Bill Text: IL SB2400 | 2015-2016 | 99th General Assembly | Introduced

---

Bill Title: Amends the Illinois Procurement Code. Provides that the chief procurement officer and designated procurement officers owe a fiduciary duty to the State. Exempts certain procurements from the Code. Re-enacts and makes changes to a provision concerning the applicability of the Code to public institutions of higher education. Provides that the chief procurement officer shall be the Director of Central Management Services or his or her designee. Provides for designated procurement officers of certain State functions. Includes designated procurement officers in certain responsibilities under the Procurement Code. Transfers certain responsibilities from the Procurement Policy Board to the Department. Provides for competitive procurements from a pre-qualified pool. Requires the Auditor General to perform, no less frequently than biennially, separate performance audits of procurements under the authority of the chief procurement officer and each designated procurement officer. Allows the Auditor General to review a specific procurement or category of procurements at any time. Repeals certain provisions concerning proposed contracts and the Board, independent State purchasing officers, procurement compliance monitors, independent chief procurement officers, methods of source selection, and procurement communications reporting. Makes other changes. Amends the State Employee Indemnification Act; Civil Administrative Code, Architectural, Engineering, and Land Surveying Qualifications Based Selection Act; Illinois State Auditing Act; Criminal Code of 2012; and the Illinois Human Rights Act to make related changes. Effective January 1, 2017.

Spectrum: Partisan Bill (Republican 4-0)

Status: (Introduced - Dead) 2016-05-13 - Rule 3-9(a) / Re-referred to Assignments [SB2400 Detail]

Download: Illinois-2015-SB2400-Introduced.html

---

99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 SB2400 Introduced 2/3/2016, by Sen. Pamela J. Althoff and Kyle McCarter SYNOPSIS AS INTRODUCED:
See Index
Amends the Illinois Procurement Code. Provides that the chief procurement officer and designated procurement officers owe a fiduciary duty to the State. Exempts certain procurements from the Code. Re-enacts and makes changes to a provision concerning the applicability of the Code to public institutions of higher education. Provides that the chief procurement officer shall be the Director of Central Management Services or his or her designee. Provides for designated procurement officers of certain State functions. Includes designated procurement officers in certain responsibilities under the Procurement Code. Transfers certain responsibilities from the Procurement Policy Board to the Department. Provides for competitive procurements from a pre-qualified pool. Requires the Auditor General to perform, no less frequently than biennially, separate performance audits of procurements under the authority of the chief procurement officer and each designated procurement officer. Allows the Auditor General to review a specific procurement or category of procurements at any time. Repeals certain provisions concerning proposed contracts and the Board, independent State purchasing officers, procurement compliance monitors, independent chief procurement officers, methods of source selection, and procurement communications reporting. Makes other changes. Amends the State Employee Indemnification Act; Civil Administrative Code, Architectural, Engineering, and Land Surveying Qualifications Based Selection Act; Illinois State Auditing Act; Criminal Code of 2012; and the Illinois Human Rights Act to make related changes. Effective January 1, 2017.
LRB099 20210 MLM 44674 b
FISCAL NOTE ACT MAY APPLY
A BILL FOR
SB2400 LRB099 20210 MLM 44674 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 Employee Indemnification Act is
amended by changing Section 1 as follows:
(5 ILCS 350/1) (from Ch. 127, par. 1301)
Sec. 1. Definitions. For the purpose of this Act:
(a) The term "State" means the State of Illinois, the
General Assembly, the court, or any State office, department,
division, bureau, board, commission, or committee, the
governing boards of the public institutions of higher education
created by the State, the Illinois National Guard, the
Comprehensive Health Insurance Board, any poison control
center designated under the Poison Control System Act that
receives State funding, or any other agency or instrumentality
of the State. It does not mean any local public entity as that
term is defined in Section 1-206 of the Local Governmental and
Governmental Employees Tort Immunity Act or a pension fund.
(b) The term "employee" means: any present or former
elected or appointed officer, trustee or employee of the State,
or of a pension fund; any present or former commissioner or
employee of the Executive Ethics Commission or of the
Legislative Ethics Commission; any present or former

SB2400 - 2 - LRB099 20210 MLM 44674 b
Executive, Legislative, or Auditor General's Inspector
General; any present or former employee of an Office of an
Executive, Legislative, or Auditor General's Inspector
General; any present or former member of the Illinois National
Guard while on active duty; individuals or organizations who
contract with the Department of Corrections, the Department of
Juvenile Justice, the Comprehensive Health Insurance Board, or
the Department of Veterans' Affairs to provide services;
individuals or organizations who contract with the Department
of Human Services (as successor to the Department of Mental
Health and Developmental Disabilities) to provide services
including but not limited to treatment and other services for
sexually violent persons; individuals or organizations who
contract with the Department of Military Affairs for youth
programs; individuals or organizations who contract to perform
carnival and amusement ride safety inspections for the
Department of Labor; individuals who contract with the Office
of the State's Attorneys Appellate Prosecutor to provide legal
services, but only when performing duties within the scope of
the Office's prosecutorial activities; individual
representatives of or designated organizations authorized to
represent the Office of State Long-Term Ombudsman for the
Department on Aging; individual representatives of or
organizations designated by the Department on Aging in the
performance of their duties as adult protective services
agencies or regional administrative agencies under the Adult

SB2400 - 3 - LRB099 20210 MLM 44674 b
Protective Services Act; individuals or organizations
appointed as members of a review team or the Advisory Council
under the Adult Protective Services Act; individuals or
organizations who perform volunteer services for the State
where such volunteer relationship is reduced to writing;
individuals who serve on any public entity (whether created by
law or administrative action) described in paragraph (a) of
this Section; individuals or not for profit organizations who,
either as volunteers, where such volunteer relationship is
reduced to writing, or pursuant to contract, furnish
professional advice or consultation to any agency or
instrumentality of the State; an individual or organization
contracted with by the State pursuant to item (4) of subsection
(b) of Section 1-10 of the Illinois Procurement Code;
individuals who serve as foster parents for the Department of
Children and Family Services when caring for a Department ward;
individuals who serve as members of an independent team of
experts under Brian's Law; and individuals who serve as
arbitrators pursuant to Part 10A of Article II of the Code of
Civil Procedure and the rules of the Supreme Court implementing
Part 10A, each as now or hereafter amended; the term
"employee"does not mean an independent contractor except as
provided in this Section. The term includes an individual
appointed as an inspector by the Director of State Police when
performing duties within the scope of the activities of a
Metropolitan Enforcement Group or a law enforcement

SB2400 - 4 - LRB099 20210 MLM 44674 b
organization established under the Intergovernmental
Cooperation Act. An individual who renders professional advice
and consultation to the State through an organization which
qualifies as an "employee" under the Act is also an employee.
The term includes the estate or personal representative of an
employee.
(c) The term "pension fund" means a retirement system or
pension fund created under the Illinois Pension Code.
(Source: P.A. 98-49, eff. 7-1-13; 98-83, eff. 7-15-13; 98-732,
eff. 7-16-14; 98-756, eff. 7-16-14.)
Section 10. The Civil Administrative Code of Illinois is
amended by changing Section 5-115 as follows:
(20 ILCS 5/5-115) (was 20 ILCS 5/5.13e)
Sec. 5-115. In the Department of Central Management
Services. Three Two Assistant Directors of Central Management
Services. One of these 3 Assistant Directors shall be the
Assistant Director for Procurement.
(Source: P.A. 91-239, eff. 1-1-00.)
Section 15. The Illinois State Auditing Act is amended by
changing Sections 3-2 and 3-3 as follows:
(30 ILCS 5/3-2) (from Ch. 15, par. 303-2)
Sec. 3-2. Mandatory and directed post audits. The Auditor

SB2400 - 5 - LRB099 20210 MLM 44674 b
General shall conduct a financial audit, a compliance audit, or
other attestation engagement, as is appropriate to the agency's
operations under generally accepted government auditing
standards, of each State agency except the Auditor General or
his office at least once during every biennium, except as is
otherwise provided in regulations adopted under Section 3-8.
The general direction and supervision of the financial audit
program may be delegated only to an individual who is a
Certified Public Accountant and a payroll employee of the
Office of the Auditor General. In the conduct of financial
audits, compliance audits, and other attestation engagements,
the Auditor General may inquire into and report upon matters
properly within the scope of a performance audit, provided that
such inquiry shall be limited to matters arising during the
ordinary course of the financial audit.
In any year the Auditor General shall conduct any special
audits as may be necessary to form an opinion on the financial
statements of this State, as prepared by the Comptroller, and
to certify that this presentation is in accordance with
generally accepted accounting principles for government.
Simultaneously with the biennial compliance audit of the
Department of Human Services, the Auditor General shall conduct
a program audit of each facility under the jurisdiction of that
Department that is described in Section 4 of the Mental Health
and Developmental Disabilities Administrative Act. The program
audit shall include an examination of the records of each

SB2400 - 6 - LRB099 20210 MLM 44674 b
facility concerning (i) reports of suspected abuse or neglect
of any patient or resident of the facility and (ii) reports of
violent acts against facility staff by patients or residents.
The Auditor General shall report the findings of the program
audit to the Governor and the General Assembly, including
findings concerning patterns or trends relating to (i) abuse or
neglect of facility patients and residents or (ii) violent acts
against facility staff by patients or residents. However, for
any year for which the Inspector General submits a report to
the Governor and General Assembly as required under Section 6.7
of the Abused and Neglected Long Term Care Facility Residents
Reporting Act, the Auditor General need not conduct the program
audit otherwise required under this paragraph.
The Auditor General shall conduct a performance audit of a
State agency when so directed by the Commission, or by either
house of the General Assembly, in a resolution identifying the
subject, parties and scope. Such a directing resolution may:
(a) require the Auditor General to examine and report
upon specific management efficiencies or cost
effectiveness proposals specified therein;
(b) in the case of a program audit, set forth specific
program objectives, responsibilities or duties or may
specify the program performance standards or program
evaluation standards to be the basis of the program audit;
(c) be directed at particular procedures or functions
established by statute, by administrative regulation or by

SB2400 - 7 - LRB099 20210 MLM 44674 b
precedent; and
(d) require the Auditor General to examine and report
upon specific proposals relating to state programs
specified in the resolution.
The Commission may by resolution clarify, further direct,
or limit the scope of any audit directed by a resolution of the
House or Senate, provided that any such action by the
Commission must be consistent with the terms of the directing
resolution.
The Auditor General shall conduct performance audits as
required under Section 50-80 of the Illinois Procurement Code.
(Source: P.A. 93-630, eff. 12-23-03; 94-347, eff. 7-28-05.)
(30 ILCS 5/3-3) (from Ch. 15, par. 303-3)
Sec. 3-3. Discretionary audits. The Auditor General may
initiate and conduct a special audit whenever he determines it
to be in the public interest.
The Auditor General may initiate and conduct an economy and
efficiency audit of a State agency or program whenever the
findings of a post audit indicate that such an audit is
advisable or in the public interest, if he has given the
Commission at least 30 days' prior notice of his intention to
conduct the audit and the Commission has not disapproved of
that audit.
The Auditor General may, at any time, make informal
inquiries of any agency concerning its obligation, receipt,

SB2400 - 8 - LRB099 20210 MLM 44674 b
expenditure or use of State funds, but such an inquiry may not
be in the nature of an investigation or post audit.
The Auditor General may, by audit or informally, review
procurements under Section 50-80 of the Illinois Procurement
Code.
(Source: P.A. 93-630, eff. 12-23-03.)
Section 20. The Illinois Procurement Code is amended by
changing Sections 1-5, 1-10, 1-12, 1-13, 1-15.12, 1-15.15,
1-15.20, 1-15.70, 1-15.107, 1-15.108, 5-5, 10-5, 15-1, 15-20,
15-25, 15-30, 15-35, 20-10, 20-20, 20-25, 20-30, 20-35, 20-43,
20-45, 20-50, 20-55, 20-60, 20-65, 20-70, 20-75, 20-80, 20-85,
20-110, 20-120, 20-155, 20-160, 25-15, 25-30, 25-35, 25-45,
25-65, 30-35, 35-5, 35-10, 35-15, 35-20, 35-25, 35-30, 35-35,
35-40, 40-15, 40-20, 40-25, 40-30, 40-35, 40-55, 45-10, 45-15,
45-30, 45-35, 45-40, 45-45, 45-57, 45-67, 45-70, 50-1, 50-2,
50-5, 50-10, 50-10.5, 50-11, 50-12, 50-20, 50-21, 50-30, 50-35,
50-36, 50-37, 50-38, 50-40, 50-45, 50-60, 50-65, and 50-75 and
by adding Sections 1-13.1, 1-15.38, 1-15.47, 1-15.56, 1-15.74,
10-6, 15-36, 20-16, 20-51, 25-81, and 50-80 as follows:
(30 ILCS 500/1-5)
Sec. 1-5. Public policy. It is the purpose of this Code and
is declared to be the policy of the State that the principles
of competitive bidding and economical procurement practices
shall be applicable to all purchases and contracts by or for

SB2400 - 9 - LRB099 20210 MLM 44674 b
any State agency. The chief procurement officer, the designated
procurement officers, and their designees owe a fiduciary duty
to the State.
(Source: P.A. 90-572, eff. date - See Sec. 99-5.)
(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. 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

SB2400 - 10 - LRB099 20210 MLM 44674 b
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. For the purposes of this paragraph (4), an
individual may use an organization wholly owned by the
individual to contract with the State provided that the
organization functions as an employee and not an
independent contractor. No such contract under this item
(4) shall constitute a position of employment as
contemplated by the Personnel Code.
(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

SB2400 - 11 - LRB099 20210 MLM 44674 b
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) 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) 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 in
accordance with any law of this State 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

SB2400 - 12 - LRB099 20210 MLM 44674 b
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) Contracts for participation in domestic and
international trade shows and exhibitions.
(14) 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 (14)
shall include, but not be limited to, those associated
with: relocations, crossings, installations, and
maintenance. For the purposes of this paragraph (14),
"railroad" means any form of non-highway ground
transportation that 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

SB2400 - 13 - LRB099 20210 MLM 44674 b
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, contracts
entered into under paragraph item (12) of this subsection (b)
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 paragraph item (12) of this subsection (b). 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 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.

SB2400 - 14 - LRB099 20210 MLM 44674 b
Notwithstanding any other provision of law, contracts
entered into under paragraph (13) of this subsection (b) 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. The
applicable State agency shall provide the chief procurement
officer or, if the procurement is under the authority of a
designated procurement officer, the applicable designated
procurement officer, on a monthly basis, in the form and
content prescribed by the chief procurement officer, a report
of the contracts that are related to the procurement of goods
and services identified in paragraph (13) of this subsection
(b). 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) 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.

SB2400 - 15 - LRB099 20210 MLM 44674 b
(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) 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) 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

SB2400 - 16 - LRB099 20210 MLM 44674 b
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) (Blank). 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 goods and
services paid for from the private funds of the Illinois

SB2400 - 17 - LRB099 20210 MLM 44674 b
Prepaid Tuition Trust Fund. "Private funds" means funds derived
from deposits paid into the Illinois Prepaid Tuition Trust Fund
and the earnings thereon.
(Source: P.A. 97-96, eff. 7-13-11; 97-239, eff. 8-2-11; 97-502,
eff. 8-23-11; 97-689, eff. 6-14-12; 97-813, eff. 7-13-12;
97-895, eff. 8-3-12; 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.)
(30 ILCS 500/1-12)
(Section scheduled to be repealed on December 31, 2016)
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 applicable
volume of the Illinois Procurement Bulletin within 14 calendar
days after contract execution. The chief procurement officer
and each designated procurement officer shall prescribe the
form and content of the notice applicable to procurements
within their respective authorities. Each State agency shall
provide the chief procurement officer or designated
procurement officer, whichever is applicable, on a monthly

SB2400 - 18 - LRB099 20210 MLM 44674 b
basis, in the form and content prescribed by the chief
procurement officer or designated procurement officer,
whichever is applicable, 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 or designated procurement officer,
whichever is applicable, immediately upon request. The chief
procurement officer and designated procurement officers shall
submit a joint 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.
(Source: P.A. 97-895, eff. 8-3-12; 98-1076, eff. 1-1-15.)
(30 ILCS 500/1-13)
(Section scheduled to be repealed on December 31, 2016)
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.

SB2400 - 19 - LRB099 20210 MLM 44674 b
(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

SB2400 - 20 - LRB099 20210 MLM 44674 b
or rental.
(6) Procurement expenditures for placement of students
in externships, practicums, field experiences, and for
medical residencies and rotations.
(7) Blank. 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) Procurement expenditures for new and used
textbooks offered for resale.
(10) Procurement expenditures for good and services
provided by national and regional higher education
consortium groups pursuant to competitive solicitation
where fair pricing is determined.
(11) 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.
(12) Procurement expenditures for health care
professionals and for goods and services for the delivery
of care and treatment or education at medical, dental, or
veterinary teaching facilities utilized by the University
of Illinois or Southern Illinois University.

SB2400 - 21 - LRB099 20210 MLM 44674 b
(13) Procurement of goods and services for
university-operated health care centers and dispensaries
that provide care, treatment, and medications for
students, faculty, and staff.
(14) Procurement expenditures for student health
insurance programs.
(15) Procurement of medical or bio-medical goods and
services.
(16) Contracts for programming and broadcast license
rights for university-operated radio and television
stations.
(17) Procurement expenditures for used equipment.
(18) Procurement of food items for commercial resale.
(19) Procurement expenditures for investments,
banking, insurance, and debt underwriting.
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 (19) (7) of this
subsection shall be published in the appropriate volume of the
Illinois Procurement Bulletin within 14 calendar days after
contract execution. The higher education designated
procurement officer Chief Procurement Officer shall prescribe
the form and content of the notice. Each public institution of
higher education shall provide the higher education designated
procurement officer Chief Procurement Officer, on a monthly
basis, in the form and content prescribed by the higher

SB2400 - 22 - LRB099 20210 MLM 44674 b
education designated procurement officer Chief Procurement
Officer, an annual 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 higher
education designated procurement officer Chief Procurement
Officer immediately upon request. The higher education
designated procurement officer 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) (Blank). Except as provided in this subsection, the
provisions of this Code shall not apply to contracts for
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. 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

SB2400 - 23 - LRB099 20210 MLM 44674 b
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) (Blank). 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
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
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

SB2400 - 24 - LRB099 20210 MLM 44674 b
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 higher education designated procurement officer
Chief Procurement Officer, with the approval of the chief
procurement officer 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

SB2400 - 25 - LRB099 20210 MLM 44674 b
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.
(Source: P.A. 97-643, eff. 12-20-11; 97-895, eff. 8-3-12;
98-1076, eff. 1-1-15.)

SB2400 - 26 - LRB099 20210 MLM 44674 b
(30 ILCS 500/1-13.1 new)
Sec. 1-13.1. Continuation of Section 1-13 of this Code;
validation.
(a) 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 Section 1-13 of this
Code 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 99th General Assembly
manifests the intention of the General Assembly to remove
the repeal of Section 1-13 of this Code.
(4) Section 1-13 of this Code was originally enacted to
protect, promote, and preserve the general welfare. Any
construction of Section 1-13 of this Code that results in
the repeal of that Section on December 31, 2014 would be
inconsistent with the manifest intent of the General
Assembly and repugnant to the context of this Code.
(b) It is hereby declared to have been the intent of the
General Assembly that Section 1-13 of this Code not be subject
to repeal on December 31, 2014.

SB2400 - 27 - LRB099 20210 MLM 44674 b
(c) Section 1-13 of this Code 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 Section 1-13 of this Code
taking effect on or after December 31, 2014, are hereby
validated.
(d) All actions taken in reliance on or pursuant to Section
1-13 of this Code by any public institution of higher
education, person, or entity are hereby validated.
(e) In order to ensure the continuing effectiveness of
Section 1-13 of this Code, it is set forth in full and
re-enacted by this amendatory Act of the 99th General Assembly.
This re-enactment is intended as a continuation of that
Section. It is not intended to supersede any amendment to that
Section that is enacted by the 99th General Assembly.
(f) In this amendatory Act of the 99th 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 by this amendatory
Act of the 99th General Assembly.
(g) Section 1-13 of this Code applies to all procurements
made on or before the effective date of this amendatory Act of
the 99th General Assembly.
(30 ILCS 500/1-15.12)

SB2400 - 28 - LRB099 20210 MLM 44674 b
Sec. 1-15.12. Change order. "Change order" means a change
in a contract term, other than as specifically provided for in
the contract, that requires which authorizes or necessitates
any increase or decrease in the cost of the contract or the
time for completion of the contract for procurements subject to
the jurisdiction of the chief procurement officers appointed
pursuant to Section 10-20.
(Source: P.A. 98-1076, eff. 1-1-15.)
(30 ILCS 500/1-15.15)
Sec. 1-15.15. Chief Procurement Officer. "Chief
Procurement Officer" means the Director of Central Management
Services or his or her designee or designees. any of the 4
persons appointed or approved by a majority of the members of
the Executive Ethics Commission:
(1) for procurements for construction and
construction-related services committed by law to the
jurisdiction or responsibility of the Capital Development
Board, the independent chief procurement officer appointed
by a majority of the members of the Executive Ethics
Commission.
(2) for procurements for all construction,
construction-related services, operation of any facility,
and the provision of any construction or
construction-related service or activity committed by law
to the jurisdiction or responsibility of the Illinois

SB2400 - 29 - LRB099 20210 MLM 44674 b
Department of Transportation, including the direct or
reimbursable expenditure of all federal funds for which the
Department of Transportation is responsible or accountable
for the use thereof in accordance with federal law,
regulation, or procedure, the independent chief
procurement officer appointed by the Secretary of
Transportation with the consent of the majority of the
members of the Executive Ethics Commission.
(3) for all procurements made by a public institution
of higher education, the independent chief procurement
officer appointed by a majority of the members of the
Executive Ethics Commission.
(4) (Blank).
(5) for all other procurements, the independent chief
procurement officer appointed by a majority of the members
of the Executive Ethics Commission.
(Source: P.A. 95-481, eff. 8-28-07; 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.)
(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

SB2400 - 30 - LRB099 20210 MLM 44674 b
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.
(Source: P.A. 90-572, eff. 2-6-98.)
(30 ILCS 500/1-15.38 new)
Sec. 1-15.38. Designated procurement officer. "Designated
procurement officer" means those individuals or their
designees that have been delegated procurement authority
pursuant to subsection (b) of Section 10-5 of this Code.
(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 Sections 20-10, 20-15,
20-16, 20-20, 20-25, 20-30, 20-35, 30-15, 35-17, 45-30, or
45-35 of this Code against which subsequent orders may be
placed to meet the needs of entities, including, but not

SB2400 - 31 - LRB099 20210 MLM 44674 b
limited to, the purchasing agency. The subsequent orders may be
placed against a master contract without additional source
selection requirements. The terms of a master contract may
limit the master contract's usage to a specific agency or
agencies, or the terms of a master contract may allow the
master contract to be used by other governmental units or
qualified not-for-profit agencies to the extent permitted by
the Governmental Joint Purchasing Act.
(30 ILCS 500/1-15.56 new)
Sec. 1-15.56. Procurement. "Procurement" means, unless
otherwise excluded, the solicitation, advertisement, and award
of a contract. For the purposes of this Code, an order for
supplies or services off of a master contract is not a
procurement.
(30 ILCS 500/1-15.70)
Sec. 1-15.70. Purchasing agency. "Purchasing agency" means
a State agency that is authorized to enter into a contract (1)
pursuant to this Code or its rules or (2) by delegation from
the chief procurement officer or a designated procurement
officer enters into a contract at the direction of a State
purchasing officer authorized by a chief procurement officer or
a chief procurement officer.
(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).)

SB2400 - 32 - LRB099 20210 MLM 44674 b
(30 ILCS 500/1-15.74 new)
Sec. 1-15.74. Request for qualifications. "Request for
qualifications" means the process by which a purchasing agency
requests information from offerors, including all documents,
whether attached or incorporated by reference, used for
soliciting qualifications.
(30 ILCS 500/1-15.107)
Sec. 1-15.107. Subcontract. "Subcontract" means a contract
between a subcontractor person and a contractor person who has
a contract subject to this Code, pursuant to which the
subcontractor assumes obligation for performing specific work
under the contract provides to the contractor, or, if the
contract price exceeds $50,000, another subcontractor, some or
all of the goods, services, real property, remuneration, or
other monetary forms of consideration that are the subject of
the primary contract and also includes, among other things,
subleases from a lessee of a State agency. For purposes of this
Code, a "subcontract" does not include purchases of services
goods or supplies that are necessary for incidental to the
performance of a contract by a contractor person who has a
contract subject to this Code.
(Source: P.A. 97-895, eff. 8-3-12; 98-1076, eff. 1-1-15.)
(30 ILCS 500/1-15.108)

SB2400 - 33 - LRB099 20210 MLM 44674 b
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 contractor person or
entity who has a contract subject to this Code pursuant to
which the person assumes obligation for performing specific
work under the contract or entity provides some or all of the
goods, services, real property, remuneration, or other
monetary forms of consideration that are the subject of the
primary State contract, and also includes, but is not limited
to, including subleases from a lessee of a State contract. For
purposes of this Code, a person or entity is not a
"subcontractor" if that person only provides services goods or
supplies necessary for that are incidental to the performance
of a contract by a contractor person who has a contract subject
to this Code.
(Source: P.A. 97-895, eff. 8-3-12; 98-1076, eff. 1-1-15.)
(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,

SB2400 - 34 - LRB099 20210 MLM 44674 b
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 the chief procurement officer, the designated
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 an existing a contract. Upon a three-fifths vote of its
members, the Board may recommend propose procurement rules for
consideration by the chief procurement officer and designated
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. The Each chief procurement
officer, designated procurement officers State purchasing
officer, procurement compliance monitor, and State agencies
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

SB2400 - 35 - LRB099 20210 MLM 44674 b
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) (Blank). Procurement recommendations. Upon a
three-fifths vote of its members, the Board may review a

SB2400 - 36 - LRB099 20210 MLM 44674 b
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,

SB2400 - 37 - LRB099 20210 MLM 44674 b
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) (Blank). 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 must 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 500/10-5)
Sec. 10-5. Exercise of procurement authority.
(a) The chief procurement officer or his or her designees
shall exercise all procurement authority created by this Code
except as such authority is delegated either in this Code or by
the chief procurement officer or his or her designees to a
purchasing agency. The State purchasing officers appointed
under this Code shall exercise procurement authority at the
direction of their respective chief procurement officer.
Decisions of a State purchasing officer are subject to review
by the respective chief procurement officer.
(b) Procurement authority is delegated as follows:

SB2400 - 38 - LRB099 20210 MLM 44674 b
(1) the Executive Director of the Capital Development
Board or his or her designee is the designated procurement
officer with authority for all procurements for
construction, construction-related services, and
construction support committed by law to the jurisdiction
or responsibility of the Capital Development Board.
(2) the Secretary of Transportation or his or her
designee is the designated procurement officer with
authority for all procurements for all construction,
construction-related services, construction support,
operation of any facility, and the provision of any
construction or construction-related service or activity
committed by law to the jurisdiction or responsibility of
the Department of Transportation, including the direct or
reimbursable expenditure of all federal funds for which the
Department of Transportation is responsible or accountable
for the use thereof in accordance with federal law,
regulation, or procedures.
(3) a representative designated by the Board of Higher
Education is the designated procurement officer for all
procurements made by public institutions of higher
education.
(4) the Chairman of the Illinois State Toll Highway
Authority or his or her designee is the designated
procurement officer with authority for all procurements
for all construction, construction-related services,

SB2400 - 39 - LRB099 20210 MLM 44674 b
construction support, operation of any facility, and the
provision of any construction or construction-related
service or activity committed by law to the jurisdiction or
responsibility of the Illinois State Toll Highway
Authority.
(c) The chief procurement officer may limit the authority
given under subsection (b) of this Section to procure general
services supplies and services and construction support by
administrative rulemaking in accordance with the Illinois
Administrative Procedure Act.
(d) In addition to any other requirement or qualification
required by State law, the chief procurement officer or his or
her designee and each designated procurement officer or their
designees must within 12 months of employment be a Certified
Professional Public Buyer or a Certified Public Purchasing
Officer, pursuant to certification by the Universal Public
Purchasing Certification Council, and must reside in Illinois.
(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 500/10-6 new)
Sec. 10-6. Rulemaking authority; agency policy.
(a) Rulemaking. The chief procurement officer and the
designated procurement officers shall form a rulemaking
committee that is chaired by the chief procurement officer. The
rulemaking committee shall develop and adopt a single set of

SB2400 - 40 - LRB099 20210 MLM 44674 b
joint rules to carry out the procurement authority set forth in
this Code. The uniform set of rules may contain one or more
subparts for various topics, including construction and
construction-related services. The rulemaking authority
mentioned in specific sections of this Code shall not be
construed as prohibiting or limiting rulemaking authority of
the chief procurement officer and designated procurement
officers on other procurement topics within their authority
under this Code.
The joint rules shall be adopted in accordance with the
Illinois Administrative Procedure Act. Contractual provisions,
specifications, and procurement descriptions are not rules and
are not subject to the Illinois Administrative Procedure Act.
(b) Policy. The chief procurement officer and designated
procurement officers shall promptly notify the Procurement
Policy Board in writing of any proposed new procurement rule or
policy or any proposed change in an existing procurement rule
or policy.
(30 ILCS 500/15-1)
Sec. 15-1. Publisher. The Each chief procurement officer
and each designated procurement officer, in consultation with
the agencies under his or her jurisdiction, possesses the
rights to and is the authority responsible for maintaining and
publishing its own separate volume of the Illinois Procurement
Bulletin. The chief procurement officer and each designated

SB2400 - 41 - LRB099 20210 MLM 44674 b
procurement officer will provide a description of the agency or
types of procurement in the title of the separate volumes of
the Illinois Procurement Bulletin.
Each volume of the Illinois Procurement Bulletin shall be
available electronically and may be available in print.
References in this Code to the publication and distribution of
the Illinois Procurement Bulletin include both its print and
electronic formats.
(Source: P.A. 97-895, eff. 8-3-12.)
(30 ILCS 500/15-20)
Sec. 15-20. Qualified bidders or offerors. Subscription to
any volume of the Illinois Procurement Bulletin shall not be
required to qualify as a bidder or offeror under this Code.
(Source: P.A. 98-1076, eff. 1-1-15.)
(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 applicable volume of the
Illinois Procurement 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

SB2400 - 42 - LRB099 20210 MLM 44674 b
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 or applicable designated 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 e-mail address and telephone
number of the responsible State procurement contact 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
may include 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 the Small Business Vendors
Directory of the Department of Central Management Services
shall be furnished written instructions and information on how
to register for each volume of the Illinois Procurement

SB2400 - 43 - LRB099 20210 MLM 44674 b
Bulletin. Such information shall be provided to each business
within 30 calendar days after the business's notice of
certification.
(b) Contracts let. Notice of each and every contract that
is let, including renegotiated contracts and change orders,
shall be posted 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 posting advertising an
invitation for bids, after the bid opening, 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 or applicable designated 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, or contractor, and the contract price, or, for

SB2400 - 44 - LRB099 20210 MLM 44674 b
contracts where a group of offerors is qualified as part of a
pre-qualified pool in accordance with Article 35 of this Code,
an upper limit value shall be published for the entire
pre-qualified pool along with unit or hourly pricing for each
individual offeror, the number of unsuccessful bidders, or
offerors, or contractors 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
applicable respective volume of the Illinois Procurement
Bulletin.
(c) Emergency purchase disclosure. The Any chief
procurement officer or, if the procurement is under the
authority of a designated procurement officer, the applicable
designated 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 or designated
procurement officer, whichever is applicable and State
purchasing officer, and the business or person contracted with

SB2400 - 45 - LRB099 20210 MLM 44674 b
for all emergency purchases in the applicable volume of the
Illinois Procurement 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 applicable volume of 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 or, if applicable, the designated
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 applicable volume of the online electronic
Bulletin within 14 calendar days of the determination to renew
the contract and the next available subsequent Bulletin. The
notice shall include at least all of the information required
in subsection (a) (b).
(c-15) Sole source procurements. Before entering into a

SB2400 - 46 - LRB099 20210 MLM 44674 b
sole source contract, the a chief procurement officer or, if
the procurement is under the authority of a designated
procurement officer, the applicable designated 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 applicable volume
of the Illinois online electronic Procurement Bulletin before a
sole source contract is awarded and at least 14 calendar days
before the hearing if required by Section 20-25.
(d) Other required disclosure. The applicable chief
procurement officer or, if applicable, designated 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) The chief procurement officer and each designated
procurement officer may include any additional information and
content in his or her volume of the Illinois Procurement
Bulletin as he or she deems necessary. Each chief procurement
officer shall, in consultation with the agencies under his or
her jurisdiction, provide the Procurement Policy Board with the

SB2400 - 47 - LRB099 20210 MLM 44674 b
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 chief procurement officer Procurement Policy Board
shall maintain on an its official procurement website a
searchable database containing all information required to be
included in the volumes of the Illinois Procurement Bulletin
under subsections (b), (b-5), (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 good; the
purchasing State agency; and the date first offered or
announced.
(c) Each designated The applicable chief procurement
officer shall provide the chief procurement officer

SB2400 - 48 - LRB099 20210 MLM 44674 b
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 500/15-35)
Sec. 15-35. Vendor portal. The Each chief procurement
officer and each designated procurement officer may, in
consultation with the agencies under his or her procurement
authority jurisdiction and the Procurement Policy Board,
establish a vendor portal. The vendor portal shall allow a
potential vendor to provide certifications, disclosures,
registrations, and other documentation needed to do business
with a State agency in advance of any particular procurement. A
potential vendor who registers with the vendor portal and
provides this information may submit its registration number,
with a confirmation that the portal information remains
current, as part of its response to a competitive selection or
a contracting process, rather than submit the same information
in full. The One or more chief procurement officer and one or
more designated procurement officers may jointly operate a
vendor portal if a single portal would better serve the needs
of the State agencies and the vendor community. The A chief
procurement officer or designated procurement officer may
accept, for use on procurements and contracts under his or her
jurisdiction, the registration from the another chief

SB2400 - 49 - LRB099 20210 MLM 44674 b
procurement or a designated procurement officer's vendor
portal. This Section applies notwithstanding any laws to the
contrary except for later enacted laws that specifically refer
to this Section.
Nothing in this Section shall preclude a State agency from
implementing its own pre-qualification, certification,
disclosure, and registration requirements necessary to conduct
and manage its program operation.
This Section does not apply to any contract for any project
as to which federal funds are available for expenditure when
its provisions may be in conflict with federal law or federal
regulation.
(Source: P.A. 97-895, eff. 8-3-12; 98-1076, eff. 1-1-15.)
(30 ILCS 500/15-36 new)
Sec. 15-36. Subscription to the chief procurement
officer's vendor portal.
(a) Except as otherwise set forth in this Section, all
bidders or offerors must subscribe to the chief procurement
officer's online, electronic vendor portal on or before the
time of contract execution.
(b) This Section shall not apply to bidders or offerors on
procurements falling under the authority of a designated
procurement officer.
(c) This Section is applicable to procurements occurring on
or after the effective date of this amendatory Act of the 99th

SB2400 - 50 - LRB099 20210 MLM 44674 b
General Assembly.
(30 ILCS 500/20-10)
(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 appropriate volume of 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 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,

SB2400 - 51 - LRB099 20210 MLM 44674 b
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 the chief
procurement a State purchasing officer or, if the procurement
is under the authority of a designated procurement officer, the
applicable designated procurement 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 the chief
procurement a State purchasing officer or, if the procurement

SB2400 - 52 - LRB099 20210 MLM 44674 b
is under the authority of a designated procurement officer, the
applicable designated procurement 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

SB2400 - 53 - LRB099 20210 MLM 44674 b
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, the chief procurement officer or, if the
procurement is under the authority of a designated procurement
officer, the applicable designated procurement officer 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 or applicable designated
procurement officer determines that the use of such a process
will be in the best interest of the State. The chief
procurement officer or applicable designated procurement
officer shall publish that determination in his or her next
volume of the Illinois Procurement Bulletin.

SB2400 - 54 - LRB099 20210 MLM 44674 b
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 chief procurement State
purchasing officer or, if the procurement is under the
authority of a designated procurement officer, the applicable
designated procurement officer and the lowest responsible
bidder.
This subsection does not apply to (i) procurements of

SB2400 - 55 - LRB099 20210 MLM 44674 b
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 appropriate volume of 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 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

SB2400 - 56 - LRB099 20210 MLM 44674 b
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 the chief
procurement a State purchasing officer or, if the procurement
is under the authority of a designated procurement officer, the
applicable designated procurement officer.
(g) Award. The contract shall be awarded with reasonable

SB2400 - 57 - LRB099 20210 MLM 44674 b
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 the chief
procurement a State purchasing officer or, if the procurement
is under the authority of a designated procurement officer, the
applicable designated procurement 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

SB2400 - 58 - LRB099 20210 MLM 44674 b
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, the chief procurement officer or, if the
procurement is under the authority of a designated procurement
officer, the applicable designated procurement officer 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 or applicable designated
procurement officer determines that the use of such a process

SB2400 - 59 - LRB099 20210 MLM 44674 b
will be in the best interest of the State. The chief
procurement officer or applicable designated 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 chief procurement State
purchasing officer or, if the procurement is under the

SB2400 - 60 - LRB099 20210 MLM 44674 b
authority of a designated procurement officer, the applicable
designated procurement 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.)
(30 ILCS 500/20-16 new)
Sec. 20-16. Competitive procurements from a pre-qualified
pool.
(a) Conditions for use. When provided for under this Code
or under its rules, or for the procurement of categories of
supplies or services, including information technology or
telecommunications supplies or services, contracts may be
entered into through a request for qualifications.
(b) Request for qualifications. Qualifications for
categories of supplies or services shall be solicited through a
request for qualifications process.
(c) Public notice. Public notice of the request for
qualifications shall be published in the Illinois Procurement
Bulletin at least 14 days before the date set in the invitation
for the opening of qualifications.

SB2400 - 61 - LRB099 20210 MLM 44674 b
(d) Receipt of qualifications. A record of qualifications
shall be prepared and shall be open for public inspection after
creation of the pre-qualified pool.
(e) Evaluation factors. The request for qualifications
shall contain the factors to be used in determining if an
offeror is pre-qualified to provide the category of supplies or
services. These factors include, but are not limited to, any
necessary experience, any necessary technical knowledge, any
required certification or accreditation, and financial
stability.
(f) Discussion with responsible offerors and revisions of
qualifications. As provided in the request for qualifications
and under adopted rules, discussions may be conducted with
responsible offerors who submit qualifications determined to
be reasonably susceptible of being pre-qualified for the
purpose of clarifying and assuring full understanding of and
responsiveness for pre-qualification. Those offerors shall be
accorded fair and equal treatment with respect to any
opportunity for discussion and revision of qualifications.
Revisions may be permitted after submission and before
pre-qualification. In conducting discussions, there shall be
no disclosure of any information derived from qualifications
submitted by other offerors. If information is provided to any
offeror by the State, it shall be provided to all offerors.
(g) Pre-qualified pool. Multiple offerors may be deemed
pre-qualified in response to the request for qualifications.

SB2400 - 62 - LRB099 20210 MLM 44674 b
Offerors shall be deemed pre-qualified in writing taking into
consideration the evaluation factors set forth in the request
for qualifications. The contract file shall contain the basis
on which each offeror is determined to be pre-qualified.
(h) Submissions to the pre-qualified pool. Each time a
purchasing agency procures supplies or services from the
pre-qualified pool, the purchasing agency shall provide a
written submission to each member of the pre-qualified pool
that describes in detail the supplies or services the State
desires to procure and the selection criteria the State will
use to make an award. The pre-qualified pool shall have at
least 3 calendar days to provide a proposal, which shall
include the price for the supplies or services described in the
submission, in response to the written submission.
(i) Discussion with the pre-qualified pool and revisions to
proposals. As provided in the request for qualifications, the
written submission to the pre-qualified pool, and under adopted
rules, discussions may be conducted with members of the
pre-qualified pool for the purpose of clarifying and assuring
full understanding of and responsiveness to the written
submission. Each member of the pre-qualified pool 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

SB2400 - 63 - LRB099 20210 MLM 44674 b
information derived from proposals submitted by competitors in
the pre-qualified pool. If any other information is disclosed
to any member of the pre-qualified pool, it shall be provided
to all members of the pre-qualified pool.
(j) Award. Award shall be made to the responsible
pre-qualified member of the pool whose proposal is determined
in writing to be the most advantageous to the State, taking
into consideration the selection criteria set forth in the
written submission to the pre-qualified pool. The contract file
shall contain the basis on which each award is made. If an
offeror other than the lowest price offeror is awarded the
contract, the State shall publish in the Illinois Procurement
Bulletin the reason for awarding to other than the lowest price
offeror.
(k) Rules. Rules to effectuate this Section shall be
adopted in accordance with Section 10-6 of this Code and shall
set forth when a pre-qualified pool expires and a method for
allowing additional offerors to become part of the
pre-qualified pool after its creation, which shall include
additions to the prequalified pool at least annually.
(l) This Section shall not apply to a construction agency
in the procurement of construction or construction-related
materials.
(30 ILCS 500/20-20)
Sec. 20-20. Small purchases.

SB2400 - 64 - LRB099 20210 MLM 44674 b
(a) Amount. Any individual procurement of supplies or
services other than professional or artistic services, not
exceeding $10,000 and any procurement of construction not
exceeding $30,000 may be made without competitive sealed
bidding. Procurements shall not be artificially divided so as
to constitute a small purchase under this Section.
(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) The 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 increased
by rule 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. At least 14 calendar days before entering into
the sole source contract, the purchasing agency shall arrange
to be published in the Illinois Procurement Bulletin a notice
of intent to do so along with a description of the item to be

SB2400 - 65 - LRB099 20210 MLM 44674 b
procured and the intended sole source contractor. The A State
contract may be awarded as a sole source procurement unless an
interested party submits a written request for a public hearing
at which the chief procurement officer or, if the procurement
is within the authority of a designated procurement officer,
the applicable designated 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) (Blank). 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 appropriate volume of the Illinois Procurement 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 chief procurement officer 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

SB2400 - 66 - LRB099 20210 MLM 44674 b
notice and all documents provided at the hearing shall be
included in the subsequent Procurement Bulletin.
(d) By August 1 each year, the each chief procurement
officer and designated procurement officers shall file reports
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, other than a construction emergency contract,
may be extended beyond 90 calendar days if the chief

SB2400 - 67 - LRB099 20210 MLM 44674 b
procurement officer or, if the procurement is within the
authority of a designated procurement officer, the applicable
designated 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 or applicable designated 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. For
construction, construction-related, and construction support
procurements, the 90 calendar day term and provisions for
contracts are not applicable.
(b) Notice. Notice of all emergency procurements shall be
provided to the Procurement Policy Board and published in the
applicable volume of the Illinois Procurement 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 applicable volume of the Illinois Procurement
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

SB2400 - 68 - LRB099 20210 MLM 44674 b
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 applicable volume of the
Illinois 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) Affidavits. The A chief procurement officer or, if the
procurement is within the authority of a designated procurement
officer, the applicable designated procurement officer making
a procurement under this Section shall file 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

SB2400 - 69 - LRB099 20210 MLM 44674 b
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. Rules may be adopted pursuant to
Section 10-6 of this Code that extend 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 500/20-35)
Sec. 20-35. Competitive selection procedures.
(a) Conditions for use. The services specified in Article
35 shall be procured in accordance with this Section, except as
authorized under Sections 20-25 and 20-30 of this Article.
(b) Statement of qualifications. Respondents shall submit
statements of qualifications and expressions of interest. The
chief procurement officer or, if the procurement is under the
authority of a designated procurement officer, the applicable
designated procurement officer shall specify a uniform format

SB2400 - 70 - LRB099 20210 MLM 44674 b
for statements of qualifications. Persons may amend these
statements at any time by filing a new statement.
(c) Public announcement and form of request for proposals.
Public notice of the need for the procurement shall be given in
the form of a request for proposals and published in the
Illinois Procurement Bulletin at least 14 calendar days before
the date set in the request for proposals for the opening of
proposals. The request for proposals shall describe the
services required, list the type of information and data
required of each respondent, and state the relative importance
of particular qualifications.
(d) Discussions. The purchasing agency may conduct
discussions with any respondent who has submitted a response to
determine the respondent's qualifications for further
consideration. Discussions shall not disclose any information
derived from proposals submitted by other respondents.
(e) Award. Award shall be made to the respondent determined
in writing by the purchasing agency to be best qualified based
on the evaluation factors set forth in the request for
proposals and negotiation of compensation determined to be fair
and reasonable.
(Source: P.A. 98-1076, eff. 1-1-15.)
(30 ILCS 500/20-43)
Sec. 20-43. Authorized Bidder or offeror authorized to do
business in Illinois. In addition to meeting any other

SB2400 - 71 - LRB099 20210 MLM 44674 b
requirement of law or rule, a person (other than an individual
acting as a sole proprietor) shall be may qualify as a bidder
or offeror under this Code only if the person is a legal entity
authorized to transact business or conduct affairs in Illinois
prior to the contract award. 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 submitting the bid, offer, or proposal.
(Source: P.A. 98-1076, eff. 1-1-15.)
(30 ILCS 500/20-45)
Sec. 20-45. Prequalification of suppliers. Rules shall be
adopted in accordance with Section 10-6 of this Code The chief
procurement officer shall promulgate rules for the development
of prequalified supplier lists for appropriate categories of
purchases and the annual updating of those lists.
(Source: P.A. 90-572, eff. date - See Sec. 99-5.)
(30 ILCS 500/20-50)
Sec. 20-50. Specifications. Specifications shall be
prepared in accordance with consistent standards that are
developed by the purchasing agency. All specifications shall
seek to promote overall economy for the purposes intended and
encourage competition in satisfying the purchasing agency's

SB2400 - 72 - LRB099 20210 MLM 44674 b
needs and shall not be unduly restrictive promulgated by the
chief procurement officer and reviewed by the Board and the
Joint Committee on Administrative Rules. Those standards shall
include a prohibition against the use of brand-name only
products, except for products intended for retail sale or as
specified by rule. All specifications shall seek to promote
overall economy for the purposes intended and encourage
competition in satisfying the State's needs and shall not be
unduly restrictive.
Rules related to use of brand-name only products shall be
adopted in accordance with Section 10-6 of this Code.
A solicitation or specification for a contract or a
contract, including but not limited to of a college,
university, or institution under the jurisdiction of a
governing board listed in Section 1-15.100, may not require,
stipulate, suggest, or encourage a monetary or other financial
contribution or donation, cash bonus or incentive, economic
investment, or other prohibited conduct as an explicit or
implied term or condition for awarding or completing the
contract. The contract, solicitation, or specification also
may not include a requirement that an individual or individuals
employed by such a college, university, or institution receive
a consulting contract for professional services.
As used in this Section, "prohibited conduct" includes
requested payments or other consideration by a third party to
the university or State agency that is not part of the

SB2400 - 73 - LRB099 20210 MLM 44674 b
solicitation or that is unrelated to the subject matter or
purpose of the solicitation. "Prohibited conduct" does not
include a payment from the vendor that is supported by
additional consideration (such as exclusive rights to sell
items or rights to advertise), other than the consideration of
the State's awarding a contract to purchase of goods and
services.
(Source: P.A. 98-1076, eff. 1-1-15.)
(30 ILCS 500/20-51 new)
Sec. 20-51. Construction specifications.
(a) Construction agencies may develop specifications for
construction contracts, construction-related contracts, and
construction support contracts that may require the delivery of
material or products that will be used to satisfy the needs of
a construction agency.
(b) Material and product specifications. Material and
product specifications describe the technical or performance
requirements necessary to complete the contemplated work.
(c) Brand-name only product specifications, including
patented or proprietary products, will not be used unless a
determination is made by the construction agency that:
(1) such products may be procured competitively with
equally suitable non-brand-name products;
(2) such products are necessary for compatibility with
existing facilities or equipment;

SB2400 - 74 - LRB099 20210 MLM 44674 b
(3) no equally suitable alternative exists;
(4) such products are to be used for research or for a
distinctive type of application for experimental purposes;
or
(5) such products will create operational savings for a
facility.
(d) When more than one product will fulfill the
requirements for an item of work and the products are judged by
the construction agency to be of satisfactory quality and
equally acceptable on the basis of engineering analysis and
estimated price, the contract specifications may contain or
include by reference a qualified product list.
(30 ILCS 500/20-55)
Sec. 20-55. Types of contracts. Subject to the limitations
of this Section and unless otherwise authorized by law, any
type of contract that will promote the best interests of the
State may be used, except that cost-plus-a-percentage-of-cost
contracts are prohibited. A cost-reimbursement contract may be
used only when a determination is made in writing that a
cost-reimbursement contract is likely to be less costly to the
State than any other type or that it is impracticable to obtain
the item required except under that type of contract. The
general form of contracts shall be determined by the chief
procurement officer or, if the procurement is under the
authority of a designated procurement officer, the applicable

SB2400 - 75 - LRB099 20210 MLM 44674 b
designated procurement officer.
(Source: P.A. 90-572, eff. date - See Sec. 99-5.)
(30 ILCS 500/20-60)
Sec. 20-60. Duration of contracts.
(a) Maximum duration. A contract, other than a contract
entered into pursuant to the State University Certificates of
Participation Act or pursuant to other express statutory
authority permitting a longer duration, may be entered into for
any period of time deemed to be in the best interests of the
State but not exceeding 10 years inclusive, beginning January
1, 2010, of proposed contract renewals. The length of a lease
for real property or capital improvements shall be in
accordance with the provisions of Section 40-25. A contract for
bond or mortgage insurance awarded by the Illinois Housing
Development Authority, however, may be entered into for any
period of time less than or equal to the maximum period of time
that the subject bond or mortgage may remain outstanding.
(b) Subject to appropriation. All contracts made or entered
into shall recite that they are subject to termination and
cancellation in any year for which the General Assembly fails
to make an appropriation to make payments under the terms of
the contract.
(c) (Blank). The chief procurement officer shall file a
proposed extension or renewal of a contract with the
Procurement Policy Board prior to entering into any extension

SB2400 - 76 - LRB099 20210 MLM 44674 b
or renewal if the cost associated with the extension or renewal
exceeds $249,999. The Procurement Policy Board may object to
the proposed extension or renewal within 30 calendar days and
require a hearing before the Board prior to entering into the
extension or renewal. If the Procurement Policy Board does not
object within 30 calendar days or takes affirmative action to
recommend the extension or renewal, the chief procurement
officer may enter into the extension or renewal of a contract.
This subsection does not apply to any emergency procurement,
any procurement under Article 40, or any procurement exempted
by Section 1-10(b) of this Code. If any State agency contract
is paid for in whole or in part with federal-aid funds, grants,
or loans and the provisions of this subsection would result in
the loss of those federal-aid funds, grants, or loans, then the
contract is exempt from the provisions of this subsection in
order to remain eligible for those federal-aid funds, grants,
or loans, and the State agency shall file notice of this
exemption with the Procurement Policy Board prior to entering
into the proposed extension or renewal. Nothing in this
subsection permits a chief procurement officer to enter into an
extension or renewal in violation of subsection (a). By August
1 each year, the Procurement Policy Board shall file a report
with the General Assembly identifying for the previous fiscal
year (i) the proposed extensions or renewals that were filed
with the Board and whether the Board objected and (ii) the
contracts exempt from this subsection.

SB2400 - 77 - LRB099 20210 MLM 44674 b
(Source: P.A. 95-344, eff. 8-21-07; 96-15, eff. 6-22-09;
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; 96-1478, eff. 8-23-10.)
(30 ILCS 500/20-65)
Sec. 20-65. Right to audit records.
(a) Maintenance of books and records. Every contract and
subcontract shall require the contractor or subcontractor, as
applicable, to maintain books and records relating to the
performance of the contract or subcontract and necessary to
support amounts charged to the State under the contract or
subcontract. The books and records shall be maintained by the
contractor for a period of 3 years from the later of the date
of final payment under the contract or completion of the
contract and by the subcontractor for a period of 3 years from
the later of the date of final payment under the subcontract or
completion of the subcontract. However, the 3-year period shall
be extended for the duration of any audit in progress at the
time of that period's expiration.
(b) Audit. Every contract and subcontract shall provide
that all books and records required to be maintained under
subsection (a) shall be available for review and audit by the
Auditor General, the chief procurement officer, the applicable
designated procurement officer, if any, internal auditor, and
the purchasing agency. Every contract and subcontract shall

SB2400 - 78 - LRB099 20210 MLM 44674 b
require the contractor and subcontractor, as applicable, to
cooperate fully with any audit.
(c) Failure to maintain books and records. Failure to
maintain the books and records required by this Section shall
establish a presumption in favor of the State for the recovery
of any funds paid by the State for which required books and
records are not available.
(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 500/20-70)
Sec. 20-70. Finality of determinations. Except as
otherwise provided in this Code, determinations made by a chief
procurement officer or, if the procurement is within the
authority of a designated procurement officer, the applicable
designated procurement officer, State purchasing officer, or a
purchasing agency under this Code are final and conclusive
unless they are clearly erroneous, arbitrary, capricious, or
contrary to law.
(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 500/20-75)
Sec. 20-75. Disputes and protests. The chief procurement
officer and the designated procurement officers shall jointly
by rule establish rules procedures to be followed in resolving

SB2400 - 79 - LRB099 20210 MLM 44674 b
protested solicitations and awards and contract controversies,
for debarment or suspension of contractors, and for resolving
other procurement-related disputes.
(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 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 or, if the
procurement is under the authority of a designated procurement
officer, the applicable designated 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, or (3) contracts that
are not paid by the Comptroller, exceeding $20,000 is incurred
by any State agency, a copy of the contract, purchase order,
grant, or lease shall be filed electronically 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

SB2400 - 80 - LRB099 20210 MLM 44674 b
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

SB2400 - 81 - LRB099 20210 MLM 44674 b
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 Section 20-80 of this Code, 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 or, if the procurement falls under the
authority of a designated procurement officer, the applicable
designated procurement officer shall may request an exception
to this subsection by submitting a written statement to the

SB2400 - 82 - LRB099 20210 MLM 44674 b
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 and such approval shall not be unreasonably withheld.
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 appropriate volume of 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 500/20-85)
Sec. 20-85. Federal requirements. A State agency receiving
federal-aid funds, grants, or loans shall have authority to
adopt its procedures, rules, project statements, drawings,
maps, surveys, plans, specifications, contract terms,
estimates, bid forms, bond forms, and other documents or
practices to comply with the regulations, policies, and
procedures of the designated authority, administration, or
department of the United States, in order to remain eligible
for such federal-aid funds, grants, or loans. The chief
procurement officer, designated procurement officers, and

SB2400 - 83 - LRB099 20210 MLM 44674 b
Board shall not exercise authority or adopt rules preempting
federal requirements.
(Source: P.A. 90-572, eff. date - See Sec. 99-5.)
(30 ILCS 500/20-110)
Sec. 20-110. Printing cost offsets. Rules may be adopted in
accordance with Section 10-6 of this Code The chief procurement
officer may promulgate rules permitting the exchange of
advertising rights in or receipt of free copies of printed
products procured under this Article as a means of reducing
printing costs. The rules shall specify the appropriate method
of source selection to be used to competitively acquire
printing cost offsets.
(Source: P.A. 90-572, eff. date - See Sec. 99-5.)
(30 ILCS 500/20-120)
Sec. 20-120. Subcontractors.
(a) Any contract granted under this Code shall state
whether the services of a subcontractor will be used. The
contract shall include the names and addresses of all known
subcontractors with subcontracts with an annual value of more
than $50,000, the general type of work to be performed by these
subcontractors, and the expected amount of money each will
receive under the contract. Upon the request of the chief
procurement officer or, if the procurement is under the
authority of a designated procurement officer, the applicable

SB2400 - 84 - LRB099 20210 MLM 44674 b
designated procurement officer appointed pursuant to paragraph
(2) of subsection (a) of Section 10-20, the contractor shall
provide the chief procurement officer or applicable designated
procurement officer a copy of a subcontract so identified
within 15 calendar 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 or applicable
designated procurement officer determines the information is
not relevant to the primary contract, the chief procurement
officer or applicable designated procurement officer may
excuse the inclusion of the information. If the chief
procurement officer or applicable designated procurement
officer determines the information is proprietary or could harm
the business interest of the subcontractor, the chief
procurement officer or applicable designated 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, or,
if the procurement is under the authority of a designated
procurement officer, the applicable designated procurement
officer State purchasing officer, or their designee of the
names and addresses of each new or replaced subcontractor and

SB2400 - 85 - LRB099 20210 MLM 44674 b
the general type of work to be performed. 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 any new or
amended subcontract so identified within 15 calendar 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 the
Code.
(d) This Section applies to procurements solicited on or
after the effective date of this amendatory Act of the 96th
General Assembly. The changes made to this Section by this
amendatory Act of the 97th General Assembly apply to
procurements solicited on or after the effective date of this
amendatory Act of the 97th General Assembly.
(Source: P.A. 97-895, eff. 8-3-12; 98-1076, eff. 1-1-15.)
(30 ILCS 500/20-155)
Sec. 20-155. Solicitation and contract documents.
(a) The Each chief procurement officer and designated
procurement officers are responsible for developing appointed
pursuant to Section 10-20 shall have the sole authority in
their respective jurisdiction to develop and distributing
distribute uniform documents for the solicitation, review, and
acceptance of all bids, offers, and responses and the award of

SB2400 - 86 - LRB099 20210 MLM 44674 b
contracts pursuant to this Code for those procurements within
their respective procurement authority. Purchasing agencies If
a chief procurement officer appointed pursuant to Section 10-20
exercises the authority to develop and distribute uniform
documents for the solicitation, review and acceptance of all
bids, offers and responses and the award of contracts, then the
State agency shall use the uniform documents.
(b) After award of a contract and subject to provisions of
the Freedom of Information Act, the purchasing procuring agency
shall make available for public inspection and copying all
pre-award, post-award, administration, and close-out documents
relating to that particular contract.
(c) A procurement file shall be maintained for all
contracts, regardless of the method of procurement. The
procurement file shall contain the basis on which the award is
made, all submitted bids and proposals, all evaluation
materials, score sheets and all other documentation related to
or prepared in conjunction with evaluation, negotiation, and
the award process. The procurement file shall contain a written
determination, signed by the chief procurement officer or the
designated procurement State purchasing officer, setting forth
the reasoning for the contract award decision. The procurement
file shall not include trade secrets or other competitively
sensitive, confidential, or proprietary information. The
procurement file shall be open to public inspection within 7
calendar days following award of the contract.

SB2400 - 87 - LRB099 20210 MLM 44674 b
(Source: P.A. 97-895, eff. 8-3-12; 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

SB2400 - 88 - LRB099 20210 MLM 44674 b
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

SB2400 - 89 - LRB099 20210 MLM 44674 b
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

SB2400 - 90 - LRB099 20210 MLM 44674 b
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 or prior to
the date the contract is awarded bid or offer is due. A State
agency chief procurement officer shall not enter into a
contract with accept a bid or offer if the business entity that
is not in compliance with these the registration requirements
as of the date bids or offers are due.
(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

SB2400 - 91 - LRB099 20210 MLM 44674 b
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 500/25-15)
Sec. 25-15. Method of source selection.
(a) Competitive sealed bidding. Except as provided in
subsection (b) and Sections 20-15, 20-16, 20-20, 20-25, and
20-30, 20-35, 30-15, and 40-20, all State contracts for
supplies and services shall be awarded by competitive sealed
bidding in accordance with Section 20-10.
(b) Other methods. The chief procurement officer, in
conjunction with the designated procurement officers, may
establish by rule (i) categories of purchases, including
non-governmental joint purchases, that may be made without
competitive sealed bidding and (ii) the most competitive
alternate method of source selection that shall be used for
each category of purchase.
(Source: P.A. 90-572, eff. date - See Sec. 99-5.)
(30 ILCS 500/25-30)
Sec. 25-30. More favorable terms. A supply or service
contract may include, if determined by the chief procurement

SB2400 - 92 - LRB099 20210 MLM 44674 b
officer a State purchasing officer to be in the best interests
of the State, a clause requiring that if more favorable terms
are granted by the contractor to any similar state or local
governmental agency in any state in a contemporaneous agreement
let under the same or similar financial terms and circumstances
for comparable supplies or services, the more favorable terms
shall be applicable under the contract.
(Source: P.A. 90-572, eff. date - See Sec. 99-5.)
(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, the chief procurement officer State purchasing
officers may 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

SB2400 - 93 - LRB099 20210 MLM 44674 b
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 500/25-45)
Sec. 25-45. Executive agency energy conservation and
saving measures Energy conservation program.
(a) Definitions. As used in this Section:
"Board" means the Capital Development Board.
"Contracting authority" means the Department, the Board,
or other such agencies as may be delegated to execute certain
of its statutory procurement functions through
intergovernmental agreements specifically developed for the
purpose of securing energy conservation services.
"Department" means the Department of Central Management
Services acting in its capacity as the statutory owner and
manager of all properties owned and operated by the State of
Illinois on behalf of agencies, boards, and commissions
functioning under the executive authority of the Governor.
"Energy conservation measure" means any improvement,
repair, alteration, or betterment of any executive agency
facility or any equipment, fixture, or furnishing to be added
to or used in an executive agency facility, that is designed to
reduce energy consumption or operating costs, and may include,
but is not limited to, one or more of the following:
(1) Insulation of the building structure or systems

SB2400 - 94 - LRB099 20210 MLM 44674 b
within the building.
(2) Storm windows or doors, caulking or weather
stripping, multiglazed windows or doors, heat-absorbing or
heat-reflective glazed and coated window or door systems,
additional glazing, reductions in glass area, or other
window and door system modifications that reduce energy
consumption.
(3) Automated or computerized energy control systems.
(4) Heating, ventilating, or air conditioning system,
modifications, or replacements.
(5) Replacement or modification of lighting fixtures
to increase the energy efficiency of the lighting system
without increasing the overall illumination of a building,
unless an increase in illumination is necessary to conform
to the applicable State or local building code for the
lighting system after the proposed modifications are made.
(6) Energy recovery systems.
(7) Energy conservation measures that provide
long-term operating cost reductions.
"Executive agency facility" means a building owned and
operated by the State of Illinois through an agency, board, or
commission statutorily functioning under the executive
authority of the Governor and under the general property
management authority of the Department of Central Management
Services.
"Guaranteed energy savings contract" means a contract for:

SB2400 - 95 - LRB099 20210 MLM 44674 b
(i) the implementation of an energy audit, data collection, and
other related analyses preliminary to the undertaking of energy
conservation measures; (ii) the evaluation and recommendation
of energy conservation measures; (iii) the implementation of
one or more energy conservation measures; or (iv) the
implementation of project monitoring and data collection to
verify post installation energy consumption and energy related
operating costs. The contract shall provide that all payments,
except obligations on termination of the contract before its
expiration, are to be made over time and that the savings are
guaranteed to the extent necessary to pay the costs of the
energy conservation measures. "Energy savings" may include
energy reduction and offsetting sources of renewable energy
funds, including renewable energy credits and carbon credits.
"Qualified provider" means a person whose employees are
experienced and trained in the design, implementation, or
installation of energy conservation measures. The minimum
training required for any person or employee under this Section
shall be the satisfactory completion of at least 40 hours of
course instruction dealing with energy conservation measures.
A qualified provider to whom the contract is awarded shall give
a sufficient bond to the executive agency or for its faithful
performance.
(b) Before entering into a guaranteed energy savings
contract, the contracting authority shall issue a request for
proposals in accordance with Article 30 of this Code requesting

SB2400 - 96 - LRB099 20210 MLM 44674 b
competitive sealed offers for innovative solutions and
conservation measures. A request for proposals shall be
published in the appropriate volume of the Illinois Procurement
Bulletin under the authority of the designated procurement
officer for the Capital Development Board under Section 10-5 of
this Code for at least 30 days before offers are due. The
request for proposals shall, at a minimum, include all of the
following:
(1) The name and address of the executive agency.
(2) The name, address, title, and phone number of an
executive agency contact person who will respond to
questions regarding the request for proposals.
(3) Notice indicating that the contracting authority
is requesting qualified providers to propose energy
conservation measures through a guaranteed energy savings
contract.
(4) The date, time, and place where offers must be
received.
(5) The evaluation criteria for evaluating offers.
(6) Any other stipulations and clarifications the
contracting authority or executive agency facility may
require.
(7) A written disclosure that identifies any energy
services contractor that participated in the preparation
of specifications. If no energy services contractor
participated in the preparation of specifications, then

SB2400 - 97 - LRB099 20210 MLM 44674 b
the request for proposals must include a disclosure that no
energy services contractor participated in the preparation
of the specifications.
(c) The evaluation of offers shall analyze the estimates of
all costs of installations, modifications, or remodeling,
including, but not limited to, costs of a pre-installation
energy audit or analysis, design, engineering, installation,
maintenance, repairs, debt service, conversions to a different
energy or fuel source, or post-installation project
monitoring, data collection, and reporting. The evaluation
shall include a detailed analysis of whether either the energy
consumed or the operating costs, or both, will be reduced. If a
licensed architect or registered professional engineer on the
executive agency's or contracting authority's staff is
unavailable to serve as an evaluator, then the evaluation shall
include a registered professional engineer or architect, who is
retained by the executive agency or contracting authority. A
licensed architect or registered professional engineer
participating on an evaluation team under this Section must not
have any financial or contractual relationship with an offeror
or other source that would constitute a conflict of interest.
The contracting authority or executive agency facility may pay
a reasonable fee for evaluation of the proposal or include the
fee as part of the payments made under subsection (f).
(d) Any contracting agency shall coordinate with the Board
to ensure that there are no conflicts with the proposals and

SB2400 - 98 - LRB099 20210 MLM 44674 b
current or upcoming Board projects.
(e) After evaluating the proposals, a contracting
authority for an executive agency facility may enter into a
guaranteed energy savings contract with the best-qualified
offeror if the contracting authority finds that the amount it
would spend on the energy conservation measures recommended in
the proposal would not exceed the amount to be saved in either
energy or operational costs, or both, within a 20-year period
from the date of installation if the recommendations in the
proposal are followed. Contracts let or awarded must be
published in the volume of the Illinois Procurement Bulletin
under the authority of the chief procurement officer for the
Capital Development Board or as otherwise prescribed by
agreement between the Capital Development Board and the
contracting authority.
(f) The guaranteed energy savings contract shall include
the contractor's guarantee that either the energy or
operational cost savings, or both, will meet or exceed within
20 years the costs of the energy conservation measures. The
contractor shall reimburse the State for any shortfall of
guaranteed energy savings projected in the contract. A
contractor shall provide a sufficient bond, as determined by
the State, to the contracting authority for the installation
and the faithful performance of all the measures included in
the contract. The guaranteed energy savings contract may
provide for payments over a period of time, not to exceed 20

SB2400 - 99 - LRB099 20210 MLM 44674 b
years from the date of final installation of the energy
conservation measures.
(g) The contracting authority may enter into an installment
payment contract or lease purchase agreement with a contractor
for services solicited under this Section or with a third
party, as authorized by law, for the funding or financing of
the purchase and installation of energy conservation measures.
The State of Illinois may issue certificates evidencing the
indebtedness incurred pursuant to the contracts. Each contract
or agreement entered into by a contracting authority pursuant
to this Section shall be authorized by official action of the
contracting authority. The authority granted in this Section is
in addition to any other authority granted by law. If an energy
audit is performed by an energy services contractor for an
executive agency facility within the 3 years immediately
preceding the request for proposals, then the contracting
authority must publish as a reference document in the
solicitation for energy conservation measures:
(1) an executive summary of the energy audit, provided
that the contracting authority and executive agency
facility may exclude any proprietary or trademarked
information or practices; or
(2) the energy audit, provided that the contracting
authority and executive agency facility may redact any
proprietary or trademarked information or practices.
An executive agency facility or contracting authority may

SB2400 - 100 - LRB099 20210 MLM 44674 b
not withhold the disclosure of information related to: (i) the
executive agency facility's consumption of energy, (ii) the
physical condition of the executive agency's facilities, and
(iii) any limitations prescribed by the executive agency
facility or contracting authority.
(h) Guaranteed energy savings contracts may extend beyond
the fiscal year in which they become effective. The agency
responsible for payments under such a contract shall include in
its annual budget and appropriations measures for each
subsequent fiscal year any amounts payable under guaranteed
energy savings contracts during that fiscal year.
(i) In cooperation with the contracting authority, the
executive agency facility shall document the operational and
energy cost savings specified in the guaranteed energy savings
contract and designate and appropriate that amount for an
annual payment of the contract. If the annual energy savings
are less than projected under the guaranteed energy savings
contract the contractor shall pay the difference as provided in
subsection (f) of this Section.
(j) An executive agency facility or contracting authority
may use funds designated for operating or capital expenditures
for any guaranteed energy savings contract including purchases
using installment payment contracts or lease purchase
agreements. An executive agency facility or contracting
authority that enters into such a contract or agreement may
covenant in the contract or agreement that payments made under

SB2400 - 101 - LRB099 20210 MLM 44674 b
the contract or agreement shall be payable from the first funds
legally available in each fiscal year.
(k) Operating and maintenance funds and other amounts
appropriated for distribution to or reimbursement of an
executive agency facility or contracting authority shall not be
reduced as a result of energy savings realized from a
guaranteed energy savings contract or a lease purchase
agreement for the purchase and installation of energy
conservation measures.
(l) Other State laws and related administrative
requirements apply to this Article, including, but not limited
to, the following laws and related administrative
requirements: the Illinois Human Rights Act, the Prevailing
Wage Act, the Public Construction Bond Act, the Employment of
Illinois Workers on Public Works Act, the Freedom of
Information Act, the Open Meetings Act, the Illinois
Architecture Practice Act of 1989, the Professional
Engineering Practice Act of 1989, the Structural Engineering
Practice Act of 1989, the Local Government Professional
Services Selection Act, and the Contractor Unified License and
Permit Bond Act.
(m) In order to protect the integrity of historic
buildings, no provision of this Section shall be interpreted to
require the implementation of energy conservation measures
that conflict with respect to any property eligible for,
nominated to, or entered on the National Register of Historic

SB2400 - 102 - LRB099 20210 MLM 44674 b
Places, pursuant to the federal National Historic Preservation
Act of 1966, or the Illinois Register of Historic Places,
pursuant to the Illinois Historic Preservation Act.
State purchasing officers may enter into energy conservation
program contracts that provide for utility cost savings. The
chief procurement officer shall promulgate and adopt rules for
the implementation of this Section.
(Source: P.A. 90-572, eff. date - See Sec. 99-5.)
(30 ILCS 500/25-65)
Sec. 25-65. Contracts performed outside the United States.
Prior to contracting or as a requirement of solicitation of any
State contracts for services as defined in Section 1-15.90,
whichever is appropriate, potential contractors shall disclose
in a statement of work where services will be performed under
that contract, including any subcontracts, and whether any
services under that contract, including any subcontracts, are
anticipated to be performed outside the United States.
In awarding the contract or evaluating the bid or offer,
the chief procurement officer or, if the procurement is under
the authority of a designated procurement officer, the
applicable designated procurement officer may consider such
disclosure and the economic impact to the State of Illinois and
its residents.
If the chief procurement officer or applicable designated
procurement officer awards a contract to a vendor based upon

SB2400 - 103 - LRB099 20210 MLM 44674 b
disclosure that work will be performed in the United States and
during the term of the contract the contractor or a
subcontractor proceeds to shift work outside of the United
States, the contractor shall be deemed in breach of contract,
unless the chief procurement officer or applicable designated
procurement officer shall have first determined in writing that
circumstances require the shift of work or that termination of
the contract would not be in the State's best interest.
Nothing in this Section is intended to contravene any
existing treaty, law, agreement, or regulation of the United
States.
The chief procurement officer appointed pursuant to
paragraph (4) of subsection (a) of Section 10-20 shall prepare
and deliver to the General Assembly, no later than September 1,
2015, a report on the impact of outsourcing services for State
agencies subject to the jurisdiction of the chief procurement
officer. The report shall include the State's cost of
procurement and shall identify those contracts where it was
disclosed that services were provided outside of the United
States, including a description and value of those services.
Each State agency subject to the jurisdiction of the chief
procurement officer appointed pursuant to paragraph (4) of
subsection (a) of Section 10-20 must provide the chief
procurement officer the information necessary to comply with
this Section on or before June 1, 2015. The requirement for
reporting to the General Assembly shall be satisfied by filing

SB2400 - 104 - LRB099 20210 MLM 44674 b
copies of the report in the manner provided by Section 3.1 of
the General Assembly Organization Act.
(Source: P.A. 98-1076, eff. 1-1-15.)
(30 ILCS 500/25-81 new)
Sec. 25-81. Governmental contracts. The chief procurement
officer or, if the procurement is under the authority of a
designated procurement officer, the designated procurement
officer may authorize, when in the best interest of the State,
a State agency to procure supplies and services without any
method of source selection otherwise required by this Code from
a vendor with a current contract with any other governmental
unit as defined in Section 1 of the Governmental Joint
Purchasing Act or from a governmental procurement cooperative
or procurement consortium. The intended contract must have been
procured pursuant to competitive selection procedures which
meet the approval of the chief procurement officer or, if the
procurement is under the authority of a designated procurement
officer, the applicable designated procurement officer.
Details of the determination and intent to use a federal
government contract shall be published in the appropriate
volume of the Illinois Procurement Bulletin for a period of 14
days prior to execution of the new contract. Contracts
resulting from this process shall contain all statutory
provisions required by Illinois law.

SB2400 - 105 - LRB099 20210 MLM 44674 b
(30 ILCS 500/30-35)
Sec. 30-35. Expenditure in excess of contract price.
(a) Germaneness. No funds in excess of the contract price
may be obligated or expended unless the additional work to be
performed or materials to be furnished is germane to the
original contract. If germane to the contract Even if germane
to the original contract, no additional expenditures or
obligations may, in their total combined amounts, be in excess
of the percentages of the original contract amount set forth in
subsection (b) unless they have received the prior written
approval of the construction agency. In the event that the
total of the combined additional expenditures or obligations
exceeds the percentages of the original contract amount set
forth in subsection (b), the construction agency shall
investigate all the additional expenditures or obligations in
excess of the original contract amount and shall in writing
approve or disapprove subsequent expenditures or obligations
and state in detail the reasons for the approval or
disapproval.
(b) (Blank). Written determination required. When the
contract amount is no more than $75,000, the percentage shall
be 9% (maximum $6,750). When the contract amount is between
$75,001 and $200,000, the percentage shall be 7% of the amount
above $75,000 plus $6,750, but not to exceed 7% of $200,000
(maximum $14,000). When the contract amount is between $200,001
and $500,000, the percentage shall be 5% of the amount above

SB2400 - 106 - LRB099 20210 MLM 44674 b
$200,000 plus $14,000, but not to exceed 5% of $500,000
(maximum $25,000). When the contract amount is in excess of
$500,000, the percentage shall be 3% of the amount above
$500,000 plus $25,000.
(Source: P.A. 90-572, eff. date - See Sec. 99-5.)
(30 ILCS 500/35-5)
Sec. 35-5. Application. All professional and artistic
services authorized under a separate Act may shall be procured
in accordance with the provisions of this Article.
(Source: P.A. 90-572, eff. date - See Sec. 99-5.)
(30 ILCS 500/35-10)
Sec. 35-10. Authority. The chief procurement officer and
each designated procurement officer Each State purchasing
officer, under the supervision of his or her respective chief
procurement officer, has the authority to select, according to
the provisions of this Article, his or her own professional and
artistic services.
(Source: P.A. 90-572, eff. date - See Sec. 99-5.)
(30 ILCS 500/35-15)
Sec. 35-15. Prequalification.
(a) The chief procurement officer or, if the procurement is
under the authority of a designated procurement officer, the
applicable designated procurement officer for matters other

SB2400 - 107 - LRB099 20210 MLM 44674 b
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 or, if the procurement is
under the authority of a designated procurement officer, the
applicable designated procurement 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 proposal.
(Source: P.A. 95-481, eff. 8-28-07; 96-920, eff. 7-1-10.)
(30 ILCS 500/35-20)
Sec. 35-20. Uniformity in procurement.
(a) The chief procurement officer and each designated
procurement officer for matters other than construction and the
higher education chief procurement officer shall utilize each
develop, cause to be printed, and distribute uniform documents
for the solicitation, review, and acceptance of all

SB2400 - 108 - LRB099 20210 MLM 44674 b
professional and artistic services that are procured under
their respective procurement authority.
(b) The All chief procurement officer and each designated
procurement officer officers, State purchasing officers, and
their designees shall use the appropriate uniform procedures
and forms to procure specified in this Code for all
professional and artistic services pursuant to this Article.
(c) These forms shall include in detail, in writing, at
least:
(1) a description of the goal to be achieved;
(2) the services to be performed;
(3) the need for the service;
(4) the qualifications that are necessary; and
(5) a plan for post-performance review.
(Source: P.A. 95-481, eff. 8-28-07; 96-920, eff. 7-1-10.)
(30 ILCS 500/35-25)
Sec. 35-25. Uniformity in contract.
(a) The chief procurement officer and each designated for
matters other than construction and the higher education chief
procurement officer shall utilize each develop, cause to be
printed, and distribute uniform documents for the contracting
of professional and artistic services that are procured under
their respective procurement authority.
(b) All chief procurement officers, and each designated
procurement officer, State purchasing officers, and their

SB2400 - 109 - LRB099 20210 MLM 44674 b
designees shall use the appropriate uniform contracts and forms
in contracting for all professional and artistic services.
(c) These contracts and forms shall include in detail, in
writing, at least:
(1) the detail listed in subsection (c) of Section
35-20;
(2) the duration of the contract, with a schedule of
delivery, when applicable;
(3) the method for charging and measuring cost (hourly,
per day, etc.);
(4) the rate of remuneration; and
(5) the maximum price or, for contracts where a group
of offerors is qualified as part of prequalified pool, unit
or hourly pricing for the individual offerors.
(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) Except as otherwise provided in this Section, all All
State contracts for professional and artistic services that are
entered into pursuant to this Article , except as provided in
this Section, shall be awarded using the competitive request
for proposal process outlined in this Section.
(b) (Blank). For each contract offered, the chief
procurement officer, State purchasing officer, or his or her
designee shall use the appropriate standard solicitation forms

SB2400 - 110 - LRB099 20210 MLM 44674 b
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 or, if the procurement is under the
authority of a designated procurement officer, the applicable
designated procurement officer for matters other than
construction or the higher education chief procurement
officer, whichever is appropriate, for publication in its
volume of the Illinois Procurement Bulletin and circulation to
the applicable 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 or, if the
procurement is under the authority of a designated procurement
officer, the applicable designated 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 or, if the
procurement is under the authority of a designated procurement
officer, the applicable designated procurement officer for
matters other than construction or higher education chief
procurement officer then shall forward the responses, together

SB2400 - 111 - LRB099 20210 MLM 44674 b
with any information it has available about the qualifications
and other State work of the respondents for evaluation by the
purchasing agency.
(e) After evaluation, ranking, and selection, the
responsible chief procurement officer or, if the procurement is
under the authority of a designated procurement officer, the
applicable designated 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 or respondents, a contract
reference, and value of the let contract in the next
appropriate volume of the applicable Illinois Procurement
Bulletin.
(f) For all professional and artistic contracts that are
procured in accordance with this Section with annualized value
that exceeds $25,000, evaluation and ranking by price is are
required. The Any chief procurement officer or, if the
procurement is under the authority of a designated procurement

SB2400 - 112 - LRB099 20210 MLM 44674 b
officer, the applicable designated procurement officer or
State purchasing officer, but not their designees, may select a
respondent other than the respondent with the lowest lowest
respondent by price. In any case, when the contract exceeds the
$25,000 threshold and the lowest price respondent is not
selected, the chief procurement officer or, if the procurement
is under the authority of a designated procurement officer, the
applicable designated procurement or the State purchasing
officer shall forward together with the contract notice, which
shall contain the name of the respondent with the lowest price
who the low respondent by price was and a written decision as
to why another respondent 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 or, if the procurement is under
the authority of a designated procurement officer, the
applicable designated procurement officer, whichever is
appropriate, for matters other than construction or higher
education chief procurement officer shall publish as provided
in subsection (e) of Section 35-30, but shall also include in
the publication notice of the chief procurement officer's or
designated procurement or State purchasing officer's written
decision.
(g) The chief procurement officer or, if the procurement is
under the authority of a designated procurement officer, the
applicable designated procurement officer for matters other

SB2400 - 113 - LRB099 20210 MLM 44674 b
than construction and higher education chief procurement
officer may each refine, but not contradict, this Section by
promulgating rules in accordance with Section 10-6 of this Code
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, if the procurement is under
the authority of a designated procurement officer, the
applicable designated procurement officer 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 $20,000.
(b) All exceptions granted under this Article must still be
submitted to the chief procurement officer or, if the
procurement is under the authority of a designated procurement
officer, the applicable designated procurement officer for

SB2400 - 114 - LRB099 20210 MLM 44674 b
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, if the
procurement is under the authority of a designated procurement
officer, the applicable designated procurement officer 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 500/35-40)
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 an annual value of more than $50,000, the
general type of work to be performed by these subcontractors,
and the expected amount of money each will receive under the
contract. Upon the request of the chief procurement officer or,
if the procurement is under the authority of a designated
procurement officer, the applicable designated procurement
officer appointed pursuant to paragraph (2) of subsection (a)
of Section 10-20, the contractor shall provide the chief
procurement officer or applicable designated procurement
officer a copy of a subcontract so identified within 15
calendar days after the request is made. A subcontractor, or

SB2400 - 115 - LRB099 20210 MLM 44674 b
contractor on behalf of a subcontractor, may identify
information that is deemed proprietary or confidential. If the
chief procurement officer or applicable designated procurement
officer determines the information is not relevant to the
primary contract, the chief procurement officer or applicable
designated procurement officer may excuse the inclusion of the
information. If the chief procurement officer or applicable
designated procurement officer determines the information is
proprietary or could harm the business interest of the
subcontractor, the chief procurement officer or applicable
designated 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 applicable designated 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 or
applicable designated procurement officer appointed pursuant
to paragraph (2) of subsection (a) of Section 10-20, the
contractor shall provide the chief procurement officer or
applicable designated procurement officer a copy of any new or

SB2400 - 116 - LRB099 20210 MLM 44674 b
amended subcontract so identified within 15 calendar 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) For purposes of this Section, the changes made by this
amendatory Act of the 98th General Assembly apply to
procurements solicited on or after the effective date of this
amendatory Act of the 98th General Assembly.
(Source: P.A. 98-1076, eff. 1-1-15.)
(30 ILCS 500/40-15)
Sec. 40-15. Method of source selection.
(a) Request for information. Except as provided in
subsections (b) and (c), all State contracts for leases of real
property or capital improvements shall be awarded by a request
for information process in accordance with Section 40-20.
(b) Other methods. A request for information process need
not be used in procuring any of the following leases:
(1) Property of less than 10,000 square feet with rent
of less than $100,000 per year.
(2) (Blank).
(3) Duration of less than one year that cannot be
renewed.
(4) Specialized space available at only one location.

SB2400 - 117 - LRB099 20210 MLM 44674 b
(5) Renewal or extension of a lease; provided that: (i)
the chief procurement officer or, if the procurement is
under the authority of a designated procurement officer,
the applicable designated procurement officer determines
in writing that the renewal or extension is in the best
interest of the State; (ii) (blank); the chief procurement
officer submits his or her written determination and the
renewal or extension to the Board; (iii) (blank); or the
Board does not object in writing to the renewal or
extension within 30 calendar days after its submission; and
(iv) the chief procurement officer or applicable
designated procurement officer publishes the renewal or
extension in the appropriate volume of the Procurement
Bulletin.
(c) Leases with governmental units. Leases with other
governmental units may be negotiated without using the request
for information process when deemed by the chief procurement
officer or, if the procurement is under the authority of a
designated procurement officer, the applicable designated
procurement officer to be in the best interest of the State.
(Source: P.A. 98-1076, eff. 1-1-15.)
(30 ILCS 500/40-20)
Sec. 40-20. Request for information.
(a) Conditions for use. Leases shall be procured by request
for information except as otherwise provided in Section 40-15.

SB2400 - 118 - LRB099 20210 MLM 44674 b
(b) Form. A request for information shall be issued and
shall include:
(1) the type of property to be leased;
(2) the proposed uses of the property;
(3) the duration of the lease;
(4) the preferred location of the property; and
(5) a general description of the configuration
desired.
(c) Public notice. Public notice of the request for
information for the availability of real property to lease
shall be published in the appropriate volume of the Illinois
Procurement Bulletin at least 14 calendar days before the date
set forth in the request for receipt of responses and shall
also be published in similar manner in a newspaper of general
circulation in the community or communities where the using
agency is seeking space.
(d) Response. The request for information response shall
consist of written information sufficient to show that the
respondent can meet minimum criteria set forth in the request.
The chief procurement officer or, if the procurement is under
the authority of a designated procurement officer, the
applicable designated procurement officer State purchasing
officers may enter into discussions with respondents for the
purpose of clarifying State needs and the information supplied
by the respondents. On the basis of the information supplied
and discussions, if any, the chief procurement officer or, if

SB2400 - 119 - LRB099 20210 MLM 44674 b
the procurement is under the authority of a designated
procurement officer, the applicable designated procurement a
State purchasing officer shall make a written determination
identifying the responses that meet the minimum criteria set
forth in the request for information. Negotiations shall be
entered into with all qualified respondents for the purpose of
securing a lease that is in the best interest of the State. A
written report of the negotiations shall be retained in the
lease files and shall include the reasons for the final
selection. All leases shall be reduced to writing; one copy
shall be filed with the Comptroller in accordance with the
provisions of Section 20-80, and one copy shall be filed with
the Board.
When the lowest response by price is not selected, the
State purchasing officer shall forward to the chief procurement
officer, along with the lease, notice of the identity of the
lowest respondent by price and written reasons for the
selection of a different response. The chief procurement
officer or, if the procurement is under the authority of a
designated procurement officer, the applicable designated
procurement officer shall publish the written reasons for the
selection of a different response in the next volume of the
applicable Illinois Procurement Bulletin.
(e) (Blank). Board review. Upon receipt of (1) any proposed
lease of real property of 10,000 or more square feet or (2) any
proposed lease of real property with annual rent payments of

SB2400 - 120 - LRB099 20210 MLM 44674 b
$100,000 or more, the Procurement Policy Board shall have 30
calendar days to review the proposed lease. If the Board does
not object in writing within 30 calendar days, then the
proposed lease shall become effective according to its terms as
submitted. The leasing agency shall make any and all materials
available to the Board to assist in the review process.
(Source: P.A. 98-1076, eff. 1-1-15.)
(30 ILCS 500/40-25)
Sec. 40-25. Length of leases.
(a) Maximum term. Leases shall be for a term not to exceed
10 years inclusive, beginning January, 1, 2010, of proposed
contract renewals and shall include a termination option in
favor of the State after 5 years.
(b) Renewal. Leases may include a renewal option. An option
to renew may be exercised only when the chief procurement
officer or, if the procurement is under the authority of a
designated procurement officer, the applicable designated
procurement a State purchasing officer determines in writing
that renewal is in the best interest of the State and notice of
the exercise of the option is published in the appropriate
volume of the Procurement Bulletin at least 60 calendar days
prior to the exercise of the option.
(c) Subject to appropriation. All leases shall recite that
they are subject to termination and cancellation in any year
for which the General Assembly fails to make an appropriation

SB2400 - 121 - LRB099 20210 MLM 44674 b
to make payments under the terms of the lease.
(d) Holdover. Beginning January 1, 2010, no lease may
continue on a month-to-month or other holdover basis for a
total of more than 6 months. Beginning July 1, 2010, the
Comptroller shall withhold payment of leases beyond this
holdover period.
(Source: P.A. 98-1076, eff. 1-1-15.)
(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 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 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.)
(30 ILCS 500/40-35)
Sec. 40-35. Rent without occupancy. Except when deemed by
the chief procurement officer or, if the procurement is under
the authority of a designated procurement officer, the
applicable designated procurement officer Board to be in the

SB2400 - 122 - LRB099 20210 MLM 44674 b
best interest of the State, no State agency may incur rental
obligations before occupying the space rented.
(Source: P.A. 90-572, eff. date - See Sec. 99-5.)
(30 ILCS 500/40-55)
Sec. 40-55. Lessor's failure to make improvements. Each
lease must provide for actual or liquidated damages upon the
lessor's failure to make improvements agreed upon in the lease.
The actual or liquidated damages shall consist of a reduction
in lease payments equal to the corresponding percentage of the
improvement value to the lease value. The actual or liquidated
damages shall continue until the lessor complies with the lease
and the improvements are certified by the chief procurement
officer or, if the procurement is under the authority of a
designated procurement officer, the applicable designated
procurement officer and the leasing State agency.
(Source: P.A. 98-1076, eff. 1-1-15.)
(30 ILCS 500/45-10)
Sec. 45-10. Resident preference bidders and offerors.
(a) (Blank). Amount of preference. When a contract is to be
awarded to the lowest responsible bidder or offeror, a resident
bidder or offeror shall be allowed a preference as against a
non-resident bidder or offeror from any state that gives or
requires a preference to bidders or offerors from that state.
The preference shall be equal to the preference given or

SB2400 - 123 - LRB099 20210 MLM 44674 b
required by the state of the non-resident bidder or offeror.
Further, if only non-resident bidders or offerors are bidding,
the purchasing agency is within its right to specify that
Illinois labor and manufacturing locations be used as a part of
the manufacturing process, if applicable. This specification
may be negotiated as part of the solicitation process.
(a-5) As used in this Section, "Illinois business" means
any of the following:
(1) a business whose principal place of business is
located in Illinois;
(2) a business that pays a majority of its payroll in
dollar volume to Illinois residents; or
(3) a business that employs Illinois residents as a
majority of its employees.
(b) (Blank). Residency. A resident bidder or offeror is a
person authorized to transact business in this State and having
a bona fide establishment for transacting business within this
State where it was actually transacting business on the date
when any bid for a public contract is first advertised or
announced. A resident bidder or offeror includes a foreign
corporation duly authorized to transact business in this State
that has a bona fide establishment for transacting business
within this State where it was actually transacting business on
the date when any bid for a public contract is first advertised
or announced.
(b-5) Invitation for bids.

SB2400 - 124 - LRB099 20210 MLM 44674 b
(1) When a purchasing agency issues an invitation for
bids pursuant to Section 20-10 of this Code, the chief
procurement officer or, if the procurement is under the
authority of a designated procurement officer, the
applicable designated procurement officer shall award the
contract to the lowest responsive and responsible bidder
after the following preferences are applied to an Illinois
business:
(A) a decrease of 5% of the total proposed price by
the vendor, resulting in a lower final price for a
purchase expected by the purchasing agency to be less
than $100,000;
(B) a decrease of 3% of the total proposed price by
the vendor, resulting in a lower final price for a
purchase expected by the purchasing agency to be at
least $100,000, but less than $500,000; and
(C) a decrease of 1% of the total proposed price by
the vendor, resulting in a lower final price for a
purchase expected by the purchasing agency to be at
least $500,000.
(2) If a bidder qualifies as an Illinois business under
this Section, and meets the responsiveness and
responsibility requirements of the invitation for bids,
the preference shall be applied to the Illinois business's
bid.
(3) If, after applying the preference, the Illinois

SB2400 - 125 - LRB099 20210 MLM 44674 b
business proposal becomes the lowest bidder, the chief
procurement officer or, if the procurement is under the
authority of a designated procurement officer, the
applicable designated procurement officer shall award the
contract to that bidder.
(c) Federal funds. This Section does not apply to any
contract for any project as to which federal funds are
available for expenditure when its provisions may be in
conflict with federal law or federal regulation.
(c-5) Request for proposals.
(1) Pursuant to subsection (b-5) of this Section, when
a purchasing agency issues a request for proposals pursuant
to Section 20-15, 5% of the total scoring points shall be
awarded to an offeror that qualifies as an Illinois
business.
(2) If an offeror qualifies as an Illinois business
under this Section and meets the responsiveness and
responsibility requirements of the request for proposals,
the additional preference shall be applied to the Illinois
business's proposal.
(3) If after applying the preference, the Illinois
business's proposal becomes the highest ranked proposal,
the chief procurement officer or, if the procurement is
under the authority of a designated procurement officer,
the applicable designated procurement officer, shall award
the contract to that offeror.

SB2400 - 126 - LRB099 20210 MLM 44674 b
(d) A business that wants to claim a preference provided
under this Section must perform the following:
(1) State in the business's bid or proposal that the
business claims the preference provided by this Section.
(2) Provide the following information in response to
the invitation for bids or the request for proposals:
(A) The location of the business's principal place
of business. If the business claims the preference as
an Illinois business as described in item (1) of
subsection (a-5) of this Section, a statement
explaining the reasons the business considers the
location named as the business's principal place of
business.
(B) If the business claims the preference as an
Illinois business as described in item (2) of
subsection (a-5) of this Section, the business must
provide proof of the amount of the business's total
payroll and the amount of the business's payroll paid
to Illinois residents.
(C) If the business claims the preference as an
Illinois business as described in item (3) of
subsection (a-5) of this Section, the business must
provide proof of the number of the business's employees
and the number of the business's employees who are
Illinois residents.
(Source: P.A. 98-1076, eff. 1-1-15.)

SB2400 - 127 - LRB099 20210 MLM 44674 b
(30 ILCS 500/45-15)
Sec. 45-15. Soybean oil-based ink. Contracts requiring the
procurement of printing services shall specify the use of
soybean oil-based ink unless the chief procurement officer or,
if the procurement is under the authority of a designated
procurement officer, the applicable designated procurement
officer a State purchasing officer determines that another type
of ink is required to assure high quality and reasonable
pricing of the printed product.
(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, the
chief procurement officer or, if a procurement is under the
authority of a designated procurement officer, the applicable
designated 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 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

SB2400 - 128 - LRB099 20210 MLM 44674 b
participating in Illinois Correctional Industries programs
shall be purchased from Illinois Correctional Industries. The
chief procurement officer appointed pursuant to paragraph (4)
of subsection (a) of Section 10-20 shall develop and distribute
to the 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 500/45-35)
Sec. 45-35. Facilities for persons with severe
disabilities.
(a) Qualification. Supplies and services may be procured
without advertising or calling for bids from any qualified
not-for-profit agency for persons with severe disabilities
that:
(1) complies with Illinois laws governing private
not-for-profit organizations;
(2) is certified as a sheltered workshop by the Wage
and Hour Division of the United States Department of Labor
or is an accredited vocational program that provides
transition services to youth between the ages of 14 1/2 and
22 in accordance with individualized education plans under
Section 14-8.03 of the School Code and that provides
residential services at a child care institution, as
defined under Section 2.06 of the Child Care Act of 1969,

SB2400 - 129 - LRB099 20210 MLM 44674 b
or at a group home, as defined under Section 2.16 of the
Child Care Act of 1969; and
(3) meets the applicable Illinois Department of Human
Services just standards.
(b) Participation. To participate, the not-for-profit
agency must have indicated an interest in providing the
supplies and services, must meet the specifications and needs
of the using agency, and must set a fair market price.
(c) Committee. There is created within the Department of
Central Management Services a committee to facilitate the
purchase of products and services of persons so severely
disabled by a physical, developmental, or mental disability or
a combination of any of those disabilities that they cannot
engage in normal competitive employment. This committee is
called the State Use Committee. The committee shall consist of
the Director of the Department of Central Management Services
or his or her designee, the Director of the Department of Human
Services or his or her designee, one public member representing
private business who is knowledgeable of the employment needs
and concerns of persons with developmental disabilities, one
public member representing private business who is
knowledgeable of the needs and concerns of rehabilitation
facilities, one public member who is knowledgeable of the
employment needs and concerns of persons with developmental
disabilities, one public member who is knowledgeable of the
needs and concerns of rehabilitation facilities, and 2 public

SB2400 - 130 - LRB099 20210 MLM 44674 b
members from a statewide association that represents
community-based rehabilitation facilities, all appointed by
the Governor. The public members shall serve 2 year terms,
commencing upon appointment and every 2 years thereafter. A
public member may be reappointed, and vacancies shall be filled
by appointment for the completion of the term. In the event
there is a vacancy on the Committee, the Governor must make an
appointment to fill that vacancy within 30 calendar days after
the notice of vacancy. The members shall serve without
compensation but shall be reimbursed for expenses at a rate
equal to that of State employees on a per diem basis by the
Department of Central Management Services. All members shall be
entitled to vote on issues before the committee.
The committee shall have the following powers and duties:
(1) To request from any State agency information as to
product specification and service requirements in order to
carry out its purpose.
(2) To meet quarterly or more often as necessary to
carry out its purposes.
(3) To request a quarterly report from each
participating qualified not-for-profit agency for persons
with severe disabilities describing the volume of sales for
each product or service sold under this Section.
(4) To prepare a report for the Governor and General
Assembly no later than December 31 of each year. The
requirement for reporting to the General Assembly shall be

SB2400 - 131 - LRB099 20210 MLM 44674 b
satisfied by following the procedures set forth in Section
3.1 of the General Assembly Organization Act.
(5) To prepare a publication that lists all supplies
and services currently available from any qualified
not-for-profit agency for persons with severe
disabilities. This list and any revisions shall be
distributed to all purchasing agencies.
(6) To encourage diversity in supplies and services
provided by qualified not-for-profit agencies for persons
with severe disabilities and discourage unnecessary
duplication or competition among facilities.
(7) To develop guidelines to be followed by qualifying
agencies for participation under the provisions of this
Section. The guidelines shall be developed within 6 months
after the effective date of this Code and made available on
a nondiscriminatory basis to all qualifying agencies.
(8) To review all bids submitted under the provisions
of this Section and reject any bid for any purchase that is
determined to be substantially more than the purchase would
have cost had it been competitively bid.
(9) To develop a 5-year plan for increasing the number
of products and services purchased from qualified
not-for-profit agencies for persons with severe
disabilities, including the feasibility of developing
mandatory set-aside contracts. This 5-year plan must be
developed no later than 180 calendar days after the

SB2400 - 132 - LRB099 20210 MLM 44674 b
effective date of this amendatory Act of the 96th General
Assembly.
(c-5) Conditions for Use. The Each chief procurement
officer or, if the procurement is under the authority of a
designated procurement officer, the applicable designated
procurement officer shall, in consultation with the State Use
Committee, determine which articles, materials, services, food
stuffs, and supplies that are produced, manufactured, or
provided by persons with severe disabilities in qualified
not-for-profit agencies shall be given preference by
purchasing agencies procuring those items.
(d) Former committee. The committee created under
subsection (c) shall replace the committee created under
Section 7-2 of the Illinois Purchasing Act, which shall
continue to operate until the appointments under subsection (c)
are made.
(Source: P.A. 97-895, eff. 8-3-12; 98-1076, eff. 1-1-15.)
(30 ILCS 500/45-40)
Sec. 45-40. Gas mileage.
(a) Specification. Contracts for the purchase or lease of
new passenger automobiles, other than station wagons, vans,
four-wheel drive vehicles, emergency vehicles, and police and
fire vehicles, shall specify the procurement of a model that,
according to the most current mileage study published by the
U.S. Environmental Protection Agency, can achieve at least the

SB2400 - 133 - LRB099 20210 MLM 44674 b
minimum average fuel economy in miles per gallon imposed upon
manufacturers of vehicles under Title V of The Motor Vehicle
Information and Cost Savings Act.
(b) Exemptions. The chief procurement officer or, if the
procurement is under the authority of a designated procurement
officer, the designated procurement State purchasing officer
may exempt procurements from the requirement of subsection (a)
when there is a demonstrated need, submitted in writing, for an
automobile that does not meet the minimum average fuel economy
standards. Rules The chief procurement officer shall
promulgate rules for determining need consistent with the
intent of this Section shall be adopted in accordance with
Section 10-6 of this Code.
(Source: P.A. 90-572, eff. date - See Sec. 99-5.)
(30 ILCS 500/45-45)
Sec. 45-45. Small businesses.
(a) Set-asides. The Each chief procurement officer and each
designated procurement officer for those procurements that are
under their respective authority have 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.

SB2400 - 134 - LRB099 20210 MLM 44674 b
(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 and each
designated 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 under Section 10-6 of this Code 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

SB2400 - 135 - LRB099 20210 MLM 44674 b
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 and each designated procurement officer shall
designate an individual 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

SB2400 - 136 - LRB099 20210 MLM 44674 b
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 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.)

SB2400 - 137 - LRB099 20210 MLM 44674 b
(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 September 1, each
designated procurement chief procurement officer shall report
to the chief procurement officer 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.

SB2400 - 138 - LRB099 20210 MLM 44674 b
(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, the each
chief procurement officer and each designated 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

SB2400 - 139 - LRB099 20210 MLM 44674 b
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

SB2400 - 140 - LRB099 20210 MLM 44674 b
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

SB2400 - 141 - LRB099 20210 MLM 44674 b
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 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

SB2400 - 142 - LRB099 20210 MLM 44674 b
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

SB2400 - 143 - LRB099 20210 MLM 44674 b
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 or a designated procurement officer appointed
pursuant to Section 10-20. The chief procurement officer or
designated procurement officer 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
officer and designated 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

SB2400 - 144 - LRB099 20210 MLM 44674 b
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
officer and designated 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 500/45-67)
Sec. 45-67. Encouragement to hire qualified veterans. The A
chief procurement officer or, if the procurement is under the
authority of a designated procurement officer, the applicable
designated procurement officer may, as part of any
solicitation, encourage potential contractors to consider
hiring qualified veterans and to notify them of any available

SB2400 - 145 - LRB099 20210 MLM 44674 b
financial incentives or other advantages associated with
hiring such persons. In establishing internal guidelines in
furtherance of this Section, the Department of Central
Management Services may work with an interagency advisory
committee consisting of representatives from the Department of
Veterans Affairs, the Department of Employment Security, the
Department of Commerce and Economic Opportunity, and the
Department of Revenue and consisting of 8 members of the
General Assembly, 2 of whom are appointed by the Speaker of the
House of Representatives, 2 of whom are appointed by the
President of the Senate, 2 of whom are appointed by the
Minority Leader of the House of Representatives, and 2 of whom
are appointed by the Minority Leader of the Senate.
For the purposes of this Section, "qualified veteran" means
an Illinois resident who: (i) was a member of the Armed Forces
of the United States, a member of the Illinois National Guard,
or a member of any reserve component of the Armed Forces of the
United States; (ii) served on active duty in connection with
Operation Desert Storm, Operation Enduring Freedom, or
Operation Iraqi Freedom; and (iii) was honorably discharged.
The Department of Central Management Services must report
to the Governor and to the General Assembly by December 31 of
each year on the activities undertaken by the chief procurement
officer, designated procurement officer, officers and the
Department of Central Management Services to encourage
potential contractors to consider hiring qualified veterans.

SB2400 - 146 - LRB099 20210 MLM 44674 b
The report must include the number of vendors who have hired
qualified veterans. Each designated procurement officer must
provide the Department of Central Management Services with the
information needed to provide the report to the Governor and
the General Assembly.
(Source: P.A. 98-1076, eff. 1-1-15.)
(30 ILCS 500/45-70)
Sec. 45-70. Encouragement to hire ex-offenders. The A chief
procurement officer or, if the procurement is under the
authority of a designated procurement officer, the applicable
designated procurement officer may, as part of any
solicitation, encourage potential contractors to consider
hiring Illinois residents discharged from any Illinois adult
correctional center, in appropriate circumstances, and to
notify them of any available financial incentives or other
advantages associated with hiring such persons. In
establishing internal guidelines in furtherance of this
Section, the Department of Central Management Services may work
with an interagency advisory committee consisting of
representatives from the Department of Corrections, the
Department of Employment Security, the Department of Juvenile
Justice, the Department of Commerce and Economic Opportunity,
and the Department of Revenue and consisting of 8 members of
the General Assembly, 2 of whom are appointed by the Speaker of
the House of Representatives, 2 of whom are appointed by the

SB2400 - 147 - LRB099 20210 MLM 44674 b
President of the Senate, 2 of whom are appointed by the
Minority Leader of the House of Representatives, and 2 of whom
are appointed by the Minority Leader of the Senate.
The Department of Central Management Services must report
to the Governor and to the General Assembly by December 31 of
each year on the activities undertaken by chief procurement
officers and each designated procurement officers and the
Department of Central Management Services to encourage
potential contractors to consider hiring Illinois residents
who have been discharged from an Illinois adult correctional
center. The report must include the number of vendors who have
hired Illinois residents who have been discharged from any
Illinois adult correctional center. Each designated
procurement officer must provide the Department of Central
Management Services with the information needed to provide the
report to the Governor and the General Assembly.
(Source: P.A. 98-1076, eff. 1-1-15.)
(30 ILCS 500/50-1)
Sec. 50-1. Purpose. It is the express duty of the all chief
procurement officers, designated procurement State purchasing
officers, and their designees to maximize the value of the
expenditure of public moneys in procuring goods, services, and
contracts for the State of Illinois and to act in a manner that
maintains the integrity and public trust of State government.
In discharging this duty, they are charged to use all available

SB2400 - 148 - LRB099 20210 MLM 44674 b
information, reasonable efforts, and reasonable actions to
protect, safeguard, and maintain the procurement process of the
State of Illinois.
(Source: P.A. 90-572, eff. 2-6-98.)
(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 designated procurement
officer, the applicable designated 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

SB2400 - 149 - LRB099 20210 MLM 44674 b
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 500/50-5)
Sec. 50-5. Bribery.
(a) Prohibition. No person or business shall be awarded a
contract or subcontract under this Code who:
(1) has been convicted under the laws of Illinois or
any other state of bribery or attempting to bribe an
officer or employee of the State of Illinois or any other
state in that officer's or employee's official capacity; or
(2) has made an admission of guilt of that conduct that
is a matter of record but has not been prosecuted for that
conduct.
(b) Businesses. No business shall be barred from
contracting with any unit of State or local government, or
subcontracting under such a contract, as a result of a
conviction under this Section of any employee or agent of the
business if the employee or agent is no longer employed by the
business and:
(1) the business has been finally adjudicated not

SB2400 - 150 - LRB099 20210 MLM 44674 b
guilty; or
(2) the business demonstrates to the governmental
entity with which it seeks to contract or which is a
signatory to the contract to which the subcontract relates,
and that entity finds that the commission of the offense
was not authorized, requested, commanded, or performed by a
director, officer, or high managerial agent on behalf of
the business as provided in paragraph (2) of subsection (a)
of Section 5-4 of the Criminal Code of 2012.
(c) Conduct on behalf of business. For purposes of this
Section, when an official, agent, or employee of a business
committed the bribery or attempted bribery on behalf of the
business and in accordance with the direction or authorization
of a responsible official of the business, the business shall
be chargeable with the conduct.
(d) Certification. Every bid or offer submitted to 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 the
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 or,
if the procurement is under the authority of a designated
procurement officer, the applicable designated procurement

SB2400 - 151 - LRB099 20210 MLM 44674 b
officer may declare the related contract void if any
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. A bidder, offeror,
potential contractor, contractor, or subcontractor who makes a
false statement, material to the certification, commits a Class
3 felony.
(Source: P.A. 97-895, eff. 8-3-12; 97-1150, eff. 1-25-13;
98-1076, eff. 1-1-15.)
(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 the purposes of this
subsection (a), "completion of sentence" means completion of
all sentencing requirements related to the felony conviction or
admission and includes, but is not limited to, the following:

SB2400 - 152 - LRB099 20210 MLM 44674 b
incarceration, mandatory supervised release, probation, court
supervision, 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 or, if the procurement is
under the authority of a designated procurement officer, the
applicable designated 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.

SB2400 - 153 - LRB099 20210 MLM 44674 b
(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 or, if the procurement is
under the authority of a designated procurement officer, the
applicable designated 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.

SB2400 - 154 - LRB099 20210 MLM 44674 b
(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

SB2400 - 155 - LRB099 20210 MLM 44674 b
(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 contract solicitation so long as
there is no competitive advantage to the person or business.
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 cost 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

SB2400 - 156 - LRB099 20210 MLM 44674 b
procurement need.
(Source: P.A. 97-895, eff. 8-3-12; 98-1076, eff. 1-1-15.)
(30 ILCS 500/50-11)
Sec. 50-11. Debt delinquency.
(a) No person shall submit a bid or offer for, enter into a
contract or subcontract under this Code, or make a submission
to a vendor portal if that person knows or should know that he
or she or any affiliate is delinquent in the payment of any
debt to the State, unless the person or affiliate has entered
into a deferred payment plan to pay off the debt. For purposes
of this Section, the phrase "delinquent in the payment of any
debt" shall be determined by the Debt Collection Bureau. For
purposes of this Section, the term "affiliate" means any entity
that (1) directly, indirectly, or constructively controls
another entity, (2) is directly, indirectly, or constructively
controlled by another entity, or (3) is subject to the control
of a common entity. For purposes of this subsection (a), a
person controls an entity if the person owns, directly or
individually, more than 10% of the voting securities of that
entity. As used in this subsection (a), the term "voting
security" means a security that (1) confers upon the holder the
right to vote for the election of members of the board of
directors or similar governing body of the business or (2) is
convertible into, or entitles the holder to receive upon its
exercise, a security that confers such a right to vote. A

SB2400 - 157 - LRB099 20210 MLM 44674 b
general partnership interest is a voting security.
(b) Every bid and offer submitted to the State, every
vendor's submission to a vendor portal, every contract executed
by the State 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, respondent, potential
contractor, contractor or the subcontractor and its affiliate
is not barred from being awarded a contract or subcontract
under this Section and acknowledges that the chief procurement
officer or, if the procurement is under the authority of a
designated procurement officer, the applicable designated
procurement officer may 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.
(Source: P.A. 97-895, eff. 8-3-12; 98-1076, eff. 1-1-15.)
(30 ILCS 500/50-12)
Sec. 50-12. Collection and remittance of Illinois Use Tax.
(a) No person shall enter into a contract with a State
agency or enter into a subcontract under this Code unless the

SB2400 - 158 - LRB099 20210 MLM 44674 b
person and all affiliates of the person collect and remit
Illinois Use Tax on all sales of tangible personal property
into the State of Illinois in accordance with the provisions of
the Illinois Use Tax Act regardless of whether the person or
affiliate is a "retailer maintaining a place of business within
this State" as defined in Section 2 of the Use Tax Act. For
purposes of this Section, the term "affiliate" means any entity
that (1) directly, indirectly, or constructively controls
another entity, (2) is directly, indirectly, or constructively
controlled by another entity, or (3) is subject to the control
of a common entity. For purposes of this subsection (a), an
entity controls another entity if it owns, directly or
individually, more than 10% of the voting securities of that
entity. As used in this subsection (a), the term "voting
security" means a security that (1) confers upon the holder the
right to vote for the election of members of the board of
directors or similar governing body of the business or (2) is
convertible into, or entitles the holder to receive upon its
exercise, a security that confers such a right to vote. A
general partnership interest is a voting security.
(b) Every bid and offer submitted to the State, every
submission to a vendor portal, every contract executed by the
State 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, respondent, potential

SB2400 - 159 - LRB099 20210 MLM 44674 b
contractor, contractor, or subcontractor is not barred from
bidding for or entering into a contract under subsection (a) of
this Section and acknowledges that the chief procurement
officer or, if the procurement is under the authority of a
designated procurement officer, the applicable designated
procurement officer may 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.
(Source: P.A. 97-895, eff. 8-3-12; 98-1076, eff. 1-1-15.)
(30 ILCS 500/50-20)
Sec. 50-20. Exemptions. The appropriate chief procurement
officer or, if the procurement is under the authority of a
designated procurement officer, the applicable designated
procurement officer may file a request with the Executive
Ethics Commission to exempt named individuals from the
prohibitions of Section 50-13 when, in his or her judgment, the
public interest in having the individual in the service of the
State outweighs the public policy evidenced in that Section.
The Executive Ethics Commission may grant an exemption after a
public hearing at which any person may present testimony. The

SB2400 - 160 - LRB099 20210 MLM 44674 b
chief procurement officer or, if the procurement is under the
authority of a designated procurement officer, the applicable
designated procurement officer shall publish notice of the
date, time, and location of the hearing in the online
electronic Bulletin at least 14 calendar days prior to the
hearing and provide notice to the individual subject to the
waiver and the Procurement Policy Board. The Executive Ethics
Commission shall also provide public notice of the date, time,
and location of the hearing on its website. If the Commission
grants an exemption, the exemption is effective only if it is
filed with the Secretary of State and the Comptroller prior to
the execution of any contract and includes a statement setting
forth the name of the individual and all the pertinent facts
that would make that Section applicable, setting forth the
reason for the exemption, and declaring the individual exempted
from that Section. Notice of each exemption shall be published
in the Illinois Procurement Bulletin. A contract for which a
waiver has been issued but has not been filed in accordance
with this Section is voidable by the State. The changes to this
Section made by this amendatory Act of the 96th General
Assembly shall apply to exemptions granted on or after its
effective date.
(Source: P.A. 98-1076, eff. 1-1-15.)
(30 ILCS 500/50-21)
Sec. 50-21. Bond issuances.

SB2400 - 161 - LRB099 20210 MLM 44674 b
(a) A State agency shall not enter into a contract with
respect to the issuance of bonds or other securities by the
State or a State agency with any entity that uses an
independent consultant.
As used in this subsection, "independent consultant" means
a person used by the entity to obtain or retain securities
business through direct or indirect communication by the person
with a State official or employee on behalf of the entity when
the communication is undertaken by the person in exchange for
or with the understanding of receiving payment from the entity
or another person. "Independent consultant" does not include
(i) a finance professional employed by the entity or (ii) a
person whose sole basis of compensation from the entity is the
actual provision of legal, accounting, or engineering advice,
services, or assistance in connection with the securities
business that the entity seeks to obtain or retain.
(b) Prior to entering into a contract with a State agency
with respect to the issuance of bonds or other securities by
the State or a State agency, a contracting party subject to the
Municipal Securities Rulemaking Board's Rule G-37, or a
successor rule, shall include a certification that the
contracting entity is and shall remain for the duration of the
contract in compliance with the Rule's requirements for
reporting political contributions. Subsequent failure to
remain in compliance shall make the contract voidable by the
State.

SB2400 - 162 - LRB099 20210 MLM 44674 b
(c) If a federal agency finds that an entity has knowingly
violated in Illinois the Municipal Securities Rulemaking
Board's Rule G-37 (or any successor rule) with respect to the
making of prohibited political contributions or payments, then
the chief procurement officer or, if the procurement is under
the authority of a designated procurement officer, the
applicable designated procurement officer shall impose a
penalty that is at least twice the fine assessed against that
entity by the federal agency. The chief procurement officer or
designated procurement officer shall also bar that entity from
participating in any State agency contract with respect to the
issuance of bonds or other securities for a period of one year.
The one-year period shall begin upon the expiration of any
debarment period imposed by a federal agency. If no debarment
is imposed by a federal agency, then the one-year period shall
begin on the date the chief procurement officer or applicable
designated procurement officer is advised of the violation.
If a federal agency finds that an entity has knowingly
violated in Illinois the Municipal Securities Rulemaking
Board's Rule G-38 (or any successor rule) with respect to the
prohibition on obtaining or retaining municipal securities
business, then the chief procurement officer or applicable
designated procurement officer shall bar that entity from
participating in any State agency contract with respect to the
issuance of bonds or other securities for a period of one year.
The one-year period shall begin upon the expiration of any

SB2400 - 163 - LRB099 20210 MLM 44674 b
debarment period imposed by a federal agency. If no debarment
is imposed by a federal agency, then the one-year period shall
begin on the date the chief procurement officer or designated
procurement officer is advised of the violation.
(d) Nothing in this Section shall be construed to apply
retroactively, but shall apply prospectively on and after the
effective date of this amendatory Act of the 96th General
Assembly.
(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).)
(30 ILCS 500/50-30)
Sec. 50-30. Revolving door prohibition.
(a) Chief procurement officers and designated
procurement officers , State purchasing officers, procurement
compliance monitors, their designees whose principal duties
are directly related to State procurement, and executive
officers confirmed by the Senate are expressly prohibited for a
period of 2 years after terminating an affected position from
engaging in any procurement activity relating to the State
agency most recently employing them in an affected position for
a period of at least 6 months. The prohibition includes but is
not limited to: lobbying the procurement process; specifying;
bidding; proposing bid, proposal, or contract documents; on
their own behalf or on behalf of any firm, partnership,
association, or corporation. This subsection applies only to

SB2400 - 164 - LRB099 20210 MLM 44674 b
persons who terminate an affected position on or after January
15, 1999.
(b) In addition to any other provisions of this Code,
employment of former State employees is subject to the State
Officials and Employees Ethics Act.
(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 500/50-35)
Sec. 50-35. Financial disclosure and potential conflicts
of interest.
(a) All bids and offers from responsive bidders, offerors,
vendors, or contractors with an annual value of more than
$50,000, and all submissions to a vendor portal, shall be
accompanied by disclosure of the financial interests of the
bidder, offeror, potential contractor, or contractor 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, offeror,
potential contractor, or contractor 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 or, if the procurement is under the

SB2400 - 165 - LRB099 20210 MLM 44674 b
authority of a designated procurement officer, the applicable
designated 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,
offeror, potential contractor, contractor, or subcontractor,
and must be filed with the Procurement Policy Board.
(b) Disclosure shall be made by include any individual with
an ownership or distributive income share that is in excess of
5%, or an amount greater than 60% of the annual salary of the
Governor, of the disclosing entity or its parent entity,
whichever is less, unless the bidder, offeror, potential
contractor, contractor, 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 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 a direct 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 or, if
the procurement is under the authority of a designated
procurement officer, the applicable designated procurement
officer and must include at least the names and , addresses,
and dollar or proportionate share of ownership of each person

SB2400 - 166 - LRB099 20210 MLM 44674 b
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 individual identified in this Section
having in addition any of the following relationships for each
person or entity so identified:
(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
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

SB2400 - 167 - LRB099 20210 MLM 44674 b
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
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, offeror, potential contractor, contractor, or

SB2400 - 168 - LRB099 20210 MLM 44674 b
subcontractor 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: suspension or debarment from contracting
with any governmental entity; professional licensure
discipline; bankruptcies; adverse civil judgments and
administrative 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, designated procurement State purchasing
officers, their designees, and executive officers so they may
adequately discharge their duty to protect the State.
(d) When a relationship or interest reported pursuant to
this Section could reasonably be perceived as unfairly or

SB2400 - 169 - LRB099 20210 MLM 44674 b
unduly influencing the award of a contract, potential for a
conflict of interest is identified, discovered, or reasonably
suspected, the chief procurement officer or, if the procurement
is under the authority of a designated procurement officer, the
applicable designated 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 bidder,
offeror, potential contractor, contractor, or subcontractor,
the Board shall provide written notice to the bidder, offeror,
potential contractor, contractor, or subcontractor that is
identified, discovered, or reasonably suspected of having a
potential conflict of interest. The bidder, offeror, potential
contractor, contractor, or subcontractor shall have 15
calendar days to respond in writing to the Board, and a hearing
before the Board will be granted upon request by the bidder,
offeror, potential contractor, contractor, or subcontractor,
at a date and time to be determined by the Board, but which in
no event shall occur later than 15 calendar days after the date
of the 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
may must hold a public hearing within 30 calendar days after

SB2400 - 170 - LRB099 20210 MLM 44674 b
receiving the chief procurement officer's or designated
procurement officer's Board's recommendation if the chief
procurement officer or applicable designated procurement
officer 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, offeror, or potential contractor. 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, designated procurement officers the
State purchasing officer, or their designees from reasonable
care and diligence for any contract, bid, offer, or submission
to a vendor portal. The chief procurement officer, the
designated procurement officers 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, offer, proposal, subcontract,
or relationship voidable by the chief procurement officer or,
if the procurement is under the authority of a designated
procurement officer, the applicable designated procurement

SB2400 - 171 - LRB099 20210 MLM 44674 b
officer if he or 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, offers, 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, offer, proposal, subcontract,
or relationship voidable by the chief procurement officer or,
if the procurement is under the authority of a designated
procurement officer, the applicable designated 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, offers, 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
or designated 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, bids, offers, proposals,
subcontracts, leases, or other ongoing procurement
relationships the bidder, offeror, potential contractor,
contractor, or subcontractor has with any other unit of State

SB2400 - 172 - LRB099 20210 MLM 44674 b
government and shall clearly identify the unit and the
contract, offer, proposal, lease, or other relationship.
(i) (Blank). The bidder, offeror, potential contractor, or
contractor has a continuing obligation to supplement the
disclosure required by this Section throughout the bidding
process during the term of any contract, and during the vendor
portal registration process.
(Source: P.A. 97-490, eff. 8-22-11; 97-895, eff. 8-3-12;
98-1076, eff. 1-1-15.)
(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.

SB2400 - 173 - LRB099 20210 MLM 44674 b
"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,
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 or offer 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 any of its
corporate parents or subsidiaries, within the 24 months before
submission of the bid or offer 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

SB2400 - 174 - LRB099 20210 MLM 44674 b
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
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 or offer that does not include the disclosure
required by subsection (b) may be given a period after the bid
or offer is submitted to cure non-disclosure. The A chief
procurement officer or, if the procurement is under the
authority of a designated procurement officer, the applicable
designated procurement officer may consider the disclosure
when evaluating the bid or offer or awarding the contract.

SB2400 - 175 - LRB099 20210 MLM 44674 b
(d) The Each chief procurement officer or, if the
procurement is under the authority of a designated procurement
officer, the applicable designated 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. 98-1076, eff. 1-1-15.)
(30 ILCS 500/50-37)
Sec. 50-37. Prohibition of political contributions.
(a) As used in this Section:
The terms "contract", "State contract", and "contract
with a State agency" each mean any contract, as defined in
this Code, between a business entity and a State agency let
or awarded pursuant to this Code. The terms "contract",
"State contract", and "contract with a State agency" do not
include cost reimbursement contracts; purchase of care
agreements as defined in Section 1-15.68 of this Code;
contracts for projects eligible for full or partial
federal-aid funding reimbursements authorized by the
Federal Highway Administration; grants, including but are
not limited to grants for job training or transportation;
and grants, loans, or tax credit agreements for economic
development purposes.
"Contribution" means a contribution as defined in

SB2400 - 176 - LRB099 20210 MLM 44674 b
Section 9-1.4 of the Election Code.
"Declared candidate" means a person who has filed a
statement of candidacy and petition for nomination or
election in the principal office of the State Board of
Elections.
"State agency" means and includes all boards,
commissions, agencies, institutions, authorities, and
bodies politic and corporate of the State, created by or in
accordance with the Illinois Constitution or State
statute, of the executive branch of State government and
does include colleges, universities, public employee
retirement systems, and institutions under the
jurisdiction of the governing boards of the University of
Illinois, Southern Illinois University, Illinois State
University, Eastern Illinois University, Northern Illinois
University, Western Illinois University, Chicago State
University, Governors State University, Northeastern
Illinois University, and the Illinois Board of Higher
Education.
"Officeholder" means the Governor, Lieutenant
Governor, Attorney General, Secretary of State,
Comptroller, or Treasurer. The Governor shall be
considered the officeholder responsible for awarding all
contracts by all officers and employees of, and potential
contractors and others doing business with, executive
branch State agencies under the jurisdiction of the

SB2400 - 177 - LRB099 20210 MLM 44674 b
Executive Ethics Commission and not within the
jurisdiction of the Attorney General, the Secretary of
State, the Comptroller, or the Treasurer.
"Sponsoring entity" means a sponsoring entity as
defined in Section 9-3 of the Election Code.
"Affiliated person" means (i) any person with any
ownership interest or distributive share of the bidding or
contracting business entity in excess of 7.5%, (ii)
executive employees of the bidding or contracting business
entity, and (iii) the spouse of any such persons.
"Affiliated person" does not include a person prohibited by
federal law from making contributions or expenditures in
connection with a federal, state, or local election.
"Affiliated entity" means (i) any corporate parent and
each operating subsidiary of the bidding or contracting
business entity, (ii) each operating subsidiary of the
corporate parent of the bidding or contracting business
entity, (iii) any organization recognized by the United
States Internal Revenue Service as a tax-exempt
organization described in Section 501(c) of the Internal
Revenue Code of 1986 (or any successor provision of federal
tax law) established by the bidding or contracting business
entity, any affiliated entity of that business entity, or
any affiliated person of that business entity, or (iv) any
political committee for which the bidding or contracting
business entity, or any 501(c) organization described in

SB2400 - 178 - LRB099 20210 MLM 44674 b
item (iii) related to that business entity, is the
sponsoring entity. "Affiliated entity" does not include an
entity prohibited by federal law from making contributions
or expenditures in connection with a federal, state, or
local election.
"Business entity" means any entity doing business for
profit, whether organized as a corporation, partnership,
sole proprietorship, limited liability company or
partnership, or otherwise.
"Executive employee" means (i) the President,
Chairman, or Chief Executive Officer of a business entity
and any other individual that fulfills equivalent duties as
the President, Chairman of the Board, or Chief Executive
Officer of a business entity; and (ii) any employee of a
business entity whose compensation is determined directly,
in whole or in part, by the award or payment of contracts
by a State agency to the entity employing the employee. A
regular salary that is paid irrespective of the award or
payment of a contract with a State agency shall not
constitute "compensation" under item (ii) of this
definition. "Executive employee" does not include any
person prohibited by federal law from making contributions
or expenditures in connection with a federal, state, or
local election.
(b) Any business entity whose contracts with State
agencies, in the aggregate, annually total more than $50,000,

SB2400 - 179 - LRB099 20210 MLM 44674 b
and any affiliated entities or affiliated persons of such
business entity, are prohibited from making any contributions
to any political committees established to promote the
candidacy of (i) the officeholder responsible for awarding the
contracts or (ii) any other declared candidate for that office.
This prohibition shall be effective 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.
(c) Any business entity whose aggregate pending bids and
offers on State contracts total more than $50,000, or whose
aggregate pending bids and offers on State contracts combined
with the business entity's aggregate annual total value of
State contracts exceed $50,000, and any affiliated entities or
affiliated persons of such business entity, are prohibited from
making any contributions to any political committee
established to promote the candidacy of the officeholder
responsible for awarding the contract on which the business
entity has submitted a bid or offer during the period beginning
on the date the invitation for bids, request for proposals, or
any other procurement opportunity is issued and ending on the
day after the date the contract is awarded.
(c-5) For the purposes of the prohibitions under
subsections (b) and (c) of this Section, (i) any contribution
made to a political committee established to promote the
candidacy of the Governor or a declared candidate for the

SB2400 - 180 - LRB099 20210 MLM 44674 b
office of Governor shall also be considered as having been made
to a political committee established to promote the candidacy
of the Lieutenant Governor, in the case of the Governor, or the
declared candidate for Lieutenant Governor having filed a joint
petition, or write-in declaration of intent, with the declared
candidate for Governor, as applicable, and (ii) any
contribution made to a political committee established to
promote the candidacy of the Lieutenant Governor or a declared
candidate for the office of Lieutenant Governor shall also be
considered as having been made to a political committee
established to promote the candidacy of the Governor, in the
case of the Lieutenant Governor, or the declared candidate for
Governor having filed a joint petition, or write-in declaration
of intent, with the declared candidate for Lieutenant Governor,
as applicable.
(d) All contracts between State agencies and a business
entity that violate subsection (b) or (c) shall be voidable
under Section 50-60. If a business entity violates subsection
(b) 3 or more times within a 36-month period, then all
contracts between State agencies and that business entity shall
be void, and that business entity shall not bid or respond to
any invitation to bid or request for proposals from any State
agency or otherwise enter into any contract with any State
agency for 3 years from the date of the last violation. A
notice of each violation and the penalty imposed shall be
published in both the Procurement Bulletin and the Illinois

SB2400 - 181 - LRB099 20210 MLM 44674 b
Register.
(e) Any political committee that has received a
contribution in violation of subsection (b) or (c) shall pay an
amount equal to the value of the contribution to the State no
more than 30 calendar days after notice of the violation
concerning the contribution appears in the Illinois Register.
Payments received by the State pursuant to this subsection
shall be deposited into the general revenue fund.
(Source: P.A. 97-411, eff. 8-16-11; 98-1076, eff. 1-1-15.)
(30 ILCS 500/50-38)
Sec. 50-38. Lobbying restrictions.
(a) A person or business that is let or awarded a contract
is not entitled to receive any payment, compensation, or other
remuneration from the State to compensate the person or
business for any expenses related to travel, lodging, or meals
that are paid by the person or business to any officer, agent,
employee, consultant, independent contractor, director,
partner, manager, or shareholder.
(b) Any bidder, offeror, potential contractor, or
contractor on a State contract that hires a person required to
register under the Lobbyist Registration Act to assist in
obtaining a contract shall (i) disclose all costs, fees,
compensation, reimbursements, and other remunerations paid or
to be paid to the lobbyist related to the contract, (ii) not
bill or otherwise cause the State of Illinois to pay for any of

SB2400 - 182 - LRB099 20210 MLM 44674 b
the lobbyist's costs, fees, compensation, reimbursements, or
other remuneration, and (iii) sign a verification certifying
that none of the lobbyist's costs, fees, compensation,
reimbursements, or other remuneration were billed to the State.
This information, along with all supporting documents, shall be
filed with the agency awarding the contract and with the
Secretary of State. The chief procurement officer or, if the
procurement is under the authority of a designated procurement
officer, the applicable designated procurement officer shall
post this information, together with the contract award notice,
in the appropriate volume of the Illinois online Procurement
Bulletin.
(c) Ban on contingency fee. No person or entity shall
retain a person or entity required to register under the
Lobbyist Registration Act to attempt to influence the outcome
of a procurement decision made under this Code for compensation
contingent in whole or in part upon the decision or
procurement. Any person who violates this subsection is guilty
of a business offense and shall be fined not more than $10,000.
(Source: P.A. 98-1076, eff. 1-1-15.)
(30 ILCS 500/50-40)
Sec. 50-40. Reporting anticompetitive practices. When, for
any reason, any vendor, bidder, offeror, potential contractor,
contractor, chief procurement officer, designated procurement
State purchasing officer, designee, elected official, or State

SB2400 - 183 - LRB099 20210 MLM 44674 b
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 Attorney General and
the chief procurement officer or applicable designated
procurement officer.
(Source: P.A. 98-1076, eff. 1-1-15.)
(30 ILCS 500/50-45)
Sec. 50-45. Confidentiality. If the Any chief procurement
officer, designated procurement officers State purchasing
officer, their designees designee, or executive officers
officer 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 he or she 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 500/50-60)
Sec. 50-60. Voidable contracts.
(a) If any contract or amendment thereto is entered into or
purchase or expenditure of funds is made at any time in

SB2400 - 184 - LRB099 20210 MLM 44674 b
violation of this Code or any other law, the contract or
amendment thereto may be declared void by the chief procurement
officer or, if the procurement is under the authority of a
designated procurement officer, the applicable designated
procurement officer or may be ratified and affirmed, provided
the chief procurement officer or applicable designated
procurement officer determines that ratification is in the best
interests of the State. If the contract is ratified and
affirmed, it shall be without prejudice to the State's rights
to any appropriate damages.
(b) If, during the term of a contract, the chief
procurement officer or, if the procurement is under the
authority of a designated procurement officer, the applicable
designated procurement officer determines that the contractor
is delinquent in the payment of debt as set forth in Section
50-11 of this Code, the chief procurement officer or applicable
designated procurement officer may declare the contract void if
it determines that voiding the contract is in the best
interests of the State. The Debt Collection Bureau shall adopt
rules for the implementation of this subsection (b).
(c) If, during the term of a contract, the chief
procurement officer or, if the procurement is under the
authority of a designated procurement officer, the applicable
designated procurement officer determines that the contractor
is in violation of Section 50-10.5 of this Code, the chief
procurement officer or applicable designated procurement

SB2400 - 185 - LRB099 20210 MLM 44674 b
officer shall declare the contract void.
(d) If, during the term of a contract, the contracting
agency learns from an annual certification or otherwise
determines that the contractor no longer qualifies to enter
into State contracts by reason of Section 50-5, 50-10, 50-12,
50-14, or 50-14.5 of this Article, the chief procurement
officer or, if the procurement is under the authority of a
designated procurement officer, the applicable designated
procurement officer may declare the contract void if it
determines that voiding the contract is in the best interests
of the State.
(e) If, during the term of a contract, the chief
procurement officer or, if the procurement is under the
authority of a designated procurement officer, the applicable
designated procurement officer learns from an annual
certification or otherwise determines that a subcontractor
subject to Section 20-120 no longer qualifies to enter into
State contracts by reason of Section 50-5, 50-10, 50-10.5,
50-11, 50-12, 50-14, or 50-14.5 of this Article, the chief
procurement officer or, if the procurement is under the
authority of a designated procurement officer, the applicable
designated procurement officer may declare the related
contract void if it determines that voiding the contract is in
the best interests of the State. However, the related contract
shall not be declared void unless the contractor refuses to
terminate the subcontract upon the State's request after a

SB2400 - 186 - LRB099 20210 MLM 44674 b
finding that the subcontractor no longer qualifies to enter
into State contracts by reason of one of the Sections listed in
this subsection.
(f) The changes to this Section made by Public Act 96-795
apply to actions taken by the chief procurement officer or, if
the procurement is under the authority of a designated
procurement officer, the applicable designated procurement
officer on or after July 1, 2010.
(Source: P.A. 96-493, eff. 1-1-10; 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); 96-1000, eff. 7-2-10; 97-895, eff. 8-3-12.)
(30 ILCS 500/50-65)
Sec. 50-65. Suspension. Any contractor or subcontractor
may be suspended for violation of this Code or for failure to
conform to specifications or terms of delivery. Suspension
shall be for cause and may be for a period of up to 10 years at
the discretion of the applicable chief procurement officer or,
if the procurement is under the authority of a designated
procurement officer, the applicable designated procurement
officer. Contractors or subcontractors may be debarred in
accordance with rules promulgated by the chief procurement
officer or as otherwise provided by law.
(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).)

SB2400 - 187 - LRB099 20210 MLM 44674 b
(30 ILCS 500/50-75)
Sec. 50-75. Other violations.
(a) If the Any chief procurement officer, designated
procurement officers State purchasing officer, or their
designees designee who willfully violates or allows the
violation of this Code he or she shall be subject to immediate
dismissal, regardless of the Personnel Code, any contract, or
any collective bargaining agreement.
(b) Except as otherwise provided in this Code, whoever
violates this Code or the rules promulgated under it is guilty
of a Class A misdemeanor.
(Source: P.A. 90-572, eff. 2-6-98.)
(30 ILCS 500/50-80 new)
Sec. 50-80. Audits. The Auditor General shall perform, no
less frequently than biennially, separate performance audits,
as the term is defined in Section 1-14 of the Illinois State
Auditing Act, of the procurements under the authority of the
chief procurement officer and each designated procurement
officer to assess whether sound procurement practices are being
followed. Additionally, the Auditor General may, at any time,
review a specific procurement or category of procurements to
ensure compliance with this Code.
(30 ILCS 500/1-15.13 rep.)
(30 ILCS 500/1-15.105 rep.)

SB2400 - 188 - LRB099 20210 MLM 44674 b
(30 ILCS 500/5-25 rep.)
(30 ILCS 500/5-30 rep.)
(30 ILCS 500/10-10 rep.)
(30 ILCS 500/10-15 rep.)
(30 ILCS 500/10-20 rep.)
(30 ILCS 500/20-5 rep.)
(30 ILCS 500/20-150 rep.)
(30 ILCS 500/25-10 rep.)
(30 ILCS 500/25-200 rep.)
(30 ILCS 500/35-150 rep.)
(30 ILCS 500/40-10 rep.)
(30 ILCS 500/40-150 rep.)
(30 ILCS 500/50-39 rep.)
(30 ILCS 500/53-150 rep.)
Section 25. The Illinois Procurement Code is amended by
repealing Sections 1-15.13, 1-15.105, 5-25, 5-30, 10-10,
10-15, 10-20, 20-5, 20-150, 25-10, 25-200, 35-150, 40-10,
40-150, 50-39, and 53-150.
Section 30. The Architectural, Engineering, and Land
Surveying Qualifications Based Selection Act is amended by
changing Section 45 as follows:
(30 ILCS 535/45) (from Ch. 127, par. 4151-45)
Sec. 45. Small contracts. The provisions of Sections 25,
30, and 35 do not apply to architectural, engineering, and land

SB2400 - 189 - LRB099 20210 MLM 44674 b
surveying contracts with an estimated basic professional
services fee of less than $75,000 $25,000.
(Source: P.A. 92-861, eff. 1-3-03.)
Section 35. The Criminal Code of 2012 is amended by
changing Sections 33E-2 and 33E-9 as follows:
(720 ILCS 5/33E-2) (from Ch. 38, par. 33E-2)
Sec. 33E-2. Definitions. In this Act:
(a) "Public contract" means any contract for goods,
services or construction let to any person with or without bid
by any unit of State or local government.
(b) "Unit of State or local government" means the State,
any unit of state government or agency thereof, any county or
municipal government or committee or agency thereof, or any
other entity which is funded by or expends tax dollars or the
proceeds of publicly guaranteed bonds.
(c) "Change order" means a change in a contract term other
than as specifically provided for in the contract which
authorizes or necessitates any increase or decrease in the cost
of the contract or the time to completion.
(d) "Person" means any individual, firm, partnership,
corporation, joint venture or other entity, but does not
include a unit of State or local government.
(e) "Person employed by any unit of State or local
government" means any employee of a unit of State or local

SB2400 - 190 - LRB099 20210 MLM 44674 b
government and any person defined in subsection (d) who is
authorized by such unit of State or local government to act on
its behalf in relation to any public contract.
(f) "Sheltered market" has the meaning ascribed to it in
Section 8b of the Business Enterprise for Minorities, Females,
and Persons with Disabilities Act; except that, with respect to
State contracts set aside for award to service-disabled
veteran-owned small businesses and veteran-owned small
businesses pursuant to Section 45-57 of the Illinois
Procurement Code, "sheltered market" means procurements
pursuant to that Section.
(g) "Kickback" means any money, fee, commission, credit,
gift, gratuity, thing of value, or compensation of any kind
which is provided, directly or indirectly, to any prime
contractor, prime contractor employee, subcontractor, or
subcontractor employee for the purpose of improperly obtaining
or rewarding favorable treatment in connection with a prime
contract or in connection with a subcontract relating to a
prime contract.
(h) "Prime contractor" means any person who has entered
into a public contract.
(i) "Prime contractor employee" means any officer,
partner, employee, or agent of a prime contractor.
(i-5) "Stringing" means knowingly structuring a contract
or job order to avoid the contract or job order being subject
to competitive bidding requirements.

SB2400 - 191 - LRB099 20210 MLM 44674 b
(j) "Subcontract" means a contract or contractual action
entered into by a prime contractor or subcontractor for the
purpose of obtaining goods or services of any kind under a
prime contract.
(k) "Subcontractor" (1) means any person, other than the
prime contractor, who offers to furnish or furnishes any goods
or services of any kind under a prime contract or a subcontract
entered into in connection with such prime contract; and (2)
includes any person who offers to furnish or furnishes goods or
services to the prime contractor or a higher tier
subcontractor.
(l) "Subcontractor employee" means any officer, partner,
employee, or agent of a subcontractor.
(Source: P.A. 97-260, eff. 8-5-11.)
(720 ILCS 5/33E-9) (from Ch. 38, par. 33E-9)
Sec. 33E-9. Change orders. Any change order authorized
under this Section shall be made in writing. Any person
employed by and authorized by any unit of State or local
government to approve a change order to any public contract who
knowingly grants that approval without first obtaining from the
unit of State or local government on whose behalf the contract
was signed, or from a designee authorized by that unit of State
or local government, a determination in writing that (1) the
circumstances said to necessitate the change in performance
were not reasonably foreseeable at the time the contract was

SB2400 - 192 - LRB099 20210 MLM 44674 b
signed, or (2) the change is germane to the original contract
as signed, or (3) the change order is in the best interest of
the unit of State or local government and authorized by law,
commits a Class 4 felony. The written determination and the
written change order resulting from that determination shall be
preserved in the contract's file which shall be open to the
public for inspection. This Section shall only apply to a
change order or series of change orders which authorize or
necessitate an increase or decrease in either the cost of a
public contract by a total of $50,000 $10,000 or more or the
time of completion by a total of 90 30 days or more.
(Source: P.A. 86-150; 87-618.)
Section 40. 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

SB2400 - 193 - LRB099 20210 MLM 44674 b
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) Domestic servants in private homes;
(b) Individuals employed by persons who are not
"employers" as defined by this Act;

SB2400 - 194 - LRB099 20210 MLM 44674 b
(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

SB2400 - 195 - LRB099 20210 MLM 44674 b
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

SB2400 - 196 - LRB099 20210 MLM 44674 b
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.

SB2400 - 197 - LRB099 20210 MLM 44674 b
(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 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

SB2400 - 198 - LRB099 20210 MLM 44674 b
or hereafter amended.
(Source: P.A. 98-1037, eff. 1-1-15; 98-1050, eff. 1-1-15;
99-78, eff. 7-20-15.)
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 January
1, 2017.
SB2400 - 199 - LRB099 20210 MLM 44674 b
INDEX
Statutes amended in order of appearance
5 ILCS 350/1 from Ch. 127, par. 1301
20 ILCS 5/5-115 was 20 ILCS 5/5.13e
30 ILCS 5/3-2 from Ch. 15, par. 303-2
30 ILCS 5/3-3 from Ch. 15, par. 303-3
30 ILCS 500/1-5
30 ILCS 500/1-10
30 ILCS 500/1-12
30 ILCS 500/1-13
30 ILCS 500/1-13.1 new
30 ILCS 500/1-15.12
30 ILCS 500/1-15.15
30 ILCS 500/1-15.20
30 ILCS 500/1-15.38 new
30 ILCS 500/1-15.47 new
30 ILCS 500/1-15.56 new
30 ILCS 500/1-15.70
30 ILCS 500/1-15.74 new
30 ILCS 500/1-15.107
30 ILCS 500/1-15.108
30 ILCS 500/5-5
30 ILCS 500/10-5
30 ILCS 500/10-6 new
30 ILCS 500/15-1
SB2400 - 200 - LRB099 20210 MLM 44674 b
30 ILCS 500/15-20
30 ILCS 500/15-25
30 ILCS 500/15-30
30 ILCS 500/15-35
30 ILCS 500/15-36 new
30 ILCS 500/20-10
30 ILCS 500/20-16 new
30 ILCS 500/20-20
30 ILCS 500/20-25
30 ILCS 500/20-30
30 ILCS 500/20-35
30 ILCS 500/20-43
30 ILCS 500/20-45
30 ILCS 500/20-50
30 ILCS 500/20-51 new
30 ILCS 500/20-55
30 ILCS 500/20-60
30 ILCS 500/20-65
30 ILCS 500/20-70
30 ILCS 500/20-75
30 ILCS 500/20-80
30 ILCS 500/20-85
30 ILCS 500/20-110
30 ILCS 500/20-120
30 ILCS 500/20-155
30 ILCS 500/20-160
SB2400 - 201 - LRB099 20210 MLM 44674 b
30 ILCS 500/25-15
30 ILCS 500/25-30
30 ILCS 500/25-35
30 ILCS 500/25-45
30 ILCS 500/25-65
30 ILCS 500/25-81 new
30 ILCS 500/30-35
30 ILCS 500/35-5
30 ILCS 500/35-10
30 ILCS 500/35-15
30 ILCS 500/35-20
30 ILCS 500/35-25
30 ILCS 500/35-30
30 ILCS 500/35-35
30 ILCS 500/35-40
30 ILCS 500/40-15
30 ILCS 500/40-20
30 ILCS 500/40-25
30 ILCS 500/40-30
30 ILCS 500/40-35
30 ILCS 500/40-55
30 ILCS 500/45-10
30 ILCS 500/45-15
30 ILCS 500/45-30
30 ILCS 500/45-35
30 ILCS 500/45-40
SB2400 - 202 - LRB099 20210 MLM 44674 b
30 ILCS 500/45-45
30 ILCS 500/45-57
30 ILCS 500/45-67
30 ILCS 500/45-70
30 ILCS 500/50-1
30 ILCS 500/50-2
30 ILCS 500/50-5
30 ILCS 500/50-10
30 ILCS 500/50-10.5
30 ILCS 500/50-11
30 ILCS 500/50-12
30 ILCS 500/50-20
30 ILCS 500/50-21
30 ILCS 500/50-30
30 ILCS 500/50-35
30 ILCS 500/50-36
30 ILCS 500/50-37
30 ILCS 500/50-38
30 ILCS 500/50-40
30 ILCS 500/50-45
30 ILCS 500/50-60
30 ILCS 500/50-65
30 ILCS 500/50-75
30 ILCS 500/50-80 new
30 ILCS 500/1-15.13 rep.
30 ILCS 500/1-15.105 rep.
SB2400 - 203 - LRB099 20210 MLM 44674 b