Bill Text: IL SB1949 | 2013-2014 | 98th General Assembly | Amended

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Bill Title: Amends the Charitable Trust Stabilization Act. Makes a technical change in a Section concerning the short title.

Sponsorship: Partisan Bill (Republican 1)

Status: (Failed) 2015-01-13 - Session Sine Die [SB1949 Detail]

Download: Illinois-2013-SB1949-Amended.html

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Sen. Pamela J. Althoff

Filed: 3/17/2014

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AMENDMENT TO SENATE BILL 1949
AMENDMENT NO. ______. Amend Senate Bill 1949 by replacing
everything after the enacting clause with the following:
"Section 5. The Illinois Procurement Code is amended by
changing Sections 1-13, 1-15.107, 1-15.108, 1-15.110, 35-40,
45-45, 50-10.5, 50-35, and 50-36 and by adding Section 1-15.109
as follows:
(30 ILCS 500/1-13)
(Section scheduled to be repealed on December 31, 2014)
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

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institutions of higher education for any of the following:
(1) Memberships in professional, academic, 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 vendors 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
artistic or musical services, performances, or productions
held at a venue operated by a public institution of higher
education.
(5) Procurement expenditures for periodicals and books
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.
Notice of each contract entered into by a public institution of
higher education that is related to the procurement of goods

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and services identified in items (1) through (5) of this
subsection shall be published in the Procurement Bulletin
within 14 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.
(c) Procurements made by or on behalf of public
institutions of higher education for 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

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United States or is the sole source of the service or
product.
(2) Procurements of FDA-regulated goods, products, and
services necessary for the delivery of care and treatment
at medical, dental, or veterinary teaching facilities
utilized by the University of Illinois or Southern Illinois
University.
(3) Contracts for programming and broadcast license
rights for university-operated radio and television
stations.
(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
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 vendor, 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

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this subsection shall be published in the Procurement Bulletin
within 14 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,

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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) This Section is repealed on December 31, 2016 2014.
(Source: P.A. 97-643, eff. 12-20-11; 97-895, eff. 8-3-12.)
(30 ILCS 500/1-15.107)
Sec. 1-15.107. Subcontract. "Subcontract" means a contract
between a person and a person who has a contract subject to
this Code, pursuant to which the subcontractor provides to the
contractor, or, if the contract price exceeds $50,000, another
subcontractor, some or all of the goods, services, real

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property, remuneration, or other monetary forms of
consideration that are the subject and necessary to the
execution, in whole or in part, of the primary contract and
includes, among other things, subleases from a lessee of a
State agency.
(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); 97-895, eff. 8-3-12.)
(30 ILCS 500/1-15.108)
Sec. 1-15.108. Subcontractor. "Subcontractor" means a
person or entity that enters into a contractual agreement with
a total value of $50,000 or more with a person or entity who
has a contract subject to this Code pursuant to which the
person or entity provides some or all of the goods, services,
real property, remuneration, or other monetary forms of
consideration that are the subject and necessary to the
execution, in whole or in part, of the primary State contract,
including subleases from a lessee of a State contract.
(Source: P.A. 96-920, eff. 7-1-10; 97-895, eff. 8-3-12.)
(30 ILCS 500/1-15.109 new)
Sec. 1-15.109. Supplier. "Supplier" means any person or
entity providing all personal property, including but not
limited to equipment, materials, printing and insurance, and
the financing of those supplies that can be procured regularly
or are available on the commercial market.

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(30 ILCS 500/1-15.110)
Sec. 1-15.110. Supplies. "Supplies" means all personal
property, including but not limited to equipment, materials,
printing, and insurance, and the financing of those supplies
that can be procured regularly or are available on the
commercial market.
(Source: P.A. 90-572, eff. 2-6-98.)
(30 ILCS 500/35-40)
Sec. 35-40. Subcontractors.
(a) Any contract granted under this Article shall state
whether the services of a subcontractor will be used. The
contract shall include the names and addresses of all
subcontractors with subcontracts with an annual value of more
than $50,000, the general type of work to be performed by such
subcontractors, and the expected amount of money each will
receive under the contract. Upon the request of the chief
procurement officer appointed pursuant to paragraph (2) of
subsection (a) of Section 10-20, the contractor shall provide
the chief procurement officer a copy of a subcontract so
identified within 15 days after the request is made. A
subcontractor, or contractor on behalf of a subcontractor, may
identify information that is deemed proprietary or
confidential. If the chief procurement officer determines the
information is not relevant to the primary contract, or the

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chief procurement officer determines the information is
proprietary or could harm the business interest of the
subcontractor, then the chief procurement officer may, in his
or her discretion, redact the information. Redacted
information shall not become part of the public record.
(b) If at any time during the term of a contract, a
contractor adds or changes any subcontractors, he or she shall
promptly notify, in writing, the chief procurement officer for
matters other than construction or the higher education chief
procurement officer, whichever is appropriate, and the
responsible State purchasing officer, or their designee of the
names and addresses and the expected amount of money each new
or replaced subcontractor will receive. Upon request of the
chief procurement officer appointed pursuant to paragraph (2)
of subsection (a) of Section 10-20, the contractor shall
provide the chief procurement officer a copy of any new or
amended subcontract so identified within 15 days after the
request is made.
(c) In addition to any other requirements of this Code, a
subcontract subject to this Section must include all of the
subcontractor's certifications required by Article 50 of this
Code.
(d) This Section applies to procurements solicited on or
after the effective date of this amendatory Act of the 98th
General Assembly.
(Source: P.A. 95-481, eff. 8-28-07; 96-920, eff. 7-1-10.)

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(30 ILCS 500/45-45)
Sec. 45-45. Small businesses.
(a) Set-asides. The 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 bidder, annual sales and receipts of the
bidder 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 $14,000,000 10,000,000.

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(2) No retail business or business selling services is
a small business if it employs more than 100 employees or
if its annual sales and receipts exceed $7,000,000
6,000,000. For retail business or business selling
information technology services that include, but are not
limited to, computer programming, data processing and
system design businesses, annual sales and receipts may not
exceed $25,000,000.
(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 $10,000,000.
(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. The chief procurement
officer shall designate a State purchasing officer who will be
responsible for engaging an experienced contract negotiator to

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serve as its small business specialist, whose duties shall
include:
(1) Compiling and maintaining a comprehensive bidders
list of small businesses. 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 on small
business set-asides.
(f) Small business annual report. The State purchasing
officer designated under subsection (e) shall annually before
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

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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. 92-60, eff. 7-12-01; 93-769, eff. 1-1-05.)
(30 ILCS 500/50-10.5)
Sec. 50-10.5. Prohibited bidders and contractors.
(a) Unless otherwise provided, no business shall bid or
enter into a contract or subcontract under this Code 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 submitted to and contract executed by the
State and every subcontract subject to Section 20-120 of this
Code shall contain a certification by the bidder, contractor,
or subcontractor, respectively, that the bidder, contractor,
or subcontractor is not barred from being awarded a contract or
subcontract under this Section and acknowledges that the chief

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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 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 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

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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 proposal 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.
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.
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 , or
shareholder 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

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procurement need.
(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); 96-920,
eff. 7-1-10; 97-895, eff. 8-3-12.)
(30 ILCS 500/50-35)
Sec. 50-35. Financial disclosure and potential conflicts
of interest.
(a) All offers from responsive bidders or offerors with an
annual value of more than $50,000 $25,000 shall be accompanied
by disclosure of the financial interests of the contractor,
bidder, or proposer and each subcontractor to be used. In
addition, all subcontracts identified as provided by Section
20-120 of this Code with an annual value of more than $50,000
shall be accompanied by disclosure of the financial interests
of each subcontractor. The financial disclosure of each
successful bidder or offeror and its subcontractors shall be
incorporated as a material term of the contract and shall
become part of the publicly available contract or procurement
file maintained by the appropriate chief procurement officer.
Each disclosure under this Section shall be signed and made
under penalty of perjury by an authorized officer or employee
on behalf of the bidder or offeror, and must be filed with the
Procurement Policy Board.
(b) Disclosure shall include any ownership or distributive
income share that is in excess of 5%, or an amount greater than

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60% of the annual salary of the Governor, of the disclosing
entity or its parent entity, whichever is less, unless the
contractor, bidder, or subcontractor (i) is a publicly traded
entity subject to Federal 10K reporting, in which case it may
submit its 10K disclosure in place of the prescribed
disclosure, or (ii) is a privately held entity that is exempt
from Federal 10k reporting but has more than 100 200
shareholders, in which case it may submit the information that
Federal 10k reporting companies are required to report under 17
CFR 229.401 and list the names of any person or entity holding
any ownership share that is in excess of 5% in place of the
prescribed disclosure. The form of disclosure shall be
prescribed by the applicable chief procurement officer and must
include at least the names, addresses, and dollar or
proportionate share of ownership of each person identified in
this Section, their instrument of ownership or beneficial
relationship, and notice of any potential conflict of interest
resulting from the current ownership or beneficial
relationship of each person identified in this Section having
in addition any of the following relationships:
(1) State employment, currently or in the previous 3
years, including contractual employment of services.
(2) State employment of spouse, father, mother, son, or
daughter, including contractual employment for services in
the previous 2 years.
(3) Elective status; the holding of elective office of

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the State of Illinois, the government of the United States,
any unit of local government authorized by the Constitution
of the State of Illinois or the statutes of the State of
Illinois currently or in the previous 3 years.
(4) Relationship to anyone holding elective office
currently or in the previous 2 years; spouse, father,
mother, son, or daughter.
(5) Appointive office; the holding of any appointive
government office of the State of Illinois, the United
States of America, or any unit of local government
authorized by the Constitution of the State of Illinois or
the statutes of the State of Illinois, which office
entitles the holder to compensation in excess of expenses
incurred in the discharge of that office currently or in
the previous 3 years.
(6) Relationship to anyone holding appointive office
currently or in the previous 2 years; spouse, father,
mother, son, or daughter.
(7) Employment, currently or in the previous 3 years,
as or by any registered lobbyist of the State government.
(8) Relationship to anyone who is or was a registered
lobbyist in the previous 2 years; spouse, father, mother,
son, or daughter.
(9) Compensated employment, currently or in the
previous 3 years, by any registered election or re-election
committee registered with the Secretary of State or any

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county clerk in the State of Illinois, or any political
action committee registered with either the Secretary of
State or the Federal Board of Elections.
(10) Relationship to anyone; spouse, father, mother,
son, or daughter; who is or was a compensated employee in
the last 2 years of any registered election or re-election
committee registered with the Secretary of State or any
county clerk in the State of Illinois, or any political
action committee registered with either the Secretary of
State or the Federal Board of Elections.
(b-1) The disclosure required under this Section must also
include the name and address of each lobbyist required to
register under the Lobbyist Registration Act and other agent of
the bidder or offeror who is not identified under subsections
(a) and (b) and who has communicated, is communicating, or may
communicate with any State officer or employee concerning the
bid or offer. The disclosure under this subsection is a
continuing obligation and must be promptly supplemented for
accuracy throughout the process and throughout the term of the
contract if the bid or offer is successful.
(b-2) The disclosure required under this Section must also
include, for each of the persons identified in subsection (b)
or (b-1), each of the following that occurred within the
previous 10 years: debarment from contracting with any
governmental entity; professional licensure discipline;
bankruptcies; adverse civil judgments and administrative

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findings; and criminal felony convictions. The disclosure
under this subsection is a continuing obligation and must be
promptly supplemented for accuracy throughout the process and
throughout the term of the contract if the bid or offer is
successful.
(c) The disclosure in subsection (b) is not intended to
prohibit or prevent any contract. The disclosure is meant to
fully and publicly disclose any potential conflict to the chief
procurement officers, State purchasing officers, their
designees, and executive officers so they may adequately
discharge their duty to protect the State.
(d) When a potential for a conflict of interest is
identified, discovered, or reasonably suspected, the chief
procurement officer or State procurement officer shall send the
contract to the Procurement Policy Board. In accordance with
the objectives of subsection (c), if the Procurement Policy
Board finds evidence of a potential conflict of interest not
originally disclosed by the contractor or subcontractor, the
Board shall provide written notice to the contractor or
subcontractor that is identified, discovered, or reasonably
suspected of having a potential conflict of interest. The
contractor or subcontractor shall have 15 days to respond in
writing to the Board, and a hearing before the Board will be
granted upon the contractor's or subcontractor's request, at a
date and time to be determined by the Board, but which in no
event shall occur later than 15 days after the date of the

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request. Upon consideration, the Board shall recommend, in
writing, whether to allow or void the contract, bid, offer, or
subcontract weighing the best interest of the State of
Illinois. All recommendations shall be submitted to the
Executive Ethics Commission. The Executive Ethics Commission
must hold a public hearing within 30 days after receiving the
Board's recommendation if the Procurement Policy Board makes a
recommendation to (i) void a contract or (ii) void a bid or
offer and the chief procurement officer selected or intends to
award the contract to the bidder or offeror. A chief
procurement officer is prohibited from awarding a contract
before a hearing if the Board recommendation does not support a
bid or offer. The recommendation and proceedings of any
hearing, if applicable, shall be available to the public.
(e) These thresholds and disclosure do not relieve the
chief procurement officer, the State purchasing officer, or
their designees from reasonable care and diligence for any
contract, bid, offer, or proposal. The chief procurement
officer, the State purchasing officer, or their designees shall
be responsible for using any reasonably known and publicly
available information to discover any undisclosed potential
conflict of interest and act to protect the best interest of
the State of Illinois.
(f) Inadvertent or accidental failure to fully disclose
shall render the contract, bid, proposal, subcontract, or
relationship voidable by the chief procurement officer if he or

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she deems it in the best interest of the State of Illinois and,
at his or her discretion, may be cause for barring from future
contracts, bids, proposals, subcontracts, or relationships
with the State for a period of up to 2 years.
(g) Intentional, willful, or material failure to disclose
shall render the contract, bid, proposal, subcontract, or
relationship voidable by the chief procurement officer if he or
she deems it in the best interest of the State of Illinois and
shall result in debarment from future contracts, bids,
proposals, subcontracts, or relationships for a period of not
less than 2 years and not more than 10 years. Reinstatement
after 2 years and before 10 years must be reviewed and
commented on in writing by the Governor of the State of
Illinois, or by an executive ethics board or commission he or
she might designate. The comment shall be returned to the
responsible chief procurement officer who must rule in writing
whether and when to reinstate.
(h) In addition, all disclosures shall note any other
current or pending contracts, proposals, subcontracts, leases,
or other ongoing procurement relationships the bidding,
proposing, offering, or subcontracting entity has with any
other unit of State government and shall clearly identify the
unit and the contract, proposal, lease, or other relationship.
(i) The contractor or bidder has a continuing obligation to
supplement the disclosure required by this Section throughout
the bidding process or during the term of any contract.

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(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); 96-920,
eff. 7-1-10; 97-490, eff. 8-22-11; 97-895, eff. 8-3-12.)
(30 ILCS 500/50-36)
Sec. 50-36. Disclosure of business in Iran.
(a) As used in this Section:
"Business operations" means engaging in commerce in any
form in Iran, including, but not limited to, acquiring,
developing, maintaining, owning, selling, possessing, leasing,
or operating equipment, facilities, personnel, products,
services, personal property, real property, or any other
apparatus of business or commerce.
"Company" means any sole proprietorship, organization,
association, corporation, partnership, joint venture, limited
partnership, limited liability partnership, limited liability
company, or other entity or business association, including all
wholly owned subsidiaries, majority-owned subsidiaries, parent
companies, or affiliates of those entities or business
associations, that exists for the purpose of making profit.
"Mineral-extraction activities" include exploring,
extracting, processing, transporting, or wholesale selling or
trading of elemental minerals or associated metal alloys or
oxides (ore), including gold, copper, chromium, chromite,
diamonds, iron, iron ore, silver, tungsten, uranium, and zinc.
"Oil-related activities" include, but are not limited to,

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owning rights to oil blocks; exporting, extracting, producing,
refining, processing, exploring for, transporting, selling, or
trading of oil; and constructing, maintaining, or operating a
pipeline, refinery, or other oil-field infrastructure. The
mere retail sale of gasoline and related consumer products is
not considered an oil-related activity.
"Petroleum resources" means petroleum, petroleum
byproducts, or natural gas.
"Substantial action" means adopting, publicizing, and
implementing a formal plan to cease scrutinized business
operations within one year and to refrain from any such new
business operations.
(b) Each bid, offer, or proposal submitted for a State
contract, other than a small purchase defined in Section 20-20,
shall include a disclosure of whether or not the bidder,
offeror, or proposing entity, or any of its corporate parents
or subsidiaries, within the 24 months before submission of the
bid, offer, or proposal had business operations that involved
contracts with or provision of supplies or services to the
Government of Iran, companies in which the Government of Iran
has any direct or indirect equity share, consortiums or
projects commissioned by the Government of Iran, or companies
involved in consortiums or projects commissioned by the
Government of Iran and:
(1) more than 10% of the company's revenues produced in
or assets located in Iran involve oil-related activities or

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mineral-extraction activities; less than 75% of the
company's revenues produced in or assets located in Iran
involve contracts with or provision of oil-related or
mineral-extraction products or services to the Government
of Iran or a project or consortium created exclusively by
that government; and the company has failed to take
substantial action; or
(2) the company has, on or after August 5, 1996, made
an investment of $20 million or more, or any combination of
investments of at least $10 million each that in the
aggregate equals or exceeds $20 million in any 12-month
period, that directly or significantly contributes to the
enhancement of Iran's ability to develop petroleum
resources of Iran.
(c) A bid, offer, or proposal that does not include the
disclosure required by subsection (b) shall not be awarded a
contract considered responsive. A chief procurement officer
may request any correction of the disclosure and may consider
the disclosure when evaluating the bid, offer, or proposal or
awarding the contract.
(d) Each chief procurement officer shall provide the State
Comptroller with the name of each entity disclosed under
subsection (b) as doing business or having done business in
Iran. The State Comptroller shall post that information on his
or her official website.
(Source: P.A. 95-616, eff. 1-1-08.)

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Section 99. Effective date. This Act takes effect upon
becoming law.".