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


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 35-18)

Status: (Passed) 2017-08-09 - Public Act . . . . . . . . . 100-0043 [SB0008 Detail]

Download: Illinois-2017-SB0008-Chaptered.html



Public Act 100-0043
SB0008 EnrolledLRB100 06368 MLM 16407 b
AN ACT concerning finance.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The State Officials and Employees Ethics Act is
amended by changing Sections 5-10 and 20-5 as follows:
(5 ILCS 430/5-10)
Sec. 5-10. Ethics training.
(a) Each officer, member, and employee must complete, at
least annually beginning in 2004, an ethics training program
conducted by the appropriate State agency. Each ultimate
jurisdictional authority must implement an ethics training
program for its officers, members, and employees. These ethics
training programs shall be overseen by the appropriate Ethics
Commission and Inspector General appointed pursuant to this Act
in consultation with the Office of the Attorney General.
(b) Each ultimate jurisdictional authority subject to the
Executive Ethics Commission shall submit to the Executive
Ethics Commission, at least annually, or more frequently as
required by that Commission, an annual report that summarizes
ethics training that was completed during the previous year,
and lays out the plan for the ethics training programs in the
coming year.
(c) Each Inspector General shall set standards and
determine the hours and frequency of training necessary for
each position or category of positions. A person who fills a
vacancy in an elective or appointed position that requires
training and a person employed in a position that requires
training must complete his or her initial ethics training
within 30 days after commencement of his or her office or
employment.
(d) Upon completion of the ethics training program, each
officer, member, and employee must certify in writing that the
person has completed the training program. Each officer,
member, and employee must provide to his or her ethics officer
a signed copy of the certification by the deadline for
completion of the ethics training program.
(e) The ethics training provided under this Act by the
Secretary of State may be expanded to satisfy the requirement
of Section 4.5 of the Lobbyist Registration Act.
(f) The ethics training provided under this Act by State
agencies under the control of the Governor shall include the
requirements and duties of State officers and employees under
Sections 50-39, 50-40, and 50-45 of the Illinois Procurement
Code.
(Source: P.A. 96-555, eff. 8-18-09.)
(5 ILCS 430/20-5)
Sec. 20-5. Executive Ethics Commission.
(a) The Executive Ethics Commission is created.
(b) The Executive Ethics Commission shall consist of 9
commissioners. The Governor shall appoint 5 commissioners, and
the Attorney General, Secretary of State, Comptroller, and
Treasurer shall each appoint one commissioner. Appointments
shall be made by and with the advice and consent of the Senate
by three-fifths of the elected members concurring by record
vote. Any nomination not acted upon by the Senate within 60
session days of the receipt thereof shall be deemed to have
received the advice and consent of the Senate. If, during a
recess of the Senate, there is a vacancy in an office of
commissioner, the appointing authority shall make a temporary
appointment until the next meeting of the Senate when the
appointing authority shall make a nomination to fill that
office. No person rejected for an office of commissioner shall,
except by the Senate's request, be nominated again for that
office at the same session of the Senate or be appointed to
that office during a recess of that Senate. No more than 5
commissioners may be of the same political party.
The terms of the initial commissioners shall commence upon
qualification. Four initial appointees of the Governor, as
designated by the Governor, shall serve terms running through
June 30, 2007. One initial appointee of the Governor, as
designated by the Governor, and the initial appointees of the
Attorney General, Secretary of State, Comptroller, and
Treasurer shall serve terms running through June 30, 2008. The
initial appointments shall be made within 60 days after the
effective date of this Act.
After the initial terms, commissioners shall serve for
4-year terms commencing on July 1 of the year of appointment
and running through June 30 of the fourth following year.
Commissioners may be reappointed to one or more subsequent
terms.
Vacancies occurring other than at the end of a term shall
be filled by the appointing authority only for the balance of
the term of the commissioner whose office is vacant.
Terms shall run regardless of whether the position is
filled.
(c) The appointing authorities shall appoint commissioners
who have experience holding governmental office or employment
and shall appoint commissioners from the general public. A
person is not eligible to serve as a commissioner if that
person (i) has been convicted of a felony or a crime of
dishonesty or moral turpitude, (ii) is, or was within the
preceding 12 months, engaged in activities that require
registration under the Lobbyist Registration Act, (iii) is
related to the appointing authority, or (iv) is a State officer
or employee.
(d) The Executive Ethics Commission shall have
jurisdiction over all officers and employees of State agencies
other than the General Assembly, the Senate, the House of
Representatives, the President and Minority Leader of the
Senate, the Speaker and Minority Leader of the House of
Representatives, the Senate Operations Commission, the
legislative support services agencies, and the Office of the
Auditor General. The Executive Ethics Commission shall have
jurisdiction over all board members and employees of Regional
Transit Boards. The jurisdiction of the Commission is limited
to matters arising under this Act, except as provided in
subsection (d-5).
A member or legislative branch State employee serving on an
executive branch board or commission remains subject to the
jurisdiction of the Legislative Ethics Commission and is not
subject to the jurisdiction of the Executive Ethics Commission.
(d-5) The Executive Ethics Commission shall have
jurisdiction over all chief procurement officers and
procurement compliance monitors and their respective staffs.
The Executive Ethics Commission shall have jurisdiction over
any matters arising under the Illinois Procurement Code if the
Commission is given explicit authority in that Code.
(d-6) (1) The Executive Ethics Commission shall have
jurisdiction over the Illinois Power Agency and its staff. The
Director of the Agency shall be appointed by a majority of the
commissioners of the Executive Ethics Commission, subject to
Senate confirmation, for a term of 2 years. The Director is
removable for cause by a majority of the Commission upon a
finding of neglect, malfeasance, absence, or incompetence.
(2) In case of a vacancy in the office of Director of the
Illinois Power Agency during a recess of the Senate, the
Executive Ethics Commission may make a temporary appointment
until the next meeting of the Senate, at which time the
Executive Ethics Commission shall nominate some person to fill
the office, and any person so nominated who is confirmed by the
Senate shall hold office during the remainder of the term and
until his or her successor is appointed and qualified. Nothing
in this subsection shall prohibit the Executive Ethics
Commission from removing a temporary appointee or from
appointing a temporary appointee as the Director of the
Illinois Power Agency.
(3) Prior to June 1, 2012, the Executive Ethics Commission
may, until the Director of the Illinois Power Agency is
appointed and qualified or a temporary appointment is made
pursuant to paragraph (2) of this subsection, designate some
person as an acting Director to execute the powers and
discharge the duties vested by law in that Director. An acting
Director shall serve no later than 60 calendar days, or upon
the making of an appointment pursuant to paragraph (1) or (2)
of this subsection, whichever is earlier. Nothing in this
subsection shall prohibit the Executive Ethics Commission from
removing an acting Director or from appointing an acting
Director as the Director of the Illinois Power Agency.
(4) No person rejected by the Senate for the office of
Director of the Illinois Power Agency shall, except at the
Senate's request, be nominated again for that office at the
same session or be appointed to that office during a recess of
that Senate.
(e) The Executive Ethics Commission must meet, either in
person or by other technological means, at least monthly and as
often as necessary. At the first meeting of the Executive
Ethics Commission, the commissioners shall choose from their
number a chairperson and other officers that they deem
appropriate. The terms of officers shall be for 2 years
commencing July 1 and running through June 30 of the second
following year. Meetings shall be held at the call of the
chairperson or any 3 commissioners. Official action by the
Commission shall require the affirmative vote of 5
commissioners, and a quorum shall consist of 5 commissioners.
Commissioners shall receive compensation in an amount equal to
the compensation of members of the State Board of Elections and
may be reimbursed for their reasonable expenses actually
incurred in the performance of their duties.
(f) No commissioner or employee of the Executive Ethics
Commission may during his or her term of appointment or
employment:
(1) become a candidate for any elective office;
(2) hold any other elected or appointed public office
except for appointments on governmental advisory boards or
study commissions or as otherwise expressly authorized by
law;
(3) be actively involved in the affairs of any
political party or political organization; or
(4) advocate for the appointment of another person to
an appointed or elected office or position or actively
participate in any campaign for any elective office.
(g) An appointing authority may remove a commissioner only
for cause.
(h) The Executive Ethics Commission shall appoint an
Executive Director. The compensation of the Executive Director
shall be as determined by the Commission. The Executive
Director of the Executive Ethics Commission may employ and
determine the compensation of staff, as appropriations permit.
(i) The Executive Ethics Commission shall appoint, by a
majority of the members appointed to the Commission, chief
procurement officers and may appoint procurement compliance
monitors in accordance with the provisions of the Illinois
Procurement Code. The compensation of a chief procurement
officer and procurement compliance monitor shall be determined
by the Commission.
(Source: P.A. 96-555, eff. 8-18-09; 96-1528, eff. 7-1-11;
97-618, eff. 10-26-11; 97-677, eff. 2-6-12.)
Section 15. The Illinois Procurement Code is amended by
re-enacting and changing Sections 1-12 and 1-13, by changing
Sections 1-10, 1-15.20, 5-5, 5-30, 10-10, 10-15, 15-25, 15-30,
20-10, 20-15, 20-20, 20-25, 20-30, 20-43, 20-80, 20-160, 25-35,
35-15, 35-30, 35-35, 40-30, 45-15, 45-30, 45-45, 45-57, 50-2,
50-10, 50-10.5, 50-39, 50-40, 50-45, and 53-10, and by adding
Sections 1-15.40, 1-15.47, 1-15.48, 1-15.49, 10-30, 25-85,
30-40, 45-85, 45-90, and 50-36.5 as follows:
(30 ILCS 500/1-10)
Sec. 1-10. Application.
(a) This Code applies only to procurements for which
bidders, offerors, potential contractors, or contractors were
first solicited on or after July 1, 1998. This Code shall not
be construed to affect or impair any contract, or any provision
of a contract, entered into based on a solicitation prior to
the implementation date of this Code as described in Article
99, including but not limited to any covenant entered into with
respect to any revenue bonds or similar instruments. All
procurements for which contracts are solicited between the
effective date of Articles 50 and 99 and July 1, 1998 shall be
substantially in accordance with this Code and its intent.
(b) This Code shall apply regardless of the source of the
funds with which the contracts are paid, including federal
assistance moneys. Except as specifically provided in this
Code, this This Code shall not apply to:
(1) Contracts between the State and its political
subdivisions or other governments, or between State
governmental bodies except as specifically provided in
this Code.
(2) Grants, except for the filing requirements of
Section 20-80.
(3) Purchase of care.
(4) Hiring of an individual as employee and not as an
independent contractor, whether pursuant to an employment
code or policy or by contract directly with that
individual.
(5) Collective bargaining contracts.
(6) Purchase of real estate, except that notice of this
type of contract with a value of more than $25,000 must be
published in the Procurement Bulletin within 10 calendar
days after the deed is recorded in the county of
jurisdiction. The notice shall identify the real estate
purchased, the names of all parties to the contract, the
value of the contract, and the effective date of the
contract.
(7) Contracts necessary to prepare for anticipated
litigation, enforcement actions, or investigations,
provided that the chief legal counsel to the Governor shall
give his or her prior approval when the procuring agency is
one subject to the jurisdiction of the Governor, and
provided that the chief legal counsel of any other
procuring entity subject to this Code shall give his or her
prior approval when the procuring entity is not one subject
to the jurisdiction of the Governor.
(8) (Blank). Contracts for services to Northern
Illinois University by a person, acting as an independent
contractor, who is qualified by education, experience, and
technical ability and is selected by negotiation for the
purpose of providing non-credit educational service
activities or products by means of specialized programs
offered by the university.
(9) Procurement expenditures by the Illinois
Conservation Foundation when only private funds are used.
(10) (Blank). Procurement expenditures by the Illinois
Health Information Exchange Authority involving private
funds from the Health Information Exchange Fund. "Private
funds" means gifts, donations, and private grants.
(11) Public-private agreements entered into according
to the procurement requirements of Section 20 of the
Public-Private Partnerships for Transportation Act and
design-build agreements entered into according to the
procurement requirements of Section 25 of the
Public-Private Partnerships for Transportation Act.
(12) Contracts for legal, financial, and other
professional and artistic services entered into on or
before December 31, 2018 by the Illinois Finance Authority
in which the State of Illinois is not obligated. Such
contracts shall be awarded through a competitive process
authorized by the Board of the Illinois Finance Authority
and are subject to Sections 5-30, 20-160, 50-13, 50-20,
50-35, and 50-37 of this Code, as well as the final
approval by the Board of the Illinois Finance Authority of
the terms of the contract.
(13) The provisions of this paragraph (13), other than
this sentence, are inoperative on and after January 1, 2019
or 2 years after the effective date of this amendatory Act
of the 99th General Assembly, whichever is later. Contracts
for services, commodities, and equipment to support the
delivery of timely forensic science services in
consultation with and subject to the approval of the Chief
Procurement Officer as provided in subsection (d) of
Section 5-4-3a of the Unified Code of Corrections, except
for the requirements of Sections 20-60, 20-65, 20-70, and
20-160 and Article 50 of this Code; however, the Chief
Procurement Officer may, in writing with justification,
waive any certification required under Article 50 of this
Code. For any contracts for services which are currently
provided by members of a collective bargaining agreement,
the applicable terms of the collective bargaining
agreement concerning subcontracting shall be followed.
On and after January 1, 2019, this paragraph (13),
except for this sentence, is inoperative.
(14) Contracts for participation expenditures required
by a domestic or international trade show or exhibition of
an exhibitor, member, or sponsor.
(15) Contracts with a railroad or utility that requires
the State to reimburse the railroad or utilities for the
relocation of utilities for construction or other public
purpose. Contracts included within this paragraph (15)
shall include, but not be limited to, those associated
with: relocations, crossings, installations, and
maintenance. For the purposes of this paragraph (15),
"railroad" means any form of non-highway ground
transportation that runs on rails or electromagnetic
guideways and "utility" means: (1) public utilities as
defined in Section 3-105 of the Public Utilities Act, (2)
telecommunications carriers as defined in Section 13-202
of the Public Utilities Act, (3) electric cooperatives as
defined in Section 3.4 of the Electric Supplier Act, (4)
telephone or telecommunications cooperatives as defined in
Section 13-212 of the Public Utilities Act, (5) rural water
or waste water systems with 10,000 connections or less, (6)
a holder as defined in Section 21-201 of the Public
Utilities Act, and (7) municipalities owning or operating
utility systems consisting of public utilities as that term
is defined in Section 11-117-2 of the Illinois Municipal
Code.
Notwithstanding any other provision of law, for contracts
entered into on or after October 1, 2017 under an exemption
provided in any paragraph item (12) of this subsection (b),
except paragraph (1), (2), or (5), each State agency shall be
published in the Procurement Bulletin within 14 calendar days
after contract execution. The chief procurement officer shall
prescribe the form and content of the notice. The Illinois
Finance Authority shall provide the chief procurement officer,
on a monthly basis, in the form and content prescribed by the
chief procurement officer, a report of contracts that are
related to the procurement of goods and services identified in
item (12) of this subsection (b). At a minimum, this report
shall post to the appropriate procurement bulletin include the
name of the contractor, a description of the supply or service
provided, the total amount of the contract, the term of the
contract, and the exception to the Code utilized. A copy of
each of these contracts shall be made available to the chief
procurement officer immediately upon request. The chief
procurement officer shall submit a report to the Governor and
General Assembly no later than November 1 of each year that
shall include, at a minimum, an annual summary of the monthly
information reported to the chief procurement officer.
(c) This Code does not apply to the electric power
procurement process provided for under Section 1-75 of the
Illinois Power Agency Act and Section 16-111.5 of the Public
Utilities Act.
(d) Except for Section 20-160 and Article 50 of this Code,
and as expressly required by Section 9.1 of the Illinois
Lottery Law, the provisions of this Code do not apply to the
procurement process provided for under Section 9.1 of the
Illinois Lottery Law.
(e) This Code does not apply to the process used by the
Capital Development Board to retain a person or entity to
assist the Capital Development Board with its duties related to
the determination of costs of a clean coal SNG brownfield
facility, as defined by Section 1-10 of the Illinois Power
Agency Act, as required in subsection (h-3) of Section 9-220 of
the Public Utilities Act, including calculating the range of
capital costs, the range of operating and maintenance costs, or
the sequestration costs or monitoring the construction of clean
coal SNG brownfield facility for the full duration of
construction.
(f) (Blank). This Code does not apply to the process used
by the Illinois Power Agency to retain a mediator to mediate
sourcing agreement disputes between gas utilities and the clean
coal SNG brownfield facility, as defined in Section 1-10 of the
Illinois Power Agency Act, as required under subsection (h-1)
of Section 9-220 of the Public Utilities Act.
(g) (Blank). This Code does not apply to the processes used
by the Illinois Power Agency to retain a mediator to mediate
contract disputes between gas utilities and the clean coal SNG
facility and to retain an expert to assist in the review of
contracts under subsection (h) of Section 9-220 of the Public
Utilities Act. This Code does not apply to the process used by
the Illinois Commerce Commission to retain an expert to assist
in determining the actual incurred costs of the clean coal SNG
facility and the reasonableness of those costs as required
under subsection (h) of Section 9-220 of the Public Utilities
Act.
(h) This Code does not apply to the process to procure or
contracts entered into in accordance with Sections 11-5.2 and
11-5.3 of the Illinois Public Aid Code.
(i) Each chief procurement officer may access records
necessary to review whether a contract, purchase, or other
expenditure is or is not subject to the provisions of this
Code, unless such records would be subject to attorney-client
privilege.
(j) This Code does not apply to the process used by the
Capital Development Board to retain an artist or work or works
of art as required in Section 14 of the Capital Development
Board Act.
(k) This Code does not apply to the process to procure
contracts, or contracts entered into, by the State Board of
Elections or the State Electoral Board for hearing officers
appointed pursuant to the Election Code.
(l) This Code does not apply to the processes used by the
Illinois Student Assistance Commission to procure supplies and
services paid for from the private funds of the Illinois
Prepaid Tuition Fund. As used in this subsection (l), "private
funds" means funds derived from deposits paid into the Illinois
Prepaid Tuition Trust Fund and the earnings thereon.
(Source: P.A. 98-90, eff. 7-15-13; 98-463, eff. 8-16-13;
98-572, eff. 1-1-14; 98-756, eff. 7-16-14; 98-1076, eff.
1-1-15; 99-801, eff. 1-1-17.)
(30 ILCS 500/1-12)
Sec. 1-12. Applicability to artistic or musical services.
(a) This Code shall not apply to procurement expenditures
necessary to provide artistic or musical services,
performances, or theatrical productions held at a venue
operated or leased by a State agency.
(b) Notice of each contract entered into by a State agency
that is related to the procurement of goods and services
identified in this Section shall be published in the Illinois
Procurement Bulletin within 14 calendar days after contract
execution. The chief procurement officer shall prescribe the
form and content of the notice. Each State agency shall provide
the chief procurement officer, on a monthly basis, in the form
and content prescribed by the chief procurement officer, a
report of contracts that are related to the procurement of
supplies goods and services identified in this Section. At a
minimum, this report shall include the name of the contractor,
a description of the supply or service provided, the total
amount of the contract, the term of the contract, and the
exception to the Code utilized. A copy of any or all of these
contracts shall be made available to the chief procurement
officer immediately upon request. The chief procurement
officer shall submit a report to the Governor and General
Assembly no later than November 1 of each year that shall
include, at a minimum, an annual summary of the monthly
information reported to the chief procurement officer.
(c) (Blank). This Section is repealed December 31, 2016.
(d) The General Assembly finds and declares that:
(1) This amendatory Act of the 100th General Assembly
manifests the intention of the General Assembly to remove
the repeal of this Section.
(2) This Section was originally enacted to protect,
promote, and preserve the general welfare. Any
construction of this Section that results in the repeal of
this Section on December 31, 2016 would be inconsistent
with the manifest intent of the General Assembly and
repugnant to the context of this Code.
It is hereby declared to have been the intent of the
General Assembly that this Section not be subject to repeal on
December 31, 2016.
This Section shall be deemed to have been in continuous
effect since August 3, 2012 (the effective date of Public Act
97-895), and it shall continue to be in effect henceforward
until it is otherwise lawfully repealed. All previously enacted
amendments to this Section taking effect on or after December
31, 2016, are hereby validated.
All actions taken in reliance on or pursuant to this
Section in the procurement of artistic or musical services are
hereby validated.
In order to ensure the continuing effectiveness of this
Section, it is set forth in full and re-enacted by this
amendatory Act of the 100th General Assembly. This re-enactment
is intended as a continuation of this Section. It is not
intended to supersede any amendment to this Section that is
enacted by the 100th General Assembly.
In this amendatory Act of the 100th General Assembly, the
base text of this Section is set forth as amended by Public Act
98-1076. Striking and underscoring is used only to show changes
being made to the base text.
This Section applies to all procurements made on or before
the effective date of this amendatory Act of the 100th General
Assembly.
(Source: P.A. 97-895, eff. 8-3-12; 98-1076, eff. 1-1-15.)
(30 ILCS 500/1-13)
Sec. 1-13. Applicability to public institutions of higher
education.
(a) This Code shall apply to public institutions of higher
education, regardless of the source of the funds with which
contracts are paid, except as provided in this Section.
(b) Except as provided in this Section, this Code shall not
apply to procurements made by or on behalf of public
institutions of higher education for any of the following:
(1) Memberships in professional, academic, research,
or athletic organizations on behalf of a public institution
of higher education, an employee of a public institution of
higher education, or a student at a public institution of
higher education.
(2) Procurement expenditures for events or activities
paid for exclusively by revenues generated by the event or
activity, gifts or donations for the event or activity,
private grants, or any combination thereof.
(3) Procurement expenditures for events or activities
for which the use of specific potential contractors is
mandated or identified by the sponsor of the event or
activity, provided that the sponsor is providing a majority
of the funding for the event or activity.
(4) Procurement expenditures necessary to provide
athletic, artistic or musical services, performances,
events, or productions held at a venue operated by or for a
public institution of higher education.
(5) Procurement expenditures for periodicals, and
books, subscriptions, database licenses, and other
publications procured for use by a university library or
academic department, except for expenditures related to
procuring textbooks for student use or materials for resale
or rental.
(6) Procurement expenditures for placement of students
in externships, practicums, field experiences, and for
medical residencies and rotations.
(7) Contracts for programming and broadcast license
rights for university-operated radio and television
stations.
(8) Procurement expenditures necessary to perform
sponsored research and other sponsored activities under
grants and contracts funded by the sponsor or by sources
other than State appropriations.
(9) Contracts with a foreign entity for research or
educational activities, provided that the foreign entity
either does not maintain an office in the United States or
is the sole source of the service or product.
Notice of each contract entered into by a public institution of
higher education that is related to the procurement of goods
and services identified in items (1) through (9) (7) of this
subsection shall be published in the Procurement Bulletin
within 14 calendar days after contract execution. The Chief
Procurement Officer shall prescribe the form and content of the
notice. Each public institution of higher education shall
provide the Chief Procurement Officer, on a monthly basis, in
the form and content prescribed by the Chief Procurement
Officer, a report of contracts that are related to the
procurement of goods and services identified in this
subsection. At a minimum, this report shall include the name of
the contractor, a description of the supply or service
provided, the total amount of the contract, the term of the
contract, and the exception to the Code utilized. A copy of any
or all of these contracts shall be made available to the Chief
Procurement Officer immediately upon request. The Chief
Procurement Officer shall submit a report to the Governor and
General Assembly no later than November 1 of each year that
shall include, at a minimum, an annual summary of the monthly
information reported to the Chief Procurement Officer.
(b-5) Except as provided in this subsection, the provisions
of this Code shall not apply to contracts for medical
FDA-regulated supplies, and to contracts for medical services
necessary for the delivery of care and treatment at medical,
dental, or veterinary teaching facilities utilized by Southern
Illinois University or the University of Illinois and at any
university-operated health care center or dispensary that
provides care, treatment, and medications for students,
faculty and staff. Other supplies and services needed for these
teaching facilities shall be subject to the jurisdiction of the
Chief Procurement Officer for Public Institutions of Higher
Education who may establish expedited procurement procedures
and may waive or modify certification, contract, hearing,
process and registration requirements required by the Code. All
procurements made under this subsection shall be documented and
may require publication in the Illinois Procurement Bulletin.
(c) Procurements made by or on behalf of public
institutions of higher education for the fulfillment of a grant
shall be made in accordance with the requirements of this Code
to the extent practical. any of the following shall be made in
accordance with the requirements of this Code to the extent
practical as provided in this subsection:
(1) Contracts with a foreign entity necessary for
research or educational activities, provided that the
foreign entity either does not maintain an office in the
United States or is the sole source of the service or
product.
(2) (Blank).
(3) (Blank).
(4) Procurements required for fulfillment of a grant.
Upon the written request of a public institution of higher
education, the Chief Procurement Officer may waive contract,
registration, certification, and hearing requirements of this
Code if, based on the item to be procured or the terms of a
grant, compliance is impractical. The public institution of
higher education shall provide the Chief Procurement Officer
with specific reasons for the waiver, including the necessity
of contracting with a particular potential contractor, and
shall certify that an effort was made in good faith to comply
with the provisions of this Code. The Chief Procurement Officer
shall provide written justification for any waivers. By
November 1 of each year, the Chief Procurement Officer shall
file a report with the General Assembly identifying each
contract approved with waivers and providing the justification
given for any waivers for each of those contracts. Notice of
each waiver made under this subsection shall be published in
the Procurement Bulletin within 14 calendar days after contract
execution. The Chief Procurement Officer shall prescribe the
form and content of the notice.
(d) Notwithstanding this Section, a waiver of the
registration requirements of Section 20-160 does not permit a
business entity and any affiliated entities or affiliated
persons to make campaign contributions if otherwise prohibited
by Section 50-37. The total amount of contracts awarded in
accordance with this Section shall be included in determining
the aggregate amount of contracts or pending bids of a business
entity and any affiliated entities or affiliated persons.
(e) Notwithstanding subsection (e) of Section 50-10.5 of
this Code, the Chief Procurement Officer, with the approval of
the Executive Ethics Commission, may permit a public
institution of higher education to accept a bid or enter into a
contract with a business that assisted the public institution
of higher education in determining whether there is a need for
a contract or assisted in reviewing, drafting, or preparing
documents related to a bid or contract, provided that the bid
or contract is essential to research administered by the public
institution of higher education and it is in the best interest
of the public institution of higher education to accept the bid
or contract. For purposes of this subsection, "business"
includes all individuals with whom a business is affiliated,
including, but not limited to, any officer, agent, employee,
consultant, independent contractor, director, partner,
manager, or shareholder of a business. The Executive Ethics
Commission may promulgate rules and regulations for the
implementation and administration of the provisions of this
subsection (e).
(f) As used in this Section:
"Grant" means non-appropriated funding provided by a
federal or private entity to support a project or program
administered by a public institution of higher education and
any non-appropriated funding provided to a sub-recipient of the
grant.
"Public institution of higher education" means Chicago
State University, Eastern Illinois University, Governors State
University, Illinois State University, Northeastern Illinois
University, Northern Illinois University, Southern Illinois
University, University of Illinois, Western Illinois
University, and, for purposes of this Code only, the Illinois
Mathematics and Science Academy.
(g) (Blank). This Section is repealed on December 31, 2016.
(h) The General Assembly finds and declares that:
(1) Public Act 98-1076, which took effect on January 1,
2015, changed the repeal date set for this Section from
December 31, 2014 to December 31, 2016.
(2) The Statute on Statutes sets forth general rules on
the repeal of statutes and the construction of multiple
amendments, but Section 1 of that Act also states that
these rules will not be observed when the result would be
"inconsistent with the manifest intent of the General
Assembly or repugnant to the context of the statute".
(3) This amendatory Act of the 100th General Assembly
manifests the intention of the General Assembly to remove
the repeal of this Section.
(4) This Section was originally enacted to protect,
promote, and preserve the general welfare. Any
construction of this Section that results in the repeal of
this Section on December 31, 2014 would be inconsistent
with the manifest intent of the General Assembly and
repugnant to the context of this Code.
It is hereby declared to have been the intent of the
General Assembly that this Section not be subject to repeal on
December 31, 2014.
This Section shall be deemed to have been in continuous
effect since December 20, 2011 (the effective date of Public
Act 97-643), and it shall continue to be in effect henceforward
until it is otherwise lawfully repealed. All previously enacted
amendments to this Section taking effect on or after December
31, 2014, are hereby validated.
All actions taken in reliance on or pursuant to this
Section by any public institution of higher education, person,
or entity are hereby validated.
In order to ensure the continuing effectiveness of this
Section, it is set forth in full and re-enacted by this
amendatory Act of the 100th General Assembly. This re-enactment
is intended as a continuation of this Section. It is not
intended to supersede any amendment to this Section that is
enacted by the 100th General Assembly.
In this amendatory Act of the 100th General Assembly, the
base text of the reenacted Section is set forth as amended by
Public Act 98-1076. Striking and underscoring is used only to
show changes being made to the base text.
This Section applies to all procurements made on or before
the effective date of this amendatory Act of the 100th General
Assembly.
(Source: P.A. 97-643, eff. 12-20-11; 97-895, eff. 8-3-12;
98-1076, eff. 1-1-15.)
(30 ILCS 500/1-15.20)
Sec. 1-15.20. Construction, and construction-related, and
construction support services. "Construction" means building,
altering, repairing, improving, or demolishing any public
structure or building, or making improvements of any kind to
public real property. Construction does not include the routine
operation, routine repair, or routine maintenance of existing
structures, buildings, or real property.
"Construction-related services" means those services
including construction design, layout, inspection, support,
feasibility or location study, research, development,
planning, or other investigative study undertaken by a
construction agency concerning construction or potential
construction.
"Construction support" means all equipment, supplies, and
services that are necessary to the operation of a construction
agency's construction program. "Construction support" does not
include construction-related services.
(Source: P.A. 90-572, eff. 2-6-98.)
(30 ILCS 500/1-15.40 new)
Sec. 1-15.40. Electronic procurement. "Electronic
procurement" means conducting all or some of the procurement
function over the Internet.
(30 ILCS 500/1-15.47 new)
Sec. 1-15.47. Master contract. "Master contract" means a
definite quantity, indefinite quantity, or requirements
contract awarded in accordance with this Code, against which
subsequent orders may be placed to meet the needs of a State
purchasing entity. A master contract may be for use by a single
State purchasing entity or for multiple State purchasing
entities and other entities as authorized under the
Governmental Joint Purchasing Act.
(30 ILCS 500/1-15.48 new)
Sec. 1-15.48. Multiple Award. "Multiple award" means an
award that is made to 2 or more bidders or offerors for similar
supplies, services, or construction-related services.
(30 ILCS 500/1-15.49 new)
Sec. 1-15.49. No-cost contract. "No-cost contract" means a
contract in which the State of Illinois does not make a payment
to or receive a payment from the vendor, but the vendor has the
contractual authority to charge an entity other than the State
of Illinois for supplies or services at the State's contracted
rate to fulfill the State's mandated requirements.
(30 ILCS 500/5-5)
Sec. 5-5. Procurement Policy Board.
(a) Creation. There is created a Procurement Policy Board,
an agency of the State of Illinois.
(b) Authority and duties. The Board shall have the
authority and responsibility to review, comment upon, and
recommend, consistent with this Code, rules and practices
governing the procurement, management, control, and disposal
of supplies, services, professional or artistic services,
construction, and real property and capital improvement leases
procured by the State. The Board shall also have the authority
to recommend a program for professional development and provide
opportunities for training in procurement practices and
policies to chief procurement officers and their staffs in
order to ensure that all procurement is conducted in an
efficient, professional, and appropriately transparent manner.
Upon a three-fifths vote of its members, the Board may
review a contract. Upon a three-fifths vote of its members, the
Board may propose procurement rules for consideration by chief
procurement officers. These proposals shall be published in
each volume of the Procurement Bulletin. Except as otherwise
provided by law, the Board shall act upon the vote of a
majority of its members who have been appointed and are
serving.
(b-5) Reviews, studies, and hearings. The Board may review,
study, and hold public hearings concerning the implementation
and administration of this Code. Each chief procurement
officer, State purchasing officer, procurement compliance
monitor, and State agency shall cooperate with the Board,
provide information to the Board, and be responsive to the
Board in the Board's conduct of its reviews, studies, and
hearings.
(c) Members. The Board shall consist of 5 members appointed
one each by the 4 legislative leaders and the Governor. Each
member shall have demonstrated sufficient business or
professional experience in the area of procurement to perform
the functions of the Board. No member may be a member of the
General Assembly.
(d) Terms. Of the initial appointees, the Governor shall
designate one member, as Chairman, to serve a one-year term,
the President of the Senate and the Speaker of the House shall
each appoint one member to serve 3-year terms, and the Minority
Leader of the House and the Minority Leader of the Senate shall
each appoint one member to serve 2-year terms. Subsequent terms
shall be 4 years. Members may be reappointed for succeeding
terms.
(e) Reimbursement. Members shall receive no compensation
but shall be reimbursed for any expenses reasonably incurred in
the performance of their duties.
(f) Staff support. Upon a three-fifths vote of its members,
the Board may employ an executive director. Subject to
appropriation, the Board also may employ a reasonable and
necessary number of staff persons.
(g) Meetings. Meetings of the Board may be conducted
telephonically, electronically, or through the use of other
telecommunications. Written minutes of such meetings shall be
created and available for public inspection and copying.
(h) Procurement recommendations. Upon a three-fifths vote
of its members, the Board may review a proposal, bid, or
contract and issue a recommendation to void a contract or
reject a proposal or bid based on any violation of this Code or
the existence of a conflict of interest as described in
subsections (b) and (d) of Section 50-35. A chief procurement
officer or State purchasing officer shall notify the Board if
an alleged conflict of interest or violation of the Code is
identified, discovered, or reasonably suspected to exist. Any
person or entity may notify the Board of an alleged conflict of
interest or violation of the Code. A recommendation of the
Board shall be delivered to the appropriate chief procurement
officer and Executive Ethics Commission within 7 calendar days
and must be published in the next volume of the Procurement
Bulletin. In the event that an alleged conflict of interest or
violation of the Code that was not originally disclosed with
the bid, offer, or proposal is identified and filed with the
Board, the Board shall provide written notice of the alleged
conflict of interest or violation to the bidder, offeror,
potential contractor, contractor, or subcontractor on that
contract. If the alleged conflict of interest or violation is
by the subcontractor, written notice shall also be provided to
the bidder, offeror, potential contractor, or contractor. The
bidder, offeror, potential contractor, contractor, or
subcontractor shall have 15 calendar days to provide a written
response to the notice, and a hearing before the Board on the
alleged conflict of interest or violation shall be held upon
request by the bidder, offeror, potential contractor,
contractor, or subcontractor. The requested hearing date and
time shall be determined by the Board, but in no event shall
the hearing occur later than 15 calendar days after the date of
the request.
(i) After providing notice and a hearing as required by
subsection (h), the Board shall refer any alleged violations of
this Code to the Executive Inspector General in addition to or
instead of issuing a recommendation to void a contract.
(j) Response. Each State agency shall respond promptly in
writing to all inquiries and comments of the Procurement Policy
Board.
(Source: P.A. 97-895, eff. 8-3-12; 98-1076, eff. 1-1-15.)
(30 ILCS 500/5-30)
Sec. 5-30. Proposed contracts; Procurement Policy Board.
(a) Except as provided in subsection (c), within 14 30
calendar days after notice of the awarding or letting of a
contract has appeared in the Procurement Bulletin in accordance
with subsection (b) of Section 15-25, the Board may request in
writing from the contracting agency and the contracting agency
shall promptly, but in no event later than 7 calendar days
after receipt of the request, provide to the Board, by
electronic or other means satisfactory to the Board,
documentation in the possession of the contracting agency
concerning the proposed contract. Nothing in this subsection is
intended to waive or abrogate any privilege or right of
confidentiality authorized by law.
(b) No contract subject to this Section may be entered into
until the 14-day 30-day period described in subsection (a) has
expired, unless the contracting agency requests in writing that
the Board waive the period and the Board grants the waiver in
writing.
(c) This Section does not apply to (i) contracts entered
into under this Code for small and emergency procurements as
those procurements are defined in Article 20 and (ii) contracts
for professional and artistic services that are nonrenewable,
one year or less in duration, and have a value of less than
$20,000. If requested in writing by the Board, however, the
contracting agency must promptly, but in no event later than 10
calendar days after receipt of the request, transmit to the
Board a copy of the contract for an emergency procurement and
documentation in the possession of the contracting agency
concerning the contract.
(Source: P.A. 98-1076, eff. 1-1-15.)
(30 ILCS 500/10-10)
Sec. 10-10. Independent State purchasing officers.
(a) The chief procurement officer shall appoint a State
purchasing officer for each agency that the chief procurement
officer is responsible for under Section 1-15.15. A State
purchasing officer shall be located in the State agency that
the officer serves but shall report to his or her respective
chief procurement officer. The State purchasing officer shall
have direct communication with agency staff assigned to assist
with any procurement process. At the direction of his or her
respective chief procurement officer, a State purchasing
officer shall have the authority to (i) review any contract or
contract amendment prior to execution to ensure that applicable
procurement and contracting standards were followed and (ii)
approve or reject contracts for a purchasing agency. If the
State purchasing officer provides written approval of the
contract, the head of the applicable State agency shall have
the authority to sign and enter into that contract. All actions
of a State purchasing officer are subject to review by a chief
procurement officer in accordance with procedures and policies
established by the chief procurement officer.
(a-5) A State purchasing officer may (i) attend any
procurement meetings; (ii) access any records or files related
to procurement; (iii) submit reports to the chief procurement
officer on procurement issues; (iv) ensure the State agency is
maintaining appropriate records; and (v) ensure transparency
of the procurement process.
(a-10) If a State purchasing officer is aware of
misconduct, waste, or inefficiency with respect to State
procurement, the State purchasing officer shall advise the
State agency of the issue in writing. If the State agency does
not correct the issue, the State purchasing officer shall
report the problem, in writing, to the chief procurement
officer and appropriate Inspector General.
(b) In addition to any other requirement or qualification
required by State law, within 30 months after appointment, a
State purchasing officer must be a Certified Professional
Public Buyer or a Certified Public Purchasing Officer, pursuant
to certification by the Universal Public Purchasing
Certification Council or the Institute for Supply Management. A
State purchasing officer shall serve a term of 5 years
beginning on the date of the officer's appointment. A State
purchasing officer shall have an office located in the State
agency that the officer serves but shall report to the chief
procurement officer. A State purchasing officer may be removed
by a chief procurement officer for cause after a hearing by the
Executive Ethics Commission. The chief procurement officer or
executive officer of the State agency housing the State
purchasing officer may institute a complaint against the State
purchasing officer by filing such a complaint with the
Commission and the Commission shall have a public hearing based
on the complaint. The State purchasing officer, chief
procurement officer, and executive officer of the State agency
shall receive notice of the hearing and shall be permitted to
present their respective arguments on the complaint. After the
hearing, the Commission shall make a non-binding
recommendation on whether the State purchasing officer shall be
removed. The salary of a State purchasing officer shall be
established by the chief procurement officer and may not be
diminished during the officer's term. In the absence of an
appointed State purchasing officer, the applicable chief
procurement officer shall exercise the procurement authority
created by this Code and may appoint a temporary acting State
purchasing officer.
(c) Each State purchasing officer owes a fiduciary duty to
the State.
(Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793
for the effective date of changes made by P.A. 96-795); 97-895,
eff. 8-3-12.)
(30 ILCS 500/10-15)
Sec. 10-15. Procurement compliance monitors.
(a) The Executive Ethics Commission may shall appoint
procurement compliance monitors to oversee and review the
procurement processes. Each procurement compliance monitor
shall serve a term of 5 years beginning on the date of the
officer's appointment. Each procurement compliance monitor
appointed pursuant to this Section and serving a 5-year term on
the effective date of this amendatory Act of the 100th General
Assembly shall have an office located in the State agency that
the monitor serves but shall report to the appropriate chief
procurement officer in the performance of his or her duties
until the expiration of the monitor's term. The compliance
monitor shall have direct communications with the executive
officer of a State agency in exercising duties. A procurement
compliance monitor may be removed only for cause after a
hearing by the Executive Ethics Commission. The appropriate
chief procurement officer or executive officer of the State
agency served by housing the procurement compliance monitor may
institute a complaint against the procurement compliance
monitor with the Commission and the Commission shall hold a
public hearing based on the complaint. The procurement
compliance monitor, State purchasing officer, appropriate
chief procurement officer, and executive officer of the State
agency shall receive notice of the hearing and shall be
permitted to present their respective arguments on the
complaint. After the hearing, the Commission shall determine
whether the procurement compliance monitor shall be removed.
The salary of a procurement compliance monitor shall be
established by the Executive Ethics Commission and may not be
diminished during the officer's term.
(b) The procurement compliance monitor shall: (i) review
any procurement, contract, or contract amendment as directed by
the Executive Ethics Commission or a chief procurement officer;
and (ii) report any findings of the review, in writing, to the
Commission, the affected agency, the chief procurement officer
responsible for the affected agency, and any entity requesting
the review. The procurement compliance monitor may: (i) review
each contract or contract amendment prior to execution to
ensure that applicable procurement and contracting standards
were followed; (ii) attend any procurement meetings; (iii)
access any records or files related to procurement; (iv) issue
reports to the chief procurement officer on procurement issues
that present issues or that have not been corrected after
consultation with appropriate State officials; (v) ensure the
State agency is maintaining appropriate records; and (vi)
ensure transparency of the procurement process.
(c) If the procurement compliance monitor is aware of
misconduct, waste, or inefficiency with respect to State
procurement, the procurement compliance monitor shall advise
the State agency of the issue in writing. If the State agency
does not correct the issue, the monitor shall report the
problem, in writing, to the chief procurement officer and
Inspector General.
(d) Each procurement compliance monitor owes a fiduciary
duty to the State.
(Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793
for the effective date of changes made by P.A. 96-795); 97-895,
eff. 8-3-12.)
(30 ILCS 500/10-30 new)
Sec. 10-30. Fiduciary duty. Each chief procurement
officer, State purchasing officer, and procurement compliance
monitor owe a fiduciary duty to the State.
(30 ILCS 500/15-25)
Sec. 15-25. Bulletin content.
(a) Invitations for bids. Notice of each and every contract
that is offered, including renegotiated contracts and change
orders, shall be published in the Bulletin. All businesses
listed on the Department of Transportation Disadvantaged
Business Enterprise Directory, the Department of Central
Management Services Business Enterprise Program, and the Chief
Procurement Office's Small Business Vendors Directory shall be
furnished written instructions and information on how to
register on each Procurement Bulletin maintained by the State.
Such information shall be provided to each business within 30
calendar days after the business' notice of certification. The
applicable chief procurement officer may provide by rule an
organized format for the publication of this information, but
in any case it must include at least the date first offered,
the date submission of offers is due, the location that offers
are to be submitted to, the purchasing State agency, the
responsible State purchasing officer, a brief purchase
description, the method of source selection, information of how
to obtain a comprehensive purchase description and any
disclosure and contract forms, and encouragement to potential
contractors to hire qualified veterans, as defined by Section
45-67 of this Code, and qualified Illinois minorities, women,
persons with disabilities, and residents discharged from any
Illinois adult correctional center.
(a-5) All businesses listed on the Illinois Unified
Certification Program Disadvantaged Business Enterprise
Directory, the Business Enterprise Program of the Department of
Central Management Services, and any small business database
created pursuant to Section 45-45 of this Code shall be
furnished written instructions and information on how to
register for the Illinois Procurement Bulletin. This
information shall be provided to each business within 30
calendar days after the business's notice of certification or
qualification.
(b) Contracts let. Notice of each and every contract that
is let, including renegotiated contracts and change orders,
shall be issued electronically to those bidders submitting
responses to the solicitations, inclusive of the unsuccessful
bidders, immediately upon contract let. Failure of any chief
procurement officer to give such notice shall result in tolling
the time for filing a bid protest up to 7 calendar days.
For purposes of this subsection (b), "contracts let" means
a construction agency's act of advertising an invitation for
bids for one or more construction projects.
(b-5) Contracts awarded. Notice of each and every contract
that is awarded, including renegotiated contracts and change
orders, shall be issued electronically to the successful
responsible bidder, offeror, or contractor and published in the
next available subsequent Bulletin. The applicable chief
procurement officer may provide by rule an organized format for
the publication of this information, but in any case it must
include at least all of the information specified in subsection
(a) as well as the name of the successful responsible bidder,
offeror, the contract price, the number of unsuccessful bidders
or offerors and any other disclosure specified in any Section
of this Code. This notice must be posted in the online
electronic Bulletin prior to execution of the contract.
For purposes of this subsection (b-5), "contract award"
means the determination that a particular bidder or offeror has
been selected from among other bidders or offerors to receive a
contract, subject to the successful completion of final
negotiations. "Contract award" is evidenced by the posting of a
Notice of Award or a Notice of Intent to Award to the
respective volume of the Illinois Procurement Bulletin.
(c) Emergency purchase disclosure. Any chief procurement
officer or State purchasing officer exercising emergency
purchase authority under this Code shall publish a written
description and reasons and the total cost, if known, or an
estimate if unknown and the name of the responsible chief
procurement officer and State purchasing officer, and the
business or person contracted with for all emergency purchases
in the next timely, practicable Bulletin. This notice must be
posted in the online electronic Bulletin no later than 5
calendar days after the contract is awarded. Notice of a
hearing to extend an emergency contract must be posted in the
online electronic Procurement Bulletin no later than 14
calendar days prior to the hearing.
(c-5) Business Enterprise Program report. Each purchasing
agency shall, with the assistance of the applicable chief
procurement officer, post in the online electronic Bulletin a
copy of its annual report of utilization of businesses owned by
minorities, females, and persons with disabilities as
submitted to the Business Enterprise Council for Minorities,
Females, and Persons with Disabilities pursuant to Section 6(c)
of the Business Enterprise for Minorities, Females, and Persons
with Disabilities Act within 10 calendar days after its
submission of its report to the Council.
(c-10) Renewals. Notice of each contract renewal shall be
posted in the online electronic Bulletin within 14 calendar
days of the determination to execute a renewal of the renew the
contract and the next available subsequent Bulletin. The notice
shall include at least all of the information required in
subsection (a) or (b), as applicable.
(c-15) Sole source procurements. Before entering into a
sole source contract, a chief procurement officer exercising
sole source procurement authority under this Code shall publish
a written description of intent to enter into a sole source
contract along with a description of the item to be procured
and the intended sole source contractor. This notice must be
posted in the online electronic Procurement Bulletin before a
sole source contract is awarded and at least 14 calendar days
before the hearing required by Section 20-25.
(d) Other required disclosure. The applicable chief
procurement officer shall provide by rule for the organized
publication of all other disclosure required in other Sections
of this Code in a timely manner.
(e) The changes to subsections (b), (c), (c-5), (c-10), and
(c-15) of this Section made by this amendatory Act of the 96th
General Assembly apply to reports submitted, offers made, and
notices on contracts executed on or after its effective date.
(f) Each chief procurement officer shall, in consultation
with the agencies under his or her jurisdiction, provide the
Procurement Policy Board with the information and resources
necessary, and in a manner, to effectuate the purpose of this
amendatory Act of the 96th General Assembly.
(Source: P.A. 97-895, eff. 8-3-12; 98-1038, eff. 8-25-14;
98-1076, eff. 1-1-15.)
(30 ILCS 500/15-30)
Sec. 15-30. Electronic Bulletin clearinghouse.
(a) The Procurement Policy Board shall maintain on its
official website a searchable database containing all
information required to be included in the Illinois Procurement
Bulletin under subsections (b), (c), (c-10), and (c-15) of
Section 15-25 and all information required to be disclosed
under Section 50-41. The posting of procurement information on
the website is subject to the same posting requirements as the
online electronic Bulletin.
(b) For the purposes of this Section, searchable means
searchable and sortable by awarded successful responsible
bidder, offeror, potential contractor, or contractor, for
emergency purchases, business or person contracted with; the
contract price or total cost; the service or supply good; the
purchasing State agency; and the date first offered or
announced.
(c) The applicable chief procurement officer shall provide
the Procurement Policy Board the information and resources
necessary, and in a manner, to effectuate the purpose of this
Section.
(Source: P.A. 97-895, eff. 8-3-12; 98-1076, eff. 1-1-15.)
(30 ILCS 500/20-10)
(Text of Section before amendment by P.A. 99-906)
(Text of Section from P.A. 96-159, 96-588, 97-96, 97-895,
and 98-1076)
Sec. 20-10. Competitive sealed bidding; reverse auction.
(a) Conditions for use. All contracts shall be awarded by
competitive sealed bidding except as otherwise provided in
Section 20-5.
(b) Invitation for bids. An invitation for bids shall be
issued and shall include a purchase description and the
material contractual terms and conditions applicable to the
procurement.
(c) Public notice. Public notice of the invitation for bids
shall be published in the Illinois Procurement Bulletin at
least 14 calendar days before the date set in the invitation
for the opening of bids.
(d) Bid opening. Bids shall be opened publicly or through
an electronic procurement system in the presence of one or more
witnesses at the time and place designated in the invitation
for bids. The name of each bidder, the amount of each bid, and
other relevant information as may be specified by rule shall be
recorded. After the award of the contract, the winning bid and
the record of each unsuccessful bid shall be open to public
inspection.
(e) Bid acceptance and bid evaluation. Bids shall be
unconditionally accepted without alteration or correction,
except as authorized in this Code. Bids shall be evaluated
based on the requirements set forth in the invitation for bids,
which may include criteria to determine acceptability such as
inspection, testing, quality, workmanship, delivery, and
suitability for a particular purpose. Those criteria that will
affect the bid price and be considered in evaluation for award,
such as discounts, transportation costs, and total or life
cycle costs, shall be objectively measurable. The invitation
for bids shall set forth the evaluation criteria to be used.
(f) Correction or withdrawal of bids. Correction or
withdrawal of inadvertently erroneous bids before or after
award, or cancellation of awards of contracts based on bid
mistakes, shall be permitted in accordance with rules. After
bid opening, no changes in bid prices or other provisions of
bids prejudicial to the interest of the State or fair
competition shall be permitted. All decisions to permit the
correction or withdrawal of bids based on bid mistakes shall be
supported by written determination made by a State purchasing
officer.
(g) Award. The contract shall be awarded with reasonable
promptness by written notice to the lowest responsible and
responsive bidder whose bid meets the requirements and criteria
set forth in the invitation for bids, except when a State
purchasing officer determines it is not in the best interest of
the State and by written explanation determines another bidder
shall receive the award. The explanation shall appear in the
appropriate volume of the Illinois Procurement Bulletin. The
written explanation must include:
(1) a description of the agency's needs;
(2) a determination that the anticipated cost will be
fair and reasonable;
(3) a listing of all responsible and responsive
bidders; and
(4) the name of the bidder selected, the total contract
price, and the reasons for selecting that bidder.
Each chief procurement officer may adopt guidelines to
implement the requirements of this subsection (g).
The written explanation shall be filed with the Legislative
Audit Commission and the Procurement Policy Board, and be made
available for inspection by the public, within 30 calendar days
after the agency's decision to award the contract.
(h) Multi-step sealed bidding. When it is considered
impracticable to initially prepare a purchase description to
support an award based on price, an invitation for bids may be
issued requesting the submission of unpriced offers to be
followed by an invitation for bids limited to those bidders
whose offers have been qualified under the criteria set forth
in the first solicitation.
(i) Alternative procedures. Notwithstanding any other
provision of this Act to the contrary, the Director of the
Illinois Power Agency may create alternative bidding
procedures to be used in procuring professional services under
subsection (a) of Section 1-75 and subsection (d) of Section
1-78 of the Illinois Power Agency Act and Section 16-111.5(c)
of the Public Utilities Act and to procure renewable energy
resources under Section 1-56 of the Illinois Power Agency Act.
These alternative procedures shall be set forth together with
the other criteria contained in the invitation for bids, and
shall appear in the appropriate volume of the Illinois
Procurement Bulletin.
(j) Reverse auction. Notwithstanding any other provision
of this Section and in accordance with rules adopted by the
chief procurement officer, that chief procurement officer may
procure supplies or services through a competitive electronic
auction bidding process after the chief procurement officer
determines that the use of such a process will be in the best
interest of the State. The chief procurement officer shall
publish that determination in his or her next volume of the
Illinois Procurement Bulletin.
An invitation for bids shall be issued and shall include
(i) a procurement description, (ii) all contractual terms,
whenever practical, and (iii) conditions applicable to the
procurement, including a notice that bids will be received in
an electronic auction manner.
Public notice of the invitation for bids shall be given in
the same manner as provided in subsection (c).
Bids shall be accepted electronically at the time and in
the manner designated in the invitation for bids. During the
auction, a bidder's price shall be disclosed to other bidders.
Bidders shall have the opportunity to reduce their bid prices
during the auction. At the conclusion of the auction, the
record of the bid prices received and the name of each bidder
shall be open to public inspection.
After the auction period has terminated, withdrawal of bids
shall be permitted as provided in subsection (f).
The contract shall be awarded within 60 calendar days after
the auction by written notice to the lowest responsible bidder,
or all bids shall be rejected except as otherwise provided in
this Code. Extensions of the date for the award may be made by
mutual written consent of the State purchasing officer and the
lowest responsible bidder.
This subsection does not apply to (i) procurements of
professional and artistic services, (ii) telecommunications
services, communication services, and information services,
and (iii) contracts for construction projects, including
design professional services.
(Source: P.A. 97-96, eff. 7-13-11; 97-895, eff. 8-3-12;
98-1076, eff. 1-1-15.)
(Text of Section from P.A. 96-159, 96-795, 97-96, 97-895,
and 98-1076)
Sec. 20-10. Competitive sealed bidding; reverse auction.
(a) Conditions for use. All contracts shall be awarded by
competitive sealed bidding except as otherwise provided in
Section 20-5.
(b) Invitation for bids. An invitation for bids shall be
issued and shall include a purchase description and the
material contractual terms and conditions applicable to the
procurement.
(c) Public notice. Public notice of the invitation for bids
shall be published in the Illinois Procurement Bulletin at
least 14 calendar days before the date set in the invitation
for the opening of bids.
(d) Bid opening. Bids shall be opened publicly or through
an electronic procurement system in the presence of one or more
witnesses at the time and place designated in the invitation
for bids. The name of each bidder, the amount of each bid, and
other relevant information as may be specified by rule shall be
recorded. After the award of the contract, the winning bid and
the record of each unsuccessful bid shall be open to public
inspection.
(e) Bid acceptance and bid evaluation. Bids shall be
unconditionally accepted without alteration or correction,
except as authorized in this Code. Bids shall be evaluated
based on the requirements set forth in the invitation for bids,
which may include criteria to determine acceptability such as
inspection, testing, quality, workmanship, delivery, and
suitability for a particular purpose. Those criteria that will
affect the bid price and be considered in evaluation for award,
such as discounts, transportation costs, and total or life
cycle costs, shall be objectively measurable. The invitation
for bids shall set forth the evaluation criteria to be used.
(f) Correction or withdrawal of bids. Correction or
withdrawal of inadvertently erroneous bids before or after
award, or cancellation of awards of contracts based on bid
mistakes, shall be permitted in accordance with rules. After
bid opening, no changes in bid prices or other provisions of
bids prejudicial to the interest of the State or fair
competition shall be permitted. All decisions to permit the
correction or withdrawal of bids based on bid mistakes shall be
supported by written determination made by a State purchasing
officer.
(g) Award. The contract shall be awarded with reasonable
promptness by written notice to the lowest responsible and
responsive bidder whose bid meets the requirements and criteria
set forth in the invitation for bids, except when a State
purchasing officer determines it is not in the best interest of
the State and by written explanation determines another bidder
shall receive the award. The explanation shall appear in the
appropriate volume of the Illinois Procurement Bulletin. The
written explanation must include:
(1) a description of the agency's needs;
(2) a determination that the anticipated cost will be
fair and reasonable;
(3) a listing of all responsible and responsive
bidders; and
(4) the name of the bidder selected, the total contract
price, and the reasons for selecting that bidder.
Each chief procurement officer may adopt guidelines to
implement the requirements of this subsection (g).
The written explanation shall be filed with the Legislative
Audit Commission and the Procurement Policy Board, and be made
available for inspection by the public, within 30 days after
the agency's decision to award the contract.
(h) Multi-step sealed bidding. When it is considered
impracticable to initially prepare a purchase description to
support an award based on price, an invitation for bids may be
issued requesting the submission of unpriced offers to be
followed by an invitation for bids limited to those bidders
whose offers have been qualified under the criteria set forth
in the first solicitation.
(i) Alternative procedures. Notwithstanding any other
provision of this Act to the contrary, the Director of the
Illinois Power Agency may create alternative bidding
procedures to be used in procuring professional services under
subsection (a) of Section 1-75 and subsection (d) of Section
1-78 of the Illinois Power Agency Act and Section 16-111.5(c)
of the Public Utilities Act and to procure renewable energy
resources under Section 1-56 of the Illinois Power Agency Act.
These alternative procedures shall be set forth together with
the other criteria contained in the invitation for bids, and
shall appear in the appropriate volume of the Illinois
Procurement Bulletin.
(j) Reverse auction. Notwithstanding any other provision
of this Section and in accordance with rules adopted by the
chief procurement officer, that chief procurement officer may
procure supplies or services through a competitive electronic
auction bidding process after the chief procurement officer
determines that the use of such a process will be in the best
interest of the State. The chief procurement officer shall
publish that determination in his or her next volume of the
Illinois Procurement Bulletin.
An invitation for bids shall be issued and shall include
(i) a procurement description, (ii) all contractual terms,
whenever practical, and (iii) conditions applicable to the
procurement, including a notice that bids will be received in
an electronic auction manner.
Public notice of the invitation for bids shall be given in
the same manner as provided in subsection (c).
Bids shall be accepted electronically at the time and in
the manner designated in the invitation for bids. During the
auction, a bidder's price shall be disclosed to other bidders.
Bidders shall have the opportunity to reduce their bid prices
during the auction. At the conclusion of the auction, the
record of the bid prices received and the name of each bidder
shall be open to public inspection.
After the auction period has terminated, withdrawal of bids
shall be permitted as provided in subsection (f).
The contract shall be awarded within 60 calendar days after
the auction by written notice to the lowest responsible bidder,
or all bids shall be rejected except as otherwise provided in
this Code. Extensions of the date for the award may be made by
mutual written consent of the State purchasing officer and the
lowest responsible bidder.
This subsection does not apply to (i) procurements of
professional and artistic services, (ii) telecommunications
services, communication services, and information services,
and (iii) contracts for construction projects, including
design professional services.
(Source: P.A. 97-96, eff. 7-13-11; 97-895, eff. 8-3-12;
98-1076, eff. 1-1-15.)
(Text of Section after amendment by P.A. 99-906)
(Text of Section from P.A. 96-159, 96-588, 97-96, 97-895,
98-1076, and 99-906)
Sec. 20-10. Competitive sealed bidding; reverse auction.
(a) Conditions for use. All contracts shall be awarded by
competitive sealed bidding except as otherwise provided in
Section 20-5.
(b) Invitation for bids. An invitation for bids shall be
issued and shall include a purchase description and the
material contractual terms and conditions applicable to the
procurement.
(c) Public notice. Public notice of the invitation for bids
shall be published in the Illinois Procurement Bulletin at
least 14 calendar days before the date set in the invitation
for the opening of bids.
(d) Bid opening. Bids shall be opened publicly or through
an electronic procurement system in the presence of one or more
witnesses at the time and place designated in the invitation
for bids. The name of each bidder, the amount of each bid, and
other relevant information as may be specified by rule shall be
recorded. After the award of the contract, the winning bid and
the record of each unsuccessful bid shall be open to public
inspection.
(e) Bid acceptance and bid evaluation. Bids shall be
unconditionally accepted without alteration or correction,
except as authorized in this Code. Bids shall be evaluated
based on the requirements set forth in the invitation for bids,
which may include criteria to determine acceptability such as
inspection, testing, quality, workmanship, delivery, and
suitability for a particular purpose. Those criteria that will
affect the bid price and be considered in evaluation for award,
such as discounts, transportation costs, and total or life
cycle costs, shall be objectively measurable. The invitation
for bids shall set forth the evaluation criteria to be used.
(f) Correction or withdrawal of bids. Correction or
withdrawal of inadvertently erroneous bids before or after
award, or cancellation of awards of contracts based on bid
mistakes, shall be permitted in accordance with rules. After
bid opening, no changes in bid prices or other provisions of
bids prejudicial to the interest of the State or fair
competition shall be permitted. All decisions to permit the
correction or withdrawal of bids based on bid mistakes shall be
supported by written determination made by a State purchasing
officer.
(g) Award. The contract shall be awarded with reasonable
promptness by written notice to the lowest responsible and
responsive bidder whose bid meets the requirements and criteria
set forth in the invitation for bids, except when a State
purchasing officer determines it is not in the best interest of
the State and by written explanation determines another bidder
shall receive the award. The explanation shall appear in the
appropriate volume of the Illinois Procurement Bulletin. The
written explanation must include:
(1) a description of the agency's needs;
(2) a determination that the anticipated cost will be
fair and reasonable;
(3) a listing of all responsible and responsive
bidders; and
(4) the name of the bidder selected, the total contract
price, and the reasons for selecting that bidder.
Each chief procurement officer may adopt guidelines to
implement the requirements of this subsection (g).
The written explanation shall be filed with the Legislative
Audit Commission and the Procurement Policy Board, and be made
available for inspection by the public, within 30 calendar days
after the agency's decision to award the contract.
(h) Multi-step sealed bidding. When it is considered
impracticable to initially prepare a purchase description to
support an award based on price, an invitation for bids may be
issued requesting the submission of unpriced offers to be
followed by an invitation for bids limited to those bidders
whose offers have been qualified under the criteria set forth
in the first solicitation.
(i) Alternative procedures. Notwithstanding any other
provision of this Act to the contrary, the Director of the
Illinois Power Agency may create alternative bidding
procedures to be used in procuring professional services under
Section 1-56, subsections (a) and (c) of Section 1-75 and
subsection (d) of Section 1-78 of the Illinois Power Agency Act
and Section 16-111.5(c) of the Public Utilities Act and to
procure renewable energy resources under Section 1-56 of the
Illinois Power Agency Act. These alternative procedures shall
be set forth together with the other criteria contained in the
invitation for bids, and shall appear in the appropriate volume
of the Illinois Procurement Bulletin.
(j) Reverse auction. Notwithstanding any other provision
of this Section and in accordance with rules adopted by the
chief procurement officer, that chief procurement officer may
procure supplies or services through a competitive electronic
auction bidding process after the chief procurement officer
determines that the use of such a process will be in the best
interest of the State. The chief procurement officer shall
publish that determination in his or her next volume of the
Illinois Procurement Bulletin.
An invitation for bids shall be issued and shall include
(i) a procurement description, (ii) all contractual terms,
whenever practical, and (iii) conditions applicable to the
procurement, including a notice that bids will be received in
an electronic auction manner.
Public notice of the invitation for bids shall be given in
the same manner as provided in subsection (c).
Bids shall be accepted electronically at the time and in
the manner designated in the invitation for bids. During the
auction, a bidder's price shall be disclosed to other bidders.
Bidders shall have the opportunity to reduce their bid prices
during the auction. At the conclusion of the auction, the
record of the bid prices received and the name of each bidder
shall be open to public inspection.
After the auction period has terminated, withdrawal of bids
shall be permitted as provided in subsection (f).
The contract shall be awarded within 60 calendar days after
the auction by written notice to the lowest responsible bidder,
or all bids shall be rejected except as otherwise provided in
this Code. Extensions of the date for the award may be made by
mutual written consent of the State purchasing officer and the
lowest responsible bidder.
This subsection does not apply to (i) procurements of
professional and artistic services, (ii) telecommunications
services, communication services, and information services,
and (iii) contracts for construction projects, including
design professional services.
(Source: P.A. 98-1076, eff. 1-1-15; 99-906, eff. 6-1-17.)
(Text of Section from P.A. 96-159, 96-795, 97-96, 97-895,
98-1076, and 99-906)
Sec. 20-10. Competitive sealed bidding; reverse auction.
(a) Conditions for use. All contracts shall be awarded by
competitive sealed bidding except as otherwise provided in
Section 20-5.
(b) Invitation for bids. An invitation for bids shall be
issued and shall include a purchase description and the
material contractual terms and conditions applicable to the
procurement.
(c) Public notice. Public notice of the invitation for bids
shall be published in the Illinois Procurement Bulletin at
least 14 calendar days before the date set in the invitation
for the opening of bids.
(d) Bid opening. Bids shall be opened publicly or through
an electronic procurement system in the presence of one or more
witnesses at the time and place designated in the invitation
for bids. The name of each bidder, the amount of each bid, and
other relevant information as may be specified by rule shall be
recorded. After the award of the contract, the winning bid and
the record of each unsuccessful bid shall be open to public
inspection.
(e) Bid acceptance and bid evaluation. Bids shall be
unconditionally accepted without alteration or correction,
except as authorized in this Code. Bids shall be evaluated
based on the requirements set forth in the invitation for bids,
which may include criteria to determine acceptability such as
inspection, testing, quality, workmanship, delivery, and
suitability for a particular purpose. Those criteria that will
affect the bid price and be considered in evaluation for award,
such as discounts, transportation costs, and total or life
cycle costs, shall be objectively measurable. The invitation
for bids shall set forth the evaluation criteria to be used.
(f) Correction or withdrawal of bids. Correction or
withdrawal of inadvertently erroneous bids before or after
award, or cancellation of awards of contracts based on bid
mistakes, shall be permitted in accordance with rules. After
bid opening, no changes in bid prices or other provisions of
bids prejudicial to the interest of the State or fair
competition shall be permitted. All decisions to permit the
correction or withdrawal of bids based on bid mistakes shall be
supported by written determination made by a State purchasing
officer.
(g) Award. The contract shall be awarded with reasonable
promptness by written notice to the lowest responsible and
responsive bidder whose bid meets the requirements and criteria
set forth in the invitation for bids, except when a State
purchasing officer determines it is not in the best interest of
the State and by written explanation determines another bidder
shall receive the award. The explanation shall appear in the
appropriate volume of the Illinois Procurement Bulletin. The
written explanation must include:
(1) a description of the agency's needs;
(2) a determination that the anticipated cost will be
fair and reasonable;
(3) a listing of all responsible and responsive
bidders; and
(4) the name of the bidder selected, the total contract
price, and the reasons for selecting that bidder.
Each chief procurement officer may adopt guidelines to
implement the requirements of this subsection (g).
The written explanation shall be filed with the Legislative
Audit Commission and the Procurement Policy Board, and be made
available for inspection by the public, within 30 days after
the agency's decision to award the contract.
(h) Multi-step sealed bidding. When it is considered
impracticable to initially prepare a purchase description to
support an award based on price, an invitation for bids may be
issued requesting the submission of unpriced offers to be
followed by an invitation for bids limited to those bidders
whose offers have been qualified under the criteria set forth
in the first solicitation.
(i) Alternative procedures. Notwithstanding any other
provision of this Act to the contrary, the Director of the
Illinois Power Agency may create alternative bidding
procedures to be used in procuring professional services under
subsections (a) and (c) of Section 1-75 and subsection (d) of
Section 1-78 of the Illinois Power Agency Act and Section
16-111.5(c) of the Public Utilities Act and to procure
renewable energy resources under Section 1-56 of the Illinois
Power Agency Act. These alternative procedures shall be set
forth together with the other criteria contained in the
invitation for bids, and shall appear in the appropriate volume
of the Illinois Procurement Bulletin.
(j) Reverse auction. Notwithstanding any other provision
of this Section and in accordance with rules adopted by the
chief procurement officer, that chief procurement officer may
procure supplies or services through a competitive electronic
auction bidding process after the chief procurement officer
determines that the use of such a process will be in the best
interest of the State. The chief procurement officer shall
publish that determination in his or her next volume of the
Illinois Procurement Bulletin.
An invitation for bids shall be issued and shall include
(i) a procurement description, (ii) all contractual terms,
whenever practical, and (iii) conditions applicable to the
procurement, including a notice that bids will be received in
an electronic auction manner.
Public notice of the invitation for bids shall be given in
the same manner as provided in subsection (c).
Bids shall be accepted electronically at the time and in
the manner designated in the invitation for bids. During the
auction, a bidder's price shall be disclosed to other bidders.
Bidders shall have the opportunity to reduce their bid prices
during the auction. At the conclusion of the auction, the
record of the bid prices received and the name of each bidder
shall be open to public inspection.
After the auction period has terminated, withdrawal of bids
shall be permitted as provided in subsection (f).
The contract shall be awarded within 60 calendar days after
the auction by written notice to the lowest responsible bidder,
or all bids shall be rejected except as otherwise provided in
this Code. Extensions of the date for the award may be made by
mutual written consent of the State purchasing officer and the
lowest responsible bidder.
This subsection does not apply to (i) procurements of
professional and artistic services, (ii) telecommunications
services, communication services, and information services,
and (iii) contracts for construction projects, including
design professional services.
(Source: P.A. 98-1076, eff. 1-1-15; 99-906, eff. 6-1-17.)
(30 ILCS 500/20-15)
Sec. 20-15. Competitive sealed proposals.
(a) Conditions for use. When provided under this Code or
under rules, or when the purchasing agency determines in
writing that the use of competitive sealed bidding is either
not practicable or not advantageous to the State, a contract
may be entered into by competitive sealed proposals.
(b) Request for proposals. Proposals shall be solicited
through a request for proposals.
(c) Public notice. Public notice of the request for
proposals shall be published in the Illinois Procurement
Bulletin at least 14 calendar days before the date set in the
invitation for the opening of proposals.
(d) Receipt of proposals. Proposals shall be opened
publicly or via an electronic procurement system in the
presence of one or more witnesses at the time and place
designated in the request for proposals, but proposals shall be
opened in a manner to avoid disclosure of contents to competing
offerors during the process of negotiation. A record of
proposals shall be prepared and shall be open for public
inspection after contract award.
(e) Evaluation factors. The requests for proposals shall
state the relative importance of price and other evaluation
factors. Proposals shall be submitted in 2 parts: the first,
covering items except price; and the second, covering price.
The first part of all proposals shall be evaluated and ranked
independently of the second part of all proposals.
(f) Discussion with responsible offerors and revisions of
offers or proposals. As provided in the request for proposals
and under rules, discussions may be conducted with responsible
offerors who submit offers or proposals determined to be
reasonably susceptible of being selected for award for the
purpose of clarifying and assuring full understanding of and
responsiveness to the solicitation requirements. Those
offerors shall be accorded fair and equal treatment with
respect to any opportunity for discussion and revision of
proposals. Revisions may be permitted after submission and
before award for the purpose of obtaining best and final
offers. In conducting discussions there shall be no disclosure
of any information derived from proposals submitted by
competing offerors. If information is disclosed to any offeror,
it shall be provided to all competing offerors.
(g) Award. Awards shall be made to the responsible offeror
whose proposal is determined in writing to be the most
advantageous to the State, taking into consideration price and
the evaluation factors set forth in the request for proposals.
The contract file shall contain the basis on which the award is
made.
(Source: P.A. 98-1076, eff. 1-1-15.)
(30 ILCS 500/20-20)
Sec. 20-20. Small purchases.
(a) Amount. Any individual procurement of supplies or
services other than professional or artistic services, not
exceeding $100,000 $10,000 and any procurement of construction
not exceeding $100,000, or any individual procurement of
professional or artistic services not exceeding $100,000
$30,000 may be made without competitive source selection sealed
bidding. Procurements shall not be artificially divided so as
to constitute a small purchase under this Section. Any
procurement of construction not exceeding $100,000 may be made
by an alternative competitive source selection. The
construction agency shall establish rules for an alternative
competitive source selection process. This Section does not
apply to construction-related professional services contracts
awarded in accordance with the provisions of the Architectural,
Engineering, and Land Surveying Qualifications Based Selection
Act.
(b) Adjustment. Each July 1, the small purchase maximum
established in subsection (a) shall be adjusted for inflation
as determined by the Consumer Price Index for All Urban
Consumers as determined by the United States Department of
Labor and rounded to the nearest $100.
(c) Based upon rules proposed by the Board and rules
promulgated by the chief procurement officers, the small
purchase maximum established in subsection (a) may be modified.
(Source: P.A. 90-572, eff. date - See Sec. 99-5.)
(30 ILCS 500/20-25)
Sec. 20-25. Sole source procurements.
(a) In accordance with standards set by rule, contracts may
be awarded without use of the specified method of source
selection when there is only one economically feasible source
for the item. A State contract may be awarded as a sole source
contract procurement unless an interested party submits a
written request for a public hearing at which the chief
procurement officer and purchasing agency present written
justification for the procurement method. Any interested party
may present testimony. A sole source contract where a hearing
was requested by an interested party may be awarded after the
hearing is conducted with the approval of the chief procurement
officer.
(b) This Section may not be used as a basis for amending a
contract for professional or artistic services if the amendment
would result in an increase in the amount paid under the
contract of more than 5% of the initial award, or would extend
the contract term beyond the time reasonably needed for a
competitive procurement, not to exceed 2 months.
(c) Notice of intent to enter into a sole source contract
shall be provided to the Procurement Policy Board and published
in the online electronic Bulletin at least 14 calendar days
before the public hearing required in subsection (a). The
notice shall include the sole source procurement justification
form prescribed by the Board, a description of the item to be
procured, the intended sole source contractor, and the date,
time, and location of the public hearing. A copy of the notice
and all documents provided at the hearing shall be included in
the subsequent Procurement Bulletin.
(d) By August 1 each year, each chief procurement officer
shall file a report with the General Assembly identifying each
contract the officer sought under the sole source procurement
method and providing the justification given for seeking sole
source as the procurement method for each of those contracts.
(Source: P.A. 97-895, eff. 8-3-12; 98-1076, eff. 1-1-15.)
(30 ILCS 500/20-30)
Sec. 20-30. Emergency purchases.
(a) Conditions for use. In accordance with standards set by
rule, a purchasing agency may make emergency procurements
without competitive sealed bidding or prior notice when there
exists a threat to public health or public safety, or when
immediate expenditure is necessary for repairs to State
property in order to protect against further loss of or damage
to State property, to prevent or minimize serious disruption in
critical State services that affect health, safety, or
collection of substantial State revenues, or to ensure the
integrity of State records; provided, however, that the term of
the emergency purchase shall be limited to the time reasonably
needed for a competitive procurement, not to exceed 90 calendar
days. A contract may be extended beyond 90 calendar days if the
chief procurement officer determines additional time is
necessary and that the contract scope and duration are limited
to the emergency. Prior to execution of the extension, the
chief procurement officer must hold a public hearing and
provide written justification for all emergency contracts.
Members of the public may present testimony. Emergency
procurements shall be made with as much competition as is
practicable under the circumstances. A written description of
the basis for the emergency and reasons for the selection of
the particular contractor shall be included in the contract
file.
(b) Notice. Notice of all emergency procurements shall be
provided to the Procurement Policy Board and published in the
online electronic Bulletin no later than 5 calendar days after
the contract is awarded. Notice of intent to extend an
emergency contract shall be provided to the Procurement Policy
Board and published in the online electronic Bulletin at least
14 calendar days before the public hearing. Notice shall
include at least a description of the need for the emergency
purchase, the contractor, and if applicable, the date, time,
and location of the public hearing. A copy of this notice and
all documents provided at the hearing shall be included in the
subsequent Procurement Bulletin. Before the next appropriate
volume of the Illinois Procurement Bulletin, the purchasing
agency shall publish in the Illinois Procurement Bulletin a
copy of each written description and reasons and the total cost
of each emergency procurement made during the previous month.
When only an estimate of the total cost is known at the time of
publication, the estimate shall be identified as an estimate
and published. When the actual total cost is determined, it
shall also be published in like manner before the 10th day of
the next succeeding month.
(c) Statements Affidavits. A chief procurement officer
making a procurement under this Section shall file statements
affidavits with the Procurement Policy Board and the Auditor
General within 10 calendar days after the procurement setting
forth the amount expended, the name of the contractor involved,
and the conditions and circumstances requiring the emergency
procurement. When only an estimate of the cost is available
within 10 calendar days after the procurement, the actual cost
shall be reported immediately after it is determined. At the
end of each fiscal quarter, the Auditor General shall file with
the Legislative Audit Commission and the Governor a complete
listing of all emergency procurements reported during that
fiscal quarter. The Legislative Audit Commission shall review
the emergency procurements so reported and, in its annual
reports, advise the General Assembly of procurements that
appear to constitute an abuse of this Section.
(d) Quick purchases. The chief procurement officer may
promulgate rules extending the circumstances by which a
purchasing agency may make purchases under this Section,
including but not limited to the procurement of items available
at a discount for a limited period of time.
(e) The changes to this Section made by this amendatory Act
of the 96th General Assembly apply to procurements executed on
or after its effective date.
(Source: P.A. 98-1076, eff. 1-1-15.)
(30 ILCS 500/20-43)
Sec. 20-43. Bidder or offeror authorized to transact
business or conduct affairs do business in Illinois. In
addition to meeting any other requirement of law or rule, a
person (other than an individual acting as a sole proprietor)
may qualify as a bidder or offeror under this Code only if the
person is a legal entity prior to submitting the bid, offer, or
proposal. The legal entity must be authorized to transact
business or conduct affairs in Illinois prior to execution of
the contract submitting the bid, offer, or proposal. This
Section shall not apply to construction contracts that are
subject to the requirements of Sections 30-20 and 33-10 of this
Code. The pre-qualification requirements of Sections 30-20 and
33-10 of this Code shall include the requirement that the
bidder be registered with the Secretary of State.
(Source: P.A. 98-1076, eff. 1-1-15.)
(30 ILCS 500/20-80)
Sec. 20-80. Contract files.
(a) Written determinations. All written determinations
required under this Article shall be placed in the contract
file maintained by the chief procurement officer.
(b) Filing with Comptroller. Whenever a grant, defined
pursuant to accounting standards established by the
Comptroller, or a contract liability, except for: (1) contracts
paid from personal services, or (2) contracts between the State
and its employees to defer compensation in accordance with
Article 24 of the Illinois Pension Code, exceeding $20,000 is
incurred by any State agency, a copy of the contract, purchase
order, grant, or lease shall be filed with the Comptroller
within 30 calendar days thereafter. Beginning January 1, 2013,
the Comptroller may require that contracts and grants required
to be filed with the Comptroller under this Section shall be
filed electronically, unless the agency is incapable of filing
the contract or grant electronically because it does not
possess the necessary technology or equipment. Any State agency
that is incapable of electronically filing its contracts or
grants shall submit a written statement to the Governor and to
the Comptroller attesting to the reasons for its inability to
comply. This statement shall include a discussion of what the
State agency needs in order to effectively comply with this
Section. Prior to requiring electronic filing, the Comptroller
shall consult with the Governor as to the feasibility of
establishing mutually agreeable technical standards for the
electronic document imaging, storage, and transfer of
contracts and grants, taking into consideration the technology
available to that agency, best practices, and the technological
capabilities of State agencies. Nothing in this amendatory Act
of the 97th General Assembly shall be construed to impede the
implementation of an Enterprise Resource Planning (ERP)
system. For each State contract for goods, supplies, or
services awarded on or after July 1, 2010, the contracting
agency shall provide the applicable rate and unit of
measurement of the goods, supplies, or services on the contract
obligation document as required by the Comptroller. If the
contract obligation document that is submitted to the
Comptroller contains the rate and unit of measurement of the
goods, supplies, or services, the Comptroller shall provide
that information on his or her official website. Any
cancellation or modification to any such contract liability
shall be filed with the Comptroller within 30 calendar days of
its execution.
(c) Late filing affidavit. When a contract, purchase order,
grant, or lease required to be filed by this Section has not
been filed within 30 calendar days of execution, the
Comptroller shall refuse to issue a warrant for payment
thereunder until the agency files with the Comptroller the
contract, purchase order, grant, or lease and an affidavit,
signed by the chief executive officer of the agency or his or
her designee, setting forth an explanation of why the contract
liability was not filed within 30 calendar days of execution. A
copy of this affidavit shall be filed with the Auditor General.
(d) Timely execution of contracts. Except as set forth in
subsection (b) of this Section, no No voucher shall be
submitted to the Comptroller for a warrant to be drawn for the
payment of money from the State treasury or from other funds
held by the State Treasurer on account of any contract unless
the contract is reduced to writing before the services are
performed and filed with the Comptroller. Contractors Vendors
shall not be paid for any supplies goods that were received or
services that were rendered before the contract was reduced to
writing and signed by all necessary parties. A chief
procurement officer may request an exception to this subsection
by submitting a written statement to the Comptroller and
Treasurer setting forth the circumstances and reasons why the
contract could not be reduced to writing before the supplies
were received or services were performed. A waiver of this
subsection must be approved by the Comptroller and Treasurer.
This Section shall not apply to emergency purchases if notice
of the emergency purchase is filed with the Procurement Policy
Board and published in the Bulletin as required by this Code.
(e) Method of source selection. When a contract is filed
with the Comptroller under this Section, the Comptroller's file
shall identify the method of source selection used in obtaining
the contract.
(Source: P.A. 97-932, eff. 8-10-12; 98-1076, eff. 1-1-15.)
(30 ILCS 500/20-160)
Sec. 20-160. Business entities; certification;
registration with the State Board of Elections.
(a) For purposes of this Section, the terms "business
entity", "contract", "State contract", "contract with a State
agency", "State agency", "affiliated entity", and "affiliated
person" have the meanings ascribed to those terms in Section
50-37.
(b) Every bid and offer submitted to and every contract
executed by the State on or after January 1, 2009 (the
effective date of Public Act 95-971) and every submission to a
vendor portal shall contain (1) a certification by the bidder,
offeror, vendor, or contractor that either (i) the bidder,
offeror, vendor, or contractor is not required to register as a
business entity with the State Board of Elections pursuant to
this Section or (ii) the bidder, offeror, vendor, or contractor
has registered as a business entity with the State Board of
Elections and acknowledges a continuing duty to update the
registration and (2) a statement that the contract is voidable
under Section 50-60 for the bidder's, offeror's, vendor's, or
contractor's failure to comply with this Section.
(c) Each business entity (i) whose aggregate bids and
proposals on State contracts annually total more than $50,000,
(ii) whose aggregate bids and proposals on State contracts
combined with the business entity's aggregate annual total
value of State contracts exceed $50,000, or (iii) whose
contracts with State agencies, in the aggregate, annually total
more than $50,000 shall register with the State Board of
Elections in accordance with Section 9-35 of the Election Code.
A business entity required to register under this subsection
due to item (i) or (ii) has a continuing duty to ensure that
the registration is accurate during the period beginning on the
date of registration and ending on the day after the date the
contract is awarded; any change in information must be reported
to the State Board of Elections 5 business days following such
change or no later than a day before the contract is awarded,
whichever date is earlier. A business entity required to
register under this subsection due to item (iii) has a
continuing duty to ensure that the registration is accurate in
accordance with subsection (e).
(d) Any business entity, not required under subsection (c)
to register, whose aggregate bids and proposals on State
contracts annually total more than $50,000, or whose aggregate
bids and proposals on State contracts combined with the
business entity's aggregate annual total value of State
contracts exceed $50,000, shall register with the State Board
of Elections in accordance with Section 9-35 of the Election
Code prior to submitting to a State agency the bid or proposal
whose value causes the business entity to fall within the
monetary description of this subsection. A business entity
required to register under this subsection has a continuing
duty to ensure that the registration is accurate during the
period beginning on the date of registration and ending on the
day after the date the contract is awarded. Any change in
information must be reported to the State Board of Elections
within 5 business days following such change or no later than a
day before the contract is awarded, whichever date is earlier.
(e) A business entity whose contracts with State agencies,
in the aggregate, annually total more than $50,000 must
maintain its registration under this Section and has a
continuing duty to ensure that the registration is accurate for
the duration of the term of office of the incumbent
officeholder awarding the contracts or for a period of 2 years
following the expiration or termination of the contracts,
whichever is longer. A business entity, required to register
under this subsection, has a continuing duty to report any
changes on a quarterly basis to the State Board of Elections
within 14 calendar days following the last day of January,
April, July, and October of each year. Any update pursuant to
this paragraph that is received beyond that date is presumed
late and the civil penalty authorized by subsection (e) of
Section 9-35 of the Election Code (10 ILCS 5/9-35) may be
assessed.
Also, if a business entity required to register under this
subsection has a pending bid or offer, any change in
information shall be reported to the State Board of Elections
within 7 calendar days following such change or no later than a
day before the contract is awarded, whichever date is earlier.
(f) A business entity's continuing duty under this Section
to ensure the accuracy of its registration includes the
requirement that the business entity notify the State Board of
Elections of any change in information, including but not
limited to changes of affiliated entities or affiliated
persons.
(g) For any bid or offer for a contract with a State agency
by a business entity required to register under this Section,
the chief procurement officer shall verify that the business
entity is required to register under this Section and is in
compliance with the registration requirements on the date the
bid or offer is due. A chief procurement officer shall not
accept a bid or offer if the business entity is not in
compliance with the registration requirements as of the date
bids or offers are due. Upon discovery of noncompliance with
this Section, if the bidder or offeror made a good faith effort
to comply with registration efforts prior to the date the bid
or offer is due, a chief procurement officer may provide the
bidder or offeror 5 business days to achieve compliance. A
chief procurement officer may extend the time to prove
compliance by as long as necessary in the event that there is a
failure within the State Board of Election's registration
system.
(h) A registration, and any changes to a registration, must
include the business entity's verification of accuracy and
subjects the business entity to the penalties of the laws of
this State for perjury.
In addition to any penalty under Section 9-35 of the
Election Code, intentional, willful, or material failure to
disclose information required for registration shall render
the contract, bid, offer, or other procurement relationship
voidable by the chief procurement officer if he or she deems it
to be in the best interest of the State of Illinois.
(i) This Section applies regardless of the method of source
selection used in awarding the contract.
(Source: P.A. 97-333, eff. 8-12-11; 97-895, eff. 8-3-12;
98-1076, eff. 1-1-15.)
(30 ILCS 500/25-35)
Sec. 25-35. Purchase of coal and postage stamps.
(a) Delivery of necessary supplies. To avoid interruption
or impediment of delivery of necessary supplies, commodities,
and coal, State purchasing officers may approve a State
agency's make purchases of or contracts for supplies and
commodities after April 30 of a fiscal year when delivery of
the supplies and commodities is to be made after June 30 of
that fiscal year and payment for which is to be made from
appropriations for the next fiscal year.
(b) Postage. All postage stamps purchased from State funds
must be perforated for identification purposes. A General
Assembly member may furnish the U.S. Post Office with a warrant
so as to allow for the creation or continuation of a bulk rate
mailing fund in the name of the General Assembly member or may
furnish a postage meter company or post office with a warrant
so as to facilitate the purchase of a postage meter and its
stamps. Any postage meter so purchased must also contain a
stamp that shall state "Official State Mail".
(Source: P.A. 90-572, eff. date - See Sec. 99-5.)
(30 ILCS 500/25-85 new)
Sec. 25-85. Best value procurement.
(a) This Section shall apply only to purchases of heavy
mobile fleet vehicles and off-road construction equipment
procured by or on behalf of:
(1) institutions of higher education;
(2) the Department of Agriculture;
(3) the Department of Transportation; and
(4) the Department of Natural Resources.
(b) As used in this Section, "best value procurement" means
a contract award determined by objective criteria related to
price, features, functions, and life-cycle costs that may
include the following:
(1) total cost of ownership, including warranty, under
which all repair costs are borne solely by the warranty
provider; repair costs; maintenance costs; fuel
consumption; and salvage value;
(2) product performance, productivity, and safety
standards;
(3) the supplier's ability to perform to the contract
requirements; and
(4) environmental benefits, including reduction of
greenhouse gas emissions, reduction of air pollutant
emissions, or reduction of toxic or hazardous materials.
(c) The department or institution may enter into a contract
for heavy mobile fleet vehicles and off-road construction
equipment for use by the department or institution by means of
best value procurement, using specifications and criteria
developed in consultation with the Chief Procurement Officer of
each designated department or institution and conducted in
accordance with Section 20-15 of this Code.
(d) In addition to disclosure of the minimum requirements
for qualification, the solicitation document shall specify
which business performance measures, in addition to price,
shall be given a weighted value. The solicitation shall include
a scoring method based on those factors and price in
determining the successful offeror. Any evaluation and scoring
method shall ensure substantial weight is given to the contract
price.
(e) Upon written request of any person who has submitted an
offer, notice of the award shall be posted in a public place in
the offices of the department or institution at least 24 hours
before executing the contract or purchase order. If, before
making an award, any offeror who has submitted a bid files a
protest with the department or institution against the awarding
of the contract or purchase order on the ground that his or her
offer should have been selected in accordance with the
selection criteria in the solicitation document, the contract
or purchase order shall not be awarded until either the protest
has been withdrawn or the appropriate Chief Procurement Officer
has made a final decision as to the action to be taken relative
to the protest. Within 10 days after filing a protest, the
protesting offeror shall file with the Chief Procurement
Officer a full and complete written statement specifying in
detail the ground of the protest and the facts in support
thereof.
(f) The total annual value of vehicles and equipment
purchased through best value procurement pursuant to this
Section shall be limited to $20,000,000 per each department or
institution.
(g) Best value procurement shall only be used on
procurements first solicited on or before June 30, 2020.
(h) On or before January 1, 2021, the Chief Procurement
Officer of each designated department or institution shall
prepare an evaluation of the best value procurement pilot
program authorized by this Section, including a recommendation
on whether or not the process should be continued. The
evaluation shall be posted in the applicable volume or volumes
of the Illinois Procurement Bulletin on or before January 1,
2021.
(i) This Section is repealed on January 1, 2021.
(30 ILCS 500/35-15)
Sec. 35-15. Prequalification.
(a) The chief procurement officer for matters other than
construction and the higher education chief procurement
officer shall each develop appropriate and reasonable
prequalification standards and categories of professional and
artistic services.
(b) The prequalifications and categorizations shall be
submitted to the Procurement Policy Board and published for
public comment prior to their submission to the Joint Committee
on Administrative Rules for approval.
(c) The chief procurement officer for matters other than
construction and the higher education chief procurement
officer shall each also assemble and maintain a comprehensive
list of prequalified and categorized businesses and persons.
(d) Prequalification shall not be used to bar or prevent
any qualified business or person from for bidding or responding
to invitations for bid or requests for proposal.
(Source: P.A. 95-481, eff. 8-28-07; 96-920, eff. 7-1-10.)
(30 ILCS 500/35-30)
Sec. 35-30. Awards.
(a) All State contracts for professional and artistic
services, except as provided in this Section, shall be awarded
using the competitive request for proposal process outlined in
this Section.
(b) For each contract offered, the chief procurement
officer, State purchasing officer, or his or her designee shall
use the appropriate standard solicitation forms available from
the chief procurement officer for matters other than
construction or the higher education chief procurement
officer.
(c) Prepared forms shall be submitted to the chief
procurement officer for matters other than construction or the
higher education chief procurement officer, whichever is
appropriate, for publication in its Illinois Procurement
Bulletin and circulation to the chief procurement officer for
matters other than construction or the higher education chief
procurement officer's list of prequalified vendors. Notice of
the offer or request for proposal shall appear at least 14
calendar days before the response to the offer is due.
(d) All interested respondents shall return their
responses to the chief procurement officer for matters other
than construction or the higher education chief procurement
officer, whichever is appropriate, which shall open and record
them. The chief procurement officer for matters other than
construction or higher education chief procurement officer
then shall forward the responses, together with any information
it has available about the qualifications and other State work
of the respondents.
(e) After evaluation, ranking, and selection, the
responsible chief procurement officer, State purchasing
officer, or his or her designee shall notify the chief
procurement officer for matters other than construction or the
higher education chief procurement officer, whichever is
appropriate, of the successful respondent and shall forward a
copy of the signed contract for the chief procurement officer
for matters other than construction or higher education chief
procurement officer's file. The chief procurement officer for
matters other than construction or higher education chief
procurement officer shall publish the names of the responsible
procurement decision-maker, the agency letting the contract,
the successful respondent, a contract reference, and value of
the let contract in the next appropriate volume of the Illinois
Procurement Bulletin.
(f) For all professional and artistic contracts with
annualized value that exceeds $100,000 $25,000, evaluation and
ranking by price are required. Any chief procurement officer or
State purchasing officer, but not their designees, may select a
respondent other than the lowest respondent by price. In any
case, when the contract exceeds the $100,000 $25,000 threshold
and the lowest respondent is not selected, the chief
procurement officer or the State purchasing officer shall
forward together with the contract notice of who the low
respondent by price was and a written decision as to why
another was selected to the chief procurement officer for
matters other than construction or the higher education chief
procurement officer, whichever is appropriate. The chief
procurement officer for matters other than construction or
higher education chief procurement officer shall publish as
provided in subsection (e) of Section 35-30, but shall include
notice of the chief procurement officer's or State purchasing
officer's written decision.
(g) The chief procurement officer for matters other than
construction and higher education chief procurement officer
may each refine, but not contradict, this Section by
promulgating rules for submission to the Procurement Policy
Board and then to the Joint Committee on Administrative Rules.
Any refinement shall be based on the principles and procedures
of the federal Architect-Engineer Selection Law, Public Law
92-582 Brooks Act, and the Architectural, Engineering, and Land
Surveying Qualifications Based Selection Act; except that
pricing shall be an integral part of the selection process.
(Source: P.A. 98-1076, eff. 1-1-15.)
(30 ILCS 500/35-35)
Sec. 35-35. Exceptions.
(a) Exceptions to Section 35-30 are allowed for sole source
procurements, emergency procurements, and at the discretion of
the chief procurement officer or the State purchasing officer,
but not their designees, for professional and artistic
contracts that are nonrenewable, one year or less in duration,
and have a value of less than $100,000 $20,000.
(b) All exceptions granted under this Article must still be
submitted to the chief procurement officer for matters other
than construction or the higher education chief procurement
officer, whichever is appropriate, and published as provided
for in subsection (f) of Section 35-30, shall name the
authorizing chief procurement officer or State purchasing
officer, and shall include a brief explanation of the reason
for the exception.
(Source: P.A. 95-481, eff. 8-28-07; 96-920, eff. 7-1-10.)
(30 ILCS 500/40-30)
Sec. 40-30. Purchase option. Leases Initial leases of all
space in entire, free-standing buildings shall include an
option to purchase exercisable exerciseable by the State,
unless the purchasing officer determines that inclusion of such
purchase option is not in the State's best interest and makes
that determination in writing along with the reasons for making
that determination and publishes the written determination in
the appropriate volume of the Illinois Procurement Bulletin.
Leases from governmental units and not-for-profit entities are
exempt from the requirements of this Section.
(Source: P.A. 90-572, eff. date - See Sec. 99-5; revised
9-9-16.)
(30 ILCS 500/45-15)
Sec. 45-15. Soybean oil-based ink and vegetable oil-based
ink.
(a) As used in this Section:
"Digital printing" means a printing method which includes,
but is not limited to, the electrostatic process of
transferring ink or toner to a substrate. This process may
involve the use of photo imaging plates, photoreceptor drums,
or belts which hold an electrostatic charge. "Digital printing"
is also defined as a process of transferring ink through a
print head directly to a substrate, as is done with ink-jet
printers.
"Offset printing" means lithography, flexography, gravure,
or letterpress. "Offset printing" involves the process of
transferring ink through static or fixed image plates using an
impact method of pressing ink into a substrate.
(b) Contracts requiring the procurement of offset printing
services shall specify the use of soybean oil-based ink or
vegetable oil-based ink unless a State purchasing officer
determines that another type of ink is required to assure high
quality and reasonable pricing of the printed product.
This Section does not apply to digital printing services.
(Source: P.A. 90-572, eff. date - See Sec. 99-5.)
(30 ILCS 500/45-30)
Sec. 45-30. Illinois Correctional Industries.
Notwithstanding anything to the contrary in other law, each the
chief procurement officer appointed pursuant to paragraph (4)
of subsection (a) of Section 10-20 shall, in consultation with
Illinois Correctional Industries, a division of the Illinois
Department of Corrections (referred to as the "Illinois
Correctional Industries" or "ICI") determine for all State
agencies under their respective jurisdictions which articles,
materials, industry related services, food stuffs, and
finished goods that are produced or manufactured by persons
confined in institutions and facilities of the Department of
Corrections who are participating in Illinois Correctional
Industries programs shall be purchased from Illinois
Correctional Industries. Each The chief procurement officer
appointed pursuant to paragraph (4) of subsection (a) of
Section 10-20 shall develop and distribute to the appropriate
various purchasing and using agencies a listing of all Illinois
Correctional Industries products and procedures for
implementing this Section.
(Source: P.A. 98-1076, eff. 1-1-15.)
(30 ILCS 500/45-45)
Sec. 45-45. Small businesses.
(a) Set-asides. Each chief procurement officer has
authority to designate as small business set-asides a fair
proportion of construction, supply, and service contracts for
award to small businesses in Illinois. Advertisements for bids
or offers for those contracts shall specify designation as
small business set-asides. In awarding the contracts, only bids
or offers from qualified small businesses shall be considered.
(b) Small business. "Small business" means a business that
is independently owned and operated and that is not dominant in
its field of operation. The chief procurement officer shall
establish a detailed definition by rule, using in addition to
the foregoing criteria other criteria, including the number of
employees and the dollar volume of business. When computing the
size status of a potential contractor, annual sales and
receipts of the potential contractor and all of its affiliates
shall be included. The maximum number of employees and the
maximum dollar volume that a small business may have under the
rules promulgated by the chief procurement officer may vary
from industry to industry to the extent necessary to reflect
differing characteristics of those industries, subject to the
following limitations:
(1) No wholesale business is a small business if its
annual sales for its most recently completed fiscal year
exceed $13,000,000.
(2) No retail business or business selling services is
a small business if its annual sales and receipts exceed
$8,000,000.
(3) No manufacturing business is a small business if it
employs more than 250 persons.
(4) No construction business is a small business if its
annual sales and receipts exceed $14,000,000.
(c) Fair proportion. For the purpose of subsection (a), for
State agencies of the executive branch, a fair proportion of
construction contracts shall be no less than 25% nor more than
40% of the annual total contracts for construction.
(d) Withdrawal of designation. A small business set-aside
designation may be withdrawn by the purchasing agency when
deemed in the best interests of the State. Upon withdrawal, all
bids or offers shall be rejected, and the bidders or offerors
shall be notified of the reason for rejection. The contract
shall then be awarded in accordance with this Code without the
designation of small business set-aside.
(e) Small business specialist. Each The chief procurement
officer shall designate one or more individuals a State
purchasing officer who will be responsible for engaging an
experienced contract negotiator to serve as its small business
specialist. The small business specialists shall collectively
work together to accomplish the following duties , whose duties
shall include:
(1) Compiling and maintaining a comprehensive list of
potential small contractors. In this duty, he or she shall
cooperate with the Federal Small Business Administration
in locating potential sources for various products and
services.
(2) Assisting small businesses in complying with the
procedures for bidding on State contracts.
(3) Examining requests from State agencies for the
purchase of property or services to help determine which
invitations to bid are to be designated small business
set-asides.
(4) Making recommendations to the chief procurement
officer for the simplification of specifications and terms
in order to increase the opportunities for small business
participation.
(5) Assisting in investigations by purchasing agencies
to determine the responsibility of bidders or offerors on
small business set-asides.
(f) Small business annual report. Each small business
specialist The State purchasing officer designated under
subsection (e) shall annually before November December 1 report
in writing to the General Assembly concerning the awarding of
contracts to small businesses. The report shall include the
total value of awards made in the preceding fiscal year under
the designation of small business set-aside. The report shall
also include the total value of awards made to businesses owned
by minorities, females, and persons with disabilities, as
defined in the Business Enterprise for Minorities, Females, and
Persons with Disabilities Act, in the preceding fiscal year
under the designation of small business set-aside.
The requirement for reporting to the General Assembly shall
be satisfied by filing copies of the report as required by
Section 3.1 of the General Assembly Organization Act.
(Source: P.A. 98-1076, eff. 1-1-15.)
(30 ILCS 500/45-57)
Sec. 45-57. Veterans.
(a) Set-aside goal. It is the goal of the State to promote
and encourage the continued economic development of small
businesses owned and controlled by qualified veterans and that
qualified service-disabled veteran-owned small businesses
(referred to as SDVOSB) and veteran-owned small businesses
(referred to as VOSB) participate in the State's procurement
process as both prime contractors and subcontractors. Not less
than 3% of the total dollar amount of State contracts, as
defined by the Director of Central Management Services, shall
be established as a goal to be awarded to SDVOSB and VOSB. That
portion of a contract under which the contractor subcontracts
with a SDVOSB or VOSB may be counted toward the goal of this
subsection. The Department of Central Management Services
shall adopt rules to implement compliance with this subsection
by all State agencies.
(b) Fiscal year reports. By each November September 1, each
chief procurement officer shall report to the Department of
Central Management Services on all of the following for the
immediately preceding fiscal year, and by each March 1 the
Department of Central Management Services shall compile and
report that information to the General Assembly:
(1) The total number of VOSB, and the number of SDVOSB,
who submitted bids for contracts under this Code.
(2) The total number of VOSB, and the number of SDVOSB,
who entered into contracts with the State under this Code
and the total value of those contracts.
(c) Yearly review and recommendations. Each year, each
chief procurement officer shall review the progress of all
State agencies under its jurisdiction in meeting the goal
described in subsection (a), with input from statewide
veterans' service organizations and from the business
community, including businesses owned by qualified veterans,
and shall make recommendations to be included in the Department
of Central Management Services' report to the General Assembly
regarding continuation, increases, or decreases of the
percentage goal. The recommendations shall be based upon the
number of businesses that are owned by qualified veterans and
on the continued need to encourage and promote businesses owned
by qualified veterans.
(d) Governor's recommendations. To assist the State in
reaching the goal described in subsection (a), the Governor
shall recommend to the General Assembly changes in programs to
assist businesses owned by qualified veterans.
(e) Definitions. As used in this Section:
"Armed forces of the United States" means the United States
Army, Navy, Air Force, Marine Corps, Coast Guard, or service in
active duty as defined under 38 U.S.C. Section 101. Service in
the Merchant Marine that constitutes active duty under Section
401 of federal Public Act 95-202 shall also be considered
service in the armed forces for purposes of this Section.
"Certification" means a determination made by the Illinois
Department of Veterans' Affairs and the Department of Central
Management Services that a business entity is a qualified
service-disabled veteran-owned small business or a qualified
veteran-owned small business for whatever purpose. A SDVOSB or
VOSB owned and controlled by females, minorities, or persons
with disabilities, as those terms are defined in Section 2 of
the Business Enterprise for Minorities, Females, and Persons
with Disabilities Act, may also select and designate whether
that business is to be certified as a "female-owned business",
"minority-owned business", or "business owned by a person with
a disability", as defined in Section 2 of the Business
Enterprise for Minorities, Females, and Persons with
Disabilities Act.
"Control" means the exclusive, ultimate, majority, or sole
control of the business, including but not limited to capital
investment and all other financial matters, property,
acquisitions, contract negotiations, legal matters,
officer-director-employee selection and comprehensive hiring,
operation responsibilities, cost-control matters, income and
dividend matters, financial transactions, and rights of other
shareholders or joint partners. Control shall be real,
substantial, and continuing, not pro forma. Control shall
include the power to direct or cause the direction of the
management and policies of the business and to make the
day-to-day as well as major decisions in matters of policy,
management, and operations. Control shall be exemplified by
possessing the requisite knowledge and expertise to run the
particular business, and control shall not include simple
majority or absentee ownership.
"Qualified service-disabled veteran" means a veteran who
has been found to have 10% or more service-connected disability
by the United States Department of Veterans Affairs or the
United States Department of Defense.
"Qualified service-disabled veteran-owned small business"
or "SDVOSB" means a small business (i) that is at least 51%
owned by one or more qualified service-disabled veterans living
in Illinois or, in the case of a corporation, at least 51% of
the stock of which is owned by one or more qualified
service-disabled veterans living in Illinois; (ii) that has its
home office in Illinois; and (iii) for which items (i) and (ii)
are factually verified annually by the Department of Central
Management Services.
"Qualified veteran-owned small business" or "VOSB" means a
small business (i) that is at least 51% owned by one or more
qualified veterans living in Illinois or, in the case of a
corporation, at least 51% of the stock of which is owned by one
or more qualified veterans living in Illinois; (ii) that has
its home office in Illinois; and (iii) for which items (i) and
(ii) are factually verified annually by the Department of
Central Management Services.
"Service-connected disability" means a disability incurred
in the line of duty in the active military, naval, or air
service as described in 38 U.S.C. 101(16).
"Small business" means a business that has annual gross
sales of less than $75,000,000 as evidenced by the federal
income tax return of the business. A firm with gross sales in
excess of this cap may apply to the Department of Central
Management Services for certification for a particular
contract if the firm can demonstrate that the contract would
have significant impact on SDVOSB or VOSB as suppliers or
subcontractors or in employment of veterans or
service-disabled veterans.
"State agency" has the meaning provided in Section 1-15.100
of this Code same meaning as in Section 2 of the Business
Enterprise for Minorities, Females, and Persons with
Disabilities Act.
"Time of hostilities with a foreign country" means any
period of time in the past, present, or future during which a
declaration of war by the United States Congress has been or is
in effect or during which an emergency condition has been or is
in effect that is recognized by the issuance of a Presidential
proclamation or a Presidential executive order and in which the
armed forces expeditionary medal or other campaign service
medals are awarded according to Presidential executive order.
"Veteran" means a person who (i) has been a member of the
armed forces of the United States or, while a citizen of the
United States, was a member of the armed forces of allies of
the United States in time of hostilities with a foreign country
and (ii) has served under one or more of the following
conditions: (a) the veteran served a total of at least 6
months; (b) the veteran served for the duration of hostilities
regardless of the length of the engagement; (c) the veteran was
discharged on the basis of hardship; or (d) the veteran was
released from active duty because of a service connected
disability and was discharged under honorable conditions.
(f) Certification program. The Illinois Department of
Veterans' Affairs and the Department of Central Management
Services shall work together to devise a certification
procedure to assure that businesses taking advantage of this
Section are legitimately classified as qualified
service-disabled veteran-owned small businesses or qualified
veteran-owned small businesses.
(g) Penalties.
(1) Administrative penalties. The chief procurement
officers appointed pursuant to Section 10-20 shall suspend
any person who commits a violation of Section 17-10.3 or
subsection (d) of Section 33E-6 of the Criminal Code of
2012 relating to this Section from bidding on, or
participating as a contractor, subcontractor, or supplier
in, any State contract or project for a period of not less
than 3 years, and, if the person is certified as a
service-disabled veteran-owned small business or a
veteran-owned small business, then the Department shall
revoke the business's certification for a period of not
less than 3 years. An additional or subsequent violation
shall extend the periods of suspension and revocation for a
period of not less than 5 years. The suspension and
revocation shall apply to the principals of the business
and any subsequent business formed or financed by, or
affiliated with, those principals.
(2) Reports of violations. Each State agency shall
report any alleged violation of Section 17-10.3 or
subsection (d) of Section 33E-6 of the Criminal Code of
2012 relating to this Section to the chief procurement
officers appointed pursuant to Section 10-20. The chief
procurement officers appointed pursuant to Section 10-20
shall subsequently report all such alleged violations to
the Attorney General, who shall determine whether to bring
a civil action against any person for the violation.
(3) List of suspended persons. The chief procurement
officers appointed pursuant to Section 10-20 shall monitor
the status of all reported violations of Section 17-10.3 or
subsection (d) of Section 33E-6 of the Criminal Code of
1961 or the Criminal Code of 2012 relating to this Section
and shall maintain and make available to all State agencies
a central listing of all persons that committed violations
resulting in suspension.
(4) Use of suspended persons. During the period of a
person's suspension under paragraph (1) of this
subsection, a State agency shall not enter into any
contract with that person or with any contractor using the
services of that person as a subcontractor.
(5) Duty to check list. Each State agency shall check
the central listing provided by the chief procurement
officers appointed pursuant to Section 10-20 under
paragraph (3) of this subsection to verify that a person
being awarded a contract by that State agency, or to be
used as a subcontractor or supplier on a contract being
awarded by that State agency, is not under suspension
pursuant to paragraph (1) of this subsection.
(Source: P.A. 97-260, eff. 8-5-11; 97-1150, eff. 1-25-13;
98-307, eff. 8-12-13; 98-1076, eff. 1-1-15.)
(30 ILCS 500/45-90 new)
Sec. 45-90. Small business contracts.
(a) Not less than 10% of the total dollar amount of State
contracts shall be established as a goal to be awarded as a
contract or subcontract to small businesses.
(b) The percentage in subsection (a) relates to the total
dollar amount of State contracts during each State fiscal year,
calculated by examining independently each type of contract for
each State official or agency which lets such contracts.
(c) Each State agency shall file with its chief procurement
officer an annual compliance plan which shall outline the goals
for contracting with small businesses for the then-current
fiscal year, the manner in which the agency intends to reach
these goals, and a timetable for reaching these goals. The
chief procurement officer shall review and approve the plan of
the agency and may reject any plan that does not comply with
this Section.
(d) Each State agency shall file with its chief procurement
officer an annual report of its utilization of small businesses
during the preceding fiscal year, including lapse period
spending and a mid-fiscal year report of its utilization to
date for the then-current fiscal year. The reports shall
include a self-evaluation of the efforts of the State official
or agency to meet its goals.
(e) The chief procurement officers shall make public
presentations, at least once a year, directed at providing
information to small businesses about the contracting process
and how to apply for contracts or subcontracts.
(f) Each chief procurement officer shall file, no later
than November 1 of each year, an annual report with the
Governor and the General Assembly that shall include, but need
not be limited to, the following:
(1) a summary of the number of contracts awarded and
the average contract amount by each State official or
agency; and
(2) an analysis of the level of overall goal
achievement concerning purchases from small businesses.
(g) Each chief procurement officer may adopt rules to
implement and administer this Section.
(30 ILCS 500/50-2)
Sec. 50-2. Continuing disclosure; false certification.
Every person that has entered into a multi-year contract for
more than one year in duration for the initial term or for any
renewal term and every subcontractor with a multi-year
subcontract shall certify, by January July 1 of each fiscal
year covered by the contract after the initial fiscal year, to
the responsible chief procurement officer or, if the
procurement is under the authority of a chief procurement
officer, the applicable procurement officer of any changes that
affect its ability whether it continues to satisfy the
requirements of this Article pertaining to eligibility for a
contract award. If a contractor or subcontractor continues to
meet all requirements of this Article, it shall not be required
to submit any certification or if the work under the contract
has been substantially completed before contract expiration
but the contract has not yet expired. If a contractor or
subcontractor is not able to truthfully certify that it
continues to meet all requirements, it shall provide with its
certification a detailed explanation of the circumstances
leading to the change in certification status. A contractor or
subcontractor that makes a false statement material to any
given certification required under this Article is, in addition
to any other penalties or consequences prescribed by law,
subject to liability under the Illinois False Claims Act for
submission of a false claim.
(Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793
for the effective date of P.A. 96-795); 96-1304, eff. 7-27-10.)
(30 ILCS 500/50-10)
Sec. 50-10. Felons.
(a) Unless otherwise provided, no person or business
convicted of a felony shall do business with the State of
Illinois or any State agency, or enter into a subcontract, from
the date of conviction until 5 years after the date of
completion of the sentence for that felony, unless no person
held responsible by a prosecutorial office for the facts upon
which the conviction was based continues to have any
involvement with the business.
For purposes of this subsection (a), "completion of
sentence" means completion of all sentencing related to the
felony conviction or admission and includes, but is not limited
to, the following: incarceration, mandatory supervised
release, probation, work release, house arrest, or commitment
to a mental facility.
(b) Every bid or offer submitted to the State, every
contract executed by the State, every subcontract subject to
Section 20-120 of this Code, and every vendor's submission to a
vendor portal shall contain a certification by the bidder,
offeror, potential contractor, contractor, or subcontractor,
respectively, that the bidder, offeror, potential contractor,
contractor, or subcontractor is not barred from being awarded a
contract or subcontract under this Section and acknowledges
that the chief procurement officer may declare the related
contract void if any of the certifications required by this
Section are false. If the false certification is made by a
subcontractor, then the contractor's submitted bid or offer and
the executed contract may not be declared void, unless the
contractor refuses to terminate the subcontract upon the
State's request after a finding that the subcontract's
certification was false.
(Source: P.A. 97-895, eff. 8-3-12; 98-1076, eff. 1-1-15.)
(30 ILCS 500/50-10.5)
Sec. 50-10.5. Prohibited bidders, offerors, potential
contractors, and contractors.
(a) Unless otherwise provided, no business shall bid,
offer, enter into a contract or subcontract under this Code, or
make a submission to a vendor portal if the business or any
officer, director, partner, or other managerial agent of the
business has been convicted of a felony under the
Sarbanes-Oxley Act of 2002 or a Class 3 or Class 2 felony under
the Illinois Securities Law of 1953 for a period of 5 years
from the date of conviction.
(b) Every bid and offer submitted to the State, every
contract executed by the State, every vendor's submission to a
vendor portal, and every subcontract subject to Section 20-120
of this Code shall contain a certification by the bidder,
offeror, potential contractor, contractor, or subcontractor,
respectively, that the bidder, offeror, potential contractor,
contractor, or subcontractor is not barred from being awarded a
contract or subcontract under this Section and acknowledges
that the chief procurement officer shall declare the related
contract void if any of the certifications completed pursuant
to this subsection (b) are false. If the false certification is
made by a subcontractor, then the contractor's submitted bid or
offer and the executed contract may not be declared void,
unless the contractor refuses to terminate the subcontract upon
the State's request after a finding that the subcontract's
certification was false.
(c) If a business is not a natural person, the prohibition
in subsection (a) applies only if:
(1) the business itself is convicted of a felony
referenced in subsection (a); or
(2) the business is ordered to pay punitive damages
based on the conduct of any officer, director, partner, or
other managerial agent who has been convicted of a felony
referenced in subsection (a).
(d) A natural person who is convicted of a felony
referenced in subsection (a) remains subject to Section 50-10.
(e) No person or business shall bid, offer, make a
submission to a vendor portal, or enter into a contract under
this Code if the person or business assisted an employee of the
State of Illinois, who, by the nature of his or her duties, has
the authority to participate personally and substantially in
the decision to award a State contract, by reviewing, drafting,
directing, or preparing any invitation for bids, a request for
proposal, or request for information or provided similar
assistance except as part of a publicly issued opportunity to
review drafts of all or part of these documents.
This subsection does not prohibit a person or business from
submitting a bid or offer or entering into a contract if the
person or business: (i) initiates a communication with an
employee to provide general information about products,
services, or industry best practices, and, if applicable, that
communication is documented in accordance with Section 50-39 or
(ii) responds to a communication initiated by an employee of
the State for the purposes of providing information to evaluate
new products, trends, services, or technologies, or (iii) asks
for clarification regarding a solicitation, so long as there is
no competitive advantage to the person or business and the
question and answer, if material, are posted to the Illinois
Procurement Bulletin as an addendum to the solicitation.
Nothing in this Section prohibits a vendor developing
technology, goods, or services from bidding or offering to
supply that technology or those goods or services if the
subject demonstrated to the State represents industry trends
and innovation and is not specifically designed to meet the
State's needs.
Nothing in this Section prohibits a person performing
construction-related services from initiating contact with a
business that performs construction for the purpose of
obtaining market costs or production time to determine the
estimated costs to complete the construction project.
For purposes of this subsection (e), "business" includes
all individuals with whom a business is affiliated, including,
but not limited to, any officer, agent, employee, consultant,
independent contractor, director, partner, or manager of a
business.
No person or business shall submit specifications to a
State agency unless requested to do so by an employee of the
State. No person or business who contracts with a State agency
to write specifications for a particular procurement need shall
submit a bid or proposal or receive a contract for that
procurement need.
(Source: P.A. 97-895, eff. 8-3-12; 98-1076, eff. 1-1-15.)
(30 ILCS 500/50-39)
Sec. 50-39. Procurement communications reporting
requirement.
(a) Any written or oral communication received by a State
employee who, by the nature of his or her duties, has the
authority to participate personally and substantially in the
decision to award a State contract and that imparts or requests
material information or makes a material argument regarding
potential action concerning an active procurement matter,
including, but not limited to, an application, a contract, or a
project, shall be reported to the Procurement Policy Board,
and, with respect to the Illinois Power Agency, by the
initiator of the communication, and may be reported also by the
recipient.
Any person communicating orally, in writing,
electronically, or otherwise with the Director or any person
employed by, or associated with, the Illinois Power Agency to
impart, solicit, or transfer any information related to the
content of any power procurement plan, the manner of conducting
any power procurement process, the procurement of any power
supply, or the method or structure of contracting with power
suppliers must disclose to the Procurement Policy Board the
full nature, content, and extent of any such communication in
writing by submitting a report with the following information:
(1) The names of any party to the communication.
(2) The date on which the communication occurred.
(3) The time at which the communication occurred.
(4) The duration of the communication.
(5) The method (written, oral, etc.) of the
communication.
(6) A summary of the substantive content of the
communication.
These communications do not include the following: (i)
statements by a person publicly made in a public forum; (ii)
statements regarding matters of procedure and practice, such as
format, the number of copies required, the manner of filing,
and the status of a matter; (iii) statements made by a State
employee of the agency to the agency head or other employees of
that agency, to the employees of the Executive Ethics
Commission, or to an employee of another State agency who,
through the communication, is either (a) exercising his or her
experience or expertise in the subject matter of the particular
procurement in the normal course of business, for official
purposes, and at the initiation of the purchasing agency or the
appropriate State purchasing officer, or (b) exercising
oversight, supervisory, or management authority over the
procurement in the normal course of business and as part of
official responsibilities; (iv) unsolicited communications
providing general information about products, services, or
industry best practices before those products or services
become involved in a procurement matter; (v) communications
received in response to procurement solicitations, including,
but not limited to, vendor responses to a request for
information, request for proposal, request for qualifications,
invitation for bid, or a small purchase, sole source, or
emergency solicitation, or questions and answers posted to the
Illinois Procurement Bulletin to supplement the procurement
action, provided that the communications are made in accordance
with the instructions contained in the procurement
solicitation, procedures, or guidelines; (vi) communications
that are privileged, protected, or confidential under law; and
(vii) communications that are part of a formal procurement
process as set out by statute, rule, or the solicitation,
guidelines, or procedures, including, but not limited to, the
posting of procurement opportunities, the process for
approving a procurement business case or its equivalent, fiscal
approval, submission of bids, the finalizing of contract terms
and conditions with an awardee or apparent awardee, and similar
formal procurement processes. The provisions of this Section
shall not apply to communications regarding the administration
and implementation of an existing contract, except
communications regarding change orders or the renewal or
extension of a contract.
The reporting requirement does not apply to any
communication asking for clarification regarding a contract
solicitation so long as there is no competitive advantage to
the person or business and the question and answer, if
material, are posted to the Illinois Procurement Bulletin as an
addendum to the contract solicitation.
(b) The report required by subsection (a) shall be
submitted monthly and include at least the following: (i) the
date and time of each communication; (ii) the identity of each
person from whom the written or oral communication was
received, the individual or entity represented by that person,
and any action the person requested or recommended; (iii) the
identity and job title of the person to whom each communication
was made; (iv) if a response is made, the identity and job
title of the person making each response; (v) a detailed
summary of the points made by each person involved in the
communication; (vi) the duration of the communication; (vii)
the location or locations of all persons involved in the
communication and, if the communication occurred by telephone,
the telephone numbers for the callers and recipients of the
communication; and (viii) any other pertinent information. No
trade secrets or other proprietary or confidential information
shall be included in any communication reported to the
Procurement Policy Board.
(c) Additionally, when an oral communication made by a
person required to register under the Lobbyist Registration Act
is received by a State employee that is covered under this
Section, all individuals who initiate or participate in the
oral communication shall submit a written report to that State
employee that memorializes the communication and includes, but
is not limited to, the items listed in subsection (b).
(d) The Procurement Policy Board shall make each report
submitted pursuant to this Section available on its website
within 7 calendar days after its receipt of the report. The
Procurement Policy Board may promulgate rules to ensure
compliance with this Section.
(e) The reporting requirements shall also be conveyed
through ethics training under the State Officials and Employees
Ethics Act. An employee who knowingly and intentionally
violates this Section shall be subject to suspension or
discharge. The Executive Ethics Commission shall promulgate
rules, including emergency rules, to implement this Section.
(f) This Section becomes operative on January 1, 2011.
(g) For purposes of this Section:
"Active procurement matter" means a procurement process
beginning with requisition or determination of need by an
agency and continuing through the publication of an award
notice or other completion of a final procurement action, the
resolution of any protests, and the expiration of any protest
or Procurement Policy Board review period, if applicable.
"Active procurement matter" also includes communications
relating to change orders, renewals, or extensions.
"Material information" means information that a reasonable
person would deem important in determining his or her course of
action and pertains to significant issues, including, but not
limited to, price, quantity, and terms of payment or
performance.
"Material argument" means a communication that a
reasonable person would believe was made for the purpose of
influencing a decision relating to a procurement matter.
"Material argument" does not include general information about
products, services, or industry best practices or a response to
a communication initiated by an employee of the State for the
purposes of providing information to evaluate new products,
trends, services, or technologies.
(Source: P.A. 97-333, eff. 8-12-11; 97-618, eff. 10-26-11;
97-895, eff. 8-3-12; 98-1076, eff. 1-1-15.)
(30 ILCS 500/50-40)
Sec. 50-40. Reporting and anticompetitive practices. When,
for any reason, any vendor, bidder, offeror, potential
contractor, contractor, chief procurement officer, State
purchasing officer, designee, elected official, or State
employee suspects collusion or other anticompetitive practice
among any bidders, offerors, potential contractors,
contractors, or employees of the State, a notice of the
relevant facts shall be transmitted to the appropriate
Inspector General, the Attorney General, and the chief
procurement officer.
(Source: P.A. 98-1076, eff. 1-1-15.)
(30 ILCS 500/50-45)
Sec. 50-45. Confidentiality. Any chief procurement
officer, State purchasing officer, designee, or executive
officer, or State employee who willfully uses or allows the use
of specifications, competitive solicitation documents,
proprietary competitive information, contracts, or selection
information to compromise the fairness or integrity of the
procurement or contract process shall be subject to immediate
dismissal, regardless of the Personnel Code, any contract, or
any collective bargaining agreement, and may in addition be
subject to criminal prosecution.
(Source: P.A. 98-1076, eff. 1-1-15.)
(30 ILCS 500/53-10)
Sec. 53-10. Concessions and leases of State property and
no-cost contracts.
(a) Except for property under the jurisdiction of a public
institution of higher education, concessions, including the
assignment, license, sale, or transfer of interests in or
rights to discoveries, inventions, patents, or copyrightable
works, may be entered into by the State agency with
jurisdiction over the property, whether tangible or
intangible.
(b) Except for property under the jurisdiction of a public
institution of higher education, all leases of State property
and concessions shall be reduced to writing and shall be
awarded under the provisions of Article 20, except that the
contract shall be awarded to the highest bidder or and best
bidder or offeror when the State receives a lease payment, a
percentage of sales from the lessee, or in-kind support from
the lessee based on the return to the State.
(c) Except for property under the jurisdiction of a public
institution of higher education, all no-cost procurements
shall be reduced to writing and shall be awarded under the
provisions of Article 20 of this Code. All awards of no-cost
procurements shall identify the estimated business value to the
lessee and the value to the State.
(Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793
for the effective date of changes made by P.A. 96-795).)
(30 ILCS 503/Act rep.)
Section 20. The Small Business Contracts Act is repealed.
Section 25. The Governmental Joint Purchasing Act is
amended by changing Sections 1, 2, 3, 4, and 4.2 and by adding
Sections 1.1 and 4.05 as follows:
(30 ILCS 525/1) (from Ch. 85, par. 1601)
Sec. 1. Definitions. For the purposes of this Act,
"Governmental governmental unit" means State of Illinois,
any State agency as defined in Section 1-15.100 of the Illinois
Procurement Code, officers of the State of Illinois, any public
authority which has the power to tax, or any other public
entity created by statute.
"Master contract" means a definite quantity or indefinite
quantity contract awarded pursuant to this Act against which
subsequent orders may be placed to meet the needs of a
governmental unit or qualified not-for-profit agency.
"Multiple award" means an award that is made to 2 or more
bidders or offerors for similar supplies or services.
(Source: P.A. 98-1076, eff. 1-1-15.)
(30 ILCS 525/1.1 new)
Sec. 1.1. Joint purchasing programs. Each chief
procurement officer may establish a joint purchasing program
and a cooperative purchasing program.
(30 ILCS 525/2) (from Ch. 85, par. 1602)
Sec. 2. Joint purchasing authority.
(a) Any governmental unit, except a governmental unit
subject to the jurisdiction of a chief procurement officer
established in Section 10-20 of the Illinois Procurement Code,
may purchase personal property, supplies and services jointly
with one or more other governmental units. All such joint
purchases shall be by competitive solicitation as provided in
Section 4 of this Act , except as otherwise provided in this
Act. The provisions of any other acts under which a
governmental unit operates which refer to purchases and
procedures in connection therewith shall be superseded by the
provisions of this Act when the governmental units are
exercising the joint powers created by this Act.
(a-5) For purchases made by a governmental unit subject to
the jurisdiction of a chief procurement officer established in
Section 10-20 of the Illinois Procurement Code, the applicable
A chief procurement officer established in Section 10-20 of the
Illinois Procurement Code may authorize the purchase of
personal property, supplies, and services jointly with a
governmental unit entity of this State, governmental entity of
or another state, or with a consortium of governmental entities
of one or more other states, except as otherwise provided in
this Act. Subject to provisions of the joint purchasing
solicitation, the appropriate chief procurement officer may
designate the resulting contract as available to governmental
units in Illinois.
(a-10) Each chief procurement officer appointed pursuant
to Section 10-20 of the Illinois Procurement Code, with joint
agreement of the respective agency or institution, may
authorize the purchase or lease of supplies and services which
have been procured through a competitive process by a federal
agency; a consortium of governmental, educational, medical,
research, or similar entities; or a group purchasing
organization of which the chief procurement officer or State
agency is a member or affiliate, including, without limitation,
any purchasing entity operating under the federal General
Services Administration, the Higher Education Cooperation Act,
and the Midwestern Higher Education Compact Act. Each
applicable chief procurement officer may authorize purchases
and contracts which have been procured through other methods of
procurement if each chief procurement officer determines it is
in the best interests of the State, considering a
recommendation by their respective agencies or institutions.
The chief procurement officer may establish detailed rules,
policies, and procedures for use of these cooperative
contracts. Notice of award shall be published by the chief
procurement officer in the Illinois Procurement Bulletin at
least prior to use of the contract. Each chief procurement
officer shall submit to the General Assembly by November 1 of
each year a report of procurements made under this subsection
(a-10).
(b) Any not-for-profit agency that qualifies under Section
45-35 of the Illinois Procurement Code and that either (1) acts
pursuant to a board established by or controlled by a unit of
local government or (2) receives grant funds from the State or
from a unit of local government, shall be eligible to
participate in contracts established by the State.
(c) For governmental units subject to the jurisdiction of a
chief procurement officer established in Section 10-20 of the
Illinois Procurement Code, if any contract or amendment to a
contract is entered into or purchase or expenditure of funds is
made at any time in violation of this Act or any other law, the
contract or amendment may be declared void by the chief
procurement officer or may be ratified and affirmed, if the
chief procurement officer determines that ratification is in
the best interests of the governmental unit. If the contract or
amendment is ratified and affirmed, it shall be without
prejudice to the governmental unit's rights to any appropriate
damages.
(d) This Section does not apply to construction-related
professional services contracts awarded in accordance with the
provisions of the Architectural, Engineering, and Land
Surveying Qualifications Based Selection Act.
(Source: P.A. 96-584, eff. 1-1-10; 97-895, eff. 8-3-12.)
(30 ILCS 525/3) (from Ch. 85, par. 1603)
Sec. 3. Conduct of competitive procurement. Under any
agreement of governmental units that desire to make joint
purchases pursuant to subsection (a) of Section 2, one of the
governmental units shall conduct the competitive procurement
process. Where the State of Illinois is a party to the joint
purchase agreement, the appropriate chief procurement officer
shall conduct or authorize the competitive procurement
process. Expenses of such competitive procurement process may
be shared by the participating governmental units in proportion
to the amount of personal property, supplies or services each
unit purchases.
When the State of Illinois is a party to the joint purchase
agreement pursuant to subsection (a) of Section 2, the
acceptance of responses to the competitive procurement process
shall be in accordance with the Illinois Procurement Code and
rules promulgated under that Code. When the State of Illinois
is not a party to the joint purchase agreement, the acceptance
of responses to the competitive procurement process shall be
governed by the agreement.
When the State of Illinois is a party to a joint purchase
agreement pursuant to subsection (a-5) of Section 2, the State
may act as the lead state or as a participant state. When the
State of Illinois is the lead state, all such joint purchases
shall be conducted in accordance with the Illinois Procurement
Code. When the State of Illinois is the lead state, a multiple
award is allowed. When Illinois is a participant state, all
such joint purchases shall be conducted in accordance with the
procurement laws of the lead state; provided that all such
joint procurements must be by competitive solicitation
process. All resulting awards shall be published in the
appropriate volume of the Illinois Procurement Bulletin as may
be required by Illinois law governing publication of the
solicitation, protest, and award of Illinois State contracts.
Contracts resulting from a joint purchase shall contain all
provisions required by Illinois law and rule.
The personal property, supplies or services involved shall
be distributed or rendered directly to each governmental unit
taking part in the purchase. The person selling the personal
property, supplies or services may bill each governmental unit
separately for its proportionate share of the cost of the
personal property, supplies or services purchased.
The credit or liability of each governmental unit shall
remain separate and distinct. Disputes between contractors
bidders and governmental units or qualified not-for-profit
agencies shall be resolved between the immediate parties.
(Source: P.A. 97-895, eff. 8-3-12; 98-1076, eff. 1-1-15.)
(30 ILCS 525/4) (from Ch. 85, par. 1604)
Sec. 4. Bids, offers, and small purchases. The purchases of
all personal property, supplies and services under this Act,
except for small purchases, shall be based on competitive
solicitations unless, for purchases made pursuant to
subsection (a) of Section 2 of this Act, it is the
determination of the applicable chief procurement officer that
it is impractical to obtain competition. Purchases pursuant to
this Section and shall follow the same procedures used for
competitive solicitations made pursuant to the Illinois
Procurement Code when the State is a party to the joint
purchase. For purchases made pursuant to subsection (a) of
Section 2 of this Act where the applicable chief procurement
officer makes the determination that it is impractical to
obtain competition, purchases shall either follow the same
procedure used for sole source procurements in Section 20-25 of
the Illinois Procurement Code or the same procedure used for
emergency purchases in Section 20-30 of the Illinois
Procurement Code. For purchases pursuant to subsection (a) of
Section 2, bids and offers shall be solicited by public notice
inserted at least once in a newspaper of general circulation in
one of the counties where the materials are to be used and at
least 5 calendar days before the final date of submitting bids
or offers, except as otherwise provided in this Section. Where
the State of Illinois is a party to the joint purchase
agreement, public notice soliciting the bids or offers shall be
published in the appropriate volume of the Illinois Procurement
Bulletin. Such notice shall include a general description of
the personal property, supplies or services to be purchased and
shall state where all blanks and specifications may be obtained
and the time and place for the opening of bids and offers. The
governmental unit conducting the competitive procurement
process may also solicit sealed bids or offers by sending
requests by mail to potential contractors and by posting
notices on a public bulletin board in its office. Small
purchases pursuant to this Section shall follow the same
procedure used for small purchases in Section 20-20 of the
Illinois Procurement Code.
All purchases, orders or contracts shall be awarded to the
lowest responsible bidder or highest-ranked offeror, taking
into consideration the qualities of the articles or services
supplied, their conformity with the specifications, their
suitability to the requirements of the participating
governmental units and the delivery terms.
Where the State of Illinois is not a party, all bids or
offers may be rejected and new bids or offers solicited if one
or more of the participating governmental units believes the
public interest may be served thereby. Each bid or offer, with
the name of the bidder or offeror, shall be entered on a
record, which record with the successful bid or offer,
indicated thereon shall, after the award of the purchase or
order or contract, be open to public inspection. A copy of all
contracts shall be filed with the purchasing office or clerk or
secretary of each participating governmental unit.
(Source: P.A. 97-895, eff. 8-3-12; 98-1076, eff. 1-1-15.)
(30 ILCS 525/4.05 new)
Sec. 4.05. Other methods of joint purchases.
(a) It may be determined that it is impractical to obtain
competition because either (i) there is only one
economically-feasible source for the item or (ii) there is a
threat to public health or public safety, or when immediate
expenditure is necessary to prevent or minimize serious
disruption in critical State services that affect health,
safety, or collection of substantial State revenues, or to
ensure the integrity of State records.
(b) When the State of Illinois is a party to the joint
purchase agreement, the applicable chief procurement officer
shall make a determination whether (i) there is only one
economically feasible source for the item or (ii) that there
exists a threat to public health or public safety or that
immediate expenditure is necessary to prevent or minimize
serious disruption in critical State services.
(c) When there is only one economically feasible source for
the item, the chief procurement officer may authorize a sole
economically-feasible source contract. When there exists a
threat to public health or public safety or when immediate
expenditure is necessary to prevent or minimize serious
disruption in critical State services, the chief procurement
officer may authorize an emergency procurement without
competitive sealed bidding or competitive sealed proposals or
prior notice.
(d) All joint purchases made pursuant to this Section shall
follow the same procedures for sole source contracts in the
Illinois Procurement Code when the chief procurement officer
determines there is only one economically-feasible source for
the item. All joint purchases made pursuant to this Section
shall follow the same procedures for emergency purchases in the
Illinois Procurement Code when the chief procurement officer
determines immediate expenditure is necessary to prevent or
minimize serious disruption in critical State services that
affect health, safety, or collection of substantial State
revenues, or to ensure the integrity of State records.
(e) Each chief procurement officer shall submit to the
General Assembly by November 1 of each year a report of
procurements made under this Section.
(30 ILCS 525/4.2) (from Ch. 85, par. 1604.2)
Sec. 4.2. Any governmental unit may, without violating any
bidding requirement otherwise applicable to it, procure
personal property, supplies and services under any contract let
by the State pursuant to lawful procurement procedures.
Purchases made by the State of Illinois must be approved or
authorized by the appropriate chief procurement officer.
(Source: P.A. 97-895, eff. 8-3-12.)
Section 26. The State Prompt Payment Act is amended by
changing Section 7 as follows:
(30 ILCS 540/7) (from Ch. 127, par. 132.407)
Sec. 7. Payments to subcontractors and material suppliers.
(a) When a State official or agency responsible for
administering a contract submits a voucher to the Comptroller
for payment to a contractor, that State official or agency
shall promptly make available electronically the voucher
number, the date of the voucher, and the amount of the voucher.
The State official or agency responsible for administering the
contract shall provide subcontractors and material suppliers,
known to the State official or agency, with instructions on how
to access the electronic information.
(a-5) When a contractor receives any payment, the
contractor shall pay each subcontractor and material supplier
in proportion to the work completed by each subcontractor and
material supplier its their application or pay estimate, plus
interest received under this Act, less any retention. When a
contractor receives any payment, the contractor shall pay each
lower-tiered subcontractor and material supplier and each
subcontractor and material supplier shall make payment to its
own respective subcontractors and material suppliers. If the
contractor receives less than the full payment due under the
public construction contract, the contractor shall be
obligated to disburse on a pro rata basis those funds received,
plus interest received under this Act, with the contractor,
subcontractors and material suppliers each receiving a
prorated portion based on the amount of payment each has
earned. When, however, the State official or agency public
owner does not release the full payment due under the contract
because there are specific areas of work or materials the State
agency or official has determined contractor is rejecting or
because the contractor has otherwise determined such areas are
not suitable for payment, then those specific subcontractors or
material suppliers involved shall not be paid for that portion
of work rejected or deemed not suitable for payment and all
other subcontractors and suppliers shall be paid based upon the
amount of payment each has earned in full, plus interest
received under this Act.
(a-10) For construction contracts with the Department of
Transportation, the contractor, subcontractor, or material
supplier, regardless of tier, shall not offset, decrease, or
diminish payment or payments that are due to its subcontractors
or material suppliers without reasonable cause.
A contractor, who refuses to make prompt payment, in whole
or in part, shall provide to the subcontractor or material
supplier and the public owner or its agent, a written notice of
that refusal. The written notice shall be made by a contractor
no later than 5 calendar days after payment is received by the
contractor. The written notice shall identify the Department of
Transportation's contract, any subcontract or material
purchase agreement, a detailed reason for refusal, the value of
the payment to be withheld, and the specific remedial actions
required of the subcontractor or material supplier so that
payment may be made. Written notice of refusal may be given in
a form and method which is acceptable to the parties and public
owner.
(b) If the contractor, without reasonable cause, fails to
make full payment of amounts due under subsection (a) to its
his subcontractors and material suppliers within 15 calendar
days after receipt of payment from the State official or agency
under the public construction contract, the contractor shall
pay to its his subcontractors and material suppliers, in
addition to the payment due them, interest in the amount of 2%
per month, calculated from the expiration of the 15-day period
until fully paid. This subsection shall further also apply to
any payments made by subcontractors and material suppliers to
their subcontractors and material suppliers and to all payments
made to lower tier subcontractors and material suppliers
throughout the contracting chain.
(1) If a contractor, without reasonable cause, fails to
make payment in full as provided in subsection (a-5) (a)
within 15 calendar days after receipt of payment under the
public construction contract, any subcontractor or
material supplier to whom payments are owed may file a
written notice and request for administrative hearing with
the State official or agency setting forth the amount owed
by the contractor and the contractor's failure to timely
pay the amount owed. The written notice and request for
administrative hearing shall identify the public
construction contract, the contractor, and the amount
owed, and shall contain a sworn statement or attestation to
verify the accuracy of the notice. The notice and request
for administrative hearing shall be filed with the State
official for the public construction contract, with a copy
of the notice concurrently provided to the contractor.
Notice to the State official may be made by certified or
registered mail, messenger service, or personal service,
and must include proof of delivery to the State official.
(2) The State official or agency, within 15 calendar
days after receipt of a subcontractor's or material
supplier's written notice and request for administrative
hearing of the failure to receive payment from the
contractor, shall hold a hearing convened by an
administrative law judge to determine whether the
contractor withheld payment, without reasonable cause,
from the subcontractors or and material suppliers and what
amount, if any, is due to the subcontractors or and
material suppliers, and the reasonable cause or causes
asserted by the contractor. The State official or agency
shall provide appropriate notice to the parties of the
date, time, and location of the hearing. Each contractor,
subcontractor, or and material supplier has the right to be
represented by counsel at a the hearing and to
cross-examine witnesses and challenge documents. Upon the
request of the subcontractor or material supplier and a
showing of good cause, reasonable continuances may be
granted by the administrative law judge.
(3) Upon If there is a finding by the administrative
law judge that the contractor failed to make payment in
full, without reasonable cause, as provided in subsection
(a-10) (a), then the administrative law judge shall, in
writing, order direct the contractor to pay the amount owed
to the subcontractors or and material suppliers plus
interest within 15 calendar days after the order finding.
(4) If a contractor fails to make full payment as
ordered under paragraph (3) of this subsection (b) within
15 days after the administrative law judge's order finding,
then the contractor shall be barred from entering into a
State public construction contract for a period of one year
beginning on the date of the administrative law judge's
order finding.
(5) If, on 2 or more occasions within a 3-calendar-year
period, there is a finding by an administrative law judge
that the contractor failed to make payment in full, without
reasonable cause, and a written order was issued to a
contractor under paragraph (3) of this subsection (b), then
the contractor shall be barred from entering into a State
public construction contract for a period of 6 months
beginning on the date of the administrative law judge's
second written order, even if the payments required under
the orders were made in full.
(6) If a contractor fails to make full payment as
ordered under paragraph (4) of this subsection (b), the
subcontractor or material supplier may, within 30 days of
the date of that order, petition the State agency for an
order for reasonable attorney's fees and costs incurred in
the prosecution of the action under this subsection (b).
Upon that petition and taking of additional evidence, as
may be required, the administrative law judge may issue a
supplemental order directing the contractor to pay those
reasonable attorney's fees and costs.
(7) The written order of the administrative law judge
shall be final and appealable under the Administrative
Review Law.
(c) This Section shall not be construed to in any manner
diminish, negate, or interfere with the
contractor-subcontractor or contractor-material supplier
relationship or commercially useful function.
(d) This Section shall not preclude, bar, or stay the
rights, remedies, and defenses available to the parties by way
of the operation of their contract, purchase agreement, the
Mechanics Lien Act, or the Public Construction Bond Act.
(e) State officials and agencies may adopt rules as may be
deemed necessary in order to establish the formal procedures
required under this Section.
(f) As used in this Section:
"Payment" means the discharge of an obligation in money or
other valuable consideration or thing delivered in full or
partial satisfaction of an obligation to pay. "Payment" shall
include interest paid pursuant to this Act.
"Reasonable cause" may include, but is not limited to,
unsatisfactory workmanship or materials; failure to provide
documentation required by the contract, subcontract, or
material purchase agreement; claims made against the
Department of Transportation or the subcontractor pursuant to
subsection (c) of Section 23 of the Mechanics Lien Act or the
Public Construction Bond Act; judgments, levies, garnishments,
or other court-ordered assessments or offsets in favor of the
Department of Transportation or other State agency entered
against a subcontractor or material supplier. "Reasonable
cause" does not include payments issued to the contractor that
create a negative or reduced valuation pay application or pay
estimate due to a reduction of contract quantities or work not
performed or provided by the subcontractor or material
supplier; the interception or withholding of funds for reasons
not related to the subcontractor's or material supplier's work
on the contract; anticipated claims or assessments of third
parties not a party related to the contract or subcontract;
asserted claims or assessments of third parties that are not
authorized by court order, administrative tribunal, or
statute. "Reasonable cause" further does not include the
withholding, offset, or reduction of payment, in whole or in
part, due to the assessment of liquidated damages or penalties
assessed by the Department of Transportation against the
contractor, unless the subcontractor's performance or supplied
materials were the sole and proximate cause of the liquidated
damage or penalty.
(Source: P.A. 94-672, eff. 1-1-06; 94-972, eff. 7-1-07.)
Section 27. The Business Enterprise for Minorities,
Females, and Persons with Disabilities Act is amended by adding
Section 8g as follows:
(30 ILCS 575/8g new)
Sec. 8g. Special Committee on Minority, Female, Persons
with Disabilities, and Veterans Contracting.
(a) There is created a Special Committee on Minority,
Female, Persons with Disabilities, and Veterans Contracting
under the Council. The Special Committee shall review Illinois'
procurement laws regarding contracting with minority-owned
businesses, female-owned businesses, businesses owned by
persons with disabilities, and veteran-owned businesses to
determine what changes should be made to increase participation
of these businesses in State procurements.
(b) The Special Committee shall consist of the following
members:
(1) 3 persons each to be appointed by the Speaker of
the House of Representatives, the Minority Leader of the
House of Representatives, the President of the Senate, and
the Minority Leader of the Senate; only one Special
Committee member of each appointee under this paragraph may
be a current member of the General Assembly;
(2) the Director of Central Management Services, or his
or her designee;
(3) the chairperson of the Council, or his or her
designee; and
(4) each chief procurement officer.
(c) The Special Committee shall conduct at least 3
hearings, with at least one hearing in Springfield and one in
Chicago. Each hearing shall be open to the public and notice of
the hearings shall be posted on the websites of the Procurement
Policy Board, the Department of Central Management Services,
and the General Assembly at least 6 days prior to the hearing.
Section 30. The Illinois Human Rights Act is amended by
changing Section 2-101 as follows:
(775 ILCS 5/2-101) (from Ch. 68, par. 2-101)
Sec. 2-101. Definitions. The following definitions are
applicable strictly in the context of this Article.
(A) Employee.
(1) "Employee" includes:
(a) Any individual performing services for
remuneration within this State for an employer;
(b) An apprentice;
(c) An applicant for any apprenticeship.
For purposes of subsection (D) of Section 2-102 of this
Act, "employee" also includes an unpaid intern. An unpaid
intern is a person who performs work for an employer under
the following circumstances:
(i) the employer is not committed to hiring the
person performing the work at the conclusion of the
intern's tenure;
(ii) the employer and the person performing the
work agree that the person is not entitled to wages for
the work performed; and
(iii) the work performed:
(I) supplements training given in an
educational environment that may enhance the
employability of the intern;
(II) provides experience for the benefit of
the person performing the work;
(III) does not displace regular employees;
(IV) is performed under the close supervision
of existing staff; and
(V) provides no immediate advantage to the
employer providing the training and may
occasionally impede the operations of the
employer.
(2) "Employee" does not include:
(a) (Blank);
(b) Individuals employed by persons who are not
"employers" as defined by this Act;
(c) Elected public officials or the members of
their immediate personal staffs;
(d) Principal administrative officers of the State
or of any political subdivision, municipal corporation
or other governmental unit or agency;
(e) A person in a vocational rehabilitation
facility certified under federal law who has been
designated an evaluee, trainee, or work activity
client.
(B) Employer.
(1) "Employer" includes:
(a) Any person employing 15 or more employees
within Illinois during 20 or more calendar weeks within
the calendar year of or preceding the alleged
violation;
(b) Any person employing one or more employees when
a complainant alleges civil rights violation due to
unlawful discrimination based upon his or her physical
or mental disability unrelated to ability, pregnancy,
or sexual harassment;
(c) The State and any political subdivision,
municipal corporation or other governmental unit or
agency, without regard to the number of employees;
(d) Any party to a public contract without regard
to the number of employees;
(e) A joint apprenticeship or training committee
without regard to the number of employees.
(2) "Employer" does not include any religious
corporation, association, educational institution,
society, or non-profit nursing institution conducted by
and for those who rely upon treatment by prayer through
spiritual means in accordance with the tenets of a
recognized church or religious denomination with respect
to the employment of individuals of a particular religion
to perform work connected with the carrying on by such
corporation, association, educational institution, society
or non-profit nursing institution of its activities.
(C) Employment Agency. "Employment Agency" includes both
public and private employment agencies and any person, labor
organization, or labor union having a hiring hall or hiring
office regularly undertaking, with or without compensation, to
procure opportunities to work, or to procure, recruit, refer or
place employees.
(D) Labor Organization. "Labor Organization" includes any
organization, labor union, craft union, or any voluntary
unincorporated association designed to further the cause of the
rights of union labor which is constituted for the purpose, in
whole or in part, of collective bargaining or of dealing with
employers concerning grievances, terms or conditions of
employment, or apprenticeships or applications for
apprenticeships, or of other mutual aid or protection in
connection with employment, including apprenticeships or
applications for apprenticeships.
(E) Sexual Harassment. "Sexual harassment" means any
unwelcome sexual advances or requests for sexual favors or any
conduct of a sexual nature when (1) submission to such conduct
is made either explicitly or implicitly a term or condition of
an individual's employment, (2) submission to or rejection of
such conduct by an individual is used as the basis for
employment decisions affecting such individual, or (3) such
conduct has the purpose or effect of substantially interfering
with an individual's work performance or creating an
intimidating, hostile or offensive working environment.
(F) Religion. "Religion" with respect to employers
includes all aspects of religious observance and practice, as
well as belief, unless an employer demonstrates that he is
unable to reasonably accommodate an employee's or prospective
employee's religious observance or practice without undue
hardship on the conduct of the employer's business.
(G) Public Employer. "Public employer" means the State, an
agency or department thereof, unit of local government, school
district, instrumentality or political subdivision.
(H) Public Employee. "Public employee" means an employee of
the State, agency or department thereof, unit of local
government, school district, instrumentality or political
subdivision. "Public employee" does not include public
officers or employees of the General Assembly or agencies
thereof.
(I) Public Officer. "Public officer" means a person who is
elected to office pursuant to the Constitution or a statute or
ordinance, or who is appointed to an office which is
established, and the qualifications and duties of which are
prescribed, by the Constitution or a statute or ordinance, to
discharge a public duty for the State, agency or department
thereof, unit of local government, school district,
instrumentality or political subdivision.
(J) Eligible Bidder. "Eligible bidder" means a person who,
prior to contract award or prior to bid opening for State
contracts for construction or construction-related services a
bid opening, has filed with the Department a properly
completed, sworn and currently valid employer report form,
pursuant to the Department's regulations. The provisions of
this Article relating to eligible bidders apply only to bids on
contracts with the State and its departments, agencies, boards,
and commissions, and the provisions do not apply to bids on
contracts with units of local government or school districts.
(K) Citizenship Status. "Citizenship status" means the
status of being:
(1) a born U.S. citizen;
(2) a naturalized U.S. citizen;
(3) a U.S. national; or
(4) a person born outside the United States and not a
U.S. citizen who is not an unauthorized alien and who is
protected from discrimination under the provisions of
Section 1324b of Title 8 of the United States Code, as now
or hereafter amended.
(Source: P.A. 98-1037, eff. 1-1-15; 98-1050, eff. 1-1-15;
99-78, eff. 7-20-15; 99-758, eff. 1-1-17.)
Section 95. No acceleration or delay. Where this Act makes
changes in a statute that is represented in this Act by text
that is not yet or no longer in effect (for example, a Section
represented by multiple versions), the use of that text does
not accelerate or delay the taking effect of (i) the changes
made by this Act or (ii) provisions derived from any other
Public Act.
Section 99. Effective date. This Act takes effect upon
becoming law.
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