of Central Management Services
10shall be furnished written instructions and information on how
11to register for each volume of the Illinois Procurement
12Bulletin. Such information shall be provided to each business
13within 30 calendar days after the business's notice of
14certification.
15 (b) Contracts let. Notice of each and every contract that
16is let, including renegotiated contracts and change orders,
17shall be issued electronically to those bidders submitting
18responses to the solicitations, inclusive of the unsuccessful
19bidders, immediately upon contract let. Failure of any chief
20procurement officer to give such notice shall result in tolling
21the time for filing a bid protest up to 7 calendar days.
22 For purposes of this subsection (b), "contracts let" means
23a construction agency's act of advertising an invitation for
24bids for one or more construction projects.
25 (b-5) Contracts awarded. Notice of each and every contract
26that is awarded, including renegotiated contracts and change

SB0008 Engrossed- 40 -LRB100 06368 MLM 16407 b
1orders, shall be issued electronically to the successful
2responsible bidder, offeror, or contractor and published in the
3next available subsequent Bulletin. The applicable chief
4procurement officer may provide by rule an organized format for
5the publication of this information, but in any case it must
6include at least all of the information specified in subsection
7(a) as well as the name of the successful responsible bidder,
8offeror, the contract price, the number of unsuccessful bidders
9or offerors and any other disclosure specified in any Section
10of this Code. This notice must be posted in the online
11electronic Bulletin prior to execution of the contract.
12 For purposes of this subsection (b-5), "contract award"
13means the determination that a particular bidder or offeror has
14been selected from among other bidders or offerors to receive a
15contract, subject to the successful completion of final
16negotiations. "Contract award" is evidenced by the posting of a
17Notice of Award or a Notice of Intent to Award to the
18respective volume of the Illinois Procurement Bulletin.
19 (c) Emergency purchase disclosure. Any chief procurement
20officer or State purchasing officer exercising emergency
21purchase authority under this Code shall publish a written
22description and reasons and the total cost, if known, or an
23estimate if unknown and the name of the responsible chief
24procurement officer and State purchasing officer, and the
25business or person contracted with for all emergency purchases
26in the next timely, practicable Bulletin. This notice must be

SB0008 Engrossed- 41 -LRB100 06368 MLM 16407 b
1posted in the online electronic Bulletin no later than 5
2calendar days after the contract is awarded. Notice of a
3hearing to extend an emergency contract must be posted in the
4online electronic Procurement Bulletin no later than 14
5calendar days prior to the hearing.
6 (c-5) Business Enterprise Program report. Each purchasing
7agency shall, with the assistance of the applicable chief
8procurement officer, post in the online electronic Bulletin a
9copy of its annual report of utilization of businesses owned by
10minorities, females, and persons with disabilities as
11submitted to the Business Enterprise Council for Minorities,
12Females, and Persons with Disabilities pursuant to Section 6(c)
13of the Business Enterprise for Minorities, Females, and Persons
14with Disabilities Act within 10 calendar days after its
15submission of its report to the Council.
16 (c-10) Renewals. Notice of each contract renewal shall be
17posted in the online electronic Bulletin within 14 calendar
18days of the determination to renew the contract and the next
19available subsequent Bulletin. The notice shall include at
20least all of the information required in subsection (b).
21 (c-15) Sole source procurements. Before entering into a
22sole source contract, a chief procurement officer exercising
23sole source procurement authority under this Code shall publish
24a written description of intent to enter into a sole source
25contract along with a description of the item to be procured
26and the intended sole source contractor. This notice must be

SB0008 Engrossed- 42 -LRB100 06368 MLM 16407 b
1posted in the online electronic Procurement Bulletin before a
2sole source contract is awarded and at least 14 calendar days
3before the hearing required by Section 20-25.
4 (d) Other required disclosure. The applicable chief
5procurement officer shall provide by rule for the organized
6publication of all other disclosure required in other Sections
7of this Code in a timely manner.
8 (e) The changes to subsections (b), (c), (c-5), (c-10), and
9(c-15) of this Section made by this amendatory Act of the 96th
10General Assembly apply to reports submitted, offers made, and
11notices on contracts executed on or after its effective date.
12 (f) Each chief procurement officer shall, in consultation
13with the agencies under his or her jurisdiction, provide the
14Procurement Policy Board with the information and resources
15necessary, and in a manner, to effectuate the purpose of this
16amendatory Act of the 96th General Assembly.
17(Source: P.A. 97-895, eff. 8-3-12; 98-1038, eff. 8-25-14;
1898-1076, eff. 1-1-15.)
19 (30 ILCS 500/20-10)
20 (Text of Section before amendment by P.A. 99-906)
21 (Text of Section from P.A. 96-159, 96-588, 97-96, 97-895,
22and 98-1076)
23 Sec. 20-10. Competitive sealed bidding; reverse auction.
24 (a) Conditions for use. All contracts shall be awarded by
25competitive sealed bidding except as otherwise provided in

SB0008 Engrossed- 43 -LRB100 06368 MLM 16407 b
1Section 20-5.
2 (b) Invitation for bids. An invitation for bids shall be
3issued and shall include a purchase description and the
4material contractual terms and conditions applicable to the
5procurement.
6 (c) Public notice. Public notice of the invitation for bids
7shall be published in the Illinois Procurement Bulletin at
8least 14 calendar days before the date set in the invitation
9for the opening of bids.
10 (d) Bid opening. Bids shall be opened publicly in the
11presence of one or more witnesses at the time and place
12designated in the invitation for bids. The name of each bidder,
13the amount of each bid, and other relevant information as may
14be specified by rule shall be recorded. After the award of the
15contract, the winning bid and the record of each unsuccessful
16bid shall be open to public inspection.
17 (e) Bid acceptance and bid evaluation. Bids shall be
18unconditionally accepted without alteration or correction,
19except as authorized in this Code. Bids shall be evaluated
20based on the requirements set forth in the invitation for bids,
21which may include criteria to determine acceptability such as
22inspection, testing, quality, workmanship, delivery, and
23suitability for a particular purpose. Those criteria that will
24affect the bid price and be considered in evaluation for award,
25such as discounts, transportation costs, and total or life
26cycle costs, shall be objectively measurable. The invitation

SB0008 Engrossed- 44 -LRB100 06368 MLM 16407 b
1for bids shall set forth the evaluation criteria to be used.
2 (f) Correction or withdrawal of bids. Correction or
3withdrawal of inadvertently erroneous bids before or after
4award, or cancellation of awards of contracts based on bid
5mistakes, shall be permitted in accordance with rules. After
6bid opening, no changes in bid prices or other provisions of
7bids prejudicial to the interest of the State or fair
8competition shall be permitted. All decisions to permit the
9correction or withdrawal of bids based on bid mistakes shall be
10supported by written determination made by a State purchasing
11officer.
12 (g) Award. The contract shall be awarded with reasonable
13promptness by written notice to the lowest responsible and
14responsive bidder whose bid meets the requirements and criteria
15set forth in the invitation for bids, except when a State
16purchasing officer determines it is not in the best interest of
17the State and by written explanation determines another bidder
18shall receive the award. The explanation shall appear in the
19appropriate volume of the Illinois Procurement Bulletin. The
20written explanation must include:
21 (1) a description of the agency's needs;
22 (2) a determination that the anticipated cost will be
23 fair and reasonable;
24 (3) a listing of all responsible and responsive
25 bidders; and
26 (4) the name of the bidder selected, the total contract

SB0008 Engrossed- 45 -LRB100 06368 MLM 16407 b
1 price, and the reasons for selecting that bidder.
2 When a multiple award is contemplated, the solicitation
3shall identify the award criteria and a detailed method of
4selecting from among the multiple awardees.
5 Each chief procurement officer may adopt guidelines to
6implement the requirements of this subsection (g).
7 The written explanation shall be filed with the Legislative
8Audit Commission and the Procurement Policy Board, and be made
9available for inspection by the public, within 30 calendar days
10after the agency's decision to award the contract.
11 (h) Multi-step sealed bidding. When it is considered
12impracticable to initially prepare a purchase description to
13support an award based on price, an invitation for bids may be
14issued requesting the submission of unpriced offers to be
15followed by written requests for sealed quotes with pricing to
16meet the need and an invitation for bids limited to the pool of
17those bidders whose offers have been qualified under the
18criteria set forth in the first solicitation. An award shall be
19made to the responsible vendor with the lowest priced quote
20meeting the needs of the State agency as needs are determined
21by the State agency. The chief procurement officer may re-open
22the pool following the procedures in this subsection (h)
23periodically as needed to ensure reasonable competition.
24 (i) Alternative procedures. Notwithstanding any other
25provision of this Act to the contrary, the Director of the
26Illinois Power Agency may create alternative bidding

SB0008 Engrossed- 46 -LRB100 06368 MLM 16407 b
1procedures to be used in procuring professional services under
2subsection (a) of Section 1-75 and subsection (d) of Section
31-78 of the Illinois Power Agency Act and Section 16-111.5(c)
4of the Public Utilities Act and to procure renewable energy
5resources under Section 1-56 of the Illinois Power Agency Act.
6These alternative procedures shall be set forth together with
7the other criteria contained in the invitation for bids, and
8shall appear in the appropriate volume of the Illinois
9Procurement Bulletin.
10 (j) Reverse auction. Notwithstanding any other provision
11of this Section and in accordance with rules adopted by the
12chief procurement officer, that chief procurement officer may
13procure supplies or services through a competitive electronic
14auction bidding process after the chief procurement officer
15determines that the use of such a process will be in the best
16interest of the State. The chief procurement officer shall
17publish that determination in his or her next volume of the
18Illinois Procurement Bulletin.
19 An invitation for bids shall be issued and shall include
20(i) a procurement description, (ii) all contractual terms,
21whenever practical, and (iii) conditions applicable to the
22procurement, including a notice that bids will be received in
23an electronic auction manner.
24 Public notice of the invitation for bids shall be given in
25the same manner as provided in subsection (c).
26 Bids shall be accepted electronically at the time and in

SB0008 Engrossed- 47 -LRB100 06368 MLM 16407 b
1the manner designated in the invitation for bids. During the
2auction, a bidder's price shall be disclosed to other bidders.
3Bidders shall have the opportunity to reduce their bid prices
4during the auction. At the conclusion of the auction, the
5record of the bid prices received and the name of each bidder
6shall be open to public inspection.
7 After the auction period has terminated, withdrawal of bids
8shall be permitted as provided in subsection (f).
9 The contract shall be awarded within 60 calendar days after
10the auction by written notice to the lowest responsible bidder,
11or all bids shall be rejected except as otherwise provided in
12this Code. Extensions of the date for the award may be made by
13mutual written consent of the State purchasing officer and the
14lowest responsible bidder.
15 This subsection does not apply to (i) procurements of
16professional and artistic services, (ii) telecommunications
17services, communication services, and information services,
18and (iii) contracts for construction projects, including
19design professional services.
20(Source: P.A. 97-96, eff. 7-13-11; 97-895, eff. 8-3-12;
2198-1076, eff. 1-1-15.)
22 (Text of Section from P.A. 96-159, 96-795, 97-96, 97-895,
23and 98-1076)
24 Sec. 20-10. Competitive sealed bidding; reverse auction.
25 (a) Conditions for use. All contracts shall be awarded by

SB0008 Engrossed- 48 -LRB100 06368 MLM 16407 b
1competitive sealed bidding except as otherwise provided in
2Section 20-5.
3 (b) Invitation for bids. An invitation for bids shall be
4issued and shall include a purchase description and the
5material contractual terms and conditions applicable to the
6procurement.
7 (c) Public notice. Public notice of the invitation for bids
8shall be published in the Illinois Procurement Bulletin at
9least 14 calendar days before the date set in the invitation
10for the opening of bids.
11 (d) Bid opening. Bids shall be opened publicly in the
12presence of one or more witnesses at the time and place
13designated in the invitation for bids. The name of each bidder,
14the amount of each bid, and other relevant information as may
15be specified by rule shall be recorded. After the award of the
16contract, the winning bid and the record of each unsuccessful
17bid shall be open to public inspection.
18 (e) Bid acceptance and bid evaluation. Bids shall be
19unconditionally accepted without alteration or correction,
20except as authorized in this Code. Bids shall be evaluated
21based on the requirements set forth in the invitation for bids,
22which may include criteria to determine acceptability such as
23inspection, testing, quality, workmanship, delivery, and
24suitability for a particular purpose. Those criteria that will
25affect the bid price and be considered in evaluation for award,
26such as discounts, transportation costs, and total or life

SB0008 Engrossed- 49 -LRB100 06368 MLM 16407 b
1cycle costs, shall be objectively measurable. The invitation
2for bids shall set forth the evaluation criteria to be used.
3 (f) Correction or withdrawal of bids. Correction or
4withdrawal of inadvertently erroneous bids before or after
5award, or cancellation of awards of contracts based on bid
6mistakes, shall be permitted in accordance with rules. After
7bid opening, no changes in bid prices or other provisions of
8bids prejudicial to the interest of the State or fair
9competition shall be permitted. All decisions to permit the
10correction or withdrawal of bids based on bid mistakes shall be
11supported by written determination made by a State purchasing
12officer.
13 (g) Award. The contract shall be awarded with reasonable
14promptness by written notice to the lowest responsible and
15responsive bidder whose bid meets the requirements and criteria
16set forth in the invitation for bids, except when a State
17purchasing officer determines it is not in the best interest of
18the State and by written explanation determines another bidder
19shall receive the award. The explanation shall appear in the
20appropriate volume of the Illinois Procurement Bulletin. The
21written explanation must include:
22 (1) a description of the agency's needs;
23 (2) a determination that the anticipated cost will be
24 fair and reasonable;
25 (3) a listing of all responsible and responsive
26 bidders; and

SB0008 Engrossed- 50 -LRB100 06368 MLM 16407 b
1 (4) the name of the bidder selected, the total contract
2 price, and the reasons for selecting that bidder.
3 When a multiple award is contemplated, the solicitation
4shall identify the award criteria and a detailed method of
5selecting from among the multiple awardees.
6 Each chief procurement officer may adopt guidelines to
7implement the requirements of this subsection (g).
8 The written explanation shall be filed with the Legislative
9Audit Commission and the Procurement Policy Board, and be made
10available for inspection by the public, within 30 days after
11the agency's decision to award the contract.
12 (h) Multi-step sealed bidding. When it is considered
13impracticable to initially prepare a purchase description to
14support an award based on price, an invitation for bids may be
15issued requesting the submission of unpriced offers to be
16followed by written requests for sealed quotes with pricing to
17meet the need and an invitation for bids limited to the pool of
18those bidders whose offers have been qualified under the
19criteria set forth in the first solicitation. An award shall be
20made to the responsible vendor with the lowest priced quote
21meeting the needs of the State agency as needs are determined
22by the State agency. The chief procurement officer may re-open
23the pool following the procedures in this subsection (h)
24periodically as needed to ensure reasonable competition.
25 (i) Alternative procedures. Notwithstanding any other
26provision of this Act to the contrary, the Director of the

SB0008 Engrossed- 51 -LRB100 06368 MLM 16407 b
1Illinois Power Agency may create alternative bidding
2procedures to be used in procuring professional services under
3subsection (a) of Section 1-75 and subsection (d) of Section
41-78 of the Illinois Power Agency Act and Section 16-111.5(c)
5of the Public Utilities Act and to procure renewable energy
6resources under Section 1-56 of the Illinois Power Agency Act.
7These alternative procedures shall be set forth together with
8the other criteria contained in the invitation for bids, and
9shall appear in the appropriate volume of the Illinois
10Procurement Bulletin.
11 (j) Reverse auction. Notwithstanding any other provision
12of this Section and in accordance with rules adopted by the
13chief procurement officer, that chief procurement officer may
14procure supplies or services through a competitive electronic
15auction bidding process after the chief procurement officer
16determines that the use of such a process will be in the best
17interest of the State. The chief procurement officer shall
18publish that determination in his or her next volume of the
19Illinois Procurement Bulletin.
20 An invitation for bids shall be issued and shall include
21(i) a procurement description, (ii) all contractual terms,
22whenever practical, and (iii) conditions applicable to the
23procurement, including a notice that bids will be received in
24an electronic auction manner.
25 Public notice of the invitation for bids shall be given in
26the same manner as provided in subsection (c).

SB0008 Engrossed- 52 -LRB100 06368 MLM 16407 b
1 Bids shall be accepted electronically at the time and in
2the manner designated in the invitation for bids. During the
3auction, a bidder's price shall be disclosed to other bidders.
4Bidders shall have the opportunity to reduce their bid prices
5during the auction. At the conclusion of the auction, the
6record of the bid prices received and the name of each bidder
7shall be open to public inspection.
8 After the auction period has terminated, withdrawal of bids
9shall be permitted as provided in subsection (f).
10 The contract shall be awarded within 60 calendar days after
11the auction by written notice to the lowest responsible bidder,
12or all bids shall be rejected except as otherwise provided in
13this Code. Extensions of the date for the award may be made by
14mutual written consent of the State purchasing officer and the
15lowest responsible bidder.
16 This subsection does not apply to (i) procurements of
17professional and artistic services, (ii) telecommunications
18services, communication services, and information services,
19and (iii) contracts for construction projects, including
20design professional services.
21(Source: P.A. 97-96, eff. 7-13-11; 97-895, eff. 8-3-12;
2298-1076, eff. 1-1-15.)
23 (Text of Section after amendment by P.A. 99-906)
24 (Text of Section from P.A. 96-159, 96-588, 97-96, 97-895,
2598-1076, and 99-906)

SB0008 Engrossed- 53 -LRB100 06368 MLM 16407 b
1 Sec. 20-10. Competitive sealed bidding; reverse auction.
2 (a) Conditions for use. All contracts shall be awarded by
3competitive sealed bidding except as otherwise provided in
4Section 20-5.
5 (b) Invitation for bids. An invitation for bids shall be
6issued and shall include a purchase description and the
7material contractual terms and conditions applicable to the
8procurement.
9 (c) Public notice. Public notice of the invitation for bids
10shall be published in the Illinois Procurement Bulletin at
11least 14 calendar days before the date set in the invitation
12for the opening of bids.
13 (d) Bid opening. Bids shall be opened publicly in the
14presence of one or more witnesses at the time and place
15designated in the invitation for bids. The name of each bidder,
16the amount of each bid, and other relevant information as may
17be specified by rule shall be recorded. After the award of the
18contract, the winning bid and the record of each unsuccessful
19bid shall be open to public inspection.
20 (e) Bid acceptance and bid evaluation. Bids shall be
21unconditionally accepted without alteration or correction,
22except as authorized in this Code. Bids shall be evaluated
23based on the requirements set forth in the invitation for bids,
24which may include criteria to determine acceptability such as
25inspection, testing, quality, workmanship, delivery, and
26suitability for a particular purpose. Those criteria that will

SB0008 Engrossed- 54 -LRB100 06368 MLM 16407 b
1affect the bid price and be considered in evaluation for award,
2such as discounts, transportation costs, and total or life
3cycle costs, shall be objectively measurable. The invitation
4for bids shall set forth the evaluation criteria to be used.
5 (f) Correction or withdrawal of bids. Correction or
6withdrawal of inadvertently erroneous bids before or after
7award, or cancellation of awards of contracts based on bid
8mistakes, shall be permitted in accordance with rules. After
9bid opening, no changes in bid prices or other provisions of
10bids prejudicial to the interest of the State or fair
11competition shall be permitted. All decisions to permit the
12correction or withdrawal of bids based on bid mistakes shall be
13supported by written determination made by a State purchasing
14officer.
15 (g) Award. The contract shall be awarded with reasonable
16promptness by written notice to the lowest responsible and
17responsive bidder whose bid meets the requirements and criteria
18set forth in the invitation for bids, except when a State
19purchasing officer determines it is not in the best interest of
20the State and by written explanation determines another bidder
21shall receive the award. The explanation shall appear in the
22appropriate volume of the Illinois Procurement Bulletin. The
23written explanation must include:
24 (1) a description of the agency's needs;
25 (2) a determination that the anticipated cost will be
26 fair and reasonable;

SB0008 Engrossed- 55 -LRB100 06368 MLM 16407 b
1 (3) a listing of all responsible and responsive
2 bidders; and
3 (4) the name of the bidder selected, the total contract
4 price, and the reasons for selecting that bidder.
5 When a multiple award is contemplated, the solicitation
6shall identify the award criteria and a detailed method of
7selecting from among the multiple awardees.
8 Each chief procurement officer may adopt guidelines to
9implement the requirements of this subsection (g).
10 The written explanation shall be filed with the Legislative
11Audit Commission and the Procurement Policy Board, and be made
12available for inspection by the public, within 30 calendar days
13after the agency's decision to award the contract.
14 (h) Multi-step sealed bidding. When it is considered
15impracticable to initially prepare a purchase description to
16support an award based on price, an invitation for bids may be
17issued requesting the submission of unpriced offers to be
18followed by written requests for sealed quotes with pricing to
19meet the need and an invitation for bids limited to the pool of
20those bidders whose offers have been qualified under the
21criteria set forth in the first solicitation. An award shall be
22made to the responsible vendor with the lowest priced quote
23meeting the needs of the State agency as needs are determined
24by the State agency. The chief procurement officer may re-open
25the pool following the procedures in this subsection (h)
26periodically as needed to ensure reasonable competition.

SB0008 Engrossed- 56 -LRB100 06368 MLM 16407 b
1 (i) Alternative procedures. Notwithstanding any other
2provision of this Act to the contrary, the Director of the
3Illinois Power Agency may create alternative bidding
4procedures to be used in procuring professional services under
5Section 1-56, subsections (a) and (c) of Section 1-75 and
6subsection (d) of Section 1-78 of the Illinois Power Agency Act
7and Section 16-111.5(c) of the Public Utilities Act and to
8procure renewable energy resources under Section 1-56 of the
9Illinois Power Agency Act. These alternative procedures shall
10be set forth together with the other criteria contained in the
11invitation for bids, and shall appear in the appropriate volume
12of the Illinois Procurement Bulletin.
13 (j) Reverse auction. Notwithstanding any other provision
14of this Section and in accordance with rules adopted by the
15chief procurement officer, that chief procurement officer may
16procure supplies or services through a competitive electronic
17auction bidding process after the chief procurement officer
18determines that the use of such a process will be in the best
19interest of the State. The chief procurement officer shall
20publish that determination in his or her next volume of the
21Illinois Procurement Bulletin.
22 An invitation for bids shall be issued and shall include
23(i) a procurement description, (ii) all contractual terms,
24whenever practical, and (iii) conditions applicable to the
25procurement, including a notice that bids will be received in
26an electronic auction manner.

SB0008 Engrossed- 57 -LRB100 06368 MLM 16407 b
1 Public notice of the invitation for bids shall be given in
2the same manner as provided in subsection (c).
3 Bids shall be accepted electronically at the time and in
4the manner designated in the invitation for bids. During the
5auction, a bidder's price shall be disclosed to other bidders.
6Bidders shall have the opportunity to reduce their bid prices
7during the auction. At the conclusion of the auction, the
8record of the bid prices received and the name of each bidder
9shall be open to public inspection.
10 After the auction period has terminated, withdrawal of bids
11shall be permitted as provided in subsection (f).
12 The contract shall be awarded within 60 calendar days after
13the auction by written notice to the lowest responsible bidder,
14or all bids shall be rejected except as otherwise provided in
15this Code. Extensions of the date for the award may be made by
16mutual written consent of the State purchasing officer and the
17lowest responsible bidder.
18 This subsection does not apply to (i) procurements of
19professional and artistic services, (ii) telecommunications
20services, communication services, and information services,
21and (iii) contracts for construction projects, including
22design professional services.
23(Source: P.A. 98-1076, eff. 1-1-15; 99-906, eff. 6-1-17.)
24 (Text of Section from P.A. 96-159, 96-795, 97-96, 97-895,
2598-1076, and 99-906)

SB0008 Engrossed- 58 -LRB100 06368 MLM 16407 b
1 Sec. 20-10. Competitive sealed bidding; reverse auction.
2 (a) Conditions for use. All contracts shall be awarded by
3competitive sealed bidding except as otherwise provided in
4Section 20-5.
5 (b) Invitation for bids. An invitation for bids shall be
6issued and shall include a purchase description and the
7material contractual terms and conditions applicable to the
8procurement.
9 (c) Public notice. Public notice of the invitation for bids
10shall be published in the Illinois Procurement Bulletin at
11least 14 calendar days before the date set in the invitation
12for the opening of bids.
13 (d) Bid opening. Bids shall be opened publicly in the
14presence of one or more witnesses at the time and place
15designated in the invitation for bids. The name of each bidder,
16the amount of each bid, and other relevant information as may
17be specified by rule shall be recorded. After the award of the
18contract, the winning bid and the record of each unsuccessful
19bid shall be open to public inspection.
20 (e) Bid acceptance and bid evaluation. Bids shall be
21unconditionally accepted without alteration or correction,
22except as authorized in this Code. Bids shall be evaluated
23based on the requirements set forth in the invitation for bids,
24which may include criteria to determine acceptability such as
25inspection, testing, quality, workmanship, delivery, and
26suitability for a particular purpose. Those criteria that will

SB0008 Engrossed- 59 -LRB100 06368 MLM 16407 b
1affect the bid price and be considered in evaluation for award,
2such as discounts, transportation costs, and total or life
3cycle costs, shall be objectively measurable. The invitation
4for bids shall set forth the evaluation criteria to be used.
5 (f) Correction or withdrawal of bids. Correction or
6withdrawal of inadvertently erroneous bids before or after
7award, or cancellation of awards of contracts based on bid
8mistakes, shall be permitted in accordance with rules. After
9bid opening, no changes in bid prices or other provisions of
10bids prejudicial to the interest of the State or fair
11competition shall be permitted. All decisions to permit the
12correction or withdrawal of bids based on bid mistakes shall be
13supported by written determination made by a State purchasing
14officer.
15 (g) Award. The contract shall be awarded with reasonable
16promptness by written notice to the lowest responsible and
17responsive bidder whose bid meets the requirements and criteria
18set forth in the invitation for bids, except when a State
19purchasing officer determines it is not in the best interest of
20the State and by written explanation determines another bidder
21shall receive the award. The explanation shall appear in the
22appropriate volume of the Illinois Procurement Bulletin. The
23written explanation must include:
24 (1) a description of the agency's needs;
25 (2) a determination that the anticipated cost will be
26 fair and reasonable;

SB0008 Engrossed- 60 -LRB100 06368 MLM 16407 b
1 (3) a listing of all responsible and responsive
2 bidders; and
3 (4) the name of the bidder selected, the total contract
4 price, and the reasons for selecting that bidder.
5 When a multiple award is contemplated, the solicitation
6shall identify the award criteria and a detailed method of
7selecting from among the multiple awardees.
8 Each chief procurement officer may adopt guidelines to
9implement the requirements of this subsection (g).
10 The written explanation shall be filed with the Legislative
11Audit Commission and the Procurement Policy Board, and be made
12available for inspection by the public, within 30 days after
13the agency's decision to award the contract.
14 (h) Multi-step sealed bidding. When it is considered
15impracticable to initially prepare a purchase description to
16support an award based on price, an invitation for bids may be
17issued requesting the submission of unpriced offers to be
18followed by written requests for sealed quotes with pricing to
19meet the need and an invitation for bids limited to the pool of
20those bidders whose offers have been qualified under the
21criteria set forth in the first solicitation. An award shall be
22made to the responsible vendor with the lowest priced quote
23meeting the needs of the State agency as needs are determined
24by the State agency. The chief procurement officer may re-open
25the pool following the procedures in this subsection (h)
26periodically as needed to ensure reasonable competition.

SB0008 Engrossed- 61 -LRB100 06368 MLM 16407 b
1 (i) Alternative procedures. Notwithstanding any other
2provision of this Act to the contrary, the Director of the
3Illinois Power Agency may create alternative bidding
4procedures to be used in procuring professional services under
5subsections (a) and (c) of Section 1-75 and subsection (d) of
6Section 1-78 of the Illinois Power Agency Act and Section
716-111.5(c) of the Public Utilities Act and to procure
8renewable energy resources under Section 1-56 of the Illinois
9Power Agency Act. These alternative procedures shall be set
10forth together with the other criteria contained in the
11invitation for bids, and shall appear in the appropriate volume
12of the Illinois Procurement Bulletin.
13 (j) Reverse auction. Notwithstanding any other provision
14of this Section and in accordance with rules adopted by the
15chief procurement officer, that chief procurement officer may
16procure supplies or services through a competitive electronic
17auction bidding process after the chief procurement officer
18determines that the use of such a process will be in the best
19interest of the State. The chief procurement officer shall
20publish that determination in his or her next volume of the
21Illinois Procurement Bulletin.
22 An invitation for bids shall be issued and shall include
23(i) a procurement description, (ii) all contractual terms,
24whenever practical, and (iii) conditions applicable to the
25procurement, including a notice that bids will be received in
26an electronic auction manner.

SB0008 Engrossed- 62 -LRB100 06368 MLM 16407 b
1 Public notice of the invitation for bids shall be given in
2the same manner as provided in subsection (c).
3 Bids shall be accepted electronically at the time and in
4the manner designated in the invitation for bids. During the
5auction, a bidder's price shall be disclosed to other bidders.
6Bidders shall have the opportunity to reduce their bid prices
7during the auction. At the conclusion of the auction, the
8record of the bid prices received and the name of each bidder
9shall be open to public inspection.
10 After the auction period has terminated, withdrawal of bids
11shall be permitted as provided in subsection (f).
12 The contract shall be awarded within 60 calendar days after
13the auction by written notice to the lowest responsible bidder,
14or all bids shall be rejected except as otherwise provided in
15this Code. Extensions of the date for the award may be made by
16mutual written consent of the State purchasing officer and the
17lowest responsible bidder.
18 This subsection does not apply to (i) procurements of
19professional and artistic services, (ii) telecommunications
20services, communication services, and information services,
21and (iii) contracts for construction projects, including
22design professional services.
23(Source: P.A. 98-1076, eff. 1-1-15; 99-906, eff. 6-1-17.)
24 (30 ILCS 500/20-15)
25 Sec. 20-15. Competitive sealed proposals.

SB0008 Engrossed- 63 -LRB100 06368 MLM 16407 b
1 (a) Conditions for use. When provided under this Code or
2under rules, or when the purchasing agency determines in
3writing that the use of competitive sealed bidding is either
4not practicable or not advantageous to the State, a contract
5may be entered into by competitive sealed proposals.
6 (b) Request for proposals. Proposals shall be solicited
7through a request for proposals.
8 (c) Public notice. Public notice of the request for
9proposals shall be published in the Illinois Procurement
10Bulletin at least 14 calendar days before the date set in the
11invitation for the opening of proposals.
12 (d) Receipt of proposals. Proposals shall be opened
13publicly in the presence of one or more witnesses at the time
14and place designated in the request for proposals, but
15proposals shall be opened in a manner to avoid disclosure of
16contents to competing offerors during the process of
17negotiation. A record of proposals shall be prepared and shall
18be open for public inspection after contract award.
19 (e) Evaluation factors. The requests for proposals shall
20state the relative importance of price and other evaluation
21factors. Proposals shall be submitted in 2 parts: the first,
22covering items except price; and the second, covering price.
23The first part of all proposals shall be evaluated and ranked
24independently of the second part of all proposals.
25 (f) Discussion with responsible offerors and revisions of
26offers or proposals. As provided in the request for proposals

SB0008 Engrossed- 64 -LRB100 06368 MLM 16407 b
1and under rules, discussions may be conducted with responsible
2offerors who submit offers or proposals determined to be
3reasonably susceptible of being selected for award for the
4purpose of clarifying and assuring full understanding of and
5responsiveness to the solicitation requirements. Those
6offerors shall be accorded fair and equal treatment with
7respect to any opportunity for discussion and revision of
8proposals. Revisions may be permitted after submission and
9before award for the purpose of obtaining best and final
10offers. In conducting discussions there shall be no disclosure
11of any information derived from proposals submitted by
12competing offerors. If information is disclosed to any offeror,
13it shall be provided to all competing offerors.
14 (g) Award. Awards shall be made to the responsible offeror
15whose proposal is determined in writing to be the most
16advantageous to the State, taking into consideration price and
17the evaluation factors set forth in the request for proposals.
18When a multiple award is contemplated, the solicitation shall
19identify the award criteria and the detailed method of
20selecting from among the multiple awardees. The contract file
21shall contain the basis on which any the award is made.
22 (h) Multi-step sealed proposals. A request for proposals
23may be issued requesting the submission of offers to establish
24a pool of competitively-selected vendors to be followed by
25written requests for specific proposals with pricing to meet
26the need and limited to those in the pool of qualified vendors.

SB0008 Engrossed- 65 -LRB100 06368 MLM 16407 b
1Clarification, discussions, and best and finals shall be
2allowed as in a standard request for proposals in each step of
3the process. Award shall be made to the responsible vendors
4with the most advantageous proposal, price, and other factors
5being considered. The chief procurement officer may re-open the
6pool following the procedures in this subsection (h)
7periodically as needed to ensure reasonable competition.
8(Source: P.A. 98-1076, eff. 1-1-15.)
9 (30 ILCS 500/20-20)
10 Sec. 20-20. Small purchases.
11 (a) Amount. Any individual procurement of supplies or
12services other than professional or artistic services, not
13exceeding $100,000 $10,000 and any procurement of construction
14not exceeding $100,000, or any individual procurement of
15professional or artistic services not exceeding $100,000
16$30,000 may be made without competitive source selection sealed
17bidding. Procurements shall not be artificially divided so as
18to constitute a small purchase under this Section. Any
19procurement of construction not exceeding $100,000 may be made
20by an alternative competitive source selection. The
21construction agency shall establish rules for an alternative
22competitive source selection process. This Section does not
23apply to construction-related professional services contracts
24awarded in accordance with the provisions of the Architectural,
25Engineering, and Land Surveying Qualifications Based Selection

SB0008 Engrossed- 66 -LRB100 06368 MLM 16407 b
1Act.
2 (b) Adjustment. Each July 1, the small purchase maximum
3established in subsection (a) shall be adjusted for inflation
4as determined by the Consumer Price Index for All Urban
5Consumers as determined by the United States Department of
6Labor and rounded to the nearest $100.
7 (c) Based upon rules proposed by the Board and rules
8promulgated by the chief procurement officers, the small
9purchase maximum established in subsection (a) may be modified.
10(Source: P.A. 90-572, eff. date - See Sec. 99-5.)
11 (30 ILCS 500/20-25)
12 Sec. 20-25. Sole source procurements.
13 (a) In accordance with standards set by rule, contracts may
14be awarded without use of the specified method of source
15selection when there is only one economically feasible source
16for the item. A State contract may be awarded as a sole source
17procurement unless an interested party submits a written
18request for a public hearing at which the chief procurement
19officer and purchasing agency present written justification
20for the procurement method. Any interested party may present
21testimony. A sole source contract where a hearing was requested
22by an interested party may be awarded after the hearing is
23conducted with the approval of the chief procurement officer.
24 (b) This Section may not be used as a basis for amending a
25contract for professional or artistic services if the amendment

SB0008 Engrossed- 67 -LRB100 06368 MLM 16407 b
1would result in an increase in the amount paid under the
2contract of more than 5% of the initial award, or would extend
3the contract term beyond the time reasonably needed for a
4competitive procurement, not to exceed 2 months.
5 (c) Notice of intent to enter into a sole source contract
6shall be provided to the Procurement Policy Board and published
7in the online electronic Bulletin at least 14 calendar days
8before the public hearing required in subsection (a). The
9notice shall include the sole source procurement justification
10form prescribed by the Board, a description of the item to be
11procured, the intended sole source contractor, and the date,
12time, and location of the public hearing. A copy of the notice
13and all documents provided at the hearing shall be included in
14the subsequent Procurement Bulletin.
15 (d) By November August 1 each year, each chief procurement
16officer shall file a report with the General Assembly
17identifying each contract the officer sought under the sole
18source procurement method and providing the justification
19given for seeking sole source as the procurement method for
20each of those contracts.
21(Source: P.A. 97-895, eff. 8-3-12; 98-1076, eff. 1-1-15.)
22 (30 ILCS 500/20-30)
23 Sec. 20-30. Emergency purchases.
24 (a) Conditions for use. In accordance with standards set by
25rule, a purchasing agency may make emergency procurements

SB0008 Engrossed- 68 -LRB100 06368 MLM 16407 b
1without competitive sealed bidding or prior notice when there
2exists a threat to public health or public safety, or when
3immediate expenditure is necessary for repairs to State
4property in order to protect against further loss of or damage
5to State property, to prevent or minimize serious disruption in
6critical State services that affect health, safety, or
7collection of substantial State revenues, or to ensure the
8integrity of State records; provided, however, that the term of
9the emergency purchase shall be limited to the time reasonably
10needed for a competitive procurement, not to exceed 90 calendar
11days. A contract, other than a construction emergency contract,
12may be extended beyond 90 calendar days if the chief
13procurement officer determines additional time is necessary
14and that the contract scope and duration are limited to the
15emergency. Prior to execution of the extension, the chief
16procurement officer must hold a public hearing and provide
17written justification for all emergency contracts. Members of
18the public may present testimony. Emergency procurements shall
19be made with as much competition as is practicable under the
20circumstances. A written description of the basis for the
21emergency and reasons for the selection of the particular
22contractor shall be included in the contract file. For
23construction, construction-related, and construction support
24procurements, the 90-calendar-day term and provisions for
25contracts are not applicable.
26 (b) Notice. Notice of all emergency procurements shall be

SB0008 Engrossed- 69 -LRB100 06368 MLM 16407 b
1provided to the Procurement Policy Board and published in the
2online electronic Bulletin no later than 5 calendar days after
3the contract is awarded. Notice of intent to extend an
4emergency contract shall be provided to the Procurement Policy
5Board and published in the online electronic Bulletin at least
614 calendar days before the public hearing. Notice shall
7include at least a description of the need for the emergency
8purchase, the contractor, and if applicable, the date, time,
9and location of the public hearing. A copy of this notice and
10all documents provided at the hearing shall be included in the
11subsequent Procurement Bulletin. Before the next appropriate
12volume of the Illinois Procurement Bulletin, the purchasing
13agency shall publish in the Illinois Procurement Bulletin a
14copy of each written description and reasons and the total cost
15of each emergency procurement made during the previous month.
16When only an estimate of the total cost is known at the time of
17publication, the estimate shall be identified as an estimate
18and published. When the actual total cost is determined, it
19shall also be published in like manner before the 10th day of
20the next succeeding month.
21 (c) Affidavits. A chief procurement officer making a
22procurement under this Section shall file affidavits with the
23Procurement Policy Board and the Auditor General within 10
24calendar days after the procurement setting forth the amount
25expended, the name of the contractor involved, and the
26conditions and circumstances requiring the emergency

SB0008 Engrossed- 70 -LRB100 06368 MLM 16407 b
1procurement. When only an estimate of the cost is available
2within 10 calendar days after the procurement, the actual cost
3shall be reported immediately after it is determined. At the
4end of each fiscal quarter, the Auditor General shall file with
5the Legislative Audit Commission and the Governor a complete
6listing of all emergency procurements reported during that
7fiscal quarter. The Legislative Audit Commission shall review
8the emergency procurements so reported and, in its annual
9reports, advise the General Assembly of procurements that
10appear to constitute an abuse of this Section.
11 (d) Quick purchases. The chief procurement officer may
12promulgate rules extending the circumstances by which a
13purchasing agency may make purchases under this Section,
14including but not limited to the procurement of items available
15at a discount for a limited period of time.
16 (e) The changes to this Section made by this amendatory Act
17of the 96th General Assembly apply to procurements executed on
18or after its effective date.
19(Source: P.A. 98-1076, eff. 1-1-15.)
20 (30 ILCS 500/20-43)
21 Sec. 20-43. Bidder or offeror authorized to transact
22business or conduct affairs do business in Illinois. In
23addition to meeting any other requirement of law or rule, a
24person (other than an individual acting as a sole proprietor)
25may qualify as a bidder or offeror under this Code only if the

SB0008 Engrossed- 71 -LRB100 06368 MLM 16407 b
1person is a legal entity prior to submitting the bid, offer, or
2proposal. The legal entity must be authorized to transact
3business or conduct affairs in Illinois prior to execution of
4the contract submitting the bid, offer, or proposal. This
5Section shall not apply to construction contracts that are
6subject to the requirements of Sections 30-20 and 33-10 of this
7Code. The pre-qualification requirements of Sections 30-20 and
833-10 of this Code shall include the requirement that the
9bidder be registered with the Secretary of State.
10(Source: P.A. 98-1076, eff. 1-1-15.)
11 (30 ILCS 500/20-155)
12 Sec. 20-155. Solicitation and contract documents.
13 (a) Each chief procurement officer appointed pursuant to
14Section 10-20 shall have the sole authority in their respective
15jurisdiction to develop and distribute uniform documents for
16the solicitation, review, and acceptance of all bids, offers,
17and responses and the award of contracts pursuant to this Code.
18If a chief procurement officer appointed pursuant to Section
1910-20 exercises the authority to develop and distribute uniform
20documents for the solicitation, review and acceptance of all
21bids, offers and responses and the award of contracts, then the
22State agency shall use the uniform documents.
23 (b) After award of a contract and subject to provisions of
24the Freedom of Information Act, the procuring agency shall make
25available for public inspection and copying all pre-award,

SB0008 Engrossed- 72 -LRB100 06368 MLM 16407 b
1post-award, administration, and close-out documents relating
2to that particular contract. Publication of a notice of award
3to the respective chief procurement officer's volume of the
4Illinois Procurement Bulletin shall constitute the award or
5final selection for purposes of paragraph (h) of subsection (1)
6of Section 7 of the Freedom of Information Act.
7 (c) A procurement file shall be maintained for all
8contracts, regardless of the method of procurement. The
9procurement file shall contain the basis on which the award is
10made, all submitted bids and proposals, all evaluation
11materials including individual evaluators' , score sheets and
12all other documentation related to or prepared in conjunction
13with evaluation, negotiation, and the award process. The
14procurement file shall contain a written determination, signed
15by the chief procurement officer or State purchasing officer,
16setting forth the reasoning for the contract award decision.
17The procurement file shall not include trade secrets or other
18competitively sensitive, confidential, or proprietary
19information. The procurement file shall be open to public
20inspection within 7 calendar days following the publication of
21the notice of award of the contract.
22(Source: P.A. 97-895, eff. 8-3-12; 98-1076, eff. 1-1-15.)
23 (30 ILCS 500/20-160)
24 Sec. 20-160. Business entities; certification;
25registration with the State Board of Elections.

SB0008 Engrossed- 73 -LRB100 06368 MLM 16407 b
1 (a) For purposes of this Section, the terms "business
2entity", "contract", "State contract", "contract with a State
3agency", "State agency", "affiliated entity", and "affiliated
4person" have the meanings ascribed to those terms in Section
550-37.
6 (b) Every bid and offer submitted to and every contract
7executed by the State on or after January 1, 2009 (the
8effective date of Public Act 95-971) and every submission to a
9vendor portal shall contain (1) a certification by the bidder,
10offeror, vendor, or contractor that either (i) the bidder,
11offeror, vendor, or contractor is not required to register as a
12business entity with the State Board of Elections pursuant to
13this Section or (ii) the bidder, offeror, vendor, or contractor
14has registered as a business entity with the State Board of
15Elections and acknowledges a continuing duty to update the
16registration and (2) a statement that the contract is voidable
17under Section 50-60 for the bidder's, offeror's, vendor's, or
18contractor's failure to comply with this Section.
19 (c) Each business entity (i) whose aggregate bids and
20proposals on State contracts annually total more than $50,000,
21(ii) whose aggregate bids and proposals on State contracts
22combined with the business entity's aggregate annual total
23value of State contracts exceed $50,000, or (iii) whose
24contracts with State agencies, in the aggregate, annually total
25more than $50,000 shall register with the State Board of
26Elections in accordance with Section 9-35 of the Election Code.

SB0008 Engrossed- 74 -LRB100 06368 MLM 16407 b
1A business entity required to register under this subsection
2due to item (i) or (ii) has a continuing duty to ensure that
3the registration is accurate during the period beginning on the
4date of registration and ending on the day after the date the
5contract is awarded; any change in information must be reported
6to the State Board of Elections 5 business days following such
7change or no later than a day before the contract is awarded,
8whichever date is earlier. A business entity required to
9register under this subsection due to item (iii) has a
10continuing duty to ensure that the registration is accurate in
11accordance with subsection (e).
12 (d) Any business entity, not required under subsection (c)
13to register, whose aggregate bids and proposals on State
14contracts annually total more than $50,000, or whose aggregate
15bids and proposals on State contracts combined with the
16business entity's aggregate annual total value of State
17contracts exceed $50,000, shall register with the State Board
18of Elections in accordance with Section 9-35 of the Election
19Code prior to submitting to a State agency the bid or proposal
20whose value causes the business entity to fall within the
21monetary description of this subsection. A business entity
22required to register under this subsection has a continuing
23duty to ensure that the registration is accurate during the
24period beginning on the date of registration and ending on the
25day after the date the contract is awarded. Any change in
26information must be reported to the State Board of Elections

SB0008 Engrossed- 75 -LRB100 06368 MLM 16407 b
1within 5 business days following such change or no later than a
2day before the contract is awarded, whichever date is earlier.
3 (e) A business entity whose contracts with State agencies,
4in the aggregate, annually total more than $50,000 must
5maintain its registration under this Section and has a
6continuing duty to ensure that the registration is accurate for
7the duration of the term of office of the incumbent
8officeholder awarding the contracts or for a period of 2 years
9following the expiration or termination of the contracts,
10whichever is longer. A business entity, required to register
11under this subsection, has a continuing duty to report any
12changes on a quarterly basis to the State Board of Elections
13within 14 calendar days following the last day of January,
14April, July, and October of each year. Any update pursuant to
15this paragraph that is received beyond that date is presumed
16late and the civil penalty authorized by subsection (e) of
17Section 9-35 of the Election Code (10 ILCS 5/9-35) may be
18assessed.
19 Also, if a business entity required to register under this
20subsection has a pending bid or offer, any change in
21information shall be reported to the State Board of Elections
22within 7 calendar days following such change or no later than a
23day before the contract is awarded, whichever date is earlier.
24 (f) A business entity's continuing duty under this Section
25to ensure the accuracy of its registration includes the
26requirement that the business entity notify the State Board of

SB0008 Engrossed- 76 -LRB100 06368 MLM 16407 b
1Elections of any change in information, including but not
2limited to changes of affiliated entities or affiliated
3persons.
4 (g) For any bid or offer for a contract with a State agency
5by a business entity required to register under this Section,
6the chief procurement officer shall verify that the business
7entity is required to register under this Section and is in
8compliance with the registration requirements on the date the
9bid or offer is due. A chief procurement officer shall not
10accept a bid or offer if the business entity is not in
11compliance with the registration requirements as of the date
12bids or offers are due. Upon discovery of noncompliance with
13this Section, if the bidder or offeror made a good faith effort
14to comply with registration efforts prior to the date the bid
15or offer is due, a chief procurement officer may provide the
16bidder or offeror 5 business days to achieve compliance. A
17chief procurement officer may extend the time to prove
18compliance by as long as necessary in the event that there is a
19failure within the State Board of Elections's registration
20system.
21 (h) A registration, and any changes to a registration, must
22include the business entity's verification of accuracy and
23subjects the business entity to the penalties of the laws of
24this State for perjury.
25 In addition to any penalty under Section 9-35 of the
26Election Code, intentional, willful, or material failure to

SB0008 Engrossed- 77 -LRB100 06368 MLM 16407 b
1disclose information required for registration shall render
2the contract, bid, offer, or other procurement relationship
3voidable by the chief procurement officer if he or she deems it
4to be in the best interest of the State of Illinois.
5 (i) This Section applies regardless of the method of source
6selection used in awarding the contract.
7(Source: P.A. 97-333, eff. 8-12-11; 97-895, eff. 8-3-12;
898-1076, eff. 1-1-15.)
9 (30 ILCS 500/20-170 new)
10 Sec. 20-170. Special Committee on Procurement Efficiency,
11Minority, Female, and Veterans Contracting, and Illinois
12Preference in Purchasing.
13 (a) The Special Committee on Procurement Efficiency,
14Minority, Female, and Veterans Contracting, and Illinois
15Preference in Purchasing is hereby created under the Executive
16Ethics Commission. The Special Committee shall consist of the
17following members:
18 (1) three members appointed by the President of the
19 Senate, only one of whom may be a current member of the
20 Senate;
21 (2) three members appointed by the Minority Leader of
22 the Senate, only one of whom may be a current member of the
23 Senate;
24 (3) three members appointed by the Speaker of the House
25 of Representatives, only one of whom may be a current

SB0008 Engrossed- 78 -LRB100 06368 MLM 16407 b
1 member of the House;
2 (4) three members appointed by the Minority Leader of
3 the House, only one of whom may be a current member of the
4 House;
5 (5) the Director of Central Management Services or his
6 or her designee;
7 (6) the Chief Procurement Officer for the Department of
8 Transportation;
9 (7) the Chief Procurement Officer with jurisdiction
10 over institutions of higher education; and
11 (8) the Executive Director of the Capital Development
12 Board or his or her designee.
13 (b) Members of the Special Committee must be appointed no
14later than 30 days after the effective date of this amendatory
15Act of the 100th General Assembly.
16 (c) If a vacancy occurs on the Special Committee, it shall
17be filled according to the guidelines of the initial
18appointment.
19 (d) The Special Committee shall elect a chairperson and
20vice-chairperson at the first meeting of the Special Committee.
21At the discretion of the chairperson, additional individuals
22may participate as non-voting members in the meetings of the
23Special Committee.
24 (e) Members of the Special Committee shall serve without
25compensation. The Executive Ethics Commission shall provide
26staff and administrative services to the Special Committee.

SB0008 Engrossed- 79 -LRB100 06368 MLM 16407 b
1 (f) The Special Committee shall conduct at least 3 hearings
2with at least one in Springfield and one in Chicago. Each
3hearing shall be open to the public and notice of such hearings
4shall be posted on the websites of the Procurement Policy
5Board, the Department of Central Management Services, and the
6General Assembly at least 6 days prior to the hearing.
7 (g) The Special Committee on Procurement Efficiency and
8Illinois Preference in Purchasing shall:
9 (1) review the current procurement process in Illinois
10 to determine what inefficacies currently exist in the State
11 procurement process and propose legislation to reduce
12 inefficacies while protecting State funds, ethics, and
13 transparency;
14 (2) review Illinois' procurement laws regarding
15 contracting with minority-owned businesses, female-owned
16 businesses, businesses owned by persons with disabilities,
17 and veteran-owned businesses to determine what changes
18 should be made to increase participation of these
19 businesses in State procurements; and
20 (3) review Illinois' resident bidder preference laws
21 and propose legislation aimed at strengthening Illinois'
22 resident bidder preference laws while not harming resident
23 bidders who do business in other states.
24 (h) The Special Committee shall make its findings and
25recommendations to the General Assembly and to the Governor,
26including legislative proposals, no later than December 31,

SB0008 Engrossed- 80 -LRB100 06368 MLM 16407 b
12017.
2 (i) This Section is repealed on January 31, 2018.
3 (30 ILCS 500/25-85 new)
4 Sec. 25-85. Best value procurement.
5 (a) this Section shall apply only to purchases of heavy
6mobile fleet vehicles and off-road construction equipment
7procured by or on behalf of:
8 (1) institutions of higher education;
9 (2) the Department of Agriculture;
10 (3) the Department of Transportation; and
11 (4) the Department of Natural Resources.
12 (b) As used in this Section, "best value procurement" means
13a contract award determined by objective criteria related to
14price, features, functions, and life-cycle costs that may
15include the following:
16 (1) total cost of ownership, including warranty, under
17 which all repair costs are borne solely by the warranty
18 provider; repair costs; maintenance costs; fuel
19 consumption; and salvage value;
20 (2) product performance, productivity, and safety
21 standards;
22 (3) the supplier's ability to perform to the contract
23 requirements; and
24 (4) environmental benefits, including reduction of
25 greenhouse gas emissions, reduction of air pollutant

SB0008 Engrossed- 81 -LRB100 06368 MLM 16407 b
1 emissions, or reduction of toxic or hazardous materials.
2 (c) The department or institution may enter into a contract
3for heavy mobile fleet vehicles and off-road construction
4equipment for use by the department or institution by means of
5best value procurement, using specifications and criteria
6developed in consultation with the Chief Procurement Officer of
7each designated department or institution and conducted in
8accordance with Section 20-15 of this Code.
9 (c) The department or institution may enter into a contract
10for heavy mobile fleet vehicles and off-road construction
11equipment for use by the department or institution by means of
12best value procurement, using specifications and criteria
13developed in consultation with the Chief Procurement Officer of
14each designated department or institution and conducted in
15accordance with Section 20-15 of this Code.
16 (d) In addition to disclosure of the minimum requirements
17for qualification, the solicitation document shall specify
18which business performance measures, in addition to price,
19shall be given a weighted value. The solicitation shall include
20a scoring method based on those factors and price in
21determining the successful offeror. Any evaluation and scoring
22method shall ensure substantial weight is given to the contract
23price.
24 (e) Upon written request of any person who has submitted an
25offer, notice of the award shall be posted in a public place in
26the offices of the department or institution at least 24 hours

SB0008 Engrossed- 82 -LRB100 06368 MLM 16407 b
1before executing the contract or purchase order. If, before
2making an award, any offeror who has submitted a bid files a
3protest with the department or institution against the awarding
4of the contract or purchase order on the ground that his or her
5offer should have been selected in accordance with the
6selection criteria in the solicitation document, the contract
7or purchase order shall not be awarded until either the protest
8has been withdrawn or the appropriate Chief Procurement Officer
9has made a final decision as to the action to be taken relative
10to the protest. Within 10 days after filing a protest, the
11protesting offeror shall file with the Chief Procurement
12Officer a full and complete written statement specifying in
13detail the ground of the protest and the facts in support
14thereof.
15 (f) The total annual value of vehicles and equipment
16purchased through best value procurement pursuant to this
17Section shall be limited to $20,000,000 per each department or
18institution.
19 (g) Best value procurement shall only be used on
20procurements first solicited on or before June 30, 2020.
21 (h) On or before January 1, 2021, the Chief Procurement
22Officer of each designated department or institution shall
23prepare an evaluation of the best value procurement pilot
24program authorized by this Section, including a recommendation
25on whether or not the process should be continued. The
26evaluation shall be posted in the applicable volume or volumes

SB0008 Engrossed- 83 -LRB100 06368 MLM 16407 b
1of the Illinois Procurement Bulletin on or before January 1,
22021.
3 (i) This Section is repealed on January 1, 2021.
4 (30 ILCS 500/40-25)
5 Sec. 40-25. Length of leases.
6 (a) Maximum term. Leases shall be for a term not to exceed
710 years inclusive, beginning January, 1, 2010, of proposed
8contract renewals and shall include a termination option in
9favor of the State after 5 years. The duration of any lease for
10real property entered into by a public institution of higher
11education that requires a capital improvement in excess of
12$100,000 as a condition of the lease may exceed 10 years, but
13not more than 30 years, if the governing board of a public
14institution of higher education, during a public hearing,
15determines that a lease in excess of 10 years is required or
16necessary for the use or benefit of that public institution of
17higher education and is in the best interest of the public
18institution of higher education. On July 1, 2022 and every 5
19years thereafter, the capital improvement minimum established
20in this subsection (a) shall be adjusted for inflation by the
21chief procurement officer for higher education as determined by
22the Consumer Price Index for All Urban Consumers as determined
23by the United States Department of Labor and rounded to the
24nearest $100.
25 (b) Renewal. Leases may include a renewal option. An option

SB0008 Engrossed- 84 -LRB100 06368 MLM 16407 b
1to renew may be exercised only when a State purchasing officer
2determines in writing that renewal is in the best interest of
3the State and notice of the exercise of the option is published
4in the appropriate volume of the Procurement Bulletin at least
560 calendar days prior to the exercise of the option.
6 (c) Subject to appropriation. All leases shall recite that
7they are subject to termination and cancellation in any year
8for which the General Assembly fails to make an appropriation
9to make payments under the terms of the lease.
10 (d) Holdover. Beginning January 1, 2010, no lease may
11continue on a month-to-month or other holdover basis for a
12total of more than 6 months. Beginning July 1, 2010, the
13Comptroller shall withhold payment of leases beyond this
14holdover period.
15(Source: P.A. 98-1076, eff. 1-1-15.)
16 (30 ILCS 500/45-30)
17 Sec. 45-30. Illinois Correctional Industries.
18Notwithstanding anything to the contrary in other law, each the
19chief procurement officer appointed pursuant to paragraph (4)
20of subsection (a) of Section 10-20 shall, in consultation with
21Illinois Correctional Industries, a division of the Illinois
22Department of Corrections (referred to as the "Illinois
23Correctional Industries" or "ICI") determine for all State
24agencies under their respective jurisdictions which articles,
25materials, industry related services, food stuffs, and

SB0008 Engrossed- 85 -LRB100 06368 MLM 16407 b
1finished goods that are produced or manufactured by persons
2confined in institutions and facilities of the Department of
3Corrections who are participating in Illinois Correctional
4Industries programs shall be purchased from Illinois
5Correctional Industries. Each The chief procurement officer
6appointed pursuant to paragraph (4) of subsection (a) of
7Section 10-20 shall develop and distribute to the appropriate
8various purchasing and using agencies a listing of all Illinois
9Correctional Industries products and procedures for
10implementing this Section.
11(Source: P.A. 98-1076, eff. 1-1-15.)
12 (30 ILCS 500/45-45)
13 Sec. 45-45. Small businesses.
14 (a) Set-asides. Each chief procurement officer has
15authority to designate as small business set-asides a fair
16proportion of construction, supply, and service contracts for
17award to small businesses in Illinois. Advertisements for bids
18or offers for those contracts shall specify designation as
19small business set-asides. In awarding the contracts, only bids
20or offers from qualified small businesses shall be considered.
21 (b) Small business. "Small business" means a business that
22is independently owned and operated and that is not dominant in
23its field of operation. The chief procurement officer shall
24establish a detailed definition by rule, using in addition to
25the foregoing criteria other criteria, including the number of

SB0008 Engrossed- 86 -LRB100 06368 MLM 16407 b
1employees and the dollar volume of business. When computing the
2size status of a potential contractor, annual sales and
3receipts of the potential contractor and all of its affiliates
4shall be included. The maximum number of employees and the
5maximum dollar volume that a small business may have under the
6rules promulgated by the chief procurement officer may vary
7from industry to industry to the extent necessary to reflect
8differing characteristics of those industries, subject to the
9following limitations:
10 (1) No wholesale business is a small business if its
11 annual sales for its most recently completed fiscal year
12 exceed $13,000,000.
13 (2) No retail business or business selling services is
14 a small business if its annual sales and receipts exceed
15 $8,000,000.
16 (3) No manufacturing business is a small business if it
17 employs more than 250 persons.
18 (4) No construction business is a small business if its
19 annual sales and receipts exceed $14,000,000.
20 (c) Fair proportion. For the purpose of subsection (a), for
21State agencies of the executive branch, a fair proportion of
22construction contracts shall be no less than 25% nor more than
2340% of the annual total contracts for construction.
24 (d) Withdrawal of designation. A small business set-aside
25designation may be withdrawn by the purchasing agency when
26deemed in the best interests of the State. Upon withdrawal, all

SB0008 Engrossed- 87 -LRB100 06368 MLM 16407 b
1bids or offers shall be rejected, and the bidders or offerors
2shall be notified of the reason for rejection. The contract
3shall then be awarded in accordance with this Code without the
4designation of small business set-aside.
5 (e) Small business specialist. The chief procurement
6officer shall designate an individual a State purchasing
7officer who will be responsible for engaging an experienced
8contract negotiator to serve as its small business specialist.
9The small business specialists shall collectively work
10together to accomplish the following duties , whose duties shall
11include:
12 (1) Compiling and maintaining a comprehensive list of
13 potential small contractors. In this duty, he or she shall
14 cooperate with the Federal Small Business Administration
15 in locating potential sources for various products and
16 services.
17 (2) Assisting small businesses in complying with the
18 procedures for bidding on State contracts.
19 (3) Examining requests from State agencies for the
20 purchase of property or services to help determine which
21 invitations to bid are to be designated small business
22 set-asides.
23 (4) Making recommendations to the chief procurement
24 officer for the simplification of specifications and terms
25 in order to increase the opportunities for small business
26 participation.

SB0008 Engrossed- 88 -LRB100 06368 MLM 16407 b
1 (5) Assisting in investigations by purchasing agencies
2 to determine the responsibility of bidders or offerors on
3 small business set-asides.
4 (f) Small business annual report. Each small business
5specialist The State purchasing officer designated under
6subsection (e) shall annually before December 1 report in
7writing to the General Assembly concerning the awarding of
8contracts to small businesses. The report shall include the
9total value of awards made in the preceding fiscal year under
10the designation of small business set-aside. The report shall
11also include the total value of awards made to businesses owned
12by minorities, females, and persons with disabilities, as
13defined in the Business Enterprise for Minorities, Females, and
14Persons with Disabilities Act, in the preceding fiscal year
15under the designation of small business set-aside.
16 The requirement for reporting to the General Assembly shall
17be satisfied by filing copies of the report as required by
18Section 3.1 of the General Assembly Organization Act.
19(Source: P.A. 98-1076, eff. 1-1-15.)
20 (30 ILCS 500/45-57)
21 Sec. 45-57. Veterans.
22 (a) Set-aside goal. It is the goal of the State to promote
23and encourage the continued economic development of small
24businesses owned and controlled by qualified veterans and that
25qualified service-disabled veteran-owned small businesses

SB0008 Engrossed- 89 -LRB100 06368 MLM 16407 b
1(referred to as SDVOSB) and veteran-owned small businesses
2(referred to as VOSB) participate in the State's procurement
3process as both prime contractors and subcontractors. Not less
4than 3% of the total dollar amount of State contracts, as
5defined by the Director of Central Management Services, shall
6be established as a goal to be awarded to SDVOSB and VOSB. That
7portion of a contract under which the contractor subcontracts
8with a SDVOSB or VOSB may be counted toward the goal of this
9subsection. The Department of Central Management Services
10shall adopt rules to implement compliance with this subsection
11by all State agencies.
12 (b) Fiscal year reports. By each November September 1, each
13chief procurement officer shall report to the Department of
14Central Management Services on all of the following for the
15immediately preceding fiscal year, and by each March 1 the
16Department of Central Management Services shall compile and
17report that information to the General Assembly:
18 (1) The total number of VOSB, and the number of SDVOSB,
19 who submitted bids for contracts under this Code.
20 (2) The total number of VOSB, and the number of SDVOSB,
21 who entered into contracts with the State under this Code
22 and the total value of those contracts.
23 (c) Yearly review and recommendations. Each year, each
24chief procurement officer shall review the progress of all
25State agencies under its jurisdiction in meeting the goal
26described in subsection (a), with input from statewide

SB0008 Engrossed- 90 -LRB100 06368 MLM 16407 b
1veterans' service organizations and from the business
2community, including businesses owned by qualified veterans,
3and shall make recommendations to be included in the Department
4of Central Management Services' report to the General Assembly
5regarding continuation, increases, or decreases of the
6percentage goal. The recommendations shall be based upon the
7number of businesses that are owned by qualified veterans and
8on the continued need to encourage and promote businesses owned
9by qualified veterans.
10 (d) Governor's recommendations. To assist the State in
11reaching the goal described in subsection (a), the Governor
12shall recommend to the General Assembly changes in programs to
13assist businesses owned by qualified veterans.
14 (e) Definitions. As used in this Section:
15 "Armed forces of the United States" means the United States
16Army, Navy, Air Force, Marine Corps, Coast Guard, or service in
17active duty as defined under 38 U.S.C. Section 101. Service in
18the Merchant Marine that constitutes active duty under Section
19401 of federal Public Act 95-202 shall also be considered
20service in the armed forces for purposes of this Section.
21 "Certification" means a determination made by the Illinois
22Department of Veterans' Affairs and the Department of Central
23Management Services that a business entity is a qualified
24service-disabled veteran-owned small business or a qualified
25veteran-owned small business for whatever purpose. A SDVOSB or
26VOSB owned and controlled by females, minorities, or persons

SB0008 Engrossed- 91 -LRB100 06368 MLM 16407 b
1with disabilities, as those terms are defined in Section 2 of
2the Business Enterprise for Minorities, Females, and Persons
3with Disabilities Act, may also select and designate whether
4that business is to be certified as a "female-owned business",
5"minority-owned business", or "business owned by a person with
6a disability", as defined in Section 2 of the Business
7Enterprise for Minorities, Females, and Persons with
8Disabilities Act.
9 "Control" means the exclusive, ultimate, majority, or sole
10control of the business, including but not limited to capital
11investment and all other financial matters, property,
12acquisitions, contract negotiations, legal matters,
13officer-director-employee selection and comprehensive hiring,
14operation responsibilities, cost-control matters, income and
15dividend matters, financial transactions, and rights of other
16shareholders or joint partners. Control shall be real,
17substantial, and continuing, not pro forma. Control shall
18include the power to direct or cause the direction of the
19management and policies of the business and to make the
20day-to-day as well as major decisions in matters of policy,
21management, and operations. Control shall be exemplified by
22possessing the requisite knowledge and expertise to run the
23particular business, and control shall not include simple
24majority or absentee ownership.
25 "Qualified service-disabled veteran" means a veteran who
26has been found to have 10% or more service-connected disability

SB0008 Engrossed- 92 -LRB100 06368 MLM 16407 b
1by the United States Department of Veterans Affairs or the
2United States Department of Defense.
3 "Qualified service-disabled veteran-owned small business"
4or "SDVOSB" means a small business (i) that is at least 51%
5owned by one or more qualified service-disabled veterans living
6in Illinois or, in the case of a corporation, at least 51% of
7the stock of which is owned by one or more qualified
8service-disabled veterans living in Illinois; (ii) that has its
9home office in Illinois; and (iii) for which items (i) and (ii)
10are factually verified annually by the Department of Central
11Management Services.
12 "Qualified veteran-owned small business" or "VOSB" means a
13small business (i) that is at least 51% owned by one or more
14qualified veterans living in Illinois or, in the case of a
15corporation, at least 51% of the stock of which is owned by one
16or more qualified veterans living in Illinois; (ii) that has
17its home office in Illinois; and (iii) for which items (i) and
18(ii) are factually verified annually by the Department of
19Central Management Services.
20 "Service-connected disability" means a disability incurred
21in the line of duty in the active military, naval, or air
22service as described in 38 U.S.C. 101(16).
23 "Small business" means a business that has annual gross
24sales of less than $75,000,000 as evidenced by the federal
25income tax return of the business. A firm with gross sales in
26excess of this cap may apply to the Department of Central

SB0008 Engrossed- 93 -LRB100 06368 MLM 16407 b
1Management Services for certification for a particular
2contract if the firm can demonstrate that the contract would
3have significant impact on SDVOSB or VOSB as suppliers or
4subcontractors or in employment of veterans or
5service-disabled veterans.
6 "State agency" has the meaning provided in Section 1-15.100
7of this Code. same meaning as in Section 2 of the Business
8Enterprise for Minorities, Females, and Persons with
9Disabilities Act.
10 "Time of hostilities with a foreign country" means any
11period of time in the past, present, or future during which a
12declaration of war by the United States Congress has been or is
13in effect or during which an emergency condition has been or is
14in effect that is recognized by the issuance of a Presidential
15proclamation or a Presidential executive order and in which the
16armed forces expeditionary medal or other campaign service
17medals are awarded according to Presidential executive order.
18 "Veteran" means a person who (i) has been a member of the
19armed forces of the United States or, while a citizen of the
20United States, was a member of the armed forces of allies of
21the United States in time of hostilities with a foreign country
22and (ii) has served under one or more of the following
23conditions: (a) the veteran served a total of at least 6
24months; (b) the veteran served for the duration of hostilities
25regardless of the length of the engagement; (c) the veteran was
26discharged on the basis of hardship; or (d) the veteran was

SB0008 Engrossed- 94 -LRB100 06368 MLM 16407 b
1released from active duty because of a service connected
2disability and was discharged under honorable conditions.
3 (f) Certification program. The Illinois Department of
4Veterans' Affairs and the Department of Central Management
5Services shall work together to devise a certification
6procedure to assure that businesses taking advantage of this
7Section are legitimately classified as qualified
8service-disabled veteran-owned small businesses or qualified
9veteran-owned small businesses.
10 (g) Penalties.
11 (1) Administrative penalties. The chief procurement
12 officers appointed pursuant to Section 10-20 shall suspend
13 any person who commits a violation of Section 17-10.3 or
14 subsection (d) of Section 33E-6 of the Criminal Code of
15 2012 relating to this Section from bidding on, or
16 participating as a contractor, subcontractor, or supplier
17 in, any State contract or project for a period of not less
18 than 3 years, and, if the person is certified as a
19 service-disabled veteran-owned small business or a
20 veteran-owned small business, then the Department shall
21 revoke the business's certification for a period of not
22 less than 3 years. An additional or subsequent violation
23 shall extend the periods of suspension and revocation for a
24 period of not less than 5 years. The suspension and
25 revocation shall apply to the principals of the business
26 and any subsequent business formed or financed by, or

SB0008 Engrossed- 95 -LRB100 06368 MLM 16407 b
1 affiliated with, those principals.
2 (2) Reports of violations. Each State agency shall
3 report any alleged violation of Section 17-10.3 or
4 subsection (d) of Section 33E-6 of the Criminal Code of
5 2012 relating to this Section to the chief procurement
6 officers appointed pursuant to Section 10-20. The chief
7 procurement officers appointed pursuant to Section 10-20
8 shall subsequently report all such alleged violations to
9 the Attorney General, who shall determine whether to bring
10 a civil action against any person for the violation.
11 (3) List of suspended persons. The chief procurement
12 officers appointed pursuant to Section 10-20 shall monitor
13 the status of all reported violations of Section 17-10.3 or
14 subsection (d) of Section 33E-6 of the Criminal Code of
15 1961 or the Criminal Code of 2012 relating to this Section
16 and shall maintain and make available to all State agencies
17 a central listing of all persons that committed violations
18 resulting in suspension.
19 (4) Use of suspended persons. During the period of a
20 person's suspension under paragraph (1) of this
21 subsection, a State agency shall not enter into any
22 contract with that person or with any contractor using the
23 services of that person as a subcontractor.
24 (5) Duty to check list. Each State agency shall check
25 the central listing provided by the chief procurement
26 officers appointed pursuant to Section 10-20 under

SB0008 Engrossed- 96 -LRB100 06368 MLM 16407 b
1 paragraph (3) of this subsection to verify that a person
2 being awarded a contract by that State agency, or to be
3 used as a subcontractor or supplier on a contract being
4 awarded by that State agency, is not under suspension
5 pursuant to paragraph (1) of this subsection.
6(Source: P.A. 97-260, eff. 8-5-11; 97-1150, eff. 1-25-13;
798-307, eff. 8-12-13; 98-1076, eff. 1-1-15.)
8 (30 ILCS 500/50-2)
9 Sec. 50-2. Continuing disclosure; false certification.
10Every person that has entered into a multi-year contract and
11every subcontractor with a multi-year subcontract shall
12certify, by January July 1 of each fiscal year covered by the
13contract after the initial fiscal year, to the responsible
14chief procurement officer whether it continues to satisfy the
15requirements of this Article pertaining to eligibility for a
16contract award. If a contractor or subcontractor is not able to
17truthfully certify that it continues to meet all requirements,
18it shall provide with its certification a detailed explanation
19of the circumstances leading to the change in certification
20status. A contractor or subcontractor that makes a false
21statement material to any given certification required under
22this Article is, in addition to any other penalties or
23consequences prescribed by law, subject to liability under the
24Illinois False Claims Act for submission of a false claim.
25(Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793

SB0008 Engrossed- 97 -LRB100 06368 MLM 16407 b
1for the effective date of P.A. 96-795); 96-1304, eff. 7-27-10.)
2 (30 ILCS 500/50-10)
3 Sec. 50-10. Felons.
4 (a) Unless otherwise provided, no person or business
5convicted of a felony shall do business with the State of
6Illinois or any State agency, or enter into a subcontract, from
7the date of conviction until 5 years after the date of
8completion of the sentence for that felony, unless no person
9held responsible by a prosecutorial office for the facts upon
10which the conviction was based continues to have any
11involvement with the business. For purposes of this subsection
12(a), "completion of sentence" means completion of all
13sentencing related to the felony conviction or admission and
14includes, but is not limited to, the following: incarceration,
15mandatory supervised release, probation, work release, house
16arrest, or commitment to a mental facility.
17 (b) Every bid or offer submitted to the State, every
18contract executed by the State, every subcontract subject to
19Section 20-120 of this Code, and every vendor's submission to a
20vendor portal shall contain a certification by the bidder,
21offeror, potential contractor, contractor, or subcontractor,
22respectively, that the bidder, offeror, potential contractor,
23contractor, or subcontractor is not barred from being awarded a
24contract or subcontract under this Section and acknowledges
25that the chief procurement officer may declare the related

SB0008 Engrossed- 98 -LRB100 06368 MLM 16407 b
1contract void if any of the certifications required by this
2Section are false. If the false certification is made by a
3subcontractor, then the contractor's submitted bid or offer and
4the executed contract may not be declared void, unless the
5contractor refuses to terminate the subcontract upon the
6State's request after a finding that the subcontract's
7certification was false.
8(Source: P.A. 97-895, eff. 8-3-12; 98-1076, eff. 1-1-15.)
9 (30 ILCS 500/50-10.5)
10 Sec. 50-10.5. Prohibited bidders, offerors, potential
11contractors, and contractors.
12 (a) Unless otherwise provided, no business shall bid,
13offer, enter into a contract or subcontract under this Code, or
14make a submission to a vendor portal if the business or any
15officer, director, partner, or other managerial agent of the
16business has been convicted of a felony under the
17Sarbanes-Oxley Act of 2002 or a Class 3 or Class 2 felony under
18the Illinois Securities Law of 1953 for a period of 5 years
19from the date of conviction.
20 (b) Every bid and offer submitted to the State, every
21contract executed by the State, every vendor's submission to a
22vendor portal, and every subcontract subject to Section 20-120
23of this Code shall contain a certification by the bidder,
24offeror, potential contractor, contractor, or subcontractor,
25respectively, that the bidder, offeror, potential contractor,

SB0008 Engrossed- 99 -LRB100 06368 MLM 16407 b
1contractor, or subcontractor is not barred from being awarded a
2contract or subcontract under this Section and acknowledges
3that the chief procurement officer shall declare the related
4contract void if any of the certifications completed pursuant
5to this subsection (b) are false. If the false certification is
6made by a subcontractor, then the contractor's submitted bid or
7offer and the executed contract may not be declared void,
8unless the contractor refuses to terminate the subcontract upon
9the State's request after a finding that the subcontract's
10certification was false.
11 (c) If a business is not a natural person, the prohibition
12in subsection (a) applies only if:
13 (1) the business itself is convicted of a felony
14 referenced in subsection (a); or
15 (2) the business is ordered to pay punitive damages
16 based on the conduct of any officer, director, partner, or
17 other managerial agent who has been convicted of a felony
18 referenced in subsection (a).
19 (d) A natural person who is convicted of a felony
20referenced in subsection (a) remains subject to Section 50-10.
21 (e) No person or business shall bid, offer, make a
22submission to a vendor portal, or enter into a contract under
23this Code if the person or business assisted an employee of the
24State of Illinois, who, by the nature of his or her duties, has
25the authority to participate personally and substantially in
26the decision to award a State contract, by reviewing, drafting,

SB0008 Engrossed- 100 -LRB100 06368 MLM 16407 b
1directing, or preparing any invitation for bids, a request for
2proposal, or request for information or provided similar
3assistance except as part of a publicly issued opportunity to
4review drafts of all or part of these documents.
5 This subsection does not prohibit a person or business from
6submitting a bid or offer or entering into a contract if the
7person or business: (i) initiates a communication with an
8employee to provide general information about products,
9services, or industry best practices, and, if applicable, that
10communication is documented in accordance with Section 50-39 or
11(ii) responds to a communication initiated by an employee of
12the State for the purposes of providing information to evaluate
13new products, trends, services, or technologies, or (iii) asks
14for clarification regarding a contract solicitation so long as
15there is no competitive advantage to the person or business and
16the question and answer, if material, are posted to the
17Illinois Procurement Bulletin as an addendum to the contract
18solicitation.
19 Nothing in this Section prohibits a vendor developing
20technology, goods, or services from bidding or offering to
21supply that technology or those goods or services if the
22subject demonstrated to the State represents industry trends
23and innovation and is not specifically designed to meet the
24State's needs.
25 Nothing in this Section prohibits a person performing
26construction related services from initiating contact with a

SB0008 Engrossed- 101 -LRB100 06368 MLM 16407 b
1business that performs construction for the purpose of
2obtaining market costs or production time to determine the
3estimated costs to complete the construction project.
4 For purposes of this subsection (e), "business" includes
5all individuals with whom a business is affiliated, including,
6but not limited to, any officer, agent, employee, consultant,
7independent contractor, director, partner, or manager of a
8business.
9 No person or business shall submit specifications to a
10State agency unless requested to do so by an employee of the
11State. No person or business who contracts with a State agency
12to write specifications for a particular procurement need shall
13submit a bid or proposal or receive a contract for that
14procurement need.
15(Source: P.A. 97-895, eff. 8-3-12; 98-1076, eff. 1-1-15.)
16 (30 ILCS 500/50-40)
17 Sec. 50-40. Reporting and anticompetitive practices. When,
18for any reason, any vendor, bidder, offeror, potential
19contractor, contractor, chief procurement officer, State
20purchasing officer, designee, elected official, or State
21employee suspects collusion or other anticompetitive practice
22among any bidders, offerors, potential contractors,
23contractors, or employees of the State, a notice of the
24relevant facts shall be transmitted to the appropriate
25Inspector General, the Attorney General and the chief

SB0008 Engrossed- 102 -LRB100 06368 MLM 16407 b
1procurement officer. The reporting requirements shall be
2conveyed through ethics training under the State Officials and
3Employees Ethics Act. An employee who knowingly and
4intentionally violates this Section shall be subject to
5suspension or discharge.
6(Source: P.A. 98-1076, eff. 1-1-15.)
7 (30 ILCS 500/50-45)
8 Sec. 50-45. Confidentiality. Any chief procurement
9officer, State purchasing officer, designee, or executive
10officer, or State employee who willfully uses or allows the use
11of specifications, competitive solicitation documents,
12proprietary competitive information, contracts, or selection
13information to compromise the fairness or integrity of the
14procurement or contract process shall be subject to immediate
15dismissal, regardless of the Personnel Code, any contract, or
16any collective bargaining agreement, and may in addition be
17subject to criminal prosecution.
18(Source: P.A. 98-1076, eff. 1-1-15.)
19 (30 ILCS 500/50-39 rep.)
20 Section 15. The Illinois Procurement Code is amended by
21repealing Section 50-39.
22 Section 20. The Small Business Contracts Act is amended by
23changing Sections 10 and 20 as follows:

SB0008 Engrossed- 103 -LRB100 06368 MLM 16407 b
1 (30 ILCS 503/10)
2 Sec. 10. Award of State contracts.
3 (a) Not less than 10% of the total dollar amount of State
4contracts shall be established as a goal to be awarded as a
5contract or subcontract to small businesses.
6 (b) The percentage in subsection (a) relates to the total
7dollar amount of State contracts during each State fiscal year,
8calculated by examining independently each type of contract for
9each State official or agency which lets such contracts.
10(Source: P.A. 97-307, eff. 8-11-11.)
11 (30 ILCS 503/20)
12 Sec. 20. Annual report. Each chief procurement officer
13shall file no later than November March 1 of each year, an
14annual report that shall detail the level of achievement toward
15the goals specified in this Act over the 3 most recent fiscal
16years. The annual report shall include, but need not be limited
17to, the following:
18 (1) a summary detailing State appropriations subject
19 to the goals, the actual goals specified, and the goals
20 attained by each State official or agency;
21 (2) a summary of the number of contracts awarded and
22 the average contract amount by each State official or
23 agency; and
24 (3) an analysis of the level of overall goal

SB0008 Engrossed- 104 -LRB100 06368 MLM 16407 b
1 achievement concerning purchases from small businesses.
2(Source: P.A. 97-307, eff. 8-11-11.)
3 Section 25. The Governmental Joint Purchasing Act is
4amended by changing Section 2 as follows:
5 (30 ILCS 525/2) (from Ch. 85, par. 1602)
6 Sec. 2. Joint purchasing authority.
7 (a) Any governmental unit may purchase personal property,
8supplies and services jointly with one or more other
9governmental units. All such joint purchases shall be by
10competitive solicitation as provided in Section 4 of this Act.
11The provisions of any other acts under which a governmental
12unit operates which refer to purchases and procedures in
13connection therewith shall be superseded by the provisions of
14this Act when the governmental units are exercising the joint
15powers created by this Act.
16 (a-5) A chief procurement officer established in Section
1710-20 of the Illinois Procurement Code may authorize the
18purchase of personal property, supplies, and services jointly
19with a governmental entity of this or another state or with a
20consortium of governmental entities of one or more other
21states. Subject to provisions of the joint purchasing
22solicitation, the appropriate chief procurement officer may
23designate the resulting contract as available to governmental
24units in Illinois. The chief procurement officers shall submit

SB0008 Engrossed- 105 -LRB100 06368 MLM 16407 b
1to the General Assembly by November 1 of each year a report of
2procurements made under this subsection (a-5).
3 (a-10) Each chief procurement officer appointed pursuant
4to Section 10-20 of the Illinois Procurement Code may authorize
5the purchase or lease of personal property, supplies, and
6services which have been procured through a competitive process
7by a federal agency, a consortium of governmental, educational,
8medical, research, or similar entities, or group purchasing
9organizations of which the chief procurement officer or State
10agency is a member or affiliate, including, without limitation,
11any purchasing entity operating under the federal General
12Service Administration, and the Higher Education Cooperation
13Act. A chief procurement office may authorize purchases and
14contracts established by other means if the chief procurement
15officer determines it is in the best interests of the State.
16Each chief procurement officer may establish detailed rules and
17policies and procedures for use of these cooperative
18solicitations and contracts, including, without limitation,
19that the State agency make a determination that the award or
20contract is in the best interest of the State and that the
21contract include provisions required by Illinois law. Notice of
22awards or contracts shall be published by the chief procurement
23officer in the Illinois Procurement Bulletin at least 14 days
24prior to use of the award or contract. Each chief procurement
25officer shall submit to the General Assembly by November 1 of
26each year a report of procurements made under this subsection

SB0008 Engrossed- 106 -LRB100 06368 MLM 16407 b
1(a-10).
2 (a-15) A public institution of higher education may enter
3directly into agreements under the cost savings program
4authorized pursuant to the Midwest Higher Education
5Cooperation Act, when the institution makes a determination
6that it is in the best interests of the institution and the
7State based on estimated cost savings or otherwise, for the
8procurement of (i) computer and technology related products,
9equipment, or services and (ii) insurance. These procurements
10under this subsection (a-15) shall not be governed by any other
11provisions of this Act. Any public institutions of higher
12education entering into agreements for procurement through the
13Midwest Higher Education Cooperation Act shall post notice of
14the procurements to the appropriate Illinois Procurement
15Bulletin within 14 days of execution of the agreements.
16 (b) Any not-for-profit agency that qualifies under Section
1745-35 of the Illinois Procurement Code and that either (1) acts
18pursuant to a board established by or controlled by a unit of
19local government or (2) receives grant funds from the State or
20from a unit of local government, shall be eligible to
21participate in contracts established by the State.
22(Source: P.A. 96-584, eff. 1-1-10; 97-895, eff. 8-3-12.)
23 Section 30. The Illinois Human Rights Act is amended by
24changing Section 2-101 as follows:

SB0008 Engrossed- 107 -LRB100 06368 MLM 16407 b
1 (775 ILCS 5/2-101) (from Ch. 68, par. 2-101)
2 Sec. 2-101. Definitions. The following definitions are
3applicable strictly in the context of this Article.
4 (A) Employee.
5 (1) "Employee" includes:
6 (a) Any individual performing services for
7 remuneration within this State for an employer;
8 (b) An apprentice;
9 (c) An applicant for any apprenticeship.
10 For purposes of subsection (D) of Section 2-102 of this
11 Act, "employee" also includes an unpaid intern. An unpaid
12 intern is a person who performs work for an employer under
13 the following circumstances:
14 (i) the employer is not committed to hiring the
15 person performing the work at the conclusion of the
16 intern's tenure;
17 (ii) the employer and the person performing the
18 work agree that the person is not entitled to wages for
19 the work performed; and
20 (iii) the work performed:
21 (I) supplements training given in an
22 educational environment that may enhance the
23 employability of the intern;
24 (II) provides experience for the benefit of
25 the person performing the work;
26 (III) does not displace regular employees;

SB0008 Engrossed- 108 -LRB100 06368 MLM 16407 b
1 (IV) is performed under the close supervision
2 of existing staff; and
3 (V) provides no immediate advantage to the
4 employer providing the training and may
5 occasionally impede the operations of the
6 employer.
7 (2) "Employee" does not include:
8 (a) (Blank);
9 (b) Individuals employed by persons who are not
10 "employers" as defined by this Act;
11 (c) Elected public officials or the members of
12 their immediate personal staffs;
13 (d) Principal administrative officers of the State
14 or of any political subdivision, municipal corporation
15 or other governmental unit or agency;
16 (e) A person in a vocational rehabilitation
17 facility certified under federal law who has been
18 designated an evaluee, trainee, or work activity
19 client.
20 (B) Employer.
21 (1) "Employer" includes:
22 (a) Any person employing 15 or more employees
23 within Illinois during 20 or more calendar weeks within
24 the calendar year of or preceding the alleged
25 violation;
26 (b) Any person employing one or more employees when

SB0008 Engrossed- 109 -LRB100 06368 MLM 16407 b
1 a complainant alleges civil rights violation due to
2 unlawful discrimination based upon his or her physical
3 or mental disability unrelated to ability, pregnancy,
4 or sexual harassment;
5 (c) The State and any political subdivision,
6 municipal corporation or other governmental unit or
7 agency, without regard to the number of employees;
8 (d) Any party to a public contract without regard
9 to the number of employees;
10 (e) A joint apprenticeship or training committee
11 without regard to the number of employees.
12 (2) "Employer" does not include any religious
13 corporation, association, educational institution,
14 society, or non-profit nursing institution conducted by
15 and for those who rely upon treatment by prayer through
16 spiritual means in accordance with the tenets of a
17 recognized church or religious denomination with respect
18 to the employment of individuals of a particular religion
19 to perform work connected with the carrying on by such
20 corporation, association, educational institution, society
21 or non-profit nursing institution of its activities.
22 (C) Employment Agency. "Employment Agency" includes both
23public and private employment agencies and any person, labor
24organization, or labor union having a hiring hall or hiring
25office regularly undertaking, with or without compensation, to
26procure opportunities to work, or to procure, recruit, refer or

SB0008 Engrossed- 110 -LRB100 06368 MLM 16407 b
1place employees.
2 (D) Labor Organization. "Labor Organization" includes any
3organization, labor union, craft union, or any voluntary
4unincorporated association designed to further the cause of the
5rights of union labor which is constituted for the purpose, in
6whole or in part, of collective bargaining or of dealing with
7employers concerning grievances, terms or conditions of
8employment, or apprenticeships or applications for
9apprenticeships, or of other mutual aid or protection in
10connection with employment, including apprenticeships or
11applications for apprenticeships.
12 (E) Sexual Harassment. "Sexual harassment" means any
13unwelcome sexual advances or requests for sexual favors or any
14conduct of a sexual nature when (1) submission to such conduct
15is made either explicitly or implicitly a term or condition of
16an individual's employment, (2) submission to or rejection of
17such conduct by an individual is used as the basis for
18employment decisions affecting such individual, or (3) such
19conduct has the purpose or effect of substantially interfering
20with an individual's work performance or creating an
21intimidating, hostile or offensive working environment.
22 (F) Religion. "Religion" with respect to employers
23includes all aspects of religious observance and practice, as
24well as belief, unless an employer demonstrates that he is
25unable to reasonably accommodate an employee's or prospective
26employee's religious observance or practice without undue

SB0008 Engrossed- 111 -LRB100 06368 MLM 16407 b
1hardship on the conduct of the employer's business.
2 (G) Public Employer. "Public employer" means the State, an
3agency or department thereof, unit of local government, school
4district, instrumentality or political subdivision.
5 (H) Public Employee. "Public employee" means an employee of
6the State, agency or department thereof, unit of local
7government, school district, instrumentality or political
8subdivision. "Public employee" does not include public
9officers or employees of the General Assembly or agencies
10thereof.
11 (I) Public Officer. "Public officer" means a person who is
12elected to office pursuant to the Constitution or a statute or
13ordinance, or who is appointed to an office which is
14established, and the qualifications and duties of which are
15prescribed, by the Constitution or a statute or ordinance, to
16discharge a public duty for the State, agency or department
17thereof, unit of local government, school district,
18instrumentality or political subdivision.
19 (J) Eligible Bidder. "Eligible bidder" means a person who,
20prior to contract award or prior to bid opening for State
21contracts for construction or construction-related services a
22bid opening, has filed with the Department a properly
23completed, sworn and currently valid employer report form,
24pursuant to the Department's regulations. The provisions of
25this Article relating to eligible bidders apply only to bids on
26contracts with the State and its departments, agencies, boards,

SB0008 Engrossed- 112 -LRB100 06368 MLM 16407 b
1and commissions, and the provisions do not apply to bids on
2contracts with units of local government or school districts.
3 (K) Citizenship Status. "Citizenship status" means the
4status of being:
5 (1) a born U.S. citizen;
6 (2) a naturalized U.S. citizen;
7 (3) a U.S. national; or
8 (4) a person born outside the United States and not a
9 U.S. citizen who is not an unauthorized alien and who is
10 protected from discrimination under the provisions of
11 Section 1324b of Title 8 of the United States Code, as now
12 or hereafter amended.
13(Source: P.A. 98-1037, eff. 1-1-15; 98-1050, eff. 1-1-15;
1499-78, eff. 7-20-15; 99-758, eff. 1-1-17.)
15 Section 95. No acceleration or delay. Where this Act makes
16changes in a statute that is represented in this Act by text
17that is not yet or no longer in effect (for example, a Section
18represented by multiple versions), the use of that text does
19not accelerate or delay the taking effect of (i) the changes
20made by this Act or (ii) provisions derived from any other
21Public Act.
22 Section 99. Effective date. This Act takes effect July 1,
232017.

SB0008 Engrossed- 113 -LRB100 06368 MLM 16407 b
1 INDEX
2 Statutes amended in order of appearance
3 5 ILCS 430/20-5
4 30 ILCS 500/1-10
5 30 ILCS 500/1-12
6 30 ILCS 500/1-12.1 new
7 30 ILCS 500/1-13
8 30 ILCS 500/1-13.1 new
9 30 ILCS 500/1-15.20
10 30 ILCS 500/1-15.47 new
11 30 ILCS 500/1-15.48 new
12 30 ILCS 500/5-5
13 30 ILCS 500/5-30
14 30 ILCS 500/10-10
15 30 ILCS 500/10-15
16 30 ILCS 500/15-25
17 30 ILCS 500/20-10
18 30 ILCS 500/20-15
19 30 ILCS 500/20-20
20 30 ILCS 500/20-25
21 30 ILCS 500/20-30
22 30 ILCS 500/20-43
23 30 ILCS 500/20-155
24 30 ILCS 500/20-160
25 30 ILCS 500/20-170 new

SB0008 Engrossed- 114 -LRB100 06368 MLM 16407 b