Bill Text: IL SB3511 | 2011-2012 | 97th General Assembly | Introduced

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Bill Title: Amends the Illinois Procurement Code. Provides that the Procurement Policy Board shall provide written notice of an alleged conflict of interest to the contractor. Provides that the contractor shall have 30 days to provide a written response to the notice and may request a hearing before the Board. Provides that a State contract may be awarded as a sole source procurement unless a vendor requests a public hearing (rather than, a State contract may not be awarded as a sole source procurement unless approved by the chief procurement officer following a public hearing). Provides that a State contract shall include the general type of work to be performed by all known subcontractors (rather than the expected amount of money the subcontractor will receive under the contract). Provides that the chief procurement officer shall verify the status of a business entity's certificate of registration with the State Board of Elections through the Board's website (rather than, a copy of the certificate of registration must accompany any bid or proposal). Provides that, for certain certifications required for State contracts, if a false certification is made by a subcontractor, the contractor's submitted bid and contract may not be declared void, unless the contractor refuses to terminate the subcontract. Makes changes to a provision concerning procurement communications reporting requirements. Effective immediately.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2013-01-08 - Session Sine Die [SB3511 Detail]

Download: Illinois-2011-SB3511-Introduced.html

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97TH GENERAL ASSEMBLY State of Illinois 2011 and 2012 SB3511 Introduced 2/8/2012, by Sen. Pamela J. Althoff SYNOPSIS AS INTRODUCED:
See Index
Amends the Illinois Procurement Code. Provides that the Procurement Policy Board shall provide written notice of an alleged conflict of interest to the contractor. Provides that the contractor shall have 30 days to provide a written response to the notice and may request a hearing before the Board. Provides that a State contract may be awarded as a sole source procurement unless a vendor requests a public hearing (rather than, a State contract may not be awarded as a sole source procurement unless approved by the chief procurement officer following a public hearing). Provides that a State contract shall include the general type of work to be performed by all known subcontractors (rather than the expected amount of money the subcontractor will receive under the contract). Provides that the chief procurement officer shall verify the status of a business entity's certificate of registration with the State Board of Elections through the Board's website (rather than, a copy of the certificate of registration must accompany any bid or proposal). Provides that, for certain certifications required for State contracts, if a false certification is made by a subcontractor, the contractor's submitted bid and contract may not be declared void, unless the contractor refuses to terminate the subcontract. Makes changes to a provision concerning procurement communications reporting requirements. Effective immediately.
LRB097 16801 PJG 61981 b
FISCAL NOTE ACT MAY APPLY
A BILL FOR
SB3511 LRB097 16801 PJG 61981 b
AN ACT concerning finance.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Procurement Code is amended by
changing Sections 1-15.107, 1-15.108, 5-5, 20-10, 20-25,
20-120, 20-155, 20-160, 50-5, 50-10, 50-10.5, 50-11, 50-12,
50-14, 50-35, 50-39, and 50-60 as follows:
(30 ILCS 500/1-15.107)
Sec. 1-15.107. Subcontract. "Subcontract" means a contract
between a person and a person who has or is seeking a contract
subject to this Code, pursuant to which the subcontractor
provides to the contractor or 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 includes, among other things, subleases
from a lessee of a State agency.
(Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793
for the effective date of P.A. 96-795).)
(30 ILCS 500/1-15.108)
Sec. 1-15.108. Subcontractor. "Subcontractor" means a
person or entity that enters into a contractual agreement with
a total value of $25,000 or more with a person or entity who

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has or is seeking a contract subject to this Code pursuant to
which the person or entity provides some or all of the goods,
services, real property, remuneration, or other monetary forms
of consideration that are the subject of the primary State
contract, including subleases from a lessee of a State
contract.
(Source: P.A. 96-920, eff. 7-1-10.)
(30 ILCS 500/5-5)
Sec. 5-5. Procurement Policy Board.
(a) Creation. There is created a Procurement Policy Board,
an agency of the State of Illinois.
(b) Authority and duties. The Board shall have the
authority and responsibility to review, comment upon, and
recommend, consistent with this Code, rules and practices
governing the procurement, management, control, and disposal
of supplies, services, professional or artistic services,
construction, and real property and capital improvement leases
procured by the State. The Board shall also have the authority
to recommend a program for professional development and provide
opportunities for training in procurement practices and
policies to chief procurement officers and their staffs in
order to ensure that all procurement is conducted in an
efficient, professional, and appropriately transparent manner.
Upon a three-fifths vote of its members, the Board may
review a contract. Upon a three-fifths vote of its members, the

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Board may propose procurement rules for consideration by chief
procurement officers. These proposals shall be published in
each volume of the Procurement Bulletin. Except as otherwise
provided by law, the Board shall act upon the vote of a
majority of its members who have been appointed and are
serving.
(b-5) Reviews, studies, and hearings. The Board may review,
study, and hold public hearings concerning the implementation
and administration of this Code. Each chief procurement
officer, State purchasing officer, procurement compliance
monitor, and State agency shall cooperate with the Board,
provide information to the Board, and be responsive to the
Board in the Board's conduct of its reviews, studies, and
hearings.
(c) Members. The Board shall consist of 5 members appointed
one each by the 4 legislative leaders and the Governor. Each
member shall have demonstrated sufficient business or
professional experience in the area of procurement to perform
the functions of the Board. No member may be a member of the
General Assembly.
(d) Terms. Of the initial appointees, the Governor shall
designate one member, as Chairman, to serve a one-year term,
the President of the Senate and the Speaker of the House shall
each appoint one member to serve 3-year terms, and the Minority
Leader of the House and the Minority Leader of the Senate shall
each appoint one member to serve 2-year terms. Subsequent terms

SB3511 - 4 - LRB097 16801 PJG 61981 b
shall be 4 years. Members may be reappointed for succeeding
terms.
(e) Reimbursement. Members shall receive no compensation
but shall be reimbursed for any expenses reasonably incurred in
the performance of their duties.
(f) Staff support. Upon a three-fifths vote of its members,
the Board may employ an executive director. Subject to
appropriation, the Board also may employ a reasonable and
necessary number of staff persons.
(g) Meetings. Meetings of the Board may be conducted
telephonically, electronically, or through the use of other
telecommunications. Written minutes of such meetings shall be
created and available for public inspection and copying.
(h) Procurement recommendations. Upon a three-fifths vote
of its members, the Board may review a proposal, bid, or
contract and issue a recommendation to void a contract or
reject a proposal or bid based on any violation of this Code or
the existence of a conflict of interest as described in
subsections (b) and (d) of Section 50-35. A chief procurement
officer or State purchasing officer shall notify the Board if
an alleged a conflict of interest is identified, discovered, or
reasonably suspected to exist. Any person or entity may notify
the Board of an alleged a conflict of interest. Upon receipt of
a notice of suspected violation or conflict of interest, the
Board shall provide written notice of the alleged violation to
the contractor or subcontractor on that contract. If the

SB3511 - 5 - LRB097 16801 PJG 61981 b
alleged violation is by the subcontractor, written notice shall
also be provided to the contractor. The contractor or
subcontractor shall have 30 days to provide a written response
to the notice, and a hearing before the Board on the alleged
violation shall be held upon request by the contractor or
subcontractor. A recommendation of the Board shall be delivered
to the appropriate chief procurement officer and Executive
Ethics Commission within 5 days and must be published in the
next volume of the Procurement Bulletin.
(i) After providing notice and a hearing as required by
subsection (h), the 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.
(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 500/20-10)
(Text of Section from P.A. 96-159, 96-588, 97-96, and
97-198)
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

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material contractual terms and conditions applicable to the
procurement.
(c) Public notice. Public notice of the invitation for bids
shall be published in the Illinois Procurement Bulletin at
least 14 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,
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

SB3511 - 7 - LRB097 16801 PJG 61981 b
award, or cancellation of awards of contracts based on bid
mistakes, shall be permitted in accordance with rules. After
bid opening, no changes in bid prices or other provisions of
bids prejudicial to the interest of the State or fair
competition shall be permitted. All decisions to permit the
correction or withdrawal of bids based on bid mistakes shall be
supported by written determination made by a State purchasing
officer.
(g) Award. The contract shall be awarded with reasonable
promptness by written notice to the lowest responsible and
responsive bidder whose bid meets the requirements and criteria
set forth in the invitation for bids, except when a State
purchasing officer determines it is not in the best interest of
the State and by written explanation determines another bidder
shall receive the award. The explanation shall appear in the
appropriate volume of the Illinois Procurement Bulletin. The
written explanation must include:
(1) a description of the agency's needs;
(2) a determination that the anticipated cost will be
fair and reasonable;
(3) a listing of all responsible and responsive
bidders; and
(4) the name of the bidder selected, the total contract
price, and the reasons for selecting that bidder.
Each chief procurement officer may adopt guidelines to
implement the requirements of this subsection (g).

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The written explanation shall be filed with the Legislative
Audit Commission and the Procurement Policy Board and be made
available for inspection by the public within 30 days after the
agency's decision to award the contract.
(h) Multi-step sealed bidding. When it is considered
impracticable to initially prepare a purchase description to
support an award based on price, an invitation for bids may be
issued requesting the submission of unpriced offers to be
followed by an invitation for bids limited to those bidders
whose offers have been qualified under the criteria set forth
in the first solicitation.
(i) Alternative procedures. Notwithstanding any other
provision of this Act to the contrary, the Director of the
Illinois Power Agency may create alternative bidding
procedures to be used in procuring professional services under
subsection (a) of Section 1-75 and subsection (d) of Section
1-78 of the Illinois Power Agency Act and Section 16-111.5(c)
of the Public Utilities Act and to procure renewable energy
resources under Section 1-56 of the Illinois Power Agency Act.
These alternative procedures shall be set forth together with
the other criteria contained in the invitation for bids, and
shall appear in the appropriate volume of the Illinois
Procurement Bulletin.
(j) Reverse auction. Notwithstanding any other provision
of this Section and in accordance with rules adopted by the
Director of Central Management Services as chief procurement

SB3511 - 9 - LRB097 16801 PJG 61981 b
officer, a State purchasing officer under that chief
procurement officer officer's jurisdiction may procure
supplies or services through a competitive electronic auction
bidding process after the purchasing officer explains in
writing to the chief procurement officer determines his or her
determination that the use of such a process will be in the
best interest of the State. The chief procurement officer shall
publish that determination in his or her next volume of the
Illinois Procurement Bulletin.
An invitation for bids shall be issued and shall include
(i) a procurement description, (ii) all contractual terms,
whenever practical, and (iii) conditions applicable to the
procurement, including a notice that bids will be received in
an electronic auction manner.
Public notice of the invitation for bids shall be given in
the same manner as provided in subsection (c).
Bids shall be accepted electronically at the time and in
the manner designated in the invitation for bids. During the
auction, a bidder's price shall be disclosed to other bidders.
Bidders shall have the opportunity to reduce their bid prices
during the auction. At the conclusion of the auction, the
record of the bid prices received and the name of each bidder
shall be open to public inspection.
After the auction period has terminated, withdrawal of bids
shall be permitted as provided in subsection (f).
The contract shall be awarded within 60 days after the

SB3511 - 10 - LRB097 16801 PJG 61981 b
auction by written notice to the lowest responsible bidder, or
all bids shall be rejected except as otherwise provided in this
Code. Extensions of the date for the award may be made by
mutual written consent of the State purchasing officer and the
lowest responsible bidder.
This subsection does not apply to (i) procurements of
professional and artistic services, (ii) including but not
limited to telecommunications services, communication
communications services, Internet services, and information
services, and (iii) (ii) contracts for construction projects,
including design professional services.
(Source: P.A. 95-481, eff. 8-28-07; 96-159, eff. 8-10-09;
96-588, eff. 8-18-09; 97-96, eff. 7-13-11.)
(Text of Section from P.A. 96-159, 96-795, 97-96, and
97-198)
Sec. 20-10. Competitive sealed bidding; reverse auction.
(a) Conditions for use. All contracts shall be awarded by
competitive sealed bidding except as otherwise provided in
Section 20-5.
(b) Invitation for bids. An invitation for bids shall be
issued and shall include a purchase description and the
material contractual terms and conditions applicable to the
procurement.
(c) Public notice. Public notice of the invitation for bids
shall be published in the Illinois Procurement Bulletin at

SB3511 - 11 - LRB097 16801 PJG 61981 b
least 14 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,
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

SB3511 - 12 - LRB097 16801 PJG 61981 b
competition shall be permitted. All decisions to permit the
correction or withdrawal of bids based on bid mistakes shall be
supported by written determination made by a State purchasing
officer.
(g) Award. The contract shall be awarded with reasonable
promptness by written notice to the lowest responsible and
responsive bidder whose bid meets the requirements and criteria
set forth in the invitation for bids, except when a State
purchasing officer determines it is not in the best interest of
the State and by written explanation determines another bidder
shall receive the award. The explanation shall appear in the
appropriate volume of the Illinois Procurement Bulletin. The
written explanation must include:
(1) a description of the agency's needs;
(2) a determination that the anticipated cost will be
fair and reasonable;
(3) a listing of all responsible and responsive
bidders; and
(4) the name of the bidder selected, the total contract
price pricing, 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.

SB3511 - 13 - LRB097 16801 PJG 61981 b
(h) Multi-step sealed bidding. When it is considered
impracticable to initially prepare a purchase description to
support an award based on price, an invitation for bids may be
issued requesting the submission of unpriced offers to be
followed by an invitation for bids limited to those bidders
whose offers have been qualified under the criteria set forth
in the first solicitation.
(i) Alternative procedures. Notwithstanding any other
provision of this Act to the contrary, the Director of the
Illinois Power Agency may create alternative bidding
procedures to be used in procuring professional services under
subsection (a) of Section 1-75 and subsection (d) of Section
1-78 of the Illinois Power Agency Act and Section 16-111.5(c)
of the Public Utilities Act and to procure renewable energy
resources under Section 1-56 of the Illinois Power Agency Act.
These alternative procedures shall be set forth together with
the other criteria contained in the invitation for bids, and
shall appear in the appropriate volume of the Illinois
Procurement Bulletin.
(j) Reverse auction. Notwithstanding any other provision
of this Section and in accordance with rules adopted by the
chief procurement officer, that chief procurement officer may
procure supplies or services through a competitive electronic
auction bidding process after the chief procurement officer
determines that the use of such a process will be in the best
interest of the State. The chief procurement officer shall

SB3511 - 14 - LRB097 16801 PJG 61981 b
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 days after the
auction by written notice to the lowest responsible bidder, or
all bids shall be rejected except as otherwise provided in this
Code. Extensions of the date for the award may be made by
mutual written consent of the State purchasing officer and the
lowest responsible bidder.
This subsection does not apply to (i) procurements of
professional and artistic services, (ii) telecommunications

SB3511 - 15 - LRB097 16801 PJG 61981 b
services, communication services, and information services,
and (iii) contracts for construction projects, including
design professional services.
(Source: P.A. 96-159, eff. 8-10-09; 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); 97-96, eff. 7-13-11.)
(30 ILCS 500/20-25)
Sec. 20-25. Sole source procurements.
(a) In accordance with standards set by rule, contracts may
be awarded without use of the specified method of source
selection when there is only one economically feasible source
for the item. A State contract may not be awarded as a sole
source procurement unless a vendor submits a written request
for approved by the chief procurement officer following a
public hearing at which the chief procurement officer and
purchasing agency present written justification for the
procurement method. The Procurement Policy Board, the sole
source contractor, and the public may present testimony.
(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

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shall be provided to the Procurement Policy Board and published
in the online electronic Bulletin at least 14 days before the
public hearing required in subsection (a). The notice shall
include the sole source procurement justification form
prescribed by the Board, a description of the item to be
procured, the intended sole source contractor, and the date,
time, and location of the public hearing. A copy of the notice
and all documents provided at the hearing shall be included in
the subsequent Procurement Bulletin.
(d) By August 1 each year, each chief procurement officer
shall file a report with the General Assembly identifying each
contract the officer sought under the sole source procurement
method and providing the justification given for seeking sole
source as the procurement method for each of those contracts.
(Source: P.A. 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 500/20-120)
Sec. 20-120. Subcontractors.
(a) Any contract granted under this Code shall state
whether the services of a subcontractor will or may be used.
The contract shall include the names and addresses of all known
subcontractors with subcontracts with an annual value of more
than $25,000 and the general type of work to be performed by
these subcontractors. Upon the request of the chief procurement

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officer appointed pursuant to subsection (a)(2) of Section
10-20, the expected amount of money each will receive under the
contract. For procurements subject to the authority of the
chief procurement officer appointed pursuant to subsection
(a)(2) of Section 10-20, the contract shall include only the
names and addresses of all known subcontractors of the primary
contractor with subcontracts with an annual value of more than
$25,000. The contractor shall provide the chief procurement
officer or State purchasing officer a copy of a any subcontract
with an annual value of more than $25,000 so identified within
30 20 days after the request is made. Prior to submission of
the subcontract to the chief procurement officer, a execution
of the State contract or after execution of the subcontract,
whichever is later. A subcontractor, or contractor on behalf of
a subcontractor, may redact identify information that is deemed
proprietary or confidential. If the chief procurement officer
determines the information is not relevant to the primary
contract, the chief procurement officer may excuse the
inclusion of the information. If the chief procurement officer
determines the information is proprietary or could harm the
business interest of the subcontractor, the chief procurement
officer may, in his or her discretion, redact the information.
Redacted information shall not become part of the public
record.
(b) If at any time during the term of a contract, a
contractor adds or changes any subcontractors, he or she shall

SB3511 - 18 - LRB097 16801 PJG 61981 b
promptly notify, in writing, the chief procurement officer,
State purchasing officer, or their designee of the names and
addresses of and the expected amount of money each new or
replaced subcontractor and the general type of work to be
performed. Upon the request of the chief procurement officer
appointed pursuant to subsection (a)(2) of Section 10-20, the
contractor shall provide the chief procurement officer a copy
of any new or amended subcontract so identified within 30 days
after the request is made. Prior to submission of the new or
amended subcontract to the chief procurement officer, a
subcontractor or contractor on behalf of a subcontractor may
redact information that is deemed proprietary or confidential.
will receive. The contractor shall provide to the responsible
chief procurement officer a copy of the subcontract within 20
days after the execution of the subcontract.
(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. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793

SB3511 - 19 - LRB097 16801 PJG 61981 b
for the effective date of P.A. 96-795); 96-920, eff. 7-1-10.)
(30 ILCS 500/20-155)
Sec. 20-155. Solicitation and contract documents.
(a) After award of a contract and subject to provisions of
the Freedom of Information Act, the 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.
(b) 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 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 business days following award of
the contract.
(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).)

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(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 submitted to and every contract executed by
the State on or after January 1, 2009 (the effective date of
Public Act 95-971) shall contain (1) a certification by the
bidder or contractor that either (i) the bidder 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
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 or
contractor's failure to comply with this Section.
(c) Within 30 days after the effective date of this
amendatory Act of the 95th General Assembly, each business
entity (i) whose aggregate bids and proposals on State
contracts annually total more than $50,000, (ii) whose
aggregate bids and proposals on State contracts combined with
the business entity's aggregate annual total value of State
contracts exceed $50,000, or (iii) whose contracts with State

SB3511 - 21 - LRB097 16801 PJG 61981 b
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 shall submit a copy
of the certificate of registration to the applicable chief
procurement officer within 90 days after the effective date of
this amendatory Act of the 95th General Assembly. 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 within 30 days after the effective date of this
amendatory Act of the 95th General Assembly, 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

SB3511 - 22 - LRB097 16801 PJG 61981 b
9-35 of the Election Code prior to submitting to a State agency
the bid or proposal whose value causes the business entity to
fall within the monetary description of this subsection. A
business entity required to register under this subsection has
a continuing duty to ensure that the registration is accurate
during the period beginning on the date of registration and
ending on the day after the date the contract is awarded. Any
change in information must be reported to the State Board of
Elections within 5 business days following such change or no
later than a day before the contract is awarded, whichever date
is earlier.
(e) A business entity whose contracts with State agencies,
in the aggregate, annually total more than $50,000 must
maintain its registration under this Section and has a
continuing duty to ensure that the registration is accurate for
the duration of the term of office of the incumbent
officeholder awarding the contracts or for a period of 2 years
following the expiration or termination of the contracts,
whichever is longer. A business entity, required to register
under this subsection, has a continuing duty to report any
changes on a quarterly basis to the State Board of Elections
within 10 business 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

SB3511 - 23 - LRB097 16801 PJG 61981 b
assessed.
Also, if a business entity required to register under this
subsection has a pending bid or proposal, any change in
information shall 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.
(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) Upon the submission of a bid or proposal A copy of a
certificate of registration must accompany any bid or proposal
for a contract with a State agency by a business entity
required to register under this Section, the . A chief
procurement officer shall verify the status of the business
entity's certificate of registration through the State Board of
Elections website not accept a bid or proposal unless the
certificate is submitted to the agency with the bid or
proposal.
(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

SB3511 - 24 - LRB097 16801 PJG 61981 b
Election Code, intentional, willful, or material failure to
disclose information required for registration shall render
the contract, bid, proposal, or other procurement relationship
voidable by the chief procurement officer if he or she deems it
to be in the best interest of the State of Illinois.
(i) This Section applies regardless of the method of source
selection used in awarding the contract.
(Source: P.A. 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); 96-848,
eff. 1-1-10; 97-333, eff. 8-12-11.)
(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

SB3511 - 25 - LRB097 16801 PJG 61981 b
business if the employee or agent is no longer employed by the
business and:
(1) the business has been finally adjudicated not
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 1961.
(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 submitted to and contract
executed by the State and every subcontract subject to Section
20-120 of this Code shall contain a certification by the
contractor or the subcontractor, respectively, that the
contractor or subcontractor is not barred from being awarded a
contract or subcontract under this Section and acknowledges
that the chief procurement officer may declare the related
contract void if any certifications required by this Section

SB3511 - 26 - LRB097 16801 PJG 61981 b
are false. If the false certification is made by a
subcontractor, then the contractor's submitted bid and the
executed contract may not be declared void, unless the
contractor refuses to terminate the subcontract upon the
State's request after a finding that the subcontract's
certification was false. A contractor or subcontractor who
makes a false statement, material to the certification, commits
a Class 3 felony.
(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 500/50-10)
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.
(b) Every bid submitted to and contract executed by the
State and every subcontract subject to Section 20-120 of this
Code shall contain a certification by the bidder or contractor
or subcontractor, respectively, that the bidder, contractor,
or subcontractor is not barred from being awarded a contract or

SB3511 - 27 - LRB097 16801 PJG 61981 b
subcontract under this Section and acknowledges that the chief
procurement officer may declare the related contract void if
any of the certifications required by this Section are false.
If the false certification is made by a subcontractor, then the
contractor's submitted bid 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. 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 500/50-10.5)
Sec. 50-10.5. Prohibited bidders and contractors.
(a) Unless otherwise provided, no business shall bid or
enter into a contract or subcontract under this Code if the
business or any officer, director, partner, or other managerial
agent of the business has been convicted of a felony under the
Sarbanes-Oxley Act of 2002 or a Class 3 or Class 2 felony under
the Illinois Securities Law of 1953 for a period of 5 years
from the date of conviction.
(b) Every bid submitted to and contract executed by the
State and every subcontract subject to Section 20-120 of this
Code shall contain a certification by the bidder, contractor,
or subcontractor, respectively, that the bidder, contractor,
or subcontractor is not barred from being awarded a contract or
subcontract under this Section and acknowledges that the chief

SB3511 - 28 - LRB097 16801 PJG 61981 b
procurement officer shall declare the related contract void if
any of the certifications completed pursuant to this subsection
(b) are false. If the false certification is made by a
subcontractor, then the contractor's submitted bid and the
executed contract may not be declared void, unless the
contractor refuses to terminate the subcontract upon the
State's request after a finding that the subcontract's
certification was false.
(c) If a business is not a natural person, the prohibition
in subsection (a) applies only if:
(1) the business itself is convicted of a felony
referenced in subsection (a); or
(2) the business is ordered to pay punitive damages
based on the conduct of any officer, director, partner, or
other managerial agent who has been convicted of a felony
referenced in subsection (a).
(d) A natural person who is convicted of a felony
referenced in subsection (a) remains subject to Section 50-10.
(e) No person or business shall bid or enter into a
contract under this Code if the person or business:
(1) assisted the State of Illinois or a State agency in
determining whether there is a need for a contract except
as part of a response to a publicly issued request for
information; or
(2) assisted an employee of the State of Illinois who,
by the nature of his or her duties, has the authority to

SB3511 - 29 - LRB097 16801 PJG 61981 b
participate personally and substantially in the decision
to award a State contract or a State agency by reviewing,
drafting, 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 proposal or entering into a contract if the
person or business: (i) initiates a communication with an
employee to provide general information about products,
services, or industry best practices and, if applicable, that
communication is documented in accordance with Section 50-39 or
(ii) responds to a communication initiated by an employee of
the State for the purposes of providing information to evaluate
new products, trends, services, or technologies.
For purposes of this subsection (e), "business" includes
all individuals with whom a business is affiliated, including,
but not limited to, any officer, agent, employee, consultant,
independent contractor, director, partner, or manager, or
shareholder of a business.
(Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793
for the effective date of changes made by P.A. 96-795); 96-920,
eff. 7-1-10.)
(30 ILCS 500/50-11)

SB3511 - 30 - LRB097 16801 PJG 61981 b
Sec. 50-11. Debt delinquency.
(a) No person shall submit a bid for or enter into a
contract or subcontract under this Code 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 general partnership interest is a voting
security.
(b) Every bid submitted to and contract executed by the
State and every subcontract subject to Section 20-120 of this
Code shall contain a certification by the bidder, contractor,

SB3511 - 31 - LRB097 16801 PJG 61981 b
or subcontractor, respectively, that the 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 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 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. 96-493, eff. 1-1-10; 96-795, eff. 7-1-10 (see
Section 5 of P.A. 96-793 for effective date of changes made by
P.A. 96-795); 96-1000, eff. 7-2-10.)
(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
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

SB3511 - 32 - LRB097 16801 PJG 61981 b
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 submitted and contract executed by the State
and every subcontract subject to Section 20-120 of this Code
shall contain a certification by the bidder, contractor, or
subcontractor, respectively, that the bidder, contractor, or
subcontractor is not barred from bidding for or entering into a
contract under subsection (a) of this Section and acknowledges
that the chief 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
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

SB3511 - 33 - LRB097 16801 PJG 61981 b
certification was false.
(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 500/50-14)
Sec. 50-14. Environmental Protection Act violations.
(a) Unless otherwise provided, no person or business found
by a court or the Pollution Control Board to have committed a
willful or knowing violation of the Environmental Protection
Act shall do business with the State of Illinois or any State
agency or enter into a subcontract that is subject to this Code
from the date of the order containing the finding of violation
until 5 years after that date, unless the person or business
can show that no person involved in the violation continues to
have any involvement with the business.
(b) A person or business otherwise barred from doing
business with the State of Illinois or any State agency or
subcontracting under this Code by subsection (a) may be allowed
to do business with the State of Illinois or any State agency
if it is shown that there is no practicable alternative to the
State to contracting with that person or business.
(c) Every bid submitted to and contract executed by the
State and every subcontract subject to Section 20-120 of this
Code shall contain a certification by the bidder, contractor,
or subcontractor, respectively, that the bidder, contractor,
or subcontractor is not barred from being awarded a contract or

SB3511 - 34 - LRB097 16801 PJG 61981 b
subcontract under this Section and acknowledges that the
contracting State agency may declare the related contract void
if any of the certifications completed pursuant to this
subsection (c) are false. If the false certification is made by
a subcontractor, then the contractor's submitted bid and the
executed contract may not be declared void, unless the
contractor refuses to terminate the subcontract upon the
State's request after a finding that the subcontract's
certification was false.
(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 offers from responsive bidders or offerors with an
annual value of more than $25,000, and all subcontracts
identified as provided by Section 20-120 of this Code, shall be
accompanied by disclosure of the financial interests of the
contractor, bidder, or proposer and each subcontractor to be
used. The financial disclosure of each successful bidder or
offeror and its subcontractors shall be incorporated as a
material term of the contract and shall become part of the
publicly available contract or procurement file maintained by
the appropriate chief procurement officer. Each disclosure
under this Section and Section 50-34 shall be signed and made

SB3511 - 35 - LRB097 16801 PJG 61981 b
under penalty of perjury by an authorized officer or employee
on behalf of the bidder or offeror, and must be filed with the
Procurement Policy Board.
(b) Disclosure shall include any ownership or distributive
income share that is in excess of 5%, or an amount greater than
60% of the annual salary of the Governor, of the disclosing
entity or its parent entity, whichever is less, unless the
contractor, bidder, or subcontractor (i) is a publicly traded
entity subject to Federal 10K reporting, in which case it may
submit its 10K disclosure in place of the prescribed
disclosure, or (ii) is a privately held entity that is exempt
from Federal 10k reporting but has more than 200 shareholders,
in which case it may submit the information that Federal 10k
reporting companies are required to report under 17 CFR 229.401
and list the names of any person or entity holding any
ownership share that is in excess of 5% in place of the
prescribed disclosure. The form of disclosure shall be
prescribed by the applicable chief procurement officer and must
include at least the names, addresses, and dollar or
proportionate share of ownership of each person identified in
this Section, their instrument of ownership or beneficial
relationship, and notice of any potential conflict of interest
resulting from the current ownership or beneficial
relationship of each person identified in this Section having
in addition any of the following relationships:
(1) State employment, currently or in the previous 3

SB3511 - 36 - LRB097 16801 PJG 61981 b
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
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

SB3511 - 37 - LRB097 16801 PJG 61981 b
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 or offeror who is not identified under subsections
(a) and (b), and who has communicated, is communicating, or may
communicate with any State officer or employee concerning the
bid or offer, and is not an employee of the bidder or offeror.
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.

SB3511 - 38 - LRB097 16801 PJG 61981 b
(b-2) The disclosure required under this Section must also
include, for each of the persons identified in subsection (b)
or (b-1), each of the following that occurred within the
previous 10 years: debarment from contracting with any
governmental entity; professional licensure discipline;
bankruptcies; adverse civil judgments and administrative
findings; and criminal felony convictions. The disclosure
under this subsection is a continuing obligation and must be
promptly supplemented for accuracy throughout the process and
throughout the term of the contract if the bid or offer is
successful.
(c) The disclosure in subsection (b) is not intended to
prohibit or prevent any contract. The disclosure is meant to
fully and publicly disclose any potential conflict to the chief
procurement officers, State purchasing officers, their
designees, and executive officers so they may adequately
discharge their duty to protect the State.
(d) When a potential for a conflict of interest is
identified, discovered, or reasonably suspected, the chief
procurement officer or State procurement officer shall send the
contract to the Procurement Policy Board. In accordance with
the objectives of subsection (c), the Procurement Policy Board
shall provide written notice to the contractor or subcontractor
that is identified, discovered, or reasonably suspected of
having such potential for a conflict of interest. The
contractor or subcontractor shall have 30 days to respond in

SB3511 - 39 - LRB097 16801 PJG 61981 b
writing to the Board, and a hearing before the Board will be
granted upon the contractor's or subcontractor's request. Upon
consideration, the 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 chief
procurement officer. The chief procurement officer must hold a
public hearing if the Procurement Policy Board makes a
recommendation to (i) void a contract or (ii) void a bid or
offer and the chief procurement officer selected or intends to
award the contract to the bidder or offeror. A chief
procurement officer is prohibited from awarding a contract
before a hearing if the Board recommendation does not support a
bid or offer. The recommendation and proceedings of any
hearing, if applicable, shall become part of the contract, bid,
or proposal file and shall be available to the public.
(e) These thresholds and disclosure do not relieve the
chief procurement officer, the State purchasing officer, or
their designees from reasonable care and diligence for any
contract, bid, offer, or proposal. The chief procurement
officer, the State purchasing officer, or their designees shall
be responsible for using any reasonably known and publicly
available information to discover any undisclosed potential
conflict of interest and act to protect the best interest of
the State of Illinois.
(f) Inadvertent or accidental failure to fully disclose

SB3511 - 40 - LRB097 16801 PJG 61981 b
shall render the contract, bid, proposal, subcontract, or
relationship voidable by the chief procurement officer if he or
she deems it in the best interest of the State of Illinois and,
at his or her discretion, may be cause for barring from future
contracts, bids, proposals, subcontracts, or relationships
with the State for a period of up to 2 years.
(g) Intentional, willful, or material failure to disclose
shall render the contract, bid, proposal, subcontract, or
relationship voidable by the chief procurement officer if he or
she deems it in the best interest of the State of Illinois and
shall result in debarment from future contracts, bids,
proposals, subcontracts, or relationships for a period of not
less than 2 years and not more than 10 years. Reinstatement
after 2 years and before 10 years must be reviewed and
commented on in writing by the Governor of the State of
Illinois, or by an executive ethics board or commission he or
she might designate. The comment shall be returned to the
responsible chief procurement officer who must rule in writing
whether and when to reinstate.
(h) In addition, all disclosures shall note any other
current or pending contracts, proposals, subcontracts, leases,
or other ongoing procurement relationships the bidding,
proposing, offering, or subcontracting entity has with any
other unit of State government and shall clearly identify the
unit and the contract, proposal, lease, or other relationship.
(i) The contractor or bidder has a continuing obligation to

SB3511 - 41 - LRB097 16801 PJG 61981 b
supplement the disclosure required by this Section throughout
the bidding process or during the term of any contract.
(Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793
for the effective date of changes made by P.A. 96-795); 96-920,
eff. 7-1-10; 97-490, eff. 8-22-11.)
(30 ILCS 500/50-39)
Sec. 50-39. Procurement communications reporting
requirement.
(a) Any written or oral communication received by a State
employee who, by the nature of his or her duties, has the
authority to participate personally and substantially in the
decision to award a State contract and that imparts or requests
material information or makes a material argument regarding
potential action concerning an active a procurement matter,
including, but not limited to, an application, a contract, or a
project, shall be reported to the Procurement Policy Board,
and, with respect to the Illinois Power Agency, by the
initiator of the communication, and may be reported also by the
recipient. For purposes of this Section, "active procurement
matter" means a procurement process beginning with publication
in the Illinois Procurement Bulletin; "material information"
means information that a reasonable person would deem important
in determining his or her course of action and pertains to
significant issues, including, but not limited to, price,
quantity, and terms of payment or performance; and "material

SB3511 - 42 - LRB097 16801 PJG 61981 b
argument" means a communication that a reasonable person would
believe was made for the purpose of influencing a decision
relating to a procurement matter. "Material argument" does not
include general information about products, services, or
industry best practices or a response to a communication
initiated by an employee of the State for the purposes of
providing information to evaluate new products, trends,
services, or technologies.
Any person communicating orally, in writing,
electronically, or otherwise with the Director or any person
employed by, or associated with, the Illinois Power Agency to
impart, solicit, or transfer any information related to the
content of any power procurement plan, the manner of conducting
any power procurement process, the procurement of any power
supply, or the method or structure of contracting with power
suppliers must disclose to the Procurement Policy Board the
full nature, content, and extent of any such communication in
writing by submitting a report with the following information:
(1) The names of any party to the communication.
(2) The date on which the communication occurred.
(3) The time at which the communication occurred.
(4) The duration of the communication.
(5) The method (written, oral, etc.) of the
communication.
(6) A summary of the substantive content of the
communication.

SB3511 - 43 - LRB097 16801 PJG 61981 b
These communications do not include the following: (i)
statements by a person publicly made in a public forum; (ii)
statements regarding matters of procedure and practice, such as
format, the number of copies required, the manner of filing,
and the status of a matter; and (iii) statements made by a
State employee of the agency to the agency head or other
employees of that agency, or to the employees of the Executive
Ethics Commission, or to an employee of another State agency
who, through the communication, is either exercising his or her
experience or expertise in the subject matter of the particular
procurement in the normal course of business or exercising
oversight or supervisory or management authority over the
procurement in the normal course of business; (iv) unsolicited
communications providing general information about products,
services, or industry best practices before those products or
services become involved in a procurement matter; (v)
communications received in response to procurement
solicitations, including, but not limited to, vendor responses
to a request for information, request for proposal, request for
qualifications, invitation for bid, or a small purchase, sole
source, or emergency solicitation, or questions and answers
posted to the Procurement Bulletins to supplement the
procurement action, provided that the communications are made
in accordance with the instructions contained in the
procurement solicitation, procedures, or guidelines; (vi)
communications that are privileged, protected, or confidential

SB3511 - 44 - LRB097 16801 PJG 61981 b
under law; and (vii) communications that are part of a formal
procurement process as set out by statute, rule, or the
solicitation, guidelines, or procedures, including, but not
limited to, the posting of procurement opportunities, the
process for approving a procurement business case or its
equivalent, fiscal approval, submission of bids, the
finalizing of contract terms and conditions with an awardee or
apparent awardee, and similar formal procurement processes.
The provisions of this Section shall not apply to
communications regarding the administration and implementation
of an existing contract, except communications regarding
change orders or the renewal or extension of a contract.
(b) The report required by subsection (a) shall be
submitted monthly and include at least the following: (i) the
date and time of each communication; (ii) the identity of each
person from whom the written or oral communication was
received, the individual or entity represented by that person,
and any action the person requested or recommended; (iii) the
identity and job title of the person to whom each communication
was made; (iv) if a response is made, the identity and job
title of the person making each response; (v) a detailed
summary of the points made by each person involved in the
communication; (vi) the duration of the communication; (vii)
the location or locations of all persons involved in the
communication and, if the communication occurred by telephone,
the telephone numbers for the callers and recipients of the

SB3511 - 45 - LRB097 16801 PJG 61981 b
communication; and (viii) any other pertinent information. No
proprietary or confidential information shall be included in
any communication reported to the Procurement Policy Board.
(c) Additionally, when an oral communication made by a
person required to register under the Lobbyist Registration Act
is received by a State employee that is covered under this
Section, all individuals who initiate or participate in the
oral communication shall submit a written report to that State
employee that memorializes the communication and includes, but
is not limited to, the items listed in subsection (b).
(d) The Procurement Policy Board shall make each report
submitted pursuant to this Section available on its website
within 7 days after its receipt of the report. The Procurement
Policy Board may promulgate rules to ensure compliance with
this Section.
(e) The reporting requirements shall also be conveyed
through ethics training under the State Officials and Employees
Ethics Act. An employee who knowingly and intentionally
violates this Section shall be subject to suspension or
discharge. The Executive Ethics Commission shall promulgate
rules, including emergency rules, to implement this Section.
(f) This Section becomes operative on January 1, 2011.
(Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793
for the effective date of changes made by P.A. 96-795); 96-920,
eff. 7-1-10; 97-333, eff. 8-12-11; 97-618, eff. 10-26-11.)

SB3511 - 46 - LRB097 16801 PJG 61981 b
(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
violation of this Code or any other law, the contract or
amendment thereto may be declared void by the chief procurement
officer or may be ratified and affirmed, provided the chief
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 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 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 determines that the contractor is in
violation of Section 50-10.5 of this Code, the chief
procurement 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

SB3511 - 47 - LRB097 16801 PJG 61981 b
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 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 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 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 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 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.)
Section 99. Effective date. This Act takes effect upon
becoming law.
SB3511 - 48 - LRB097 16801 PJG 61981 b
INDEX
Statutes amended in order of appearance