Public Act 100-0043

SB0008 Enrolled LRB100 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.