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


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: Slight Partisan Bill (Republican 35-13)

Status: (Enrolled) 2017-06-29 - Sent to the Governor [SB0008 Detail]

Download: Illinois-2017-SB0008-Enrolled.html



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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 Sections 5-10 and 20-5 as follows:
6 (5 ILCS 430/5-10)
7 Sec. 5-10. Ethics training.
8 (a) Each officer, member, and employee must complete, at
9least annually beginning in 2004, an ethics training program
10conducted by the appropriate State agency. Each ultimate
11jurisdictional authority must implement an ethics training
12program for its officers, members, and employees. These ethics
13training programs shall be overseen by the appropriate Ethics
14Commission and Inspector General appointed pursuant to this Act
15in consultation with the Office of the Attorney General.
16 (b) Each ultimate jurisdictional authority subject to the
17Executive Ethics Commission shall submit to the Executive
18Ethics Commission, at least annually, or more frequently as
19required by that Commission, an annual report that summarizes
20ethics training that was completed during the previous year,
21and lays out the plan for the ethics training programs in the
22coming year.
23 (c) Each Inspector General shall set standards and

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1determine the hours and frequency of training necessary for
2each position or category of positions. A person who fills a
3vacancy in an elective or appointed position that requires
4training and a person employed in a position that requires
5training must complete his or her initial ethics training
6within 30 days after commencement of his or her office or
7employment.
8 (d) Upon completion of the ethics training program, each
9officer, member, and employee must certify in writing that the
10person has completed the training program. Each officer,
11member, and employee must provide to his or her ethics officer
12a signed copy of the certification by the deadline for
13completion of the ethics training program.
14 (e) The ethics training provided under this Act by the
15Secretary of State may be expanded to satisfy the requirement
16of Section 4.5 of the Lobbyist Registration Act.
17 (f) The ethics training provided under this Act by State
18agencies under the control of the Governor shall include the
19requirements and duties of State officers and employees under
20Sections 50-39, 50-40, and 50-45 of the Illinois Procurement
21Code.
22(Source: P.A. 96-555, eff. 8-18-09.)
23 (5 ILCS 430/20-5)
24 Sec. 20-5. Executive Ethics Commission.
25 (a) The Executive Ethics Commission is created.

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1 (b) The Executive Ethics Commission shall consist of 9
2commissioners. The Governor shall appoint 5 commissioners, and
3the Attorney General, Secretary of State, Comptroller, and
4Treasurer shall each appoint one commissioner. Appointments
5shall be made by and with the advice and consent of the Senate
6by three-fifths of the elected members concurring by record
7vote. Any nomination not acted upon by the Senate within 60
8session days of the receipt thereof shall be deemed to have
9received the advice and consent of the Senate. If, during a
10recess of the Senate, there is a vacancy in an office of
11commissioner, the appointing authority shall make a temporary
12appointment until the next meeting of the Senate when the
13appointing authority shall make a nomination to fill that
14office. No person rejected for an office of commissioner shall,
15except by the Senate's request, be nominated again for that
16office at the same session of the Senate or be appointed to
17that office during a recess of that Senate. No more than 5
18commissioners may be of the same political party.
19 The terms of the initial commissioners shall commence upon
20qualification. Four initial appointees of the Governor, as
21designated by the Governor, shall serve terms running through
22June 30, 2007. One initial appointee of the Governor, as
23designated by the Governor, and the initial appointees of the
24Attorney General, Secretary of State, Comptroller, and
25Treasurer shall serve terms running through June 30, 2008. The
26initial appointments shall be made within 60 days after the

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1effective date of this Act.
2 After the initial terms, commissioners shall serve for
34-year terms commencing on July 1 of the year of appointment
4and running through June 30 of the fourth following year.
5Commissioners may be reappointed to one or more subsequent
6terms.
7 Vacancies occurring other than at the end of a term shall
8be filled by the appointing authority only for the balance of
9the term of the commissioner whose office is vacant.
10 Terms shall run regardless of whether the position is
11filled.
12 (c) The appointing authorities shall appoint commissioners
13who have experience holding governmental office or employment
14and shall appoint commissioners from the general public. A
15person is not eligible to serve as a commissioner if that
16person (i) has been convicted of a felony or a crime of
17dishonesty or moral turpitude, (ii) is, or was within the
18preceding 12 months, engaged in activities that require
19registration under the Lobbyist Registration Act, (iii) is
20related to the appointing authority, or (iv) is a State officer
21or employee.
22 (d) The Executive Ethics Commission shall have
23jurisdiction over all officers and employees of State agencies
24other than the General Assembly, the Senate, the House of
25Representatives, the President and Minority Leader of the
26Senate, the Speaker and Minority Leader of the House of

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1Representatives, the Senate Operations Commission, the
2legislative support services agencies, and the Office of the
3Auditor General. The Executive Ethics Commission shall have
4jurisdiction over all board members and employees of Regional
5Transit Boards. The jurisdiction of the Commission is limited
6to matters arising under this Act, except as provided in
7subsection (d-5).
8 A member or legislative branch State employee serving on an
9executive branch board or commission remains subject to the
10jurisdiction of the Legislative Ethics Commission and is not
11subject to the jurisdiction of the Executive Ethics Commission.
12 (d-5) The Executive Ethics Commission shall have
13jurisdiction over all chief procurement officers and
14procurement compliance monitors and their respective staffs.
15The Executive Ethics Commission shall have jurisdiction over
16any matters arising under the Illinois Procurement Code if the
17Commission is given explicit authority in that Code.
18 (d-6) (1) The Executive Ethics Commission shall have
19jurisdiction over the Illinois Power Agency and its staff. The
20Director of the Agency shall be appointed by a majority of the
21commissioners of the Executive Ethics Commission, subject to
22Senate confirmation, for a term of 2 years. The Director is
23removable for cause by a majority of the Commission upon a
24finding of neglect, malfeasance, absence, or incompetence.
25 (2) In case of a vacancy in the office of Director of the
26Illinois Power Agency during a recess of the Senate, the

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1Executive Ethics Commission may make a temporary appointment
2until the next meeting of the Senate, at which time the
3Executive Ethics Commission shall nominate some person to fill
4the office, and any person so nominated who is confirmed by the
5Senate shall hold office during the remainder of the term and
6until his or her successor is appointed and qualified. Nothing
7in this subsection shall prohibit the Executive Ethics
8Commission from removing a temporary appointee or from
9appointing a temporary appointee as the Director of the
10Illinois Power Agency.
11 (3) Prior to June 1, 2012, the Executive Ethics Commission
12may, until the Director of the Illinois Power Agency is
13appointed and qualified or a temporary appointment is made
14pursuant to paragraph (2) of this subsection, designate some
15person as an acting Director to execute the powers and
16discharge the duties vested by law in that Director. An acting
17Director shall serve no later than 60 calendar days, or upon
18the making of an appointment pursuant to paragraph (1) or (2)
19of this subsection, whichever is earlier. Nothing in this
20subsection shall prohibit the Executive Ethics Commission from
21removing an acting Director or from appointing an acting
22Director as the Director of the Illinois Power Agency.
23 (4) No person rejected by the Senate for the office of
24Director of the Illinois Power Agency shall, except at the
25Senate's request, be nominated again for that office at the
26same session or be appointed to that office during a recess of

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1that Senate.
2 (e) The Executive Ethics Commission must meet, either in
3person or by other technological means, at least monthly and as
4often as necessary. At the first meeting of the Executive
5Ethics Commission, the commissioners shall choose from their
6number a chairperson and other officers that they deem
7appropriate. The terms of officers shall be for 2 years
8commencing July 1 and running through June 30 of the second
9following year. Meetings shall be held at the call of the
10chairperson or any 3 commissioners. Official action by the
11Commission shall require the affirmative vote of 5
12commissioners, and a quorum shall consist of 5 commissioners.
13Commissioners shall receive compensation in an amount equal to
14the compensation of members of the State Board of Elections and
15may be reimbursed for their reasonable expenses actually
16incurred in the performance of their duties.
17 (f) No commissioner or employee of the Executive Ethics
18Commission may during his or her term of appointment or
19employment:
20 (1) become a candidate for any elective office;
21 (2) hold any other elected or appointed public office
22 except for appointments on governmental advisory boards or
23 study commissions or as otherwise expressly authorized by
24 law;
25 (3) be actively involved in the affairs of any
26 political party or political organization; or

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1 (4) advocate for the appointment of another person to
2 an appointed or elected office or position or actively
3 participate in any campaign for any elective office.
4 (g) An appointing authority may remove a commissioner only
5for cause.
6 (h) The Executive Ethics Commission shall appoint an
7Executive Director. The compensation of the Executive Director
8shall be as determined by the Commission. The Executive
9Director of the Executive Ethics Commission may employ and
10determine the compensation of staff, as appropriations permit.
11 (i) The Executive Ethics Commission shall appoint, by a
12majority of the members appointed to the Commission, chief
13procurement officers and may appoint procurement compliance
14monitors in accordance with the provisions of the Illinois
15Procurement Code. The compensation of a chief procurement
16officer and procurement compliance monitor shall be determined
17by the Commission.
18(Source: P.A. 96-555, eff. 8-18-09; 96-1528, eff. 7-1-11;
1997-618, eff. 10-26-11; 97-677, eff. 2-6-12.)
20 Section 15. The Illinois Procurement Code is amended by
21re-enacting and changing Sections 1-12 and 1-13, by changing
22Sections 1-10, 1-15.20, 5-5, 5-30, 10-10, 10-15, 15-25, 15-30,
2320-10, 20-15, 20-20, 20-25, 20-30, 20-43, 20-80, 20-160, 25-35,
2435-15, 35-30, 35-35, 40-30, 45-15, 45-30, 45-45, 45-57, 50-2,
2550-10, 50-10.5, 50-39, 50-40, 50-45, and 53-10, and by adding

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1Sections 1-15.40, 1-15.47, 1-15.48, 1-15.49, 10-30, 25-85,
230-40, 45-85, 45-90, and 50-36.5 as follows:
3 (30 ILCS 500/1-10)
4 Sec. 1-10. Application.
5 (a) This Code applies only to procurements for which
6bidders, offerors, potential contractors, or contractors were
7first solicited on or after July 1, 1998. This Code shall not
8be construed to affect or impair any contract, or any provision
9of a contract, entered into based on a solicitation prior to
10the implementation date of this Code as described in Article
1199, including but not limited to any covenant entered into with
12respect to any revenue bonds or similar instruments. All
13procurements for which contracts are solicited between the
14effective date of Articles 50 and 99 and July 1, 1998 shall be
15substantially in accordance with this Code and its intent.
16 (b) This Code shall apply regardless of the source of the
17funds with which the contracts are paid, including federal
18assistance moneys. Except as specifically provided in this
19Code, this This Code shall not apply to:
20 (1) Contracts between the State and its political
21 subdivisions or other governments, or between State
22 governmental bodies except as specifically provided in
23 this Code.
24 (2) Grants, except for the filing requirements of
25 Section 20-80.

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1 (3) Purchase of care.
2 (4) Hiring of an individual as employee and not as an
3 independent contractor, whether pursuant to an employment
4 code or policy or by contract directly with that
5 individual.
6 (5) Collective bargaining contracts.
7 (6) Purchase of real estate, except that notice of this
8 type of contract with a value of more than $25,000 must be
9 published in the Procurement Bulletin within 10 calendar
10 days after the deed is recorded in the county of
11 jurisdiction. The notice shall identify the real estate
12 purchased, the names of all parties to the contract, the
13 value of the contract, and the effective date of the
14 contract.
15 (7) Contracts necessary to prepare for anticipated
16 litigation, enforcement actions, or investigations,
17 provided that the chief legal counsel to the Governor shall
18 give his or her prior approval when the procuring agency is
19 one subject to the jurisdiction of the Governor, and
20 provided that the chief legal counsel of any other
21 procuring entity subject to this Code shall give his or her
22 prior approval when the procuring entity is not one subject
23 to the jurisdiction of the Governor.
24 (8) (Blank). Contracts for services to Northern
25 Illinois University by a person, acting as an independent
26 contractor, who is qualified by education, experience, and

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1 technical ability and is selected by negotiation for the
2 purpose of providing non-credit educational service
3 activities or products by means of specialized programs
4 offered by the university.
5 (9) Procurement expenditures by the Illinois
6 Conservation Foundation when only private funds are used.
7 (10) (Blank). Procurement expenditures by the Illinois
8 Health Information Exchange Authority involving private
9 funds from the Health Information Exchange Fund. "Private
10 funds" means gifts, donations, and private grants.
11 (11) Public-private agreements entered into according
12 to the procurement requirements of Section 20 of the
13 Public-Private Partnerships for Transportation Act and
14 design-build agreements entered into according to the
15 procurement requirements of Section 25 of the
16 Public-Private Partnerships for Transportation Act.
17 (12) Contracts for legal, financial, and other
18 professional and artistic services entered into on or
19 before December 31, 2018 by the Illinois Finance Authority
20 in which the State of Illinois is not obligated. Such
21 contracts shall be awarded through a competitive process
22 authorized by the Board of the Illinois Finance Authority
23 and are subject to Sections 5-30, 20-160, 50-13, 50-20,
24 50-35, and 50-37 of this Code, as well as the final
25 approval by the Board of the Illinois Finance Authority of
26 the terms of the contract.

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1 (13) The provisions of this paragraph (13), other than
2 this sentence, are inoperative on and after January 1, 2019
3 or 2 years after the effective date of this amendatory Act
4 of the 99th General Assembly, whichever is later. Contracts
5 for services, commodities, and equipment to support the
6 delivery of timely forensic science services in
7 consultation with and subject to the approval of the Chief
8 Procurement Officer as provided in subsection (d) of
9 Section 5-4-3a of the Unified Code of Corrections, except
10 for the requirements of Sections 20-60, 20-65, 20-70, and
11 20-160 and Article 50 of this Code; however, the Chief
12 Procurement Officer may, in writing with justification,
13 waive any certification required under Article 50 of this
14 Code. For any contracts for services which are currently
15 provided by members of a collective bargaining agreement,
16 the applicable terms of the collective bargaining
17 agreement concerning subcontracting shall be followed.
18 On and after January 1, 2019, this paragraph (13),
19 except for this sentence, is inoperative.
20 (14) Contracts for participation expenditures required
21 by a domestic or international trade show or exhibition of
22 an exhibitor, member, or sponsor.
23 (15) Contracts with a railroad or utility that requires
24 the State to reimburse the railroad or utilities for the
25 relocation of utilities for construction or other public
26 purpose. Contracts included within this paragraph (15)

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1 shall include, but not be limited to, those associated
2 with: relocations, crossings, installations, and
3 maintenance. For the purposes of this paragraph (15),
4 "railroad" means any form of non-highway ground
5 transportation that runs on rails or electromagnetic
6 guideways and "utility" means: (1) public utilities as
7 defined in Section 3-105 of the Public Utilities Act, (2)
8 telecommunications carriers as defined in Section 13-202
9 of the Public Utilities Act, (3) electric cooperatives as
10 defined in Section 3.4 of the Electric Supplier Act, (4)
11 telephone or telecommunications cooperatives as defined in
12 Section 13-212 of the Public Utilities Act, (5) rural water
13 or waste water systems with 10,000 connections or less, (6)
14 a holder as defined in Section 21-201 of the Public
15 Utilities Act, and (7) municipalities owning or operating
16 utility systems consisting of public utilities as that term
17 is defined in Section 11-117-2 of the Illinois Municipal
18 Code.
19 Notwithstanding any other provision of law, for contracts
20entered into on or after October 1, 2017 under an exemption
21provided in any paragraph item (12) of this subsection (b),
22except paragraph (1), (2), or (5), each State agency shall be
23published in the Procurement Bulletin within 14 calendar days
24after contract execution. The chief procurement officer shall
25prescribe the form and content of the notice. The Illinois
26Finance Authority shall provide the chief procurement officer,

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

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1the determination of costs of a clean coal SNG brownfield
2facility, as defined by Section 1-10 of the Illinois Power
3Agency Act, as required in subsection (h-3) of Section 9-220 of
4the Public Utilities Act, including calculating the range of
5capital costs, the range of operating and maintenance costs, or
6the sequestration costs or monitoring the construction of clean
7coal SNG brownfield facility for the full duration of
8construction.
9 (f) (Blank). This Code does not apply to the process used
10by the Illinois Power Agency to retain a mediator to mediate
11sourcing agreement disputes between gas utilities and the clean
12coal SNG brownfield facility, as defined in Section 1-10 of the
13Illinois Power Agency Act, as required under subsection (h-1)
14of Section 9-220 of the Public Utilities Act.
15 (g) (Blank). This Code does not apply to the processes used
16by the Illinois Power Agency to retain a mediator to mediate
17contract disputes between gas utilities and the clean coal SNG
18facility and to retain an expert to assist in the review of
19contracts under subsection (h) of Section 9-220 of the Public
20Utilities Act. This Code does not apply to the process used by
21the Illinois Commerce Commission to retain an expert to assist
22in determining the actual incurred costs of the clean coal SNG
23facility and the reasonableness of those costs as required
24under subsection (h) of Section 9-220 of the Public Utilities
25Act.
26 (h) This Code does not apply to the process to procure or

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1contracts entered into in accordance with Sections 11-5.2 and
211-5.3 of the Illinois Public Aid Code.
3 (i) Each chief procurement officer may access records
4necessary to review whether a contract, purchase, or other
5expenditure is or is not subject to the provisions of this
6Code, unless such records would be subject to attorney-client
7privilege.
8 (j) This Code does not apply to the process used by the
9Capital Development Board to retain an artist or work or works
10of art as required in Section 14 of the Capital Development
11Board Act.
12 (k) This Code does not apply to the process to procure
13contracts, or contracts entered into, by the State Board of
14Elections or the State Electoral Board for hearing officers
15appointed pursuant to the Election Code.
16 (l) This Code does not apply to the processes used by the
17Illinois Student Assistance Commission to procure supplies and
18services paid for from the private funds of the Illinois
19Prepaid Tuition Fund. As used in this subsection (l), "private
20funds" means funds derived from deposits paid into the Illinois
21Prepaid Tuition Trust Fund and the earnings thereon.
22(Source: P.A. 98-90, eff. 7-15-13; 98-463, eff. 8-16-13;
2398-572, eff. 1-1-14; 98-756, eff. 7-16-14; 98-1076, eff.
241-1-15; 99-801, eff. 1-1-17.)
25 (30 ILCS 500/1-12)

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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
15supplies goods and services identified in this Section. At a
16minimum, this report shall include the name of the contractor,
17a description of the supply or service provided, the total
18amount of the contract, the term of the contract, and the
19exception to the Code utilized. A copy of any or all of these
20contracts shall be made available to the chief procurement
21officer immediately upon request. The chief procurement
22officer shall submit a report to the Governor and General
23Assembly no later than November 1 of each year that shall
24include, at a minimum, an annual summary of the monthly
25information reported to the chief procurement officer.
26 (c) (Blank). This Section is repealed December 31, 2016.

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1 (d) The General Assembly finds and declares that:
2 (1) This amendatory Act of the 100th General Assembly
3 manifests the intention of the General Assembly to remove
4 the repeal of this Section.
5 (2) This Section was originally enacted to protect,
6 promote, and preserve the general welfare. Any
7 construction of this Section that results in the repeal of
8 this Section on December 31, 2016 would be inconsistent
9 with the manifest intent of the General Assembly and
10 repugnant to the context of this Code.
11 It is hereby declared to have been the intent of the
12General Assembly that this Section not be subject to repeal on
13December 31, 2016.
14 This Section shall be deemed to have been in continuous
15effect since August 3, 2012 (the effective date of Public Act
1697-895), and it shall continue to be in effect henceforward
17until it is otherwise lawfully repealed. All previously enacted
18amendments to this Section taking effect on or after December
1931, 2016, are hereby validated.
20 All actions taken in reliance on or pursuant to this
21Section in the procurement of artistic or musical services are
22hereby validated.
23 In order to ensure the continuing effectiveness of this
24Section, it is set forth in full and re-enacted by this
25amendatory Act of the 100th General Assembly. This re-enactment
26is intended as a continuation of this Section. It is not

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1intended to supersede any amendment to this Section that is
2enacted by the 100th General Assembly.
3 In this amendatory Act of the 100th General Assembly, the
4base text of this Section is set forth as amended by Public Act
598-1076. Striking and underscoring is used only to show changes
6being made to the base text.
7 This Section applies to all procurements made on or before
8the effective date of this amendatory Act of the 100th General
9Assembly.
10(Source: P.A. 97-895, eff. 8-3-12; 98-1076, eff. 1-1-15.)
11 (30 ILCS 500/1-13)
12 Sec. 1-13. Applicability to public institutions of higher
13education.
14 (a) This Code shall apply to public institutions of higher
15education, regardless of the source of the funds with which
16contracts are paid, except as provided in this Section.
17 (b) Except as provided in this Section, this Code shall not
18apply to procurements made by or on behalf of public
19institutions of higher education for any of the following:
20 (1) Memberships in professional, academic, research,
21 or athletic organizations on behalf of a public institution
22 of higher education, an employee of a public institution of
23 higher education, or a student at a public institution of
24 higher education.
25 (2) Procurement expenditures for events or activities

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

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1 grants and contracts funded by the sponsor or by sources
2 other than State appropriations.
3 (9) Contracts with a foreign entity for research or
4 educational activities, provided that the foreign entity
5 either does not maintain an office in the United States or
6 is the sole source of the service or product.
7Notice of each contract entered into by a public institution of
8higher education that is related to the procurement of goods
9and services identified in items (1) through (9) (7) of this
10subsection shall be published in the Procurement Bulletin
11within 14 calendar days after contract execution. The Chief
12Procurement Officer shall prescribe the form and content of the
13notice. Each public institution of higher education shall
14provide the Chief Procurement Officer, on a monthly basis, in
15the form and content prescribed by the Chief Procurement
16Officer, a report of contracts that are related to the
17procurement of goods and services identified in this
18subsection. At a minimum, this report shall include the name of
19the contractor, a description of the supply or service
20provided, the total amount of the contract, the term of the
21contract, and the exception to the Code utilized. A copy of any
22or all of these contracts shall be made available to the Chief
23Procurement Officer immediately upon request. The Chief
24Procurement Officer shall submit a report to the Governor and
25General Assembly no later than November 1 of each year that
26shall include, at a minimum, an annual summary of the monthly

SB0008 Enrolled- 22 -LRB100 06368 MLM 16407 b
1information reported to the Chief Procurement Officer.
2 (b-5) Except as provided in this subsection, the provisions
3of this Code shall not apply to contracts for medical
4FDA-regulated supplies, and to contracts for medical services
5necessary for the delivery of care and treatment at medical,
6dental, or veterinary teaching facilities utilized by Southern
7Illinois University or the University of Illinois and at any
8university-operated health care center or dispensary that
9provides care, treatment, and medications for students,
10faculty and staff. Other supplies and services needed for these
11teaching facilities shall be subject to the jurisdiction of the
12Chief Procurement Officer for Public Institutions of Higher
13Education who may establish expedited procurement procedures
14and may waive or modify certification, contract, hearing,
15process and registration requirements required by the Code. All
16procurements made under this subsection shall be documented and
17may require publication in the Illinois Procurement Bulletin.
18 (c) Procurements made by or on behalf of public
19institutions of higher education for the fulfillment of a grant
20shall be made in accordance with the requirements of this Code
21to the extent practical. any of the following shall be made in
22accordance with the requirements of this Code to the extent
23practical as provided in this subsection:
24 (1) Contracts with a foreign entity necessary for
25 research or educational activities, provided that the
26 foreign entity either does not maintain an office in the

SB0008 Enrolled- 23 -LRB100 06368 MLM 16407 b
1 United States or is the sole source of the service or
2 product.
3 (2) (Blank).
4 (3) (Blank).
5 (4) Procurements required for fulfillment of a grant.
6 Upon the written request of a public institution of higher
7education, the Chief Procurement Officer may waive contract,
8registration, certification, and hearing requirements of this
9Code if, based on the item to be procured or the terms of a
10grant, compliance is impractical. The public institution of
11higher education shall provide the Chief Procurement Officer
12with specific reasons for the waiver, including the necessity
13of contracting with a particular potential contractor, and
14shall certify that an effort was made in good faith to comply
15with the provisions of this Code. The Chief Procurement Officer
16shall provide written justification for any waivers. By
17November 1 of each year, the Chief Procurement Officer shall
18file a report with the General Assembly identifying each
19contract approved with waivers and providing the justification
20given for any waivers for each of those contracts. Notice of
21each waiver made under this subsection shall be published in
22the Procurement Bulletin within 14 calendar days after contract
23execution. The Chief Procurement Officer shall prescribe the
24form and content of the notice.
25 (d) Notwithstanding this Section, a waiver of the
26registration requirements of Section 20-160 does not permit a

SB0008 Enrolled- 24 -LRB100 06368 MLM 16407 b
1business entity and any affiliated entities or affiliated
2persons to make campaign contributions if otherwise prohibited
3by Section 50-37. The total amount of contracts awarded in
4accordance with this Section shall be included in determining
5the aggregate amount of contracts or pending bids of a business
6entity and any affiliated entities or affiliated persons.
7 (e) Notwithstanding subsection (e) of Section 50-10.5 of
8this Code, the Chief Procurement Officer, with the approval of
9the Executive Ethics Commission, may permit a public
10institution of higher education to accept a bid or enter into a
11contract with a business that assisted the public institution
12of higher education in determining whether there is a need for
13a contract or assisted in reviewing, drafting, or preparing
14documents related to a bid or contract, provided that the bid
15or contract is essential to research administered by the public
16institution of higher education and it is in the best interest
17of the public institution of higher education to accept the bid
18or contract. For purposes of this subsection, "business"
19includes all individuals with whom a business is affiliated,
20including, but not limited to, any officer, agent, employee,
21consultant, independent contractor, director, partner,
22manager, or shareholder of a business. The Executive Ethics
23Commission may promulgate rules and regulations for the
24implementation and administration of the provisions of this
25subsection (e).
26 (f) As used in this Section:

SB0008 Enrolled- 25 -LRB100 06368 MLM 16407 b
1 "Grant" means non-appropriated funding provided by a
2federal or private entity to support a project or program
3administered by a public institution of higher education and
4any non-appropriated funding provided to a sub-recipient of the
5grant.
6 "Public institution of higher education" means Chicago
7State University, Eastern Illinois University, Governors State
8University, Illinois State University, Northeastern Illinois
9University, Northern Illinois University, Southern Illinois
10University, University of Illinois, Western Illinois
11University, and, for purposes of this Code only, the Illinois
12Mathematics and Science Academy.
13 (g) (Blank). This Section is repealed on December 31, 2016.
14 (h) The General Assembly finds and declares that:
15 (1) Public Act 98-1076, which took effect on January 1,
16 2015, changed the repeal date set for this Section from
17 December 31, 2014 to December 31, 2016.
18 (2) The Statute on Statutes sets forth general rules on
19 the repeal of statutes and the construction of multiple
20 amendments, but Section 1 of that Act also states that
21 these rules will not be observed when the result would be
22 "inconsistent with the manifest intent of the General
23 Assembly or repugnant to the context of the statute".
24 (3) This amendatory Act of the 100th General Assembly
25 manifests the intention of the General Assembly to remove
26 the repeal of this Section.

SB0008 Enrolled- 26 -LRB100 06368 MLM 16407 b
1 (4) This Section was originally enacted to protect,
2 promote, and preserve the general welfare. Any
3 construction of this Section that results in the repeal of
4 this Section on December 31, 2014 would be inconsistent
5 with the manifest intent of the General Assembly and
6 repugnant to the context of this Code.
7 It is hereby declared to have been the intent of the
8General Assembly that this Section not be subject to repeal on
9December 31, 2014.
10 This Section shall be deemed to have been in continuous
11effect since December 20, 2011 (the effective date of Public
12Act 97-643), and it shall continue to be in effect henceforward
13until it is otherwise lawfully repealed. All previously enacted
14amendments to this Section taking effect on or after December
1531, 2014, are hereby validated.
16 All actions taken in reliance on or pursuant to this
17Section by any public institution of higher education, person,
18or entity are hereby validated.
19 In order to ensure the continuing effectiveness of this
20Section, it is set forth in full and re-enacted by this
21amendatory Act of the 100th General Assembly. This re-enactment
22is intended as a continuation of this Section. It is not
23intended to supersede any amendment to this Section that is
24enacted by the 100th General Assembly.
25 In this amendatory Act of the 100th General Assembly, the
26base text of the reenacted Section is set forth as amended by

SB0008 Enrolled- 27 -LRB100 06368 MLM 16407 b
1Public Act 98-1076. Striking and underscoring is used only to
2show changes being made to the base text.
3 This Section applies to all procurements made on or before
4the effective date of this amendatory Act of the 100th General
5Assembly.
6(Source: P.A. 97-643, eff. 12-20-11; 97-895, eff. 8-3-12;
798-1076, eff. 1-1-15.)
8 (30 ILCS 500/1-15.20)
9 Sec. 1-15.20. Construction, and construction-related, and
10construction support services. "Construction" means building,
11altering, repairing, improving, or demolishing any public
12structure or building, or making improvements of any kind to
13public real property. Construction does not include the routine
14operation, routine repair, or routine maintenance of existing
15structures, buildings, or real property.
16 "Construction-related services" means those services
17including construction design, layout, inspection, support,
18feasibility or location study, research, development,
19planning, or other investigative study undertaken by a
20construction agency concerning construction or potential
21construction.
22 "Construction support" means all equipment, supplies, and
23services that are necessary to the operation of a construction
24agency's construction program. "Construction support" does not
25include construction-related services.

SB0008 Enrolled- 28 -LRB100 06368 MLM 16407 b
1(Source: P.A. 90-572, eff. 2-6-98.)
2 (30 ILCS 500/1-15.40 new)
3 Sec. 1-15.40. Electronic procurement. "Electronic
4procurement" means conducting all or some of the procurement
5function over the Internet.
6 (30 ILCS 500/1-15.47 new)
7 Sec. 1-15.47. Master contract. "Master contract" means a
8definite quantity, indefinite quantity, or requirements
9contract awarded in accordance with this Code, against which
10subsequent orders may be placed to meet the needs of a State
11purchasing entity. A master contract may be for use by a single
12State purchasing entity or for multiple State purchasing
13entities and other entities as authorized under the
14Governmental Joint Purchasing Act.
15 (30 ILCS 500/1-15.48 new)
16 Sec. 1-15.48. Multiple Award. "Multiple award" means an
17award that is made to 2 or more bidders or offerors for similar
18supplies, services, or construction-related services.
19 (30 ILCS 500/1-15.49 new)
20 Sec. 1-15.49. No-cost contract. "No-cost contract" means a
21contract in which the State of Illinois does not make a payment
22to or receive a payment from the vendor, but the vendor has the

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1contractual authority to charge an entity other than the State
2of Illinois for supplies or services at the State's contracted
3rate to fulfill the State's mandated requirements.
4 (30 ILCS 500/5-5)
5 Sec. 5-5. Procurement Policy Board.
6 (a) Creation. There is created a Procurement Policy Board,
7an agency of the State of Illinois.
8 (b) Authority and duties. The Board shall have the
9authority and responsibility to review, comment upon, and
10recommend, consistent with this Code, rules and practices
11governing the procurement, management, control, and disposal
12of supplies, services, professional or artistic services,
13construction, and real property and capital improvement leases
14procured by the State. The Board shall also have the authority
15to recommend a program for professional development and provide
16opportunities for training in procurement practices and
17policies to chief procurement officers and their staffs in
18order to ensure that all procurement is conducted in an
19efficient, professional, and appropriately transparent manner.
20 Upon a three-fifths vote of its members, the Board may
21review a contract. Upon a three-fifths vote of its members, the
22Board may propose procurement rules for consideration by chief
23procurement officers. These proposals shall be published in
24each volume of the Procurement Bulletin. Except as otherwise
25provided by law, the Board shall act upon the vote of a

SB0008 Enrolled- 30 -LRB100 06368 MLM 16407 b
1majority of its members who have been appointed and are
2serving.
3 (b-5) Reviews, studies, and hearings. The Board may review,
4study, and hold public hearings concerning the implementation
5and administration of this Code. Each chief procurement
6officer, State purchasing officer, procurement compliance
7monitor, and State agency shall cooperate with the Board,
8provide information to the Board, and be responsive to the
9Board in the Board's conduct of its reviews, studies, and
10hearings.
11 (c) Members. The Board shall consist of 5 members appointed
12one each by the 4 legislative leaders and the Governor. Each
13member shall have demonstrated sufficient business or
14professional experience in the area of procurement to perform
15the functions of the Board. No member may be a member of the
16General Assembly.
17 (d) Terms. Of the initial appointees, the Governor shall
18designate one member, as Chairman, to serve a one-year term,
19the President of the Senate and the Speaker of the House shall
20each appoint one member to serve 3-year terms, and the Minority
21Leader of the House and the Minority Leader of the Senate shall
22each appoint one member to serve 2-year terms. Subsequent terms
23shall be 4 years. Members may be reappointed for succeeding
24terms.
25 (e) Reimbursement. Members shall receive no compensation
26but shall be reimbursed for any expenses reasonably incurred in

SB0008 Enrolled- 31 -LRB100 06368 MLM 16407 b
1the performance of their duties.
2 (f) Staff support. Upon a three-fifths vote of its members,
3the Board may employ an executive director. Subject to
4appropriation, the Board also may employ a reasonable and
5necessary number of staff persons.
6 (g) Meetings. Meetings of the Board may be conducted
7telephonically, electronically, or through the use of other
8telecommunications. Written minutes of such meetings shall be
9created and available for public inspection and copying.
10 (h) Procurement recommendations. Upon a three-fifths vote
11of its members, the Board may review a proposal, bid, or
12contract and issue a recommendation to void a contract or
13reject a proposal or bid based on any violation of this Code or
14the existence of a conflict of interest as described in
15subsections (b) and (d) of Section 50-35. A chief procurement
16officer or State purchasing officer shall notify the Board if
17an alleged conflict of interest or violation of the Code is
18identified, discovered, or reasonably suspected to exist. Any
19person or entity may notify the Board of an alleged conflict of
20interest or violation of the Code. A recommendation of the
21Board shall be delivered to the appropriate chief procurement
22officer and Executive Ethics Commission within 7 calendar days
23and must be published in the next volume of the Procurement
24Bulletin. In the event that an alleged conflict of interest or
25violation of the Code that was not originally disclosed with
26the bid, offer, or proposal is identified and filed with the

SB0008 Enrolled- 32 -LRB100 06368 MLM 16407 b
1Board, the Board shall provide written notice of the alleged
2conflict of interest or violation to the bidder, offeror,
3potential contractor, contractor, or subcontractor on that
4contract. If the alleged conflict of interest or violation is
5by the subcontractor, written notice shall also be provided to
6the bidder, offeror, potential contractor, or contractor. The
7bidder, offeror, potential contractor, contractor, or
8subcontractor shall have 15 calendar days to provide a written
9response to the notice, and a hearing before the Board on the
10alleged conflict of interest or violation shall be held upon
11request by the bidder, offeror, potential contractor,
12contractor, or subcontractor. The requested hearing date and
13time shall be determined by the Board, but in no event shall
14the hearing occur later than 15 calendar days after the date of
15the request.
16 (i) After providing notice and a hearing as required by
17subsection (h), the Board shall refer any alleged violations of
18this Code to the Executive Inspector General in addition to or
19instead of issuing a recommendation to void a contract.
20 (j) Response. Each State agency shall respond promptly in
21writing to all inquiries and comments of the Procurement Policy
22Board.
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 Enrolled- 33 -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 Enrolled- 34 -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 any 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 may (i) attend any

SB0008 Enrolled- 35 -LRB100 06368 MLM 16407 b
1procurement meetings; (ii) access any records or files related
2to procurement; (iii) submit reports to the chief procurement
3officer on procurement issues; (iv) ensure the State agency is
4maintaining appropriate records; and (v) ensure transparency
5of the procurement process.
6 (a-10) If a State purchasing officer is aware of
7misconduct, waste, or inefficiency with respect to State
8procurement, the State purchasing officer shall advise the
9State agency of the issue in writing. If the State agency does
10not correct the issue, the State purchasing officer shall
11report the problem, in writing, to the chief procurement
12officer and appropriate Inspector General.
13 (b) In addition to any other requirement or qualification
14required by State law, within 30 months after appointment, a
15State purchasing officer must be a Certified Professional
16Public Buyer or a Certified Public Purchasing Officer, pursuant
17to certification by the Universal Public Purchasing
18Certification Council or the Institute for Supply Management. A
19State purchasing officer shall serve a term of 5 years
20beginning on the date of the officer's appointment. A State
21purchasing officer shall have an office located in the State
22agency that the officer serves but shall report to the chief
23procurement officer. A State purchasing officer may be removed
24by a chief procurement officer for cause after a hearing by the
25Executive Ethics Commission. The chief procurement officer or
26executive officer of the State agency housing the State

SB0008 Enrolled- 36 -LRB100 06368 MLM 16407 b
1purchasing officer may institute a complaint against the State
2purchasing officer by filing such a complaint with the
3Commission and the Commission shall have a public hearing based
4on the complaint. The State purchasing officer, chief
5procurement officer, and executive officer of the State agency
6shall receive notice of the hearing and shall be permitted to
7present their respective arguments on the complaint. After the
8hearing, the Commission shall make a non-binding
9recommendation on whether the State purchasing officer shall be
10removed. The salary of a State purchasing officer shall be
11established by the chief procurement officer and may not be
12diminished during the officer's term. In the absence of an
13appointed State purchasing officer, the applicable chief
14procurement officer shall exercise the procurement authority
15created by this Code and may appoint a temporary acting State
16purchasing officer.
17 (c) Each State purchasing officer owes a fiduciary duty to
18the State.
19(Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793
20for the effective date of changes made by P.A. 96-795); 97-895,
21eff. 8-3-12.)
22 (30 ILCS 500/10-15)
23 Sec. 10-15. Procurement compliance monitors.
24 (a) The Executive Ethics Commission may shall appoint
25procurement compliance monitors to oversee and review the

SB0008 Enrolled- 37 -LRB100 06368 MLM 16407 b
1procurement processes. Each procurement compliance monitor
2shall serve a term of 5 years beginning on the date of the
3officer's appointment. Each procurement compliance monitor
4appointed pursuant to this Section and serving a 5-year term on
5the effective date of this amendatory Act of the 100th General
6Assembly shall have an office located in the State agency that
7the monitor serves but shall report to the appropriate chief
8procurement officer in the performance of his or her duties
9until the expiration of the monitor's term. The compliance
10monitor shall have direct communications with the executive
11officer of a State agency in exercising duties. A procurement
12compliance monitor may be removed only for cause after a
13hearing by the Executive Ethics Commission. The appropriate
14chief procurement officer or executive officer of the State
15agency served by housing the procurement compliance monitor may
16institute a complaint against the procurement compliance
17monitor with the Commission and the Commission shall hold a
18public hearing based on the complaint. The procurement
19compliance monitor, State purchasing officer, appropriate
20chief procurement officer, and executive officer of the State
21agency shall receive notice of the hearing and shall be
22permitted to present their respective arguments on the
23complaint. After the hearing, the Commission shall determine
24whether the procurement compliance monitor shall be removed.
25The salary of a procurement compliance monitor shall be
26established by the Executive Ethics Commission and may not be

SB0008 Enrolled- 38 -LRB100 06368 MLM 16407 b
1diminished during the officer's term.
2 (b) The procurement compliance monitor shall: (i) review
3any procurement, contract, or contract amendment as directed by
4the Executive Ethics Commission or a chief procurement officer;
5and (ii) report any findings of the review, in writing, to the
6Commission, the affected agency, the chief procurement officer
7responsible for the affected agency, and any entity requesting
8the review. The procurement compliance monitor may: (i) review
9each contract or contract amendment prior to execution to
10ensure that applicable procurement and contracting standards
11were followed; (ii) attend any procurement meetings; (iii)
12access any records or files related to procurement; (iv) issue
13reports to the chief procurement officer on procurement issues
14that present issues or that have not been corrected after
15consultation with appropriate State officials; (v) ensure the
16State agency is maintaining appropriate records; and (vi)
17ensure transparency of the procurement process.
18 (c) If the procurement compliance monitor is aware of
19misconduct, waste, or inefficiency with respect to State
20procurement, the procurement compliance monitor shall advise
21the State agency of the issue in writing. If the State agency
22does not correct the issue, the monitor shall report the
23problem, in writing, to the chief procurement officer and
24Inspector General.
25 (d) Each procurement compliance monitor owes a fiduciary
26duty to the State.

SB0008 Enrolled- 39 -LRB100 06368 MLM 16407 b
1(Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793
2for the effective date of changes made by P.A. 96-795); 97-895,
3eff. 8-3-12.)
4 (30 ILCS 500/10-30 new)
5 Sec. 10-30. Fiduciary duty. Each chief procurement
6officer, State purchasing officer, and procurement compliance
7monitor owe a fiduciary duty to the State.
8 (30 ILCS 500/15-25)
9 Sec. 15-25. Bulletin content.
10 (a) Invitations for bids. Notice of each and every contract
11that is offered, including renegotiated contracts and change
12orders, shall be published in the Bulletin. All businesses
13listed on the Department of Transportation Disadvantaged
14Business Enterprise Directory, the Department of Central
15Management Services Business Enterprise Program, and the Chief
16Procurement Office's Small Business Vendors Directory shall be
17furnished written instructions and information on how to
18register on each Procurement Bulletin maintained by the State.
19Such information shall be provided to each business within 30
20calendar days after the business' notice of certification. The
21applicable chief procurement officer may provide by rule an
22organized format for the publication of this information, but
23in any case it must include at least the date first offered,
24the date submission of offers is due, the location that offers

SB0008 Enrolled- 40 -LRB100 06368 MLM 16407 b
1are to be submitted to, the purchasing State agency, the
2responsible State purchasing officer, a brief purchase
3description, the method of source selection, information of how
4to obtain a comprehensive purchase description and any
5disclosure and contract forms, and encouragement to potential
6contractors to hire qualified veterans, as defined by Section
745-67 of this Code, and qualified Illinois minorities, women,
8persons with disabilities, and residents discharged from any
9Illinois adult correctional center.
10 (a-5) All businesses listed on the Illinois Unified
11Certification Program Disadvantaged Business Enterprise
12Directory, the Business Enterprise Program of the Department of
13Central Management Services, and any small business database
14created pursuant to Section 45-45 of this Code shall be
15furnished written instructions and information on how to
16register for the Illinois Procurement Bulletin. This
17information shall be provided to each business within 30
18calendar days after the business's notice of certification or
19qualification.
20 (b) Contracts let. Notice of each and every contract that
21is let, including renegotiated contracts and change orders,
22shall be issued electronically to those bidders submitting
23responses to the solicitations, inclusive of the unsuccessful
24bidders, immediately upon contract let. Failure of any chief
25procurement officer to give such notice shall result in tolling
26the time for filing a bid protest up to 7 calendar days.

SB0008 Enrolled- 41 -LRB100 06368 MLM 16407 b
1 For purposes of this subsection (b), "contracts let" means
2a construction agency's act of advertising an invitation for
3bids for one or more construction projects.
4 (b-5) Contracts awarded. Notice of each and every contract
5that is awarded, including renegotiated contracts and change
6orders, shall be issued electronically to the successful
7responsible bidder, offeror, or contractor and published in the
8next available subsequent Bulletin. The applicable chief
9procurement officer may provide by rule an organized format for
10the publication of this information, but in any case it must
11include at least all of the information specified in subsection
12(a) as well as the name of the successful responsible bidder,
13offeror, the contract price, the number of unsuccessful bidders
14or offerors and any other disclosure specified in any Section
15of this Code. This notice must be posted in the online
16electronic Bulletin prior to execution of the contract.
17 For purposes of this subsection (b-5), "contract award"
18means the determination that a particular bidder or offeror has
19been selected from among other bidders or offerors to receive a
20contract, subject to the successful completion of final
21negotiations. "Contract award" is evidenced by the posting of a
22Notice of Award or a Notice of Intent to Award to the
23respective volume of the Illinois Procurement Bulletin.
24 (c) Emergency purchase disclosure. Any chief procurement
25officer or State purchasing officer exercising emergency
26purchase authority under this Code shall publish a written

SB0008 Enrolled- 42 -LRB100 06368 MLM 16407 b
1description and reasons and the total cost, if known, or an
2estimate if unknown and the name of the responsible chief
3procurement officer and State purchasing officer, and the
4business or person contracted with for all emergency purchases
5in the next timely, practicable Bulletin. This notice must be
6posted in the online electronic Bulletin no later than 5
7calendar days after the contract is awarded. Notice of a
8hearing to extend an emergency contract must be posted in the
9online electronic Procurement Bulletin no later than 14
10calendar days prior to the hearing.
11 (c-5) Business Enterprise Program report. Each purchasing
12agency shall, with the assistance of the applicable chief
13procurement officer, post in the online electronic Bulletin a
14copy of its annual report of utilization of businesses owned by
15minorities, females, and persons with disabilities as
16submitted to the Business Enterprise Council for Minorities,
17Females, and Persons with Disabilities pursuant to Section 6(c)
18of the Business Enterprise for Minorities, Females, and Persons
19with Disabilities Act within 10 calendar days after its
20submission of its report to the Council.
21 (c-10) Renewals. Notice of each contract renewal shall be
22posted in the online electronic Bulletin within 14 calendar
23days of the determination to execute a renewal of the renew the
24contract and the next available subsequent Bulletin. The notice
25shall include at least all of the information required in
26subsection (a) or (b), as applicable.

SB0008 Enrolled- 43 -LRB100 06368 MLM 16407 b
1 (c-15) Sole source procurements. Before entering into a
2sole source contract, a chief procurement officer exercising
3sole source procurement authority under this Code shall publish
4a written description of intent to enter into a sole source
5contract along with a description of the item to be procured
6and the intended sole source contractor. This notice must be
7posted in the online electronic Procurement Bulletin before a
8sole source contract is awarded and at least 14 calendar days
9before the hearing required by Section 20-25.
10 (d) Other required disclosure. The applicable chief
11procurement officer shall provide by rule for the organized
12publication of all other disclosure required in other Sections
13of this Code in a timely manner.
14 (e) The changes to subsections (b), (c), (c-5), (c-10), and
15(c-15) of this Section made by this amendatory Act of the 96th
16General Assembly apply to reports submitted, offers made, and
17notices on contracts executed on or after its effective date.
18 (f) Each chief procurement officer shall, in consultation
19with the agencies under his or her jurisdiction, provide the
20Procurement Policy Board with the information and resources
21necessary, and in a manner, to effectuate the purpose of this
22amendatory Act of the 96th General Assembly.
23(Source: P.A. 97-895, eff. 8-3-12; 98-1038, eff. 8-25-14;
2498-1076, eff. 1-1-15.)
25 (30 ILCS 500/15-30)

SB0008 Enrolled- 44 -LRB100 06368 MLM 16407 b
1 Sec. 15-30. Electronic Bulletin clearinghouse.
2 (a) The Procurement Policy Board shall maintain on its
3official website a searchable database containing all
4information required to be included in the Illinois Procurement
5Bulletin under subsections (b), (c), (c-10), and (c-15) of
6Section 15-25 and all information required to be disclosed
7under Section 50-41. The posting of procurement information on
8the website is subject to the same posting requirements as the
9online electronic Bulletin.
10 (b) For the purposes of this Section, searchable means
11searchable and sortable by awarded successful responsible
12bidder, offeror, potential contractor, or contractor, for
13emergency purchases, business or person contracted with; the
14contract price or total cost; the service or supply good; the
15purchasing State agency; and the date first offered or
16announced.
17 (c) The applicable chief procurement officer shall provide
18the Procurement Policy Board the information and resources
19necessary, and in a manner, to effectuate the purpose of this
20Section.
21(Source: P.A. 97-895, eff. 8-3-12; 98-1076, eff. 1-1-15.)
22 (30 ILCS 500/20-10)
23 (Text of Section before amendment by P.A. 99-906)
24 (Text of Section from P.A. 96-159, 96-588, 97-96, 97-895,
25and 98-1076)

SB0008 Enrolled- 45 -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 or through
14an electronic procurement system in the presence of one or more
15witnesses at the time and place designated in the invitation
16for bids. The name of each bidder, the amount of each bid, and
17other relevant information as may be specified by rule shall be
18recorded. After the award of the contract, the winning bid and
19the record of each unsuccessful bid shall be open to public
20inspection.
21 (e) Bid acceptance and bid evaluation. Bids shall be
22unconditionally accepted without alteration or correction,
23except as authorized in this Code. Bids shall be evaluated
24based on the requirements set forth in the invitation for bids,
25which may include criteria to determine acceptability such as
26inspection, testing, quality, workmanship, delivery, and

SB0008 Enrolled- 46 -LRB100 06368 MLM 16407 b
1suitability for a particular purpose. Those criteria that will
2affect the bid price and be considered in evaluation for award,
3such as discounts, transportation costs, and total or life
4cycle costs, shall be objectively measurable. The invitation
5for bids shall set forth the evaluation criteria to be used.
6 (f) Correction or withdrawal of bids. Correction or
7withdrawal of inadvertently erroneous bids before or after
8award, or cancellation of awards of contracts based on bid
9mistakes, shall be permitted in accordance with rules. After
10bid opening, no changes in bid prices or other provisions of
11bids prejudicial to the interest of the State or fair
12competition shall be permitted. All decisions to permit the
13correction or withdrawal of bids based on bid mistakes shall be
14supported by written determination made by a State purchasing
15officer.
16 (g) Award. The contract shall be awarded with reasonable
17promptness by written notice to the lowest responsible and
18responsive bidder whose bid meets the requirements and criteria
19set forth in the invitation for bids, except when a State
20purchasing officer determines it is not in the best interest of
21the State and by written explanation determines another bidder
22shall receive the award. The explanation shall appear in the
23appropriate volume of the Illinois Procurement Bulletin. The
24written explanation must include:
25 (1) a description of the agency's needs;
26 (2) a determination that the anticipated cost will be

SB0008 Enrolled- 47 -LRB100 06368 MLM 16407 b
1 fair and reasonable;
2 (3) a listing of all responsible and responsive
3 bidders; and
4 (4) the name of the bidder selected, the total contract
5 price, and the reasons for selecting that bidder.
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 calendar days
11after the 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 an invitation for bids limited to those bidders
17whose offers have been qualified under the criteria set forth
18in the first solicitation.
19 (i) Alternative procedures. Notwithstanding any other
20provision of this Act to the contrary, the Director of the
21Illinois Power Agency may create alternative bidding
22procedures to be used in procuring professional services under
23subsection (a) of Section 1-75 and subsection (d) of Section
241-78 of the Illinois Power Agency Act and Section 16-111.5(c)
25of the Public Utilities Act and to procure renewable energy
26resources under Section 1-56 of the Illinois Power Agency Act.

SB0008 Enrolled- 48 -LRB100 06368 MLM 16407 b
1These alternative procedures shall be set forth together with
2the other criteria contained in the invitation for bids, and
3shall appear in the appropriate volume of the Illinois
4Procurement Bulletin.
5 (j) Reverse auction. Notwithstanding any other provision
6of this Section and in accordance with rules adopted by the
7chief procurement officer, that chief procurement officer may
8procure supplies or services through a competitive electronic
9auction bidding process after the chief procurement officer
10determines that the use of such a process will be in the best
11interest of the State. The chief procurement officer shall
12publish that determination in his or her next volume of the
13Illinois Procurement Bulletin.
14 An invitation for bids shall be issued and shall include
15(i) a procurement description, (ii) all contractual terms,
16whenever practical, and (iii) conditions applicable to the
17procurement, including a notice that bids will be received in
18an electronic auction manner.
19 Public notice of the invitation for bids shall be given in
20the same manner as provided in subsection (c).
21 Bids shall be accepted electronically at the time and in
22the manner designated in the invitation for bids. During the
23auction, a bidder's price shall be disclosed to other bidders.
24Bidders shall have the opportunity to reduce their bid prices
25during the auction. At the conclusion of the auction, the
26record of the bid prices received and the name of each bidder

SB0008 Enrolled- 49 -LRB100 06368 MLM 16407 b
1shall be open to public inspection.
2 After the auction period has terminated, withdrawal of bids
3shall be permitted as provided in subsection (f).
4 The contract shall be awarded within 60 calendar days after
5the auction by written notice to the lowest responsible bidder,
6or all bids shall be rejected except as otherwise provided in
7this Code. Extensions of the date for the award may be made by
8mutual written consent of the State purchasing officer and the
9lowest responsible bidder.
10 This subsection does not apply to (i) procurements of
11professional and artistic services, (ii) telecommunications
12services, communication services, and information services,
13and (iii) contracts for construction projects, including
14design professional services.
15(Source: P.A. 97-96, eff. 7-13-11; 97-895, eff. 8-3-12;
1698-1076, eff. 1-1-15.)
17 (Text of Section from P.A. 96-159, 96-795, 97-96, 97-895,
18and 98-1076)
19 Sec. 20-10. Competitive sealed bidding; reverse auction.
20 (a) Conditions for use. All contracts shall be awarded by
21competitive sealed bidding except as otherwise provided in
22Section 20-5.
23 (b) Invitation for bids. An invitation for bids shall be
24issued and shall include a purchase description and the
25material contractual terms and conditions applicable to the

SB0008 Enrolled- 50 -LRB100 06368 MLM 16407 b
1procurement.
2 (c) Public notice. Public notice of the invitation for bids
3shall be published in the Illinois Procurement Bulletin at
4least 14 calendar days before the date set in the invitation
5for the opening of bids.
6 (d) Bid opening. Bids shall be opened publicly or through
7an electronic procurement system in the presence of one or more
8witnesses at the time and place designated in the invitation
9for bids. The name of each bidder, the amount of each bid, and
10other relevant information as may be specified by rule shall be
11recorded. After the award of the contract, the winning bid and
12the record of each unsuccessful bid shall be open to public
13inspection.
14 (e) Bid acceptance and bid evaluation. Bids shall be
15unconditionally accepted without alteration or correction,
16except as authorized in this Code. Bids shall be evaluated
17based on the requirements set forth in the invitation for bids,
18which may include criteria to determine acceptability such as
19inspection, testing, quality, workmanship, delivery, and
20suitability for a particular purpose. Those criteria that will
21affect the bid price and be considered in evaluation for award,
22such as discounts, transportation costs, and total or life
23cycle costs, shall be objectively measurable. The invitation
24for bids shall set forth the evaluation criteria to be used.
25 (f) Correction or withdrawal of bids. Correction or
26withdrawal of inadvertently erroneous bids before or after

SB0008 Enrolled- 51 -LRB100 06368 MLM 16407 b
1award, or cancellation of awards of contracts based on bid
2mistakes, shall be permitted in accordance with rules. After
3bid opening, no changes in bid prices or other provisions of
4bids prejudicial to the interest of the State or fair
5competition shall be permitted. All decisions to permit the
6correction or withdrawal of bids based on bid mistakes shall be
7supported by written determination made by a State purchasing
8officer.
9 (g) Award. The contract shall be awarded with reasonable
10promptness by written notice to the lowest responsible and
11responsive bidder whose bid meets the requirements and criteria
12set forth in the invitation for bids, except when a State
13purchasing officer determines it is not in the best interest of
14the State and by written explanation determines another bidder
15shall receive the award. The explanation shall appear in the
16appropriate volume of the Illinois Procurement Bulletin. The
17written explanation must include:
18 (1) a description of the agency's needs;
19 (2) a determination that the anticipated cost will be
20 fair and reasonable;
21 (3) a listing of all responsible and responsive
22 bidders; and
23 (4) the name of the bidder selected, the total contract
24 price, and the reasons for selecting that bidder.
25 Each chief procurement officer may adopt guidelines to
26implement the requirements of this subsection (g).

SB0008 Enrolled- 52 -LRB100 06368 MLM 16407 b
1 The written explanation shall be filed with the Legislative
2Audit Commission and the Procurement Policy Board, and be made
3available for inspection by the public, within 30 days after
4the agency's decision to award the contract.
5 (h) Multi-step sealed bidding. When it is considered
6impracticable to initially prepare a purchase description to
7support an award based on price, an invitation for bids may be
8issued requesting the submission of unpriced offers to be
9followed by an invitation for bids limited to those bidders
10whose offers have been qualified under the criteria set forth
11in the first solicitation.
12 (i) Alternative procedures. Notwithstanding any other
13provision of this Act to the contrary, the Director of the
14Illinois Power Agency may create alternative bidding
15procedures to be used in procuring professional services under
16subsection (a) of Section 1-75 and subsection (d) of Section
171-78 of the Illinois Power Agency Act and Section 16-111.5(c)
18of the Public Utilities Act and to procure renewable energy
19resources under Section 1-56 of the Illinois Power Agency Act.
20These alternative procedures shall be set forth together with
21the other criteria contained in the invitation for bids, and
22shall appear in the appropriate volume of the Illinois
23Procurement Bulletin.
24 (j) Reverse auction. Notwithstanding any other provision
25of this Section and in accordance with rules adopted by the
26chief procurement officer, that chief procurement officer may

SB0008 Enrolled- 53 -LRB100 06368 MLM 16407 b
1procure supplies or services through a competitive electronic
2auction bidding process after the chief procurement officer
3determines that the use of such a process will be in the best
4interest of the State. The chief procurement officer shall
5publish that determination in his or her next volume of the
6Illinois Procurement Bulletin.
7 An invitation for bids shall be issued and shall include
8(i) a procurement description, (ii) all contractual terms,
9whenever practical, and (iii) conditions applicable to the
10procurement, including a notice that bids will be received in
11an electronic auction manner.
12 Public notice of the invitation for bids shall be given in
13the same manner as provided in subsection (c).
14 Bids shall be accepted electronically at the time and in
15the manner designated in the invitation for bids. During the
16auction, a bidder's price shall be disclosed to other bidders.
17Bidders shall have the opportunity to reduce their bid prices
18during the auction. At the conclusion of the auction, the
19record of the bid prices received and the name of each bidder
20shall be open to public inspection.
21 After the auction period has terminated, withdrawal of bids
22shall be permitted as provided in subsection (f).
23 The contract shall be awarded within 60 calendar days after
24the auction by written notice to the lowest responsible bidder,
25or all bids shall be rejected except as otherwise provided in
26this Code. Extensions of the date for the award may be made by

SB0008 Enrolled- 54 -LRB100 06368 MLM 16407 b
1mutual written consent of the State purchasing officer and the
2lowest responsible bidder.
3 This subsection does not apply to (i) procurements of
4professional and artistic services, (ii) telecommunications
5services, communication services, and information services,
6and (iii) contracts for construction projects, including
7design professional services.
8(Source: P.A. 97-96, eff. 7-13-11; 97-895, eff. 8-3-12;
998-1076, eff. 1-1-15.)
10 (Text of Section after amendment by P.A. 99-906)
11 (Text of Section from P.A. 96-159, 96-588, 97-96, 97-895,
1298-1076, and 99-906)
13 Sec. 20-10. Competitive sealed bidding; reverse auction.
14 (a) Conditions for use. All contracts shall be awarded by
15competitive sealed bidding except as otherwise provided in
16Section 20-5.
17 (b) Invitation for bids. An invitation for bids shall be
18issued and shall include a purchase description and the
19material contractual terms and conditions applicable to the
20procurement.
21 (c) Public notice. Public notice of the invitation for bids
22shall be published in the Illinois Procurement Bulletin at
23least 14 calendar days before the date set in the invitation
24for the opening of bids.
25 (d) Bid opening. Bids shall be opened publicly or through

SB0008 Enrolled- 55 -LRB100 06368 MLM 16407 b
1an electronic procurement system in the presence of one or more
2witnesses at the time and place designated in the invitation
3for bids. The name of each bidder, the amount of each bid, and
4other relevant information as may be specified by rule shall be
5recorded. After the award of the contract, the winning bid and
6the record of each unsuccessful bid shall be open to public
7inspection.
8 (e) Bid acceptance and bid evaluation. Bids shall be
9unconditionally accepted without alteration or correction,
10except as authorized in this Code. Bids shall be evaluated
11based on the requirements set forth in the invitation for bids,
12which may include criteria to determine acceptability such as
13inspection, testing, quality, workmanship, delivery, and
14suitability for a particular purpose. Those criteria that will
15affect the bid price and be considered in evaluation for award,
16such as discounts, transportation costs, and total or life
17cycle costs, shall be objectively measurable. The invitation
18for bids shall set forth the evaluation criteria to be used.
19 (f) Correction or withdrawal of bids. Correction or
20withdrawal of inadvertently erroneous bids before or after
21award, or cancellation of awards of contracts based on bid
22mistakes, shall be permitted in accordance with rules. After
23bid opening, no changes in bid prices or other provisions of
24bids prejudicial to the interest of the State or fair
25competition shall be permitted. All decisions to permit the
26correction or withdrawal of bids based on bid mistakes shall be

SB0008 Enrolled- 56 -LRB100 06368 MLM 16407 b
1supported by written determination made by a State purchasing
2officer.
3 (g) Award. The contract shall be awarded with reasonable
4promptness by written notice to the lowest responsible and
5responsive bidder whose bid meets the requirements and criteria
6set forth in the invitation for bids, except when a State
7purchasing officer determines it is not in the best interest of
8the State and by written explanation determines another bidder
9shall receive the award. The explanation shall appear in the
10appropriate volume of the Illinois Procurement Bulletin. The
11written explanation must include:
12 (1) a description of the agency's needs;
13 (2) a determination that the anticipated cost will be
14 fair and reasonable;
15 (3) a listing of all responsible and responsive
16 bidders; and
17 (4) the name of the bidder selected, the total contract
18 price, and the reasons for selecting that bidder.
19 Each chief procurement officer may adopt guidelines to
20implement the requirements of this subsection (g).
21 The written explanation shall be filed with the Legislative
22Audit Commission and the Procurement Policy Board, and be made
23available for inspection by the public, within 30 calendar days
24after the agency's decision to award the contract.
25 (h) Multi-step sealed bidding. When it is considered
26impracticable to initially prepare a purchase description to

SB0008 Enrolled- 57 -LRB100 06368 MLM 16407 b
1support an award based on price, an invitation for bids may be
2issued requesting the submission of unpriced offers to be
3followed by an invitation for bids limited to those bidders
4whose offers have been qualified under the criteria set forth
5in the first solicitation.
6 (i) Alternative procedures. Notwithstanding any other
7provision of this Act to the contrary, the Director of the
8Illinois Power Agency may create alternative bidding
9procedures to be used in procuring professional services under
10Section 1-56, subsections (a) and (c) of Section 1-75 and
11subsection (d) of Section 1-78 of the Illinois Power Agency Act
12and Section 16-111.5(c) of the Public Utilities Act and to
13procure renewable energy resources under Section 1-56 of the
14Illinois Power Agency Act. These alternative procedures shall
15be set forth together with the other criteria contained in the
16invitation for bids, and shall appear in the appropriate volume
17of the Illinois Procurement Bulletin.
18 (j) Reverse auction. Notwithstanding any other provision
19of this Section and in accordance with rules adopted by the
20chief procurement officer, that chief procurement officer may
21procure supplies or services through a competitive electronic
22auction bidding process after the chief procurement officer
23determines that the use of such a process will be in the best
24interest of the State. The chief procurement officer shall
25publish that determination in his or her next volume of the
26Illinois Procurement Bulletin.

SB0008 Enrolled- 58 -LRB100 06368 MLM 16407 b
1 An invitation for bids shall be issued and shall include
2(i) a procurement description, (ii) all contractual terms,
3whenever practical, and (iii) conditions applicable to the
4procurement, including a notice that bids will be received in
5an electronic auction manner.
6 Public notice of the invitation for bids shall be given in
7the same manner as provided in subsection (c).
8 Bids shall be accepted electronically at the time and in
9the manner designated in the invitation for bids. During the
10auction, a bidder's price shall be disclosed to other bidders.
11Bidders shall have the opportunity to reduce their bid prices
12during the auction. At the conclusion of the auction, the
13record of the bid prices received and the name of each bidder
14shall be open to public inspection.
15 After the auction period has terminated, withdrawal of bids
16shall be permitted as provided in subsection (f).
17 The contract shall be awarded within 60 calendar days after
18the auction by written notice to the lowest responsible bidder,
19or all bids shall be rejected except as otherwise provided in
20this Code. Extensions of the date for the award may be made by
21mutual written consent of the State purchasing officer and the
22lowest responsible bidder.
23 This subsection does not apply to (i) procurements of
24professional and artistic services, (ii) telecommunications
25services, communication services, and information services,
26and (iii) contracts for construction projects, including

SB0008 Enrolled- 59 -LRB100 06368 MLM 16407 b
1design professional services.
2(Source: P.A. 98-1076, eff. 1-1-15; 99-906, eff. 6-1-17.)
3 (Text of Section from P.A. 96-159, 96-795, 97-96, 97-895,
498-1076, and 99-906)
5 Sec. 20-10. Competitive sealed bidding; reverse auction.
6 (a) Conditions for use. All contracts shall be awarded by
7competitive sealed bidding except as otherwise provided in
8Section 20-5.
9 (b) Invitation for bids. An invitation for bids shall be
10issued and shall include a purchase description and the
11material contractual terms and conditions applicable to the
12procurement.
13 (c) Public notice. Public notice of the invitation for bids
14shall be published in the Illinois Procurement Bulletin at
15least 14 calendar days before the date set in the invitation
16for the opening of bids.
17 (d) Bid opening. Bids shall be opened publicly or through
18an electronic procurement system in the presence of one or more
19witnesses at the time and place designated in the invitation
20for bids. The name of each bidder, the amount of each bid, and
21other relevant information as may be specified by rule shall be
22recorded. After the award of the contract, the winning bid and
23the record of each unsuccessful bid shall be open to public
24inspection.
25 (e) Bid acceptance and bid evaluation. Bids shall be

SB0008 Enrolled- 60 -LRB100 06368 MLM 16407 b
1unconditionally accepted without alteration or correction,
2except as authorized in this Code. Bids shall be evaluated
3based on the requirements set forth in the invitation for bids,
4which may include criteria to determine acceptability such as
5inspection, testing, quality, workmanship, delivery, and
6suitability for a particular purpose. Those criteria that will
7affect the bid price and be considered in evaluation for award,
8such as discounts, transportation costs, and total or life
9cycle costs, shall be objectively measurable. The invitation
10for bids shall set forth the evaluation criteria to be used.
11 (f) Correction or withdrawal of bids. Correction or
12withdrawal of inadvertently erroneous bids before or after
13award, or cancellation of awards of contracts based on bid
14mistakes, shall be permitted in accordance with rules. After
15bid opening, no changes in bid prices or other provisions of
16bids prejudicial to the interest of the State or fair
17competition shall be permitted. All decisions to permit the
18correction or withdrawal of bids based on bid mistakes shall be
19supported by written determination made by a State purchasing
20officer.
21 (g) Award. The contract shall be awarded with reasonable
22promptness by written notice to the lowest responsible and
23responsive bidder whose bid meets the requirements and criteria
24set forth in the invitation for bids, except when a State
25purchasing officer determines it is not in the best interest of
26the State and by written explanation determines another bidder

SB0008 Enrolled- 61 -LRB100 06368 MLM 16407 b
1shall receive the award. The explanation shall appear in the
2appropriate volume of the Illinois Procurement Bulletin. The
3written explanation must include:
4 (1) a description of the agency's needs;
5 (2) a determination that the anticipated cost will be
6 fair and reasonable;
7 (3) a listing of all responsible and responsive
8 bidders; and
9 (4) the name of the bidder selected, the total contract
10 price, and the reasons for selecting that bidder.
11 Each chief procurement officer may adopt guidelines to
12implement the requirements of this subsection (g).
13 The written explanation shall be filed with the Legislative
14Audit Commission and the Procurement Policy Board, and be made
15available for inspection by the public, within 30 days after
16the agency's decision to award the contract.
17 (h) Multi-step sealed bidding. When it is considered
18impracticable to initially prepare a purchase description to
19support an award based on price, an invitation for bids may be
20issued requesting the submission of unpriced offers to be
21followed by an invitation for bids limited to those bidders
22whose offers have been qualified under the criteria set forth
23in the first solicitation.
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 Enrolled- 62 -LRB100 06368 MLM 16407 b
1procedures to be used in procuring professional services under
2subsections (a) and (c) of Section 1-75 and subsection (d) of
3Section 1-78 of the Illinois Power Agency Act and Section
416-111.5(c) of the Public Utilities Act and to procure
5renewable energy resources under Section 1-56 of the Illinois
6Power Agency Act. These alternative procedures shall be set
7forth together with the other criteria contained in the
8invitation for bids, and shall appear in the appropriate volume
9of the Illinois Procurement 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 Enrolled- 63 -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. 98-1076, eff. 1-1-15; 99-906, eff. 6-1-17.)
21 (30 ILCS 500/20-15)
22 Sec. 20-15. Competitive sealed proposals.
23 (a) Conditions for use. When provided under this Code or
24under rules, or when the purchasing agency determines in
25writing that the use of competitive sealed bidding is either

SB0008 Enrolled- 64 -LRB100 06368 MLM 16407 b
1not practicable or not advantageous to the State, a contract
2may be entered into by competitive sealed proposals.
3 (b) Request for proposals. Proposals shall be solicited
4through a request for proposals.
5 (c) Public notice. Public notice of the request for
6proposals shall be published in the Illinois Procurement
7Bulletin at least 14 calendar days before the date set in the
8invitation for the opening of proposals.
9 (d) Receipt of proposals. Proposals shall be opened
10publicly or via an electronic procurement system in the
11presence of one or more witnesses at the time and place
12designated in the request for proposals, but proposals shall be
13opened in a manner to avoid disclosure of contents to competing
14offerors during the process of negotiation. A record of
15proposals shall be prepared and shall be open for public
16inspection after contract award.
17 (e) Evaluation factors. The requests for proposals shall
18state the relative importance of price and other evaluation
19factors. Proposals shall be submitted in 2 parts: the first,
20covering items except price; and the second, covering price.
21The first part of all proposals shall be evaluated and ranked
22independently of the second part of all proposals.
23 (f) Discussion with responsible offerors and revisions of
24offers or proposals. As provided in the request for proposals
25and under rules, discussions may be conducted with responsible
26offerors who submit offers or proposals determined to be

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1reasonably susceptible of being selected for award for the
2purpose of clarifying and assuring full understanding of and
3responsiveness to the solicitation requirements. Those
4offerors shall be accorded fair and equal treatment with
5respect to any opportunity for discussion and revision of
6proposals. Revisions may be permitted after submission and
7before award for the purpose of obtaining best and final
8offers. In conducting discussions there shall be no disclosure
9of any information derived from proposals submitted by
10competing offerors. If information is disclosed to any offeror,
11it shall be provided to all competing offerors.
12 (g) Award. Awards shall be made to the responsible offeror
13whose proposal is determined in writing to be the most
14advantageous to the State, taking into consideration price and
15the evaluation factors set forth in the request for proposals.
16The contract file shall contain the basis on which the award is
17made.
18(Source: P.A. 98-1076, eff. 1-1-15.)
19 (30 ILCS 500/20-20)
20 Sec. 20-20. Small purchases.
21 (a) Amount. Any individual procurement of supplies or
22services other than professional or artistic services, not
23exceeding $100,000 $10,000 and any procurement of construction
24not exceeding $100,000, or any individual procurement of
25professional or artistic services not exceeding $100,000

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1$30,000 may be made without competitive source selection sealed
2bidding. Procurements shall not be artificially divided so as
3to constitute a small purchase under this Section. Any
4procurement of construction not exceeding $100,000 may be made
5by an alternative competitive source selection. The
6construction agency shall establish rules for an alternative
7competitive source selection process. This Section does not
8apply to construction-related professional services contracts
9awarded in accordance with the provisions of the Architectural,
10Engineering, and Land Surveying Qualifications Based Selection
11Act.
12 (b) Adjustment. Each July 1, the small purchase maximum
13established in subsection (a) shall be adjusted for inflation
14as determined by the Consumer Price Index for All Urban
15Consumers as determined by the United States Department of
16Labor and rounded to the nearest $100.
17 (c) Based upon rules proposed by the Board and rules
18promulgated by the chief procurement officers, the small
19purchase maximum established in subsection (a) may be modified.
20(Source: P.A. 90-572, eff. date - See Sec. 99-5.)
21 (30 ILCS 500/20-25)
22 Sec. 20-25. Sole source procurements.
23 (a) In accordance with standards set by rule, contracts may
24be awarded without use of the specified method of source
25selection when there is only one economically feasible source

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1for the item. A State contract may be awarded as a sole source
2contract procurement unless an interested party submits a
3written request for a public hearing at which the chief
4procurement officer and purchasing agency present written
5justification for the procurement method. Any interested party
6may present testimony. A sole source contract where a hearing
7was requested by an interested party may be awarded after the
8hearing is conducted with the approval of the chief procurement
9officer.
10 (b) This Section may not be used as a basis for amending a
11contract for professional or artistic services if the amendment
12would result in an increase in the amount paid under the
13contract of more than 5% of the initial award, or would extend
14the contract term beyond the time reasonably needed for a
15competitive procurement, not to exceed 2 months.
16 (c) Notice of intent to enter into a sole source contract
17shall be provided to the Procurement Policy Board and published
18in the online electronic Bulletin at least 14 calendar days
19before the public hearing required in subsection (a). The
20notice shall include the sole source procurement justification
21form prescribed by the Board, a description of the item to be
22procured, the intended sole source contractor, and the date,
23time, and location of the public hearing. A copy of the notice
24and all documents provided at the hearing shall be included in
25the subsequent Procurement Bulletin.
26 (d) By August 1 each year, each chief procurement officer

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1shall file a report with the General Assembly identifying each
2contract the officer sought under the sole source procurement
3method and providing the justification given for seeking sole
4source as the procurement method for each of those contracts.
5(Source: P.A. 97-895, eff. 8-3-12; 98-1076, eff. 1-1-15.)
6 (30 ILCS 500/20-30)
7 Sec. 20-30. Emergency purchases.
8 (a) Conditions for use. In accordance with standards set by
9rule, a purchasing agency may make emergency procurements
10without competitive sealed bidding or prior notice when there
11exists a threat to public health or public safety, or when
12immediate expenditure is necessary for repairs to State
13property in order to protect against further loss of or damage
14to State property, to prevent or minimize serious disruption in
15critical State services that affect health, safety, or
16collection of substantial State revenues, or to ensure the
17integrity of State records; provided, however, that the term of
18the emergency purchase shall be limited to the time reasonably
19needed for a competitive procurement, not to exceed 90 calendar
20days. A contract may be extended beyond 90 calendar days if the
21chief procurement officer determines additional time is
22necessary and that the contract scope and duration are limited
23to the emergency. Prior to execution of the extension, the
24chief procurement officer must hold a public hearing and
25provide written justification for all emergency contracts.

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1Members of the public may present testimony. Emergency
2procurements shall be made with as much competition as is
3practicable under the circumstances. A written description of
4the basis for the emergency and reasons for the selection of
5the particular contractor shall be included in the contract
6file.
7 (b) Notice. Notice of all emergency procurements shall be
8provided to the Procurement Policy Board and published in the
9online electronic Bulletin no later than 5 calendar days after
10the contract is awarded. Notice of intent to extend an
11emergency contract shall be provided to the Procurement Policy
12Board and published in the online electronic Bulletin at least
1314 calendar days before the public hearing. Notice shall
14include at least a description of the need for the emergency
15purchase, the contractor, and if applicable, the date, time,
16and location of the public hearing. A copy of this notice and
17all documents provided at the hearing shall be included in the
18subsequent Procurement Bulletin. Before the next appropriate
19volume of the Illinois Procurement Bulletin, the purchasing
20agency shall publish in the Illinois Procurement Bulletin a
21copy of each written description and reasons and the total cost
22of each emergency procurement made during the previous month.
23When only an estimate of the total cost is known at the time of
24publication, the estimate shall be identified as an estimate
25and published. When the actual total cost is determined, it
26shall also be published in like manner before the 10th day of

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1the next succeeding month.
2 (c) Statements Affidavits. A chief procurement officer
3making a procurement under this Section shall file statements
4affidavits with the Procurement Policy Board and the Auditor
5General within 10 calendar days after the procurement setting
6forth the amount expended, the name of the contractor involved,
7and the conditions and circumstances requiring the emergency
8procurement. When only an estimate of the cost is available
9within 10 calendar days after the procurement, the actual cost
10shall be reported immediately after it is determined. At the
11end of each fiscal quarter, the Auditor General shall file with
12the Legislative Audit Commission and the Governor a complete
13listing of all emergency procurements reported during that
14fiscal quarter. The Legislative Audit Commission shall review
15the emergency procurements so reported and, in its annual
16reports, advise the General Assembly of procurements that
17appear to constitute an abuse of this Section.
18 (d) Quick purchases. The chief procurement officer may
19promulgate rules extending the circumstances by which a
20purchasing agency may make purchases under this Section,
21including but not limited to the procurement of items available
22at a discount for a limited period of time.
23 (e) The changes to this Section made by this amendatory Act
24of the 96th General Assembly apply to procurements executed on
25or after its effective date.
26(Source: P.A. 98-1076, eff. 1-1-15.)

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1 (30 ILCS 500/20-43)
2 Sec. 20-43. Bidder or offeror authorized to transact
3business or conduct affairs do business in Illinois. In
4addition to meeting any other requirement of law or rule, a
5person (other than an individual acting as a sole proprietor)
6may qualify as a bidder or offeror under this Code only if the
7person is a legal entity prior to submitting the bid, offer, or
8proposal. The legal entity must be authorized to transact
9business or conduct affairs in Illinois prior to execution of
10the contract submitting the bid, offer, or proposal. This
11Section shall not apply to construction contracts that are
12subject to the requirements of Sections 30-20 and 33-10 of this
13Code. The pre-qualification requirements of Sections 30-20 and
1433-10 of this Code shall include the requirement that the
15bidder be registered with the Secretary of State.
16(Source: P.A. 98-1076, eff. 1-1-15.)
17 (30 ILCS 500/20-80)
18 Sec. 20-80. Contract files.
19 (a) Written determinations. All written determinations
20required under this Article shall be placed in the contract
21file maintained by the chief procurement officer.
22 (b) Filing with Comptroller. Whenever a grant, defined
23pursuant to accounting standards established by the
24Comptroller, or a contract liability, except for: (1) contracts

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1paid from personal services, or (2) contracts between the State
2and its employees to defer compensation in accordance with
3Article 24 of the Illinois Pension Code, exceeding $20,000 is
4incurred by any State agency, a copy of the contract, purchase
5order, grant, or lease shall be filed with the Comptroller
6within 30 calendar days thereafter. Beginning January 1, 2013,
7the Comptroller may require that contracts and grants required
8to be filed with the Comptroller under this Section shall be
9filed electronically, unless the agency is incapable of filing
10the contract or grant electronically because it does not
11possess the necessary technology or equipment. Any State agency
12that is incapable of electronically filing its contracts or
13grants shall submit a written statement to the Governor and to
14the Comptroller attesting to the reasons for its inability to
15comply. This statement shall include a discussion of what the
16State agency needs in order to effectively comply with this
17Section. Prior to requiring electronic filing, the Comptroller
18shall consult with the Governor as to the feasibility of
19establishing mutually agreeable technical standards for the
20electronic document imaging, storage, and transfer of
21contracts and grants, taking into consideration the technology
22available to that agency, best practices, and the technological
23capabilities of State agencies. Nothing in this amendatory Act
24of the 97th General Assembly shall be construed to impede the
25implementation of an Enterprise Resource Planning (ERP)
26system. For each State contract for goods, supplies, or

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1services awarded on or after July 1, 2010, the contracting
2agency shall provide the applicable rate and unit of
3measurement of the goods, supplies, or services on the contract
4obligation document as required by the Comptroller. If the
5contract obligation document that is submitted to the
6Comptroller contains the rate and unit of measurement of the
7goods, supplies, or services, the Comptroller shall provide
8that information on his or her official website. Any
9cancellation or modification to any such contract liability
10shall be filed with the Comptroller within 30 calendar days of
11its execution.
12 (c) Late filing affidavit. When a contract, purchase order,
13grant, or lease required to be filed by this Section has not
14been filed within 30 calendar days of execution, the
15Comptroller shall refuse to issue a warrant for payment
16thereunder until the agency files with the Comptroller the
17contract, purchase order, grant, or lease and an affidavit,
18signed by the chief executive officer of the agency or his or
19her designee, setting forth an explanation of why the contract
20liability was not filed within 30 calendar days of execution. A
21copy of this affidavit shall be filed with the Auditor General.
22 (d) Timely execution of contracts. Except as set forth in
23subsection (b) of this Section, no No voucher shall be
24submitted to the Comptroller for a warrant to be drawn for the
25payment of money from the State treasury or from other funds
26held by the State Treasurer on account of any contract unless

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1the contract is reduced to writing before the services are
2performed and filed with the Comptroller. Contractors Vendors
3shall not be paid for any supplies goods that were received or
4services that were rendered before the contract was reduced to
5writing and signed by all necessary parties. A chief
6procurement officer may request an exception to this subsection
7by submitting a written statement to the Comptroller and
8Treasurer setting forth the circumstances and reasons why the
9contract could not be reduced to writing before the supplies
10were received or services were performed. A waiver of this
11subsection must be approved by the Comptroller and Treasurer.
12This Section shall not apply to emergency purchases if notice
13of the emergency purchase is filed with the Procurement Policy
14Board and published in the Bulletin as required by this Code.
15 (e) Method of source selection. When a contract is filed
16with the Comptroller under this Section, the Comptroller's file
17shall identify the method of source selection used in obtaining
18the contract.
19(Source: P.A. 97-932, eff. 8-10-12; 98-1076, eff. 1-1-15.)
20 (30 ILCS 500/20-160)
21 Sec. 20-160. Business entities; certification;
22registration with the State Board of Elections.
23 (a) For purposes of this Section, the terms "business
24entity", "contract", "State contract", "contract with a State
25agency", "State agency", "affiliated entity", and "affiliated

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1person" have the meanings ascribed to those terms in Section
250-37.
3 (b) Every bid and offer submitted to and every contract
4executed by the State on or after January 1, 2009 (the
5effective date of Public Act 95-971) and every submission to a
6vendor portal shall contain (1) a certification by the bidder,
7offeror, vendor, or contractor that either (i) the bidder,
8offeror, vendor, or contractor is not required to register as a
9business entity with the State Board of Elections pursuant to
10this Section or (ii) the bidder, offeror, vendor, or contractor
11has registered as a business entity with the State Board of
12Elections and acknowledges a continuing duty to update the
13registration and (2) a statement that the contract is voidable
14under Section 50-60 for the bidder's, offeror's, vendor's, or
15contractor's failure to comply with this Section.
16 (c) Each business entity (i) whose aggregate bids and
17proposals on State contracts annually total more than $50,000,
18(ii) whose aggregate bids and proposals on State contracts
19combined with the business entity's aggregate annual total
20value of State contracts exceed $50,000, or (iii) whose
21contracts with State agencies, in the aggregate, annually total
22more than $50,000 shall register with the State Board of
23Elections in accordance with Section 9-35 of the Election Code.
24A business entity required to register under this subsection
25due to item (i) or (ii) has a continuing duty to ensure that
26the registration is accurate during the period beginning on the

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

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1in the aggregate, annually total more than $50,000 must
2maintain its registration under this Section and has a
3continuing duty to ensure that the registration is accurate for
4the duration of the term of office of the incumbent
5officeholder awarding the contracts or for a period of 2 years
6following the expiration or termination of the contracts,
7whichever is longer. A business entity, required to register
8under this subsection, has a continuing duty to report any
9changes on a quarterly basis to the State Board of Elections
10within 14 calendar days following the last day of January,
11April, July, and October of each year. Any update pursuant to
12this paragraph that is received beyond that date is presumed
13late and the civil penalty authorized by subsection (e) of
14Section 9-35 of the Election Code (10 ILCS 5/9-35) may be
15assessed.
16 Also, if a business entity required to register under this
17subsection has a pending bid or offer, any change in
18information shall be reported to the State Board of Elections
19within 7 calendar days following such change or no later than a
20day before the contract is awarded, whichever date is earlier.
21 (f) A business entity's continuing duty under this Section
22to ensure the accuracy of its registration includes the
23requirement that the business entity notify the State Board of
24Elections of any change in information, including but not
25limited to changes of affiliated entities or affiliated
26persons.

SB0008 Enrolled- 78 -LRB100 06368 MLM 16407 b
1 (g) For any bid or offer for a contract with a State agency
2by a business entity required to register under this Section,
3the chief procurement officer shall verify that the business
4entity is required to register under this Section and is in
5compliance with the registration requirements on the date the
6bid or offer is due. A chief procurement officer shall not
7accept a bid or offer if the business entity is not in
8compliance with the registration requirements as of the date
9bids or offers are due. Upon discovery of noncompliance with
10this Section, if the bidder or offeror made a good faith effort
11to comply with registration efforts prior to the date the bid
12or offer is due, a chief procurement officer may provide the
13bidder or offeror 5 business days to achieve compliance. A
14chief procurement officer may extend the time to prove
15compliance by as long as necessary in the event that there is a
16failure within the State Board of Election's registration
17system.
18 (h) A registration, and any changes to a registration, must
19include the business entity's verification of accuracy and
20subjects the business entity to the penalties of the laws of
21this State for perjury.
22 In addition to any penalty under Section 9-35 of the
23Election Code, intentional, willful, or material failure to
24disclose information required for registration shall render
25the contract, bid, offer, or other procurement relationship
26voidable by the chief procurement officer if he or she deems it

SB0008 Enrolled- 79 -LRB100 06368 MLM 16407 b
1to be in the best interest of the State of Illinois.
2 (i) This Section applies regardless of the method of source
3selection used in awarding the contract.
4(Source: P.A. 97-333, eff. 8-12-11; 97-895, eff. 8-3-12;
598-1076, eff. 1-1-15.)
6 (30 ILCS 500/25-35)
7 Sec. 25-35. Purchase of coal and postage stamps.
8 (a) Delivery of necessary supplies. To avoid interruption
9or impediment of delivery of necessary supplies, commodities,
10and coal, State purchasing officers may approve a State
11agency's make purchases of or contracts for supplies and
12commodities after April 30 of a fiscal year when delivery of
13the supplies and commodities is to be made after June 30 of
14that fiscal year and payment for which is to be made from
15appropriations for the next fiscal year.
16 (b) Postage. All postage stamps purchased from State funds
17must be perforated for identification purposes. A General
18Assembly member may furnish the U.S. Post Office with a warrant
19so as to allow for the creation or continuation of a bulk rate
20mailing fund in the name of the General Assembly member or may
21furnish a postage meter company or post office with a warrant
22so as to facilitate the purchase of a postage meter and its
23stamps. Any postage meter so purchased must also contain a
24stamp that shall state "Official State Mail".
25(Source: P.A. 90-572, eff. date - See Sec. 99-5.)

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

SB0008 Enrolled- 81 -LRB100 06368 MLM 16407 b
1for heavy mobile fleet vehicles and off-road construction
2equipment for use by the department or institution by means of
3best value procurement, using specifications and criteria
4developed in consultation with the Chief Procurement Officer of
5each designated department or institution and conducted in
6accordance with Section 20-15 of this Code.
7 (d) In addition to disclosure of the minimum requirements
8for qualification, the solicitation document shall specify
9which business performance measures, in addition to price,
10shall be given a weighted value. The solicitation shall include
11a scoring method based on those factors and price in
12determining the successful offeror. Any evaluation and scoring
13method shall ensure substantial weight is given to the contract
14price.
15 (e) Upon written request of any person who has submitted an
16offer, notice of the award shall be posted in a public place in
17the offices of the department or institution at least 24 hours
18before executing the contract or purchase order. If, before
19making an award, any offeror who has submitted a bid files a
20protest with the department or institution against the awarding
21of the contract or purchase order on the ground that his or her
22offer should have been selected in accordance with the
23selection criteria in the solicitation document, the contract
24or purchase order shall not be awarded until either the protest
25has been withdrawn or the appropriate Chief Procurement Officer
26has made a final decision as to the action to be taken relative

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1to the protest. Within 10 days after filing a protest, the
2protesting offeror shall file with the Chief Procurement
3Officer a full and complete written statement specifying in
4detail the ground of the protest and the facts in support
5thereof.
6 (f) The total annual value of vehicles and equipment
7purchased through best value procurement pursuant to this
8Section shall be limited to $20,000,000 per each department or
9institution.
10 (g) Best value procurement shall only be used on
11procurements first solicited on or before June 30, 2020.
12 (h) On or before January 1, 2021, the Chief Procurement
13Officer of each designated department or institution shall
14prepare an evaluation of the best value procurement pilot
15program authorized by this Section, including a recommendation
16on whether or not the process should be continued. The
17evaluation shall be posted in the applicable volume or volumes
18of the Illinois Procurement Bulletin on or before January 1,
192021.
20 (i) This Section is repealed on January 1, 2021.
21 (30 ILCS 500/35-15)
22 Sec. 35-15. Prequalification.
23 (a) The chief procurement officer for matters other than
24construction and the higher education chief procurement
25officer shall each develop appropriate and reasonable

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1prequalification standards and categories of professional and
2artistic services.
3 (b) The prequalifications and categorizations shall be
4submitted to the Procurement Policy Board and published for
5public comment prior to their submission to the Joint Committee
6on Administrative Rules for approval.
7 (c) The chief procurement officer for matters other than
8construction and the higher education chief procurement
9officer shall each also assemble and maintain a comprehensive
10list of prequalified and categorized businesses and persons.
11 (d) Prequalification shall not be used to bar or prevent
12any qualified business or person from for bidding or responding
13to invitations for bid or requests for proposal.
14(Source: P.A. 95-481, eff. 8-28-07; 96-920, eff. 7-1-10.)
15 (30 ILCS 500/35-30)
16 Sec. 35-30. Awards.
17 (a) All State contracts for professional and artistic
18services, except as provided in this Section, shall be awarded
19using the competitive request for proposal process outlined in
20this Section.
21 (b) For each contract offered, the chief procurement
22officer, State purchasing officer, or his or her designee shall
23use the appropriate standard solicitation forms available from
24the chief procurement officer for matters other than
25construction or the higher education chief procurement

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1officer.
2 (c) Prepared forms shall be submitted to the chief
3procurement officer for matters other than construction or the
4higher education chief procurement officer, whichever is
5appropriate, for publication in its Illinois Procurement
6Bulletin and circulation to the chief procurement officer for
7matters other than construction or the higher education chief
8procurement officer's list of prequalified vendors. Notice of
9the offer or request for proposal shall appear at least 14
10calendar days before the response to the offer is due.
11 (d) All interested respondents shall return their
12responses to the chief procurement officer for matters other
13than construction or the higher education chief procurement
14officer, whichever is appropriate, which shall open and record
15them. The chief procurement officer for matters other than
16construction or higher education chief procurement officer
17then shall forward the responses, together with any information
18it has available about the qualifications and other State work
19of the respondents.
20 (e) After evaluation, ranking, and selection, the
21responsible chief procurement officer, State purchasing
22officer, or his or her designee shall notify the chief
23procurement officer for matters other than construction or the
24higher education chief procurement officer, whichever is
25appropriate, of the successful respondent and shall forward a
26copy of the signed contract for the chief procurement officer

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1for matters other than construction or higher education chief
2procurement officer's file. The chief procurement officer for
3matters other than construction or higher education chief
4procurement officer shall publish the names of the responsible
5procurement decision-maker, the agency letting the contract,
6the successful respondent, a contract reference, and value of
7the let contract in the next appropriate volume of the Illinois
8Procurement Bulletin.
9 (f) For all professional and artistic contracts with
10annualized value that exceeds $100,000 $25,000, evaluation and
11ranking by price are required. Any chief procurement officer or
12State purchasing officer, but not their designees, may select a
13respondent other than the lowest respondent by price. In any
14case, when the contract exceeds the $100,000 $25,000 threshold
15and the lowest respondent is not selected, the chief
16procurement officer or the State purchasing officer shall
17forward together with the contract notice of who the low
18respondent by price was and a written decision as to why
19another was selected to the chief procurement officer for
20matters other than construction or the higher education chief
21procurement officer, whichever is appropriate. The chief
22procurement officer for matters other than construction or
23higher education chief procurement officer shall publish as
24provided in subsection (e) of Section 35-30, but shall include
25notice of the chief procurement officer's or State purchasing
26officer's written decision.

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1 (g) The chief procurement officer for matters other than
2construction and higher education chief procurement officer
3may each refine, but not contradict, this Section by
4promulgating rules for submission to the Procurement Policy
5Board and then to the Joint Committee on Administrative Rules.
6Any refinement shall be based on the principles and procedures
7of the federal Architect-Engineer Selection Law, Public Law
892-582 Brooks Act, and the Architectural, Engineering, and Land
9Surveying Qualifications Based Selection Act; except that
10pricing shall be an integral part of the selection process.
11(Source: P.A. 98-1076, eff. 1-1-15.)
12 (30 ILCS 500/35-35)
13 Sec. 35-35. Exceptions.
14 (a) Exceptions to Section 35-30 are allowed for sole source
15procurements, emergency procurements, and at the discretion of
16the chief procurement officer or the State purchasing officer,
17but not their designees, for professional and artistic
18contracts that are nonrenewable, one year or less in duration,
19and have a value of less than $100,000 $20,000.
20 (b) All exceptions granted under this Article must still be
21submitted to the chief procurement officer for matters other
22than construction or the higher education chief procurement
23officer, whichever is appropriate, and published as provided
24for in subsection (f) of Section 35-30, shall name the
25authorizing chief procurement officer or State purchasing

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1officer, and shall include a brief explanation of the reason
2for the exception.
3(Source: P.A. 95-481, eff. 8-28-07; 96-920, eff. 7-1-10.)
4 (30 ILCS 500/40-30)
5 Sec. 40-30. Purchase option. Leases Initial leases of all
6space in entire, free-standing buildings shall include an
7option to purchase exercisable exerciseable by the State,
8unless the purchasing officer determines that inclusion of such
9purchase option is not in the State's best interest and makes
10that determination in writing along with the reasons for making
11that determination and publishes the written determination in
12the appropriate volume of the Illinois Procurement Bulletin.
13Leases from governmental units and not-for-profit entities are
14exempt from the requirements of this Section.
15(Source: P.A. 90-572, eff. date - See Sec. 99-5; revised
169-9-16.)
17 (30 ILCS 500/45-15)
18 Sec. 45-15. Soybean oil-based ink and vegetable oil-based
19ink.
20 (a) As used in this Section:
21 "Digital printing" means a printing method which includes,
22but is not limited to, the electrostatic process of
23transferring ink or toner to a substrate. This process may
24involve the use of photo imaging plates, photoreceptor drums,

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1or belts which hold an electrostatic charge. "Digital printing"
2is also defined as a process of transferring ink through a
3print head directly to a substrate, as is done with ink-jet
4printers.
5 "Offset printing" means lithography, flexography, gravure,
6or letterpress. "Offset printing" involves the process of
7transferring ink through static or fixed image plates using an
8impact method of pressing ink into a substrate.
9 (b) Contracts requiring the procurement of offset printing
10services shall specify the use of soybean oil-based ink or
11vegetable oil-based ink unless a State purchasing officer
12determines that another type of ink is required to assure high
13quality and reasonable pricing of the printed product.
14 This Section does not apply to digital printing services.
15(Source: P.A. 90-572, eff. date - See Sec. 99-5.)
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

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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

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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

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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. Each The chief procurement
6officer shall designate one or more individuals a State
7purchasing officer who will be responsible for engaging an
8experienced contract negotiator to serve as its small business
9specialist. The small business specialists shall collectively
10work together to accomplish the following duties , whose duties
11shall include:
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.

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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 November December 1 report
7in writing 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

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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 Enrolled- 94 -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 Enrolled- 95 -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 Enrolled- 96 -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 Enrolled- 97 -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 Enrolled- 98 -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 Enrolled- 99 -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 Enrolled- 100 -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 500/45-90 new)
9 Sec. 45-90. Small business contracts.
10 (a) Not less than 10% of the total dollar amount of State
11contracts shall be established as a goal to be awarded as a
12contract or subcontract to small businesses.
13 (b) The percentage in subsection (a) relates to the total
14dollar amount of State contracts during each State fiscal year,
15calculated by examining independently each type of contract for
16each State official or agency which lets such contracts.
17 (c) Each State agency shall file with its chief procurement
18officer an annual compliance plan which shall outline the goals
19for contracting with small businesses for the then-current
20fiscal year, the manner in which the agency intends to reach
21these goals, and a timetable for reaching these goals. The
22chief procurement officer shall review and approve the plan of
23the agency and may reject any plan that does not comply with
24this Section.
25 (d) Each State agency shall file with its chief procurement

SB0008 Enrolled- 101 -LRB100 06368 MLM 16407 b
1officer an annual report of its utilization of small businesses
2during the preceding fiscal year, including lapse period
3spending and a mid-fiscal year report of its utilization to
4date for the then-current fiscal year. The reports shall
5include a self-evaluation of the efforts of the State official
6or agency to meet its goals.
7 (e) The chief procurement officers shall make public
8presentations, at least once a year, directed at providing
9information to small businesses about the contracting process
10and how to apply for contracts or subcontracts.
11 (f) Each chief procurement officer shall file, no later
12than November 1 of each year, an annual report with the
13Governor and the General Assembly that shall include, but need
14not be limited to, the following:
15 (1) a summary of the number of contracts awarded and
16 the average contract amount by each State official or
17 agency; and
18 (2) an analysis of the level of overall goal
19 achievement concerning purchases from small businesses.
20 (g) Each chief procurement officer may adopt rules to
21implement and administer this Section.
22 (30 ILCS 500/50-2)
23 Sec. 50-2. Continuing disclosure; false certification.
24Every person that has entered into a multi-year contract for
25more than one year in duration for the initial term or for any

SB0008 Enrolled- 102 -LRB100 06368 MLM 16407 b
1renewal term and every subcontractor with a multi-year
2subcontract shall certify, by January July 1 of each fiscal
3year covered by the contract after the initial fiscal year, to
4the responsible chief procurement officer or, if the
5procurement is under the authority of a chief procurement
6officer, the applicable procurement officer of any changes that
7affect its ability whether it continues to satisfy the
8requirements of this Article pertaining to eligibility for a
9contract award. If a contractor or subcontractor continues to
10meet all requirements of this Article, it shall not be required
11to submit any certification or if the work under the contract
12has been substantially completed before contract expiration
13but the contract has not yet expired. If a contractor or
14subcontractor is not able to truthfully certify that it
15continues to meet all requirements, it shall provide with its
16certification a detailed explanation of the circumstances
17leading to the change in certification status. A contractor or
18subcontractor that makes a false statement material to any
19given certification required under this Article is, in addition
20to any other penalties or consequences prescribed by law,
21subject to liability under the Illinois False Claims Act for
22submission of a false claim.
23(Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793
24for the effective date of P.A. 96-795); 96-1304, eff. 7-27-10.)
25 (30 ILCS 500/50-10)

SB0008 Enrolled- 103 -LRB100 06368 MLM 16407 b
1 Sec. 50-10. Felons.
2 (a) Unless otherwise provided, no person or business
3convicted of a felony shall do business with the State of
4Illinois or any State agency, or enter into a subcontract, from
5the date of conviction until 5 years after the date of
6completion of the sentence for that felony, unless no person
7held responsible by a prosecutorial office for the facts upon
8which the conviction was based continues to have any
9involvement with the business.
10 For purposes of this subsection (a), "completion of
11sentence" means completion of all sentencing related to the
12felony conviction or admission and includes, but is not limited
13to, the following: incarceration, mandatory supervised
14release, probation, work release, house arrest, or commitment
15to a mental facility.
16 (b) Every bid or offer submitted to the State, every
17contract executed by the State, every subcontract subject to
18Section 20-120 of this Code, and every vendor's submission to a
19vendor portal shall contain a certification by the bidder,
20offeror, potential contractor, contractor, or subcontractor,
21respectively, that the bidder, offeror, potential contractor,
22contractor, or subcontractor is not barred from being awarded a
23contract or subcontract under this Section and acknowledges
24that the chief procurement officer may declare the related
25contract void if any of the certifications required by this
26Section are false. If the false certification is made by a

SB0008 Enrolled- 104 -LRB100 06368 MLM 16407 b
1subcontractor, then the contractor's submitted bid or offer and
2the executed contract may not be declared void, unless the
3contractor refuses to terminate the subcontract upon the
4State's request after a finding that the subcontract's
5certification was false.
6(Source: P.A. 97-895, eff. 8-3-12; 98-1076, eff. 1-1-15.)
7 (30 ILCS 500/50-10.5)
8 Sec. 50-10.5. Prohibited bidders, offerors, potential
9contractors, and contractors.
10 (a) Unless otherwise provided, no business shall bid,
11offer, enter into a contract or subcontract under this Code, or
12make a submission to a vendor portal if the business or any
13officer, director, partner, or other managerial agent of the
14business has been convicted of a felony under the
15Sarbanes-Oxley Act of 2002 or a Class 3 or Class 2 felony under
16the Illinois Securities Law of 1953 for a period of 5 years
17from the date of conviction.
18 (b) Every bid and offer submitted to the State, every
19contract executed by the State, every vendor's submission to a
20vendor portal, and every subcontract subject to Section 20-120
21of this Code shall contain a certification by the bidder,
22offeror, potential contractor, contractor, or subcontractor,
23respectively, that the bidder, offeror, potential contractor,
24contractor, or subcontractor is not barred from being awarded a
25contract or subcontract under this Section and acknowledges

SB0008 Enrolled- 105 -LRB100 06368 MLM 16407 b
1that the chief procurement officer shall declare the related
2contract void if any of the certifications completed pursuant
3to this subsection (b) are false. If the false certification is
4made by a subcontractor, then the contractor's submitted bid or
5offer and the executed contract may not be declared void,
6unless the contractor refuses to terminate the subcontract upon
7the State's request after a finding that the subcontract's
8certification was false.
9 (c) If a business is not a natural person, the prohibition
10in subsection (a) applies only if:
11 (1) the business itself is convicted of a felony
12 referenced in subsection (a); or
13 (2) the business is ordered to pay punitive damages
14 based on the conduct of any officer, director, partner, or
15 other managerial agent who has been convicted of a felony
16 referenced in subsection (a).
17 (d) A natural person who is convicted of a felony
18referenced in subsection (a) remains subject to Section 50-10.
19 (e) No person or business shall bid, offer, make a
20submission to a vendor portal, or enter into a contract under
21this Code if the person or business assisted an employee of the
22State of Illinois, who, by the nature of his or her duties, has
23the authority to participate personally and substantially in
24the decision to award a State contract, by reviewing, drafting,
25directing, or preparing any invitation for bids, a request for
26proposal, or request for information or provided similar

SB0008 Enrolled- 106 -LRB100 06368 MLM 16407 b
1assistance except as part of a publicly issued opportunity to
2review drafts of all or part of these documents.
3 This subsection does not prohibit a person or business from
4submitting a bid or offer or entering into a contract if the
5person or business: (i) initiates a communication with an
6employee to provide general information about products,
7services, or industry best practices, and, if applicable, that
8communication is documented in accordance with Section 50-39 or
9(ii) responds to a communication initiated by an employee of
10the State for the purposes of providing information to evaluate
11new products, trends, services, or technologies, or (iii) asks
12for clarification regarding a solicitation, so long as there is
13no competitive advantage to the person or business and the
14question and answer, if material, are posted to the Illinois
15Procurement Bulletin as an addendum to the solicitation.
16 Nothing in this Section prohibits a vendor developing
17technology, goods, or services from bidding or offering to
18supply that technology or those goods or services if the
19subject demonstrated to the State represents industry trends
20and innovation and is not specifically designed to meet the
21State's needs.
22 Nothing in this Section prohibits a person performing
23construction-related services from initiating contact with a
24business that performs construction for the purpose of
25obtaining market costs or production time to determine the
26estimated costs to complete the construction project.

SB0008 Enrolled- 107 -LRB100 06368 MLM 16407 b
1 For purposes of this subsection (e), "business" includes
2all individuals with whom a business is affiliated, including,
3but not limited to, any officer, agent, employee, consultant,
4independent contractor, director, partner, or manager of a
5business.
6 No person or business shall submit specifications to a
7State agency unless requested to do so by an employee of the
8State. No person or business who contracts with a State agency
9to write specifications for a particular procurement need shall
10submit a bid or proposal or receive a contract for that
11procurement need.
12(Source: P.A. 97-895, eff. 8-3-12; 98-1076, eff. 1-1-15.)
13 (30 ILCS 500/50-39)
14 Sec. 50-39. Procurement communications reporting
15requirement.
16 (a) Any written or oral communication received by a State
17employee who, by the nature of his or her duties, has the
18authority to participate personally and substantially in the
19decision to award a State contract and that imparts or requests
20material information or makes a material argument regarding
21potential action concerning an active procurement matter,
22including, but not limited to, an application, a contract, or a
23project, shall be reported to the Procurement Policy Board,
24and, with respect to the Illinois Power Agency, by the
25initiator of the communication, and may be reported also by the

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1recipient.
2 Any person communicating orally, in writing,
3electronically, or otherwise with the Director or any person
4employed by, or associated with, the Illinois Power Agency to
5impart, solicit, or transfer any information related to the
6content of any power procurement plan, the manner of conducting
7any power procurement process, the procurement of any power
8supply, or the method or structure of contracting with power
9suppliers must disclose to the Procurement Policy Board the
10full nature, content, and extent of any such communication in
11writing by submitting a report with the following information:
12 (1) The names of any party to the communication.
13 (2) The date on which the communication occurred.
14 (3) The time at which the communication occurred.
15 (4) The duration of the communication.
16 (5) The method (written, oral, etc.) of the
17 communication.
18 (6) A summary of the substantive content of the
19 communication.
20 These communications do not include the following: (i)
21statements by a person publicly made in a public forum; (ii)
22statements regarding matters of procedure and practice, such as
23format, the number of copies required, the manner of filing,
24and the status of a matter; (iii) statements made by a State
25employee of the agency to the agency head or other employees of
26that agency, to the employees of the Executive Ethics

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1Commission, or to an employee of another State agency who,
2through the communication, is either (a) exercising his or her
3experience or expertise in the subject matter of the particular
4procurement in the normal course of business, for official
5purposes, and at the initiation of the purchasing agency or the
6appropriate State purchasing officer, or (b) exercising
7oversight, supervisory, or management authority over the
8procurement in the normal course of business and as part of
9official responsibilities; (iv) unsolicited communications
10providing general information about products, services, or
11industry best practices before those products or services
12become involved in a procurement matter; (v) communications
13received in response to procurement solicitations, including,
14but not limited to, vendor responses to a request for
15information, request for proposal, request for qualifications,
16invitation for bid, or a small purchase, sole source, or
17emergency solicitation, or questions and answers posted to the
18Illinois Procurement Bulletin to supplement the procurement
19action, provided that the communications are made in accordance
20with the instructions contained in the procurement
21solicitation, procedures, or guidelines; (vi) communications
22that are privileged, protected, or confidential under law; and
23(vii) communications that are part of a formal procurement
24process as set out by statute, rule, or the solicitation,
25guidelines, or procedures, including, but not limited to, the
26posting of procurement opportunities, the process for

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1approving a procurement business case or its equivalent, fiscal
2approval, submission of bids, the finalizing of contract terms
3and conditions with an awardee or apparent awardee, and similar
4formal procurement processes. The provisions of this Section
5shall not apply to communications regarding the administration
6and implementation of an existing contract, except
7communications regarding change orders or the renewal or
8extension of a contract.
9 The reporting requirement does not apply to any
10communication asking for clarification regarding a contract
11solicitation so long as there is no competitive advantage to
12the person or business and the question and answer, if
13material, are posted to the Illinois Procurement Bulletin as an
14addendum to the contract solicitation.
15 (b) The report required by subsection (a) shall be
16submitted monthly and include at least the following: (i) the
17date and time of each communication; (ii) the identity of each
18person from whom the written or oral communication was
19received, the individual or entity represented by that person,
20and any action the person requested or recommended; (iii) the
21identity and job title of the person to whom each communication
22was made; (iv) if a response is made, the identity and job
23title of the person making each response; (v) a detailed
24summary of the points made by each person involved in the
25communication; (vi) the duration of the communication; (vii)
26the location or locations of all persons involved in the

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1communication and, if the communication occurred by telephone,
2the telephone numbers for the callers and recipients of the
3communication; and (viii) any other pertinent information. No
4trade secrets or other proprietary or confidential information
5shall be included in any communication reported to the
6Procurement Policy Board.
7 (c) Additionally, when an oral communication made by a
8person required to register under the Lobbyist Registration Act
9is received by a State employee that is covered under this
10Section, all individuals who initiate or participate in the
11oral communication shall submit a written report to that State
12employee that memorializes the communication and includes, but
13is not limited to, the items listed in subsection (b).
14 (d) The Procurement Policy Board shall make each report
15submitted pursuant to this Section available on its website
16within 7 calendar days after its receipt of the report. The
17Procurement Policy Board may promulgate rules to ensure
18compliance with this Section.
19 (e) The reporting requirements shall also be conveyed
20through ethics training under the State Officials and Employees
21Ethics Act. An employee who knowingly and intentionally
22violates this Section shall be subject to suspension or
23discharge. The Executive Ethics Commission shall promulgate
24rules, including emergency rules, to implement this Section.
25 (f) This Section becomes operative on January 1, 2011.
26 (g) For purposes of this Section:

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1 "Active procurement matter" means a procurement process
2beginning with requisition or determination of need by an
3agency and continuing through the publication of an award
4notice or other completion of a final procurement action, the
5resolution of any protests, and the expiration of any protest
6or Procurement Policy Board review period, if applicable.
7"Active procurement matter" also includes communications
8relating to change orders, renewals, or extensions.
9 "Material information" means information that a reasonable
10person would deem important in determining his or her course of
11action and pertains to significant issues, including, but not
12limited to, price, quantity, and terms of payment or
13performance.
14 "Material argument" means a communication that a
15reasonable person would believe was made for the purpose of
16influencing a decision relating to a procurement matter.
17"Material argument" does not include general information about
18products, services, or industry best practices or a response to
19a communication initiated by an employee of the State for the
20purposes of providing information to evaluate new products,
21trends, services, or technologies.
22(Source: P.A. 97-333, eff. 8-12-11; 97-618, eff. 10-26-11;
2397-895, eff. 8-3-12; 98-1076, eff. 1-1-15.)
24 (30 ILCS 500/50-40)
25 Sec. 50-40. Reporting and anticompetitive practices. When,

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1for any reason, any vendor, bidder, offeror, potential
2contractor, contractor, chief procurement officer, State
3purchasing officer, designee, elected official, or State
4employee suspects collusion or other anticompetitive practice
5among any bidders, offerors, potential contractors,
6contractors, or employees of the State, a notice of the
7relevant facts shall be transmitted to the appropriate
8Inspector General, the Attorney General, and the chief
9procurement officer.
10(Source: P.A. 98-1076, eff. 1-1-15.)
11 (30 ILCS 500/50-45)
12 Sec. 50-45. Confidentiality. Any chief procurement
13officer, State purchasing officer, designee, or executive
14officer, or State employee who willfully uses or allows the use
15of specifications, competitive solicitation documents,
16proprietary competitive information, contracts, or selection
17information to compromise the fairness or integrity of the
18procurement or contract process shall be subject to immediate
19dismissal, regardless of the Personnel Code, any contract, or
20any collective bargaining agreement, and may in addition be
21subject to criminal prosecution.
22(Source: P.A. 98-1076, eff. 1-1-15.)
23 (30 ILCS 500/53-10)
24 Sec. 53-10. Concessions and leases of State property and

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1no-cost contracts.
2 (a) Except for property under the jurisdiction of a public
3institution of higher education, concessions, including the
4assignment, license, sale, or transfer of interests in or
5rights to discoveries, inventions, patents, or copyrightable
6works, may be entered into by the State agency with
7jurisdiction over the property, whether tangible or
8intangible.
9 (b) Except for property under the jurisdiction of a public
10institution of higher education, all leases of State property
11and concessions shall be reduced to writing and shall be
12awarded under the provisions of Article 20, except that the
13contract shall be awarded to the highest bidder or and best
14bidder or offeror when the State receives a lease payment, a
15percentage of sales from the lessee, or in-kind support from
16the lessee based on the return to the State.
17 (c) Except for property under the jurisdiction of a public
18institution of higher education, all no-cost procurements
19shall be reduced to writing and shall be awarded under the
20provisions of Article 20 of this Code. All awards of no-cost
21procurements shall identify the estimated business value to the
22lessee and the value to the State.
23(Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793
24for the effective date of changes made by P.A. 96-795).)
25 (30 ILCS 503/Act rep.)

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1 Section 20. The Small Business Contracts Act is repealed.
2 Section 25. The Governmental Joint Purchasing Act is
3amended by changing Sections 1, 2, 3, 4, and 4.2 and by adding
4Sections 1.1 and 4.05 as follows:
5 (30 ILCS 525/1) (from Ch. 85, par. 1601)
6 Sec. 1. Definitions. For the purposes of this Act,
7 "Governmental governmental unit" means State of Illinois,
8any State agency as defined in Section 1-15.100 of the Illinois
9Procurement Code, officers of the State of Illinois, any public
10authority which has the power to tax, or any other public
11entity created by statute.
12 "Master contract" means a definite quantity or indefinite
13quantity contract awarded pursuant to this Act against which
14subsequent orders may be placed to meet the needs of a
15governmental unit or qualified not-for-profit agency.
16 "Multiple award" means an award that is made to 2 or more
17bidders or offerors for similar supplies or services.
18(Source: P.A. 98-1076, eff. 1-1-15.)
19 (30 ILCS 525/1.1 new)
20 Sec. 1.1. Joint purchasing programs. Each chief
21procurement officer may establish a joint purchasing program
22and a cooperative purchasing program.

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1 (30 ILCS 525/2) (from Ch. 85, par. 1602)
2 Sec. 2. Joint purchasing authority.
3 (a) Any governmental unit, except a governmental unit
4subject to the jurisdiction of a chief procurement officer
5established in Section 10-20 of the Illinois Procurement Code,
6may purchase personal property, supplies and services jointly
7with one or more other governmental units. All such joint
8purchases shall be by competitive solicitation as provided in
9Section 4 of this Act , except as otherwise provided in this
10Act. The provisions of any other acts under which a
11governmental unit operates which refer to purchases and
12procedures in connection therewith shall be superseded by the
13provisions of this Act when the governmental units are
14exercising the joint powers created by this Act.
15 (a-5) For purchases made by a governmental unit subject to
16the jurisdiction of a chief procurement officer established in
17Section 10-20 of the Illinois Procurement Code, the applicable
18A chief procurement officer established in Section 10-20 of the
19Illinois Procurement Code may authorize the purchase of
20personal property, supplies, and services jointly with a
21governmental unit entity of this State, governmental entity of
22or another state, or with a consortium of governmental entities
23of one or more other states, except as otherwise provided in
24this Act. Subject to provisions of the joint purchasing
25solicitation, the appropriate chief procurement officer may
26designate the resulting contract as available to governmental

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1units in Illinois.
2 (a-10) Each chief procurement officer appointed pursuant
3to Section 10-20 of the Illinois Procurement Code, with joint
4agreement of the respective agency or institution, may
5authorize the purchase or lease of supplies and services which
6have been procured through a competitive process by a federal
7agency; a consortium of governmental, educational, medical,
8research, or similar entities; or a group purchasing
9organization 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
12Services Administration, the Higher Education Cooperation Act,
13and the Midwestern Higher Education Compact Act. Each
14applicable chief procurement officer may authorize purchases
15and contracts which have been procured through other methods of
16procurement if each chief procurement officer determines it is
17in the best interests of the State, considering a
18recommendation by their respective agencies or institutions.
19The chief procurement officer may establish detailed rules,
20policies, and procedures for use of these cooperative
21contracts. Notice of award shall be published by the chief
22procurement officer in the Illinois Procurement Bulletin at
23least prior to use of the contract. Each chief procurement
24officer shall submit to the General Assembly by November 1 of
25each year a report of procurements made under this subsection
26(a-10).

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1 (b) Any not-for-profit agency that qualifies under Section
245-35 of the Illinois Procurement Code and that either (1) acts
3pursuant to a board established by or controlled by a unit of
4local government or (2) receives grant funds from the State or
5from a unit of local government, shall be eligible to
6participate in contracts established by the State.
7 (c) For governmental units subject to the jurisdiction of a
8chief procurement officer established in Section 10-20 of the
9Illinois Procurement Code, if any contract or amendment to a
10contract is entered into or purchase or expenditure of funds is
11made at any time in violation of this Act or any other law, the
12contract or amendment may be declared void by the chief
13procurement officer or may be ratified and affirmed, if the
14chief procurement officer determines that ratification is in
15the best interests of the governmental unit. If the contract or
16amendment is ratified and affirmed, it shall be without
17prejudice to the governmental unit's rights to any appropriate
18damages.
19 (d) This Section does not apply to construction-related
20professional services contracts awarded in accordance with the
21provisions of the Architectural, Engineering, and Land
22Surveying Qualifications Based Selection Act.
23(Source: P.A. 96-584, eff. 1-1-10; 97-895, eff. 8-3-12.)
24 (30 ILCS 525/3) (from Ch. 85, par. 1603)
25 Sec. 3. Conduct of competitive procurement. Under any

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1agreement of governmental units that desire to make joint
2purchases pursuant to subsection (a) of Section 2, one of the
3governmental units shall conduct the competitive procurement
4process. Where the State of Illinois is a party to the joint
5purchase agreement, the appropriate chief procurement officer
6shall conduct or authorize the competitive procurement
7process. Expenses of such competitive procurement process may
8be shared by the participating governmental units in proportion
9to the amount of personal property, supplies or services each
10unit purchases.
11 When the State of Illinois is a party to the joint purchase
12agreement pursuant to subsection (a) of Section 2, the
13acceptance of responses to the competitive procurement process
14shall be in accordance with the Illinois Procurement Code and
15rules promulgated under that Code. When the State of Illinois
16is not a party to the joint purchase agreement, the acceptance
17of responses to the competitive procurement process shall be
18governed by the agreement.
19 When the State of Illinois is a party to a joint purchase
20agreement pursuant to subsection (a-5) of Section 2, the State
21may act as the lead state or as a participant state. When the
22State of Illinois is the lead state, all such joint purchases
23shall be conducted in accordance with the Illinois Procurement
24Code. When the State of Illinois is the lead state, a multiple
25award is allowed. When Illinois is a participant state, all
26such joint purchases shall be conducted in accordance with the

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1procurement laws of the lead state; provided that all such
2joint procurements must be by competitive solicitation
3process. All resulting awards shall be published in the
4appropriate volume of the Illinois Procurement Bulletin as may
5be required by Illinois law governing publication of the
6solicitation, protest, and award of Illinois State contracts.
7Contracts resulting from a joint purchase shall contain all
8provisions required by Illinois law and rule.
9 The personal property, supplies or services involved shall
10be distributed or rendered directly to each governmental unit
11taking part in the purchase. The person selling the personal
12property, supplies or services may bill each governmental unit
13separately for its proportionate share of the cost of the
14personal property, supplies or services purchased.
15 The credit or liability of each governmental unit shall
16remain separate and distinct. Disputes between contractors
17bidders and governmental units or qualified not-for-profit
18agencies shall be resolved between the immediate parties.
19(Source: P.A. 97-895, eff. 8-3-12; 98-1076, eff. 1-1-15.)
20 (30 ILCS 525/4) (from Ch. 85, par. 1604)
21 Sec. 4. Bids, offers, and small purchases. The purchases of
22all personal property, supplies and services under this Act,
23except for small purchases, shall be based on competitive
24solicitations unless, for purchases made pursuant to
25subsection (a) of Section 2 of this Act, it is the

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1determination of the applicable chief procurement officer that
2it is impractical to obtain competition. Purchases pursuant to
3this Section and shall follow the same procedures used for
4competitive solicitations made pursuant to the Illinois
5Procurement Code when the State is a party to the joint
6purchase. For purchases made pursuant to subsection (a) of
7Section 2 of this Act where the applicable chief procurement
8officer makes the determination that it is impractical to
9obtain competition, purchases shall either follow the same
10procedure used for sole source procurements in Section 20-25 of
11the Illinois Procurement Code or the same procedure used for
12emergency purchases in Section 20-30 of the Illinois
13Procurement Code. For purchases pursuant to subsection (a) of
14Section 2, bids and offers shall be solicited by public notice
15inserted at least once in a newspaper of general circulation in
16one of the counties where the materials are to be used and at
17least 5 calendar days before the final date of submitting bids
18or offers, except as otherwise provided in this Section. Where
19the State of Illinois is a party to the joint purchase
20agreement, public notice soliciting the bids or offers shall be
21published in the appropriate volume of the Illinois Procurement
22Bulletin. Such notice shall include a general description of
23the personal property, supplies or services to be purchased and
24shall state where all blanks and specifications may be obtained
25and the time and place for the opening of bids and offers. The
26governmental unit conducting the competitive procurement

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1process may also solicit sealed bids or offers by sending
2requests by mail to potential contractors and by posting
3notices on a public bulletin board in its office. Small
4purchases pursuant to this Section shall follow the same
5procedure used for small purchases in Section 20-20 of the
6Illinois Procurement Code.
7 All purchases, orders or contracts shall be awarded to the
8lowest responsible bidder or highest-ranked offeror, taking
9into consideration the qualities of the articles or services
10supplied, their conformity with the specifications, their
11suitability to the requirements of the participating
12governmental units and the delivery terms.
13 Where the State of Illinois is not a party, all bids or
14offers may be rejected and new bids or offers solicited if one
15or more of the participating governmental units believes the
16public interest may be served thereby. Each bid or offer, with
17the name of the bidder or offeror, shall be entered on a
18record, which record with the successful bid or offer,
19indicated thereon shall, after the award of the purchase or
20order or contract, be open to public inspection. A copy of all
21contracts shall be filed with the purchasing office or clerk or
22secretary of each participating governmental unit.
23(Source: P.A. 97-895, eff. 8-3-12; 98-1076, eff. 1-1-15.)
24 (30 ILCS 525/4.05 new)
25 Sec. 4.05. Other methods of joint purchases.

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1 (a) It may be determined that it is impractical to obtain
2competition because either (i) there is only one
3economically-feasible source for the item or (ii) there is a
4threat to public health or public safety, or when immediate
5expenditure is necessary to prevent or minimize serious
6disruption in critical State services that affect health,
7safety, or collection of substantial State revenues, or to
8ensure the integrity of State records.
9 (b) When the State of Illinois is a party to the joint
10purchase agreement, the applicable chief procurement officer
11shall make a determination whether (i) there is only one
12economically feasible source for the item or (ii) that there
13exists a threat to public health or public safety or that
14immediate expenditure is necessary to prevent or minimize
15serious disruption in critical State services.
16 (c) When there is only one economically feasible source for
17the item, the chief procurement officer may authorize a sole
18economically-feasible source contract. When there exists a
19threat to public health or public safety or when immediate
20expenditure is necessary to prevent or minimize serious
21disruption in critical State services, the chief procurement
22officer may authorize an emergency procurement without
23competitive sealed bidding or competitive sealed proposals or
24prior notice.
25 (d) All joint purchases made pursuant to this Section shall
26follow the same procedures for sole source contracts in the

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1Illinois Procurement Code when the chief procurement officer
2determines there is only one economically-feasible source for
3the item. All joint purchases made pursuant to this Section
4shall follow the same procedures for emergency purchases in the
5Illinois Procurement Code when the chief procurement officer
6determines immediate expenditure is necessary to prevent or
7minimize serious disruption in critical State services that
8affect health, safety, or collection of substantial State
9revenues, or to ensure the integrity of State records.
10 (e) Each chief procurement officer shall submit to the
11General Assembly by November 1 of each year a report of
12procurements made under this Section.
13 (30 ILCS 525/4.2) (from Ch. 85, par. 1604.2)
14 Sec. 4.2. Any governmental unit may, without violating any
15bidding requirement otherwise applicable to it, procure
16personal property, supplies and services under any contract let
17by the State pursuant to lawful procurement procedures.
18Purchases made by the State of Illinois must be approved or
19authorized by the appropriate chief procurement officer.
20(Source: P.A. 97-895, eff. 8-3-12.)
21 Section 26. The State Prompt Payment Act is amended by
22changing Section 7 as follows:
23 (30 ILCS 540/7) (from Ch. 127, par. 132.407)

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1 Sec. 7. Payments to subcontractors and material suppliers.
2 (a) When a State official or agency responsible for
3administering a contract submits a voucher to the Comptroller
4for payment to a contractor, that State official or agency
5shall promptly make available electronically the voucher
6number, the date of the voucher, and the amount of the voucher.
7The State official or agency responsible for administering the
8contract shall provide subcontractors and material suppliers,
9known to the State official or agency, with instructions on how
10to access the electronic information.
11 (a-5) When a contractor receives any payment, the
12contractor shall pay each subcontractor and material supplier
13in proportion to the work completed by each subcontractor and
14material supplier its their application or pay estimate, plus
15interest received under this Act, less any retention. When a
16contractor receives any payment, the contractor shall pay each
17lower-tiered subcontractor and material supplier and each
18subcontractor and material supplier shall make payment to its
19own respective subcontractors and material suppliers. If the
20contractor receives less than the full payment due under the
21public construction contract, the contractor shall be
22obligated to disburse on a pro rata basis those funds received,
23plus interest received under this Act, with the contractor,
24subcontractors and material suppliers each receiving a
25prorated portion based on the amount of payment each has
26earned. When, however, the State official or agency public

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1owner does not release the full payment due under the contract
2because there are specific areas of work or materials the State
3agency or official has determined contractor is rejecting or
4because the contractor has otherwise determined such areas are
5not suitable for payment, then those specific subcontractors or
6material suppliers involved shall not be paid for that portion
7of work rejected or deemed not suitable for payment and all
8other subcontractors and suppliers shall be paid based upon the
9amount of payment each has earned in full, plus interest
10received under this Act.
11 (a-10) For construction contracts with the Department of
12Transportation, the contractor, subcontractor, or material
13supplier, regardless of tier, shall not offset, decrease, or
14diminish payment or payments that are due to its subcontractors
15or material suppliers without reasonable cause.
16 A contractor, who refuses to make prompt payment, in whole
17or in part, shall provide to the subcontractor or material
18supplier and the public owner or its agent, a written notice of
19that refusal. The written notice shall be made by a contractor
20no later than 5 calendar days after payment is received by the
21contractor. The written notice shall identify the Department of
22Transportation's contract, any subcontract or material
23purchase agreement, a detailed reason for refusal, the value of
24the payment to be withheld, and the specific remedial actions
25required of the subcontractor or material supplier so that
26payment may be made. Written notice of refusal may be given in

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1a form and method which is acceptable to the parties and public
2owner.
3 (b) If the contractor, without reasonable cause, fails to
4make full payment of amounts due under subsection (a) to its
5his subcontractors and material suppliers within 15 calendar
6days after receipt of payment from the State official or agency
7under the public construction contract, the contractor shall
8pay to its his subcontractors and material suppliers, in
9addition to the payment due them, interest in the amount of 2%
10per month, calculated from the expiration of the 15-day period
11until fully paid. This subsection shall further also apply to
12any payments made by subcontractors and material suppliers to
13their subcontractors and material suppliers and to all payments
14made to lower tier subcontractors and material suppliers
15throughout the contracting chain.
16 (1) If a contractor, without reasonable cause, fails to
17 make payment in full as provided in subsection (a-5) (a)
18 within 15 calendar days after receipt of payment under the
19 public construction contract, any subcontractor or
20 material supplier to whom payments are owed may file a
21 written notice and request for administrative hearing with
22 the State official or agency setting forth the amount owed
23 by the contractor and the contractor's failure to timely
24 pay the amount owed. The written notice and request for
25 administrative hearing shall identify the public
26 construction contract, the contractor, and the amount

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1 owed, and shall contain a sworn statement or attestation to
2 verify the accuracy of the notice. The notice and request
3 for administrative hearing shall be filed with the State
4 official for the public construction contract, with a copy
5 of the notice concurrently provided to the contractor.
6 Notice to the State official may be made by certified or
7 registered mail, messenger service, or personal service,
8 and must include proof of delivery to the State official.
9 (2) The State official or agency, within 15 calendar
10 days after receipt of a subcontractor's or material
11 supplier's written notice and request for administrative
12 hearing of the failure to receive payment from the
13 contractor, shall hold a hearing convened by an
14 administrative law judge to determine whether the
15 contractor withheld payment, without reasonable cause,
16 from the subcontractors or and material suppliers and what
17 amount, if any, is due to the subcontractors or and
18 material suppliers, and the reasonable cause or causes
19 asserted by the contractor. The State official or agency
20 shall provide appropriate notice to the parties of the
21 date, time, and location of the hearing. Each contractor,
22 subcontractor, or and material supplier has the right to be
23 represented by counsel at a the hearing and to
24 cross-examine witnesses and challenge documents. Upon the
25 request of the subcontractor or material supplier and a
26 showing of good cause, reasonable continuances may be

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1 granted by the administrative law judge.
2 (3) Upon If there is a finding by the administrative
3 law judge that the contractor failed to make payment in
4 full, without reasonable cause, as provided in subsection
5 (a-10) (a), then the administrative law judge shall, in
6 writing, order direct the contractor to pay the amount owed
7 to the subcontractors or and material suppliers plus
8 interest within 15 calendar days after the order finding.
9 (4) If a contractor fails to make full payment as
10 ordered under paragraph (3) of this subsection (b) within
11 15 days after the administrative law judge's order finding,
12 then the contractor shall be barred from entering into a
13 State public construction contract for a period of one year
14 beginning on the date of the administrative law judge's
15 order finding.
16 (5) If, on 2 or more occasions within a 3-calendar-year
17 period, there is a finding by an administrative law judge
18 that the contractor failed to make payment in full, without
19 reasonable cause, and a written order was issued to a
20 contractor under paragraph (3) of this subsection (b), then
21 the contractor shall be barred from entering into a State
22 public construction contract for a period of 6 months
23 beginning on the date of the administrative law judge's
24 second written order, even if the payments required under
25 the orders were made in full.
26 (6) If a contractor fails to make full payment as

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1 ordered under paragraph (4) of this subsection (b), the
2 subcontractor or material supplier may, within 30 days of
3 the date of that order, petition the State agency for an
4 order for reasonable attorney's fees and costs incurred in
5 the prosecution of the action under this subsection (b).
6 Upon that petition and taking of additional evidence, as
7 may be required, the administrative law judge may issue a
8 supplemental order directing the contractor to pay those
9 reasonable attorney's fees and costs.
10 (7) The written order of the administrative law judge
11 shall be final and appealable under the Administrative
12 Review Law.
13 (c) This Section shall not be construed to in any manner
14diminish, negate, or interfere with the
15contractor-subcontractor or contractor-material supplier
16relationship or commercially useful function.
17 (d) This Section shall not preclude, bar, or stay the
18rights, remedies, and defenses available to the parties by way
19of the operation of their contract, purchase agreement, the
20Mechanics Lien Act, or the Public Construction Bond Act.
21 (e) State officials and agencies may adopt rules as may be
22deemed necessary in order to establish the formal procedures
23required under this Section.
24 (f) As used in this Section:
25 "Payment" means the discharge of an obligation in money or
26other valuable consideration or thing delivered in full or

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1partial satisfaction of an obligation to pay. "Payment" shall
2include interest paid pursuant to this Act.
3 "Reasonable cause" may include, but is not limited to,
4unsatisfactory workmanship or materials; failure to provide
5documentation required by the contract, subcontract, or
6material purchase agreement; claims made against the
7Department of Transportation or the subcontractor pursuant to
8subsection (c) of Section 23 of the Mechanics Lien Act or the
9Public Construction Bond Act; judgments, levies, garnishments,
10or other court-ordered assessments or offsets in favor of the
11Department of Transportation or other State agency entered
12against a subcontractor or material supplier. "Reasonable
13cause" does not include payments issued to the contractor that
14create a negative or reduced valuation pay application or pay
15estimate due to a reduction of contract quantities or work not
16performed or provided by the subcontractor or material
17supplier; the interception or withholding of funds for reasons
18not related to the subcontractor's or material supplier's work
19on the contract; anticipated claims or assessments of third
20parties not a party related to the contract or subcontract;
21asserted claims or assessments of third parties that are not
22authorized by court order, administrative tribunal, or
23statute. "Reasonable cause" further does not include the
24withholding, offset, or reduction of payment, in whole or in
25part, due to the assessment of liquidated damages or penalties
26assessed by the Department of Transportation against the

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1contractor, unless the subcontractor's performance or supplied
2materials were the sole and proximate cause of the liquidated
3damage or penalty.
4(Source: P.A. 94-672, eff. 1-1-06; 94-972, eff. 7-1-07.)
5 Section 27. The Business Enterprise for Minorities,
6Females, and Persons with Disabilities Act is amended by adding
7Section 8g as follows:
8 (30 ILCS 575/8g new)
9 Sec. 8g. Special Committee on Minority, Female, Persons
10with Disabilities, and Veterans Contracting.
11 (a) There is created a Special Committee on Minority,
12Female, Persons with Disabilities, and Veterans Contracting
13under the Council. The Special Committee shall review Illinois'
14procurement laws regarding contracting with minority-owned
15businesses, female-owned businesses, businesses owned by
16persons with disabilities, and veteran-owned businesses to
17determine what changes should be made to increase participation
18of these businesses in State procurements.
19 (b) The Special Committee shall consist of the following
20members:
21 (1) 3 persons each to be appointed by the Speaker of
22 the House of Representatives, the Minority Leader of the
23 House of Representatives, the President of the Senate, and
24 the Minority Leader of the Senate; only one Special

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1 Committee member of each appointee under this paragraph may
2 be a current member of the General Assembly;
3 (2) the Director of Central Management Services, or his
4 or her designee;
5 (3) the chairperson of the Council, or his or her
6 designee; and
7 (4) each chief procurement officer.
8 (c) The Special Committee shall conduct at least 3
9hearings, with at least one hearing in Springfield and one in
10Chicago. Each hearing shall be open to the public and notice of
11the hearings shall be posted on the websites of the Procurement
12Policy Board, the Department of Central Management Services,
13and the General Assembly at least 6 days prior to the hearing.
14 Section 30. The Illinois Human Rights Act is amended by
15changing Section 2-101 as follows:
16 (775 ILCS 5/2-101) (from Ch. 68, par. 2-101)
17 Sec. 2-101. Definitions. The following definitions are
18applicable strictly in the context of this Article.
19 (A) Employee.
20 (1) "Employee" includes:
21 (a) Any individual performing services for
22 remuneration within this State for an employer;
23 (b) An apprentice;
24 (c) An applicant for any apprenticeship.

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1 For purposes of subsection (D) of Section 2-102 of this
2 Act, "employee" also includes an unpaid intern. An unpaid
3 intern is a person who performs work for an employer under
4 the following circumstances:
5 (i) the employer is not committed to hiring the
6 person performing the work at the conclusion of the
7 intern's tenure;
8 (ii) the employer and the person performing the
9 work agree that the person is not entitled to wages for
10 the work performed; and
11 (iii) the work performed:
12 (I) supplements training given in an
13 educational environment that may enhance the
14 employability of the intern;
15 (II) provides experience for the benefit of
16 the person performing the work;
17 (III) does not displace regular employees;
18 (IV) is performed under the close supervision
19 of existing staff; and
20 (V) provides no immediate advantage to the
21 employer providing the training and may
22 occasionally impede the operations of the
23 employer.
24 (2) "Employee" does not include:
25 (a) (Blank);
26 (b) Individuals employed by persons who are not

SB0008 Enrolled- 135 -LRB100 06368 MLM 16407 b
1 "employers" as defined by this Act;
2 (c) Elected public officials or the members of
3 their immediate personal staffs;
4 (d) Principal administrative officers of the State
5 or of any political subdivision, municipal corporation
6 or other governmental unit or agency;
7 (e) A person in a vocational rehabilitation
8 facility certified under federal law who has been
9 designated an evaluee, trainee, or work activity
10 client.
11 (B) Employer.
12 (1) "Employer" includes:
13 (a) Any person employing 15 or more employees
14 within Illinois during 20 or more calendar weeks within
15 the calendar year of or preceding the alleged
16 violation;
17 (b) Any person employing one or more employees when
18 a complainant alleges civil rights violation due to
19 unlawful discrimination based upon his or her physical
20 or mental disability unrelated to ability, pregnancy,
21 or sexual harassment;
22 (c) The State and any political subdivision,
23 municipal corporation or other governmental unit or
24 agency, without regard to the number of employees;
25 (d) Any party to a public contract without regard
26 to the number of employees;

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1 (e) A joint apprenticeship or training committee
2 without regard to the number of employees.
3 (2) "Employer" does not include any religious
4 corporation, association, educational institution,
5 society, or non-profit nursing institution conducted by
6 and for those who rely upon treatment by prayer through
7 spiritual means in accordance with the tenets of a
8 recognized church or religious denomination with respect
9 to the employment of individuals of a particular religion
10 to perform work connected with the carrying on by such
11 corporation, association, educational institution, society
12 or non-profit nursing institution of its activities.
13 (C) Employment Agency. "Employment Agency" includes both
14public and private employment agencies and any person, labor
15organization, or labor union having a hiring hall or hiring
16office regularly undertaking, with or without compensation, to
17procure opportunities to work, or to procure, recruit, refer or
18place employees.
19 (D) Labor Organization. "Labor Organization" includes any
20organization, labor union, craft union, or any voluntary
21unincorporated association designed to further the cause of the
22rights of union labor which is constituted for the purpose, in
23whole or in part, of collective bargaining or of dealing with
24employers concerning grievances, terms or conditions of
25employment, or apprenticeships or applications for
26apprenticeships, or of other mutual aid or protection in

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1connection with employment, including apprenticeships or
2applications for apprenticeships.
3 (E) Sexual Harassment. "Sexual harassment" means any
4unwelcome sexual advances or requests for sexual favors or any
5conduct of a sexual nature when (1) submission to such conduct
6is made either explicitly or implicitly a term or condition of
7an individual's employment, (2) submission to or rejection of
8such conduct by an individual is used as the basis for
9employment decisions affecting such individual, or (3) such
10conduct has the purpose or effect of substantially interfering
11with an individual's work performance or creating an
12intimidating, hostile or offensive working environment.
13 (F) Religion. "Religion" with respect to employers
14includes all aspects of religious observance and practice, as
15well as belief, unless an employer demonstrates that he is
16unable to reasonably accommodate an employee's or prospective
17employee's religious observance or practice without undue
18hardship on the conduct of the employer's business.
19 (G) Public Employer. "Public employer" means the State, an
20agency or department thereof, unit of local government, school
21district, instrumentality or political subdivision.
22 (H) Public Employee. "Public employee" means an employee of
23the State, agency or department thereof, unit of local
24government, school district, instrumentality or political
25subdivision. "Public employee" does not include public
26officers or employees of the General Assembly or agencies

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1thereof.
2 (I) Public Officer. "Public officer" means a person who is
3elected to office pursuant to the Constitution or a statute or
4ordinance, or who is appointed to an office which is
5established, and the qualifications and duties of which are
6prescribed, by the Constitution or a statute or ordinance, to
7discharge a public duty for the State, agency or department
8thereof, unit of local government, school district,
9instrumentality or political subdivision.
10 (J) Eligible Bidder. "Eligible bidder" means a person who,
11prior to contract award or prior to bid opening for State
12contracts for construction or construction-related services a
13bid opening, has filed with the Department a properly
14completed, sworn and currently valid employer report form,
15pursuant to the Department's regulations. The provisions of
16this Article relating to eligible bidders apply only to bids on
17contracts with the State and its departments, agencies, boards,
18and commissions, and the provisions do not apply to bids on
19contracts with units of local government or school districts.
20 (K) Citizenship Status. "Citizenship status" means the
21status of being:
22 (1) a born U.S. citizen;
23 (2) a naturalized U.S. citizen;
24 (3) a U.S. national; or
25 (4) a person born outside the United States and not a
26 U.S. citizen who is not an unauthorized alien and who is

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1 protected from discrimination under the provisions of
2 Section 1324b of Title 8 of the United States Code, as now
3 or hereafter amended.
4(Source: P.A. 98-1037, eff. 1-1-15; 98-1050, eff. 1-1-15;
599-78, eff. 7-20-15; 99-758, eff. 1-1-17.)
6 Section 95. No acceleration or delay. Where this Act makes
7changes in a statute that is represented in this Act by text
8that is not yet or no longer in effect (for example, a Section
9represented by multiple versions), the use of that text does
10not accelerate or delay the taking effect of (i) the changes
11made by this Act or (ii) provisions derived from any other
12Public Act.
13 Section 99. Effective date. This Act takes effect upon
14becoming law.
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