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1		AN ACT concerning finance.
2		Be it enacted by the People of the State of Illinois,
3		represented in the General Assembly:
4		Section 5. The State Officials and Employees Ethics Act is
5		amended by changing Sections 5-10 and 20-5 as follows:
6		(5 ILCS 430/5-10)
7		Sec. 5-10. Ethics training.
8		(a) Each officer, member, and employee must complete, at
9		least annually beginning in 2004, an ethics training program
10		conducted by the appropriate State agency. Each ultimate
11		jurisdictional authority must implement an ethics training
12		program for its officers, members, and employees. These ethics
13		training programs shall be overseen by the appropriate Ethics
14		Commission and Inspector General appointed pursuant to this Act
15		in consultation with the Office of the Attorney General.
16		(b) Each ultimate jurisdictional authority subject to the
17		Executive Ethics Commission shall submit to the Executive
18		Ethics Commission, at least annually, or more frequently as
19		required by that Commission, an annual report that summarizes
20		ethics training that was completed during the previous year,
21		and lays out the plan for the ethics training programs in the
22		coming year.
23		(c) Each Inspector General shall set standards and

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1		determine the hours and frequency of training necessary for
2		each position or category of positions. A person who fills a
3		vacancy in an elective or appointed position that requires
4		training and a person employed in a position that requires
5		training must complete his or her initial ethics training
6		within 30 days after commencement of his or her office or
7		employment.
8		(d) Upon completion of the ethics training program, each
9		officer, member, and employee must certify in writing that the
10		person has completed the training program. Each officer,
11		member, and employee must provide to his or her ethics officer
12		a signed copy of the certification by the deadline for
13		completion of the ethics training program.
14		(e) The ethics training provided under this Act by the
15		Secretary of State may be expanded to satisfy the requirement
16		of Section 4.5 of the Lobbyist Registration Act.
17		(f) The ethics training provided under this Act by State
18		agencies under the control of the Governor shall include the
19		requirements and duties of State officers and employees under
20		Sections 50-39, 50-40, and 50-45 of the Illinois Procurement
21		Code.
22		(Source: P.A. 96-555, eff. 8-18-09.)
23		(5 ILCS 430/20-5)
24		Sec. 20-5. Executive Ethics Commission.
25		(a) The Executive Ethics Commission is created.

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1		(b) The Executive Ethics Commission shall consist of 9
2		commissioners. The Governor shall appoint 5 commissioners, and
3		the Attorney General, Secretary of State, Comptroller, and
4		Treasurer shall each appoint one commissioner. Appointments
5		shall be made by and with the advice and consent of the Senate
6		by three-fifths of the elected members concurring by record
7		vote. Any nomination not acted upon by the Senate within 60
8		session days of the receipt thereof shall be deemed to have
9		received the advice and consent of the Senate. If, during a
10		recess of the Senate, there is a vacancy in an office of
11		commissioner, the appointing authority shall make a temporary
12		appointment until the next meeting of the Senate when the
13		appointing authority shall make a nomination to fill that
14		office. No person rejected for an office of commissioner shall,
15		except by the Senate's request, be nominated again for that
16		office at the same session of the Senate or be appointed to
17		that office during a recess of that Senate. No more than 5
18		commissioners may be of the same political party.
19		The terms of the initial commissioners shall commence upon
20		qualification. Four initial appointees of the Governor, as
21		designated by the Governor, shall serve terms running through
22		June 30, 2007. One initial appointee of the Governor, as
23		designated by the Governor, and the initial appointees of the
24		Attorney General, Secretary of State, Comptroller, and
25		Treasurer shall serve terms running through June 30, 2008. The
26		initial appointments shall be made within 60 days after the

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1		effective date of this Act.
2		After the initial terms, commissioners shall serve for
3		4-year terms commencing on July 1 of the year of appointment
4		and running through June 30 of the fourth following year.
5		Commissioners may be reappointed to one or more subsequent
6		terms.
7		Vacancies occurring other than at the end of a term shall
8		be filled by the appointing authority only for the balance of
9		the term of the commissioner whose office is vacant.
10		Terms shall run regardless of whether the position is
11		filled.
12		(c) The appointing authorities shall appoint commissioners
13		who have experience holding governmental office or employment
14		and shall appoint commissioners from the general public. A
15		person is not eligible to serve as a commissioner if that
16		person (i) has been convicted of a felony or a crime of
17		dishonesty or moral turpitude, (ii) is, or was within the
18		preceding 12 months, engaged in activities that require
19		registration under the Lobbyist Registration Act, (iii) is
20		related to the appointing authority, or (iv) is a State officer
21		or employee.
22		(d) The Executive Ethics Commission shall have
23		jurisdiction over all officers and employees of State agencies
24		other than the General Assembly, the Senate, the House of
25		Representatives, the President and Minority Leader of the
26		Senate, the Speaker and Minority Leader of the House of

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1		Representatives, the Senate Operations Commission, the
2		legislative support services agencies, and the Office of the
3		Auditor General. The Executive Ethics Commission shall have
4		jurisdiction over all board members and employees of Regional
5		Transit Boards. The jurisdiction of the Commission is limited
6		to matters arising under this Act, except as provided in
7		subsection (d-5).
8		A member or legislative branch State employee serving on an
9		executive branch board or commission remains subject to the
10		jurisdiction of the Legislative Ethics Commission and is not
11		subject to the jurisdiction of the Executive Ethics Commission.
12		(d-5) The Executive Ethics Commission shall have
13		jurisdiction over all chief procurement officers and
14		procurement compliance monitors and their respective staffs.
15		The Executive Ethics Commission shall have jurisdiction over
16		any matters arising under the Illinois Procurement Code if the
17		Commission is given explicit authority in that Code.
18		(d-6) (1) The Executive Ethics Commission shall have
19		jurisdiction over the Illinois Power Agency and its staff. The
20		Director of the Agency shall be appointed by a majority of the
21		commissioners of the Executive Ethics Commission, subject to
22		Senate confirmation, for a term of 2 years. The Director is
23		removable for cause by a majority of the Commission upon a
24		finding of neglect, malfeasance, absence, or incompetence.
25		(2) In case of a vacancy in the office of Director of the
26		Illinois Power Agency during a recess of the Senate, the

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1		Executive Ethics Commission may make a temporary appointment
2		until the next meeting of the Senate, at which time the
3		Executive Ethics Commission shall nominate some person to fill
4		the office, and any person so nominated who is confirmed by the
5		Senate shall hold office during the remainder of the term and
6		until his or her successor is appointed and qualified. Nothing
7		in this subsection shall prohibit the Executive Ethics
8		Commission from removing a temporary appointee or from
9		appointing a temporary appointee as the Director of the
10		Illinois Power Agency.
11		(3) Prior to June 1, 2012, the Executive Ethics Commission
12		may, until the Director of the Illinois Power Agency is
13		appointed and qualified or a temporary appointment is made
14		pursuant to paragraph (2) of this subsection, designate some
15		person as an acting Director to execute the powers and
16		discharge the duties vested by law in that Director. An acting
17		Director shall serve no later than 60 calendar days, or upon
18		the making of an appointment pursuant to paragraph (1) or (2)
19		of this subsection, whichever is earlier. Nothing in this
20		subsection shall prohibit the Executive Ethics Commission from
21		removing an acting Director or from appointing an acting
22		Director as the Director of the Illinois Power Agency.
23		(4) No person rejected by the Senate for the office of
24		Director of the Illinois Power Agency shall, except at the
25		Senate's request, be nominated again for that office at the
26		same session or be appointed to that office during a recess of

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1		that Senate.
2		(e) The Executive Ethics Commission must meet, either in
3		person or by other technological means, at least monthly and as
4		often as necessary. At the first meeting of the Executive
5		Ethics Commission, the commissioners shall choose from their
6		number a chairperson and other officers that they deem
7		appropriate. The terms of officers shall be for 2 years
8		commencing July 1 and running through June 30 of the second
9		following year. Meetings shall be held at the call of the
10		chairperson or any 3 commissioners. Official action by the
11		Commission shall require the affirmative vote of 5
12		commissioners, and a quorum shall consist of 5 commissioners.
13		Commissioners shall receive compensation in an amount equal to
14		the compensation of members of the State Board of Elections and
15		may be reimbursed for their reasonable expenses actually
16		incurred in the performance of their duties.
17		(f) No commissioner or employee of the Executive Ethics
18		Commission may during his or her term of appointment or
19		employment:
20		(1) become a candidate for any elective office;
21		(2) hold any other elected or appointed public office
22		except for appointments on governmental advisory boards or
23		study commissions or as otherwise expressly authorized by
24		law;
25		(3) be actively involved in the affairs of any
26		political party or political organization; or

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1		(4) advocate for the appointment of another person to
2		an appointed or elected office or position or actively
3		participate in any campaign for any elective office.
4		(g) An appointing authority may remove a commissioner only
5		for cause.
6		(h) The Executive Ethics Commission shall appoint an
7		Executive Director. The compensation of the Executive Director
8		shall be as determined by the Commission. The Executive
9		Director of the Executive Ethics Commission may employ and
10		determine the compensation of staff, as appropriations permit.
11		(i) The Executive Ethics Commission shall appoint, by a
12		majority of the members appointed to the Commission, chief
13		procurement officers and may appoint procurement compliance
14		monitors in accordance with the provisions of the Illinois
15		Procurement Code. The compensation of a chief procurement
16		officer and procurement compliance monitor shall be determined
17		by the Commission.
18		(Source: P.A. 96-555, eff. 8-18-09; 96-1528, eff. 7-1-11;
19		97-618, eff. 10-26-11; 97-677, eff. 2-6-12.)
20		Section 15. The Illinois Procurement Code is amended by
21		re-enacting and changing Sections 1-12 and 1-13, by changing
22		Sections 1-10, 1-15.20, 5-5, 5-30, 10-10, 10-15, 15-25, 15-30,
23		20-10, 20-15, 20-20, 20-25, 20-30, 20-43, 20-80, 20-160, 25-35,
24		35-15, 35-30, 35-35, 40-30, 45-15, 45-30, 45-45, 45-57, 50-2,
25		50-10, 50-10.5, 50-39, 50-40, 50-45, and 53-10, and by adding

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1		Sections 1-15.40, 1-15.47, 1-15.48, 1-15.49, 10-30, 25-85,
2		30-40, 45-85, 45-90, and 50-36.5 as follows:
3		(30 ILCS 500/1-10)
4		Sec. 1-10. Application.
5		(a) This Code applies only to procurements for which
6		bidders, offerors, potential contractors, or contractors were
7		first solicited on or after July 1, 1998. This Code shall not
8		be construed to affect or impair any contract, or any provision
9		of a contract, entered into based on a solicitation prior to
10		the implementation date of this Code as described in Article
11		99, including but not limited to any covenant entered into with
12		respect to any revenue bonds or similar instruments. All
13		procurements for which contracts are solicited between the
14		effective date of Articles 50 and 99 and July 1, 1998 shall be
15		substantially in accordance with this Code and its intent.
16		(b) This Code shall apply regardless of the source of the
17		funds with which the contracts are paid, including federal
18		assistance moneys. Except as specifically provided in this
19		Code, this This Code shall not apply to:
20		(1) Contracts between the State and its political
21		subdivisions or other governments, or between State
22		governmental bodies except as specifically provided in
23		this Code.
24		(2) Grants, except for the filing requirements of
25		Section 20-80.

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1		(3) Purchase of care.
2		(4) Hiring of an individual as employee and not as an
3		independent contractor, whether pursuant to an employment
4		code or policy or by contract directly with that
5		individual.
6		(5) Collective bargaining contracts.
7		(6) Purchase of real estate, except that notice of this
8		type of contract with a value of more than $25,000 must be
9		published in the Procurement Bulletin within 10 calendar
10		days after the deed is recorded in the county of
11		jurisdiction. The notice shall identify the real estate
12		purchased, the names of all parties to the contract, the
13		value of the contract, and the effective date of the
14		contract.
15		(7) Contracts necessary to prepare for anticipated
16		litigation, enforcement actions, or investigations,
17		provided that the chief legal counsel to the Governor shall
18		give his or her prior approval when the procuring agency is
19		one subject to the jurisdiction of the Governor, and
20		provided that the chief legal counsel of any other
21		procuring entity subject to this Code shall give his or her
22		prior approval when the procuring entity is not one subject
23		to the jurisdiction of the Governor.
24		(8) (Blank). Contracts for services to Northern
25		Illinois University by a person, acting as an independent
26		contractor, who is qualified by education, experience, and

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1		technical ability and is selected by negotiation for the
2		purpose of providing non-credit educational service
3		activities or products by means of specialized programs
4		offered by the university.
5		(9) Procurement expenditures by the Illinois
6		Conservation Foundation when only private funds are used.
7		(10) (Blank). Procurement expenditures by the Illinois
8		Health Information Exchange Authority involving private
9		funds from the Health Information Exchange Fund. "Private
10		funds" means gifts, donations, and private grants.
11		(11) Public-private agreements entered into according
12		to the procurement requirements of Section 20 of the
13		Public-Private Partnerships for Transportation Act and
14		design-build agreements entered into according to the
15		procurement requirements of Section 25 of the
16		Public-Private Partnerships for Transportation Act.
17		(12) Contracts for legal, financial, and other
18		professional and artistic services entered into on or
19		before December 31, 2018 by the Illinois Finance Authority
20		in which the State of Illinois is not obligated. Such
21		contracts shall be awarded through a competitive process
22		authorized by the Board of the Illinois Finance Authority
23		and are subject to Sections 5-30, 20-160, 50-13, 50-20,
24		50-35, and 50-37 of this Code, as well as the final
25		approval by the Board of the Illinois Finance Authority of
26		the terms of the contract.

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1		(13) The provisions of this paragraph (13), other than
2		this sentence, are inoperative on and after January 1, 2019
3		or 2 years after the effective date of this amendatory Act
4		of the 99th General Assembly, whichever is later. Contracts
5		for services, commodities, and equipment to support the
6		delivery of timely forensic science services in
7		consultation with and subject to the approval of the Chief
8		Procurement Officer as provided in subsection (d) of
9		Section 5-4-3a of the Unified Code of Corrections, except
10		for the requirements of Sections 20-60, 20-65, 20-70, and
11		20-160 and Article 50 of this Code; however, the Chief
12		Procurement Officer may, in writing with justification,
13		waive any certification required under Article 50 of this
14		Code. For any contracts for services which are currently
15		provided by members of a collective bargaining agreement,
16		the applicable terms of the collective bargaining
17		agreement concerning subcontracting shall be followed.
18		On and after January 1, 2019, this paragraph (13),
19		except for this sentence, is inoperative.
20		(14) Contracts for participation expenditures required
21		by a domestic or international trade show or exhibition of
22		an exhibitor, member, or sponsor.
23		(15) Contracts with a railroad or utility that requires
24		the State to reimburse the railroad or utilities for the
25		relocation of utilities for construction or other public
26		purpose. Contracts included within this paragraph (15)

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1		shall include, but not be limited to, those associated
2		with: relocations, crossings, installations, and
3		maintenance. For the purposes of this paragraph (15),
4		"railroad" means any form of non-highway ground
5		transportation that runs on rails or electromagnetic
6		guideways and "utility" means: (1) public utilities as
7		defined in Section 3-105 of the Public Utilities Act, (2)
8		telecommunications carriers as defined in Section 13-202
9		of the Public Utilities Act, (3) electric cooperatives as
10		defined in Section 3.4 of the Electric Supplier Act, (4)
11		telephone or telecommunications cooperatives as defined in
12		Section 13-212 of the Public Utilities Act, (5) rural water
13		or waste water systems with 10,000 connections or less, (6)
14		a holder as defined in Section 21-201 of the Public
15		Utilities Act, and (7) municipalities owning or operating
16		utility systems consisting of public utilities as that term
17		is defined in Section 11-117-2 of the Illinois Municipal
18		Code.
19		Notwithstanding any other provision of law, for contracts
20		entered into on or after October 1, 2017 under an exemption
21		provided in any paragraph item (12) of this subsection (b),
22		except paragraph (1), (2), or (5), each State agency shall be
23		published in the Procurement Bulletin within 14 calendar days
24		after contract execution. The chief procurement officer shall
25		prescribe the form and content of the notice. The Illinois
26		Finance Authority shall provide the chief procurement officer,

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1		on a monthly basis, in the form and content prescribed by the
2		chief procurement officer, a report of contracts that are
3		related to the procurement of goods and services identified in
4		item (12) of this subsection (b). At a minimum, this report
5		shall post to the appropriate procurement bulletin include the
6		name of the contractor, a description of the supply or service
7		provided, the total amount of the contract, the term of the
8		contract, and the exception to the Code utilized. A copy of
9		each of these contracts shall be made available to the chief
10		procurement officer immediately upon request. The chief
11		procurement officer shall submit a report to the Governor and
12		General Assembly no later than November 1 of each year that
13		shall include, at a minimum, an annual summary of the monthly
14		information reported to the chief procurement officer.
15		(c) This Code does not apply to the electric power
16		procurement process provided for under Section 1-75 of the
17		Illinois Power Agency Act and Section 16-111.5 of the Public
18		Utilities Act.
19		(d) Except for Section 20-160 and Article 50 of this Code,
20		and as expressly required by Section 9.1 of the Illinois
21		Lottery Law, the provisions of this Code do not apply to the
22		procurement process provided for under Section 9.1 of the
23		Illinois Lottery Law.
24		(e) This Code does not apply to the process used by the
25		Capital Development Board to retain a person or entity to
26		assist the Capital Development Board with its duties related to

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1		the determination of costs of a clean coal SNG brownfield
2		facility, as defined by Section 1-10 of the Illinois Power
3		Agency Act, as required in subsection (h-3) of Section 9-220 of
4		the Public Utilities Act, including calculating the range of
5		capital costs, the range of operating and maintenance costs, or
6		the sequestration costs or monitoring the construction of clean
7		coal SNG brownfield facility for the full duration of
8		construction.
9		(f) (Blank). This Code does not apply to the process used
10		by the Illinois Power Agency to retain a mediator to mediate
11		sourcing agreement disputes between gas utilities and the clean
12		coal SNG brownfield facility, as defined in Section 1-10 of the
13		Illinois Power Agency Act, as required under subsection (h-1)
14		of Section 9-220 of the Public Utilities Act.
15		(g) (Blank). This Code does not apply to the processes used
16		by the Illinois Power Agency to retain a mediator to mediate
17		contract disputes between gas utilities and the clean coal SNG
18		facility and to retain an expert to assist in the review of
19		contracts under subsection (h) of Section 9-220 of the Public
20		Utilities Act. This Code does not apply to the process used by
21		the Illinois Commerce Commission to retain an expert to assist
22		in determining the actual incurred costs of the clean coal SNG
23		facility and the reasonableness of those costs as required
24		under subsection (h) of Section 9-220 of the Public Utilities
25		Act.
26		(h) This Code does not apply to the process to procure or

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1		contracts entered into in accordance with Sections 11-5.2 and
2		11-5.3 of the Illinois Public Aid Code.
3		(i) Each chief procurement officer may access records
4		necessary to review whether a contract, purchase, or other
5		expenditure is or is not subject to the provisions of this
6		Code, unless such records would be subject to attorney-client
7		privilege.
8		(j) This Code does not apply to the process used by the
9		Capital Development Board to retain an artist or work or works
10		of art as required in Section 14 of the Capital Development
11		Board Act.
12		(k) This Code does not apply to the process to procure
13		contracts, or contracts entered into, by the State Board of
14		Elections or the State Electoral Board for hearing officers
15		appointed pursuant to the Election Code.
16		(l) This Code does not apply to the processes used by the
17		Illinois Student Assistance Commission to procure supplies and
18		services paid for from the private funds of the Illinois
19		Prepaid Tuition Fund. As used in this subsection (l), "private
20		funds" means funds derived from deposits paid into the Illinois
21		Prepaid Tuition Trust Fund and the earnings thereon.
22		(Source: P.A. 98-90, eff. 7-15-13; 98-463, eff. 8-16-13;
23		98-572, eff. 1-1-14; 98-756, eff. 7-16-14; 98-1076, eff.
24		1-1-15; 99-801, eff. 1-1-17.)
25		(30 ILCS 500/1-12)

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1		Sec. 1-12. Applicability to artistic or musical services.
2		(a) This Code shall not apply to procurement expenditures
3		necessary to provide artistic or musical services,
4		performances, or theatrical productions held at a venue
5		operated or leased by a State agency.
6		(b) Notice of each contract entered into by a State agency
7		that is related to the procurement of goods and services
8		identified in this Section shall be published in the Illinois
9		Procurement Bulletin within 14 calendar days after contract
10		execution. The chief procurement officer shall prescribe the
11		form and content of the notice. Each State agency shall provide
12		the chief procurement officer, on a monthly basis, in the form
13		and content prescribed by the chief procurement officer, a
14		report of contracts that are related to the procurement of
15		supplies goods and services identified in this Section. At a
16		minimum, this report shall include the name of the contractor,
17		a description of the supply or service provided, the total
18		amount of the contract, the term of the contract, and the
19		exception to the Code utilized. A copy of any or all of these
20		contracts shall be made available to the chief procurement
21		officer immediately upon request. The chief procurement
22		officer shall submit a report to the Governor and General
23		Assembly no later than November 1 of each year that shall
24		include, at a minimum, an annual summary of the monthly
25		information reported to the chief procurement officer.
26		(c) (Blank). This Section is repealed December 31, 2016.

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1		(d) The General Assembly finds and declares that:
2		(1) This amendatory Act of the 100th General Assembly
3		manifests the intention of the General Assembly to remove
4		the repeal of this Section.
5		(2) This Section was originally enacted to protect,
6		promote, and preserve the general welfare. Any
7		construction of this Section that results in the repeal of
8		this Section on December 31, 2016 would be inconsistent
9		with the manifest intent of the General Assembly and
10		repugnant to the context of this Code.
11		It is hereby declared to have been the intent of the
12		General Assembly that this Section not be subject to repeal on
13		December 31, 2016.
14		This Section shall be deemed to have been in continuous
15		effect since August 3, 2012 (the effective date of Public Act
16		97-895), and it shall continue to be in effect henceforward
17		until it is otherwise lawfully repealed. All previously enacted
18		amendments to this Section taking effect on or after December
19		31, 2016, are hereby validated.
20		All actions taken in reliance on or pursuant to this
21		Section in the procurement of artistic or musical services are
22		hereby validated.
23		In order to ensure the continuing effectiveness of this
24		Section, it is set forth in full and re-enacted by this
25		amendatory Act of the 100th General Assembly. This re-enactment
26		is intended as a continuation of this Section. It is not

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1		intended to supersede any amendment to this Section that is
2		enacted by the 100th General Assembly.
3		In this amendatory Act of the 100th General Assembly, the
4		base text of this Section is set forth as amended by Public Act
5		98-1076. Striking and underscoring is used only to show changes
6		being made to the base text.
7		This Section applies to all procurements made on or before
8		the effective date of this amendatory Act of the 100th General
9		Assembly.
10		(Source: P.A. 97-895, eff. 8-3-12; 98-1076, eff. 1-1-15.)
11		(30 ILCS 500/1-13)
12		Sec. 1-13. Applicability to public institutions of higher
13		education.
14		(a) This Code shall apply to public institutions of higher
15		education, regardless of the source of the funds with which
16		contracts are paid, except as provided in this Section.
17		(b) Except as provided in this Section, this Code shall not
18		apply to procurements made by or on behalf of public
19		institutions of higher education for any of the following:
20		(1) Memberships in professional, academic, research,
21		or athletic organizations on behalf of a public institution
22		of higher education, an employee of a public institution of
23		higher education, or a student at a public institution of
24		higher education.
25		(2) Procurement expenditures for events or activities

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1		paid for exclusively by revenues generated by the event or
2		activity, gifts or donations for the event or activity,
3		private grants, or any combination thereof.
4		(3) Procurement expenditures for events or activities
5		for which the use of specific potential contractors is
6		mandated or identified by the sponsor of the event or
7		activity, provided that the sponsor is providing a majority
8		of the funding for the event or activity.
9		(4) Procurement expenditures necessary to provide
10		athletic, artistic or musical services, performances,
11		events, or productions held at a venue operated by or for a
12		public institution of higher education.
13		(5) Procurement expenditures for periodicals, and
14		books, subscriptions, database licenses, and other
15		publications procured for use by a university library or
16		academic department, except for expenditures related to
17		procuring textbooks for student use or materials for resale
18		or rental.
19		(6) Procurement expenditures for placement of students
20		in externships, practicums, field experiences, and for
21		medical residencies and rotations.
22		(7) Contracts for programming and broadcast license
23		rights for university-operated radio and television
24		stations.
25		(8) Procurement expenditures necessary to perform
26		sponsored research and other sponsored activities under

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1		grants and contracts funded by the sponsor or by sources
2		other than State appropriations.
3		(9) Contracts with a foreign entity for research or
4		educational activities, provided that the foreign entity
5		either does not maintain an office in the United States or
6		is the sole source of the service or product.
7		Notice of each contract entered into by a public institution of
8		higher education that is related to the procurement of goods
9		and services identified in items (1) through (9) (7) of this
10		subsection shall be published in the Procurement Bulletin
11		within 14 calendar days after contract execution. The Chief
12		Procurement Officer shall prescribe the form and content of the
13		notice. Each public institution of higher education shall
14		provide the Chief Procurement Officer, on a monthly basis, in
15		the form and content prescribed by the Chief Procurement
16		Officer, a report of contracts that are related to the
17		procurement of goods and services identified in this
18		subsection. At a minimum, this report shall include the name of
19		the contractor, a description of the supply or service
20		provided, the total amount of the contract, the term of the
21		contract, and the exception to the Code utilized. A copy of any
22		or all of these contracts shall be made available to the Chief
23		Procurement Officer immediately upon request. The Chief
24		Procurement Officer shall submit a report to the Governor and
25		General Assembly no later than November 1 of each year that
26		shall include, at a minimum, an annual summary of the monthly

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1		information reported to the Chief Procurement Officer.
2		(b-5) Except as provided in this subsection, the provisions
3		of this Code shall not apply to contracts for medical
4		FDA-regulated supplies, and to contracts for medical services
5		necessary for the delivery of care and treatment at medical,
6		dental, or veterinary teaching facilities utilized by Southern
7		Illinois University or the University of Illinois and at any
8		university-operated health care center or dispensary that
9		provides care, treatment, and medications for students,
10		faculty and staff. Other supplies and services needed for these
11		teaching facilities shall be subject to the jurisdiction of the
12		Chief Procurement Officer for Public Institutions of Higher
13		Education who may establish expedited procurement procedures
14		and may waive or modify certification, contract, hearing,
15		process and registration requirements required by the Code. All
16		procurements made under this subsection shall be documented and
17		may require publication in the Illinois Procurement Bulletin.
18		(c) Procurements made by or on behalf of public
19		institutions of higher education for the fulfillment of a grant
20		shall be made in accordance with the requirements of this Code
21		to the extent practical. any of the following shall be made in
22		accordance with the requirements of this Code to the extent
23		practical as provided in this subsection:
24		(1) Contracts with a foreign entity necessary for
25		research or educational activities, provided that the
26		foreign entity either does not maintain an office in the

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1		United States or is the sole source of the service or
2		product.
3		(2) (Blank).
4		(3) (Blank).
5		(4) Procurements required for fulfillment of a grant.
6		Upon the written request of a public institution of higher
7		education, the Chief Procurement Officer may waive contract,
8		registration, certification, and hearing requirements of this
9		Code if, based on the item to be procured or the terms of a
10		grant, compliance is impractical. The public institution of
11		higher education shall provide the Chief Procurement Officer
12		with specific reasons for the waiver, including the necessity
13		of contracting with a particular potential contractor, and
14		shall certify that an effort was made in good faith to comply
15		with the provisions of this Code. The Chief Procurement Officer
16		shall provide written justification for any waivers. By
17		November 1 of each year, the Chief Procurement Officer shall
18		file a report with the General Assembly identifying each
19		contract approved with waivers and providing the justification
20		given for any waivers for each of those contracts. Notice of
21		each waiver made under this subsection shall be published in
22		the Procurement Bulletin within 14 calendar days after contract
23		execution. The Chief Procurement Officer shall prescribe the
24		form and content of the notice.
25		(d) Notwithstanding this Section, a waiver of the
26		registration requirements of Section 20-160 does not permit a

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1		business entity and any affiliated entities or affiliated
2		persons to make campaign contributions if otherwise prohibited
3		by Section 50-37. The total amount of contracts awarded in
4		accordance with this Section shall be included in determining
5		the aggregate amount of contracts or pending bids of a business
6		entity and any affiliated entities or affiliated persons.
7		(e) Notwithstanding subsection (e) of Section 50-10.5 of
8		this Code, the Chief Procurement Officer, with the approval of
9		the Executive Ethics Commission, may permit a public
10		institution of higher education to accept a bid or enter into a
11		contract with a business that assisted the public institution
12		of higher education in determining whether there is a need for
13		a contract or assisted in reviewing, drafting, or preparing
14		documents related to a bid or contract, provided that the bid
15		or contract is essential to research administered by the public
16		institution of higher education and it is in the best interest
17		of the public institution of higher education to accept the bid
18		or contract. For purposes of this subsection, "business"
19		includes all individuals with whom a business is affiliated,
20		including, but not limited to, any officer, agent, employee,
21		consultant, independent contractor, director, partner,
22		manager, or shareholder of a business. The Executive Ethics
23		Commission may promulgate rules and regulations for the
24		implementation and administration of the provisions of this
25		subsection (e).
26		(f) As used in this Section:

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1		"Grant" means non-appropriated funding provided by a
2		federal or private entity to support a project or program
3		administered by a public institution of higher education and
4		any non-appropriated funding provided to a sub-recipient of the
5		grant.
6		"Public institution of higher education" means Chicago
7		State University, Eastern Illinois University, Governors State
8		University, Illinois State University, Northeastern Illinois
9		University, Northern Illinois University, Southern Illinois
10		University, University of Illinois, Western Illinois
11		University, and, for purposes of this Code only, the Illinois
12		Mathematics and Science Academy.
13		(g) (Blank). This Section is repealed on December 31, 2016.
14		(h) The General Assembly finds and declares that:
15		(1) Public Act 98-1076, which took effect on January 1,
16		2015, changed the repeal date set for this Section from
17		December 31, 2014 to December 31, 2016.
18		(2) The Statute on Statutes sets forth general rules on
19		the repeal of statutes and the construction of multiple
20		amendments, but Section 1 of that Act also states that
21		these rules will not be observed when the result would be
22		"inconsistent with the manifest intent of the General
23		Assembly or repugnant to the context of the statute".
24		(3) This amendatory Act of the 100th General Assembly
25		manifests the intention of the General Assembly to remove
26		the repeal of this Section.

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1		(4) This Section was originally enacted to protect,
2		promote, and preserve the general welfare. Any
3		construction of this Section that results in the repeal of
4		this Section on December 31, 2014 would be inconsistent
5		with the manifest intent of the General Assembly and
6		repugnant to the context of this Code.
7		It is hereby declared to have been the intent of the
8		General Assembly that this Section not be subject to repeal on
9		December 31, 2014.
10		This Section shall be deemed to have been in continuous
11		effect since December 20, 2011 (the effective date of Public
12		Act 97-643), and it shall continue to be in effect henceforward
13		until it is otherwise lawfully repealed. All previously enacted
14		amendments to this Section taking effect on or after December
15		31, 2014, are hereby validated.
16		All actions taken in reliance on or pursuant to this
17		Section by any public institution of higher education, person,
18		or entity are hereby validated.
19		In order to ensure the continuing effectiveness of this
20		Section, it is set forth in full and re-enacted by this
21		amendatory Act of the 100th General Assembly. This re-enactment
22		is intended as a continuation of this Section. It is not
23		intended to supersede any amendment to this Section that is
24		enacted by the 100th General Assembly.
25		In this amendatory Act of the 100th General Assembly, the
26		base text of the reenacted Section is set forth as amended by

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1		Public Act 98-1076. Striking and underscoring is used only to
2		show changes being made to the base text.
3		This Section applies to all procurements made on or before
4		the effective date of this amendatory Act of the 100th General
5		Assembly.
6		(Source: P.A. 97-643, eff. 12-20-11; 97-895, eff. 8-3-12;
7		98-1076, eff. 1-1-15.)
8		(30 ILCS 500/1-15.20)
9		Sec. 1-15.20. Construction, and construction-related, and
10		construction support services. "Construction" means building,
11		altering, repairing, improving, or demolishing any public
12		structure or building, or making improvements of any kind to
13		public real property. Construction does not include the routine
14		operation, routine repair, or routine maintenance of existing
15		structures, buildings, or real property.
16		"Construction-related services" means those services
17		including construction design, layout, inspection, support,
18		feasibility or location study, research, development,
19		planning, or other investigative study undertaken by a
20		construction agency concerning construction or potential
21		construction.
22		"Construction support" means all equipment, supplies, and
23		services that are necessary to the operation of a construction
24		agency's construction program. "Construction support" does not
25		include construction-related services.

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1		(Source: P.A. 90-572, eff. 2-6-98.)
2		(30 ILCS 500/1-15.40 new)
3		Sec. 1-15.40. Electronic procurement. "Electronic
4		procurement" means conducting all or some of the procurement
5		function over the Internet.
6		(30 ILCS 500/1-15.47 new)
7		Sec. 1-15.47. Master contract. "Master contract" means a
8		definite quantity, indefinite quantity, or requirements
9		contract awarded in accordance with this Code, against which
10		subsequent orders may be placed to meet the needs of a State
11		purchasing entity. A master contract may be for use by a single
12		State purchasing entity or for multiple State purchasing
13		entities and other entities as authorized under the
14		Governmental Joint Purchasing Act.
15		(30 ILCS 500/1-15.48 new)
16		Sec. 1-15.48. Multiple Award. "Multiple award" means an
17		award that is made to 2 or more bidders or offerors for similar
18		supplies, services, or construction-related services.
19		(30 ILCS 500/1-15.49 new)
20		Sec. 1-15.49. No-cost contract. "No-cost contract" means a
21		contract in which the State of Illinois does not make a payment
22		to or receive a payment from the vendor, but the vendor has the

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1		contractual authority to charge an entity other than the State
2		of Illinois for supplies or services at the State's contracted
3		rate to fulfill the State's mandated requirements.
4		(30 ILCS 500/5-5)
5		Sec. 5-5. Procurement Policy Board.
6		(a) Creation. There is created a Procurement Policy Board,
7		an agency of the State of Illinois.
8		(b) Authority and duties. The Board shall have the
9		authority and responsibility to review, comment upon, and
10		recommend, consistent with this Code, rules and practices
11		governing the procurement, management, control, and disposal
12		of supplies, services, professional or artistic services,
13		construction, and real property and capital improvement leases
14		procured by the State. The Board shall also have the authority
15		to recommend a program for professional development and provide
16		opportunities for training in procurement practices and
17		policies to chief procurement officers and their staffs in
18		order to ensure that all procurement is conducted in an
19		efficient, professional, and appropriately transparent manner.
20		Upon a three-fifths vote of its members, the Board may
21		review a contract. Upon a three-fifths vote of its members, the
22		Board may propose procurement rules for consideration by chief
23		procurement officers. These proposals shall be published in
24		each volume of the Procurement Bulletin. Except as otherwise
25		provided by law, the Board shall act upon the vote of a

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1		majority of its members who have been appointed and are
2		serving.
3		(b-5) Reviews, studies, and hearings. The Board may review,
4		study, and hold public hearings concerning the implementation
5		and administration of this Code. Each chief procurement
6		officer, State purchasing officer, procurement compliance
7		monitor, and State agency shall cooperate with the Board,
8		provide information to the Board, and be responsive to the
9		Board in the Board's conduct of its reviews, studies, and
10		hearings.
11		(c) Members. The Board shall consist of 5 members appointed
12		one each by the 4 legislative leaders and the Governor. Each
13		member shall have demonstrated sufficient business or
14		professional experience in the area of procurement to perform
15		the functions of the Board. No member may be a member of the
16		General Assembly.
17		(d) Terms. Of the initial appointees, the Governor shall
18		designate one member, as Chairman, to serve a one-year term,
19		the President of the Senate and the Speaker of the House shall
20		each appoint one member to serve 3-year terms, and the Minority
21		Leader of the House and the Minority Leader of the Senate shall
22		each appoint one member to serve 2-year terms. Subsequent terms
23		shall be 4 years. Members may be reappointed for succeeding
24		terms.
25		(e) Reimbursement. Members shall receive no compensation
26		but shall be reimbursed for any expenses reasonably incurred in

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1		the performance of their duties.
2		(f) Staff support. Upon a three-fifths vote of its members,
3		the Board may employ an executive director. Subject to
4		appropriation, the Board also may employ a reasonable and
5		necessary number of staff persons.
6		(g) Meetings. Meetings of the Board may be conducted
7		telephonically, electronically, or through the use of other
8		telecommunications. Written minutes of such meetings shall be
9		created and available for public inspection and copying.
10		(h) Procurement recommendations. Upon a three-fifths vote
11		of its members, the Board may review a proposal, bid, or
12		contract and issue a recommendation to void a contract or
13		reject a proposal or bid based on any violation of this Code or
14		the existence of a conflict of interest as described in
15		subsections (b) and (d) of Section 50-35. A chief procurement
16		officer or State purchasing officer shall notify the Board if
17		an alleged conflict of interest or violation of the Code is
18		identified, discovered, or reasonably suspected to exist. Any
19		person or entity may notify the Board of an alleged conflict of
20		interest or violation of the Code. A recommendation of the
21		Board shall be delivered to the appropriate chief procurement
22		officer and Executive Ethics Commission within 7 calendar days
23		and must be published in the next volume of the Procurement
24		Bulletin. In the event that an alleged conflict of interest or
25		violation of the Code that was not originally disclosed with
26		the bid, offer, or proposal is identified and filed with the

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1		Board, the Board shall provide written notice of the alleged
2		conflict of interest or violation to the bidder, offeror,
3		potential contractor, contractor, or subcontractor on that
4		contract. If the alleged conflict of interest or violation is
5		by the subcontractor, written notice shall also be provided to
6		the bidder, offeror, potential contractor, or contractor. The
7		bidder, offeror, potential contractor, contractor, or
8		subcontractor shall have 15 calendar days to provide a written
9		response to the notice, and a hearing before the Board on the
10		alleged conflict of interest or violation shall be held upon
11		request by the bidder, offeror, potential contractor,
12		contractor, or subcontractor. The requested hearing date and
13		time shall be determined by the Board, but in no event shall
14		the hearing occur later than 15 calendar days after the date of
15		the request.
16		(i) After providing notice and a hearing as required by
17		subsection (h), the Board shall refer any alleged violations of
18		this Code to the Executive Inspector General in addition to or
19		instead of issuing a recommendation to void a contract.
20		(j) Response. Each State agency shall respond promptly in
21		writing to all inquiries and comments of the Procurement Policy
22		Board.
23		(Source: P.A. 97-895, eff. 8-3-12; 98-1076, eff. 1-1-15.)
24		(30 ILCS 500/5-30)
25		Sec. 5-30. Proposed contracts; Procurement Policy Board.

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1		(a) Except as provided in subsection (c), within 14 30
2		calendar days after notice of the awarding or letting of a
3		contract has appeared in the Procurement Bulletin in accordance
4		with subsection (b) of Section 15-25, the Board may request in
5		writing from the contracting agency and the contracting agency
6		shall promptly, but in no event later than 7 calendar days
7		after receipt of the request, provide to the Board, by
8		electronic or other means satisfactory to the Board,
9		documentation in the possession of the contracting agency
10		concerning the proposed contract. Nothing in this subsection is
11		intended to waive or abrogate any privilege or right of
12		confidentiality authorized by law.
13		(b) No contract subject to this Section may be entered into
14		until the 14-day 30-day period described in subsection (a) has
15		expired, unless the contracting agency requests in writing that
16		the Board waive the period and the Board grants the waiver in
17		writing.
18		(c) This Section does not apply to (i) contracts entered
19		into under this Code for small and emergency procurements as
20		those procurements are defined in Article 20 and (ii) contracts
21		for professional and artistic services that are nonrenewable,
22		one year or less in duration, and have a value of less than
23		$20,000. If requested in writing by the Board, however, the
24		contracting agency must promptly, but in no event later than 10
25		calendar days after receipt of the request, transmit to the
26		Board a copy of the contract for an emergency procurement and

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1		documentation in the possession of the contracting agency
2		concerning the contract.
3		(Source: P.A. 98-1076, eff. 1-1-15.)
4		(30 ILCS 500/10-10)
5		Sec. 10-10. Independent State purchasing officers.
6		(a) The chief procurement officer shall appoint a State
7		purchasing officer for each agency that the chief procurement
8		officer is responsible for under Section 1-15.15. A State
9		purchasing officer shall be located in the State agency that
10		the officer serves but shall report to his or her respective
11		chief procurement officer. The State purchasing officer shall
12		have direct communication with agency staff assigned to assist
13		with any procurement process. At the direction of his or her
14		respective chief procurement officer, a State purchasing
15		officer shall have the authority to (i) review any contract or
16		contract amendment prior to execution to ensure that applicable
17		procurement and contracting standards were followed and (ii)
18		approve or reject contracts for a purchasing agency. If the
19		State purchasing officer provides written approval of the
20		contract, the head of the applicable State agency shall have
21		the authority to sign and enter into that contract. All actions
22		of a State purchasing officer are subject to review by a chief
23		procurement officer in accordance with procedures and policies
24		established by the chief procurement officer.
25		(a-5) A State purchasing officer may (i) attend any

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1		procurement meetings; (ii) access any records or files related
2		to procurement; (iii) submit reports to the chief procurement
3		officer on procurement issues; (iv) ensure the State agency is
4		maintaining appropriate records; and (v) ensure transparency
5		of the procurement process.
6		(a-10) If a State purchasing officer is aware of
7		misconduct, waste, or inefficiency with respect to State
8		procurement, the State purchasing officer shall advise the
9		State agency of the issue in writing. If the State agency does
10		not correct the issue, the State purchasing officer shall
11		report the problem, in writing, to the chief procurement
12		officer and appropriate Inspector General.
13		(b) In addition to any other requirement or qualification
14		required by State law, within 30 months after appointment, a
15		State purchasing officer must be a Certified Professional
16		Public Buyer or a Certified Public Purchasing Officer, pursuant
17		to certification by the Universal Public Purchasing
18		Certification Council or the Institute for Supply Management. A
19		State purchasing officer shall serve a term of 5 years
20		beginning on the date of the officer's appointment. A State
21		purchasing officer shall have an office located in the State
22		agency that the officer serves but shall report to the chief
23		procurement officer. A State purchasing officer may be removed
24		by a chief procurement officer for cause after a hearing by the
25		Executive Ethics Commission. The chief procurement officer or
26		executive officer of the State agency housing the State

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1		purchasing officer may institute a complaint against the State
2		purchasing officer by filing such a complaint with the
3		Commission and the Commission shall have a public hearing based
4		on the complaint. The State purchasing officer, chief
5		procurement officer, and executive officer of the State agency
6		shall receive notice of the hearing and shall be permitted to
7		present their respective arguments on the complaint. After the
8		hearing, the Commission shall make a non-binding
9		recommendation on whether the State purchasing officer shall be
10		removed. The salary of a State purchasing officer shall be
11		established by the chief procurement officer and may not be
12		diminished during the officer's term. In the absence of an
13		appointed State purchasing officer, the applicable chief
14		procurement officer shall exercise the procurement authority
15		created by this Code and may appoint a temporary acting State
16		purchasing officer.
17		(c) Each State purchasing officer owes a fiduciary duty to
18		the State.
19		(Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793
20		for the effective date of changes made by P.A. 96-795); 97-895,
21		eff. 8-3-12.)
22		(30 ILCS 500/10-15)
23		Sec. 10-15. Procurement compliance monitors.
24		(a) The Executive Ethics Commission may shall appoint
25		procurement compliance monitors to oversee and review the

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1		procurement processes. Each procurement compliance monitor
2		shall serve a term of 5 years beginning on the date of the
3		officer's appointment. Each procurement compliance monitor
4		appointed pursuant to this Section and serving a 5-year term on
5		the effective date of this amendatory Act of the 100th General
6		Assembly shall have an office located in the State agency that
7		the monitor serves but shall report to the appropriate chief
8		procurement officer in the performance of his or her duties
9		until the expiration of the monitor's term. The compliance
10		monitor shall have direct communications with the executive
11		officer of a State agency in exercising duties. A procurement
12		compliance monitor may be removed only for cause after a
13		hearing by the Executive Ethics Commission. The appropriate
14		chief procurement officer or executive officer of the State
15		agency served by housing the procurement compliance monitor may
16		institute a complaint against the procurement compliance
17		monitor with the Commission and the Commission shall hold a
18		public hearing based on the complaint. The procurement
19		compliance monitor, State purchasing officer, appropriate
20		chief procurement officer, and executive officer of the State
21		agency shall receive notice of the hearing and shall be
22		permitted to present their respective arguments on the
23		complaint. After the hearing, the Commission shall determine
24		whether the procurement compliance monitor shall be removed.
25		The salary of a procurement compliance monitor shall be
26		established by the Executive Ethics Commission and may not be

SB0008 Enrolled - 38 - LRB100 06368 MLM 16407 b
1		diminished during the officer's term.
2		(b) The procurement compliance monitor shall: (i) review
3		any procurement, contract, or contract amendment as directed by
4		the Executive Ethics Commission or a chief procurement officer;
5		and (ii) report any findings of the review, in writing, to the
6		Commission, the affected agency, the chief procurement officer
7		responsible for the affected agency, and any entity requesting
8		the review. The procurement compliance monitor may: (i) review
9		each contract or contract amendment prior to execution to
10		ensure that applicable procurement and contracting standards
11		were followed; (ii) attend any procurement meetings; (iii)
12		access any records or files related to procurement; (iv) issue
13		reports to the chief procurement officer on procurement issues
14		that present issues or that have not been corrected after
15		consultation with appropriate State officials; (v) ensure the
16		State agency is maintaining appropriate records; and (vi)
17		ensure transparency of the procurement process.
18		(c) If the procurement compliance monitor is aware of
19		misconduct, waste, or inefficiency with respect to State
20		procurement, the procurement compliance monitor shall advise
21		the State agency of the issue in writing. If the State agency
22		does not correct the issue, the monitor shall report the
23		problem, in writing, to the chief procurement officer and
24		Inspector General.
25		(d) Each procurement compliance monitor owes a fiduciary
26		duty to the State.

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1		(Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793
2		for the effective date of changes made by P.A. 96-795); 97-895,
3		eff. 8-3-12.)
4		(30 ILCS 500/10-30 new)
5		Sec. 10-30. Fiduciary duty. Each chief procurement
6		officer, State purchasing officer, and procurement compliance
7		monitor owe a fiduciary duty to the State.
8		(30 ILCS 500/15-25)
9		Sec. 15-25. Bulletin content.
10		(a) Invitations for bids. Notice of each and every contract
11		that is offered, including renegotiated contracts and change
12		orders, shall be published in the Bulletin. All businesses
13		listed on the Department of Transportation Disadvantaged
14		Business Enterprise Directory, the Department of Central
15		Management Services Business Enterprise Program, and the Chief
16		Procurement Office's Small Business Vendors Directory shall be
17		furnished written instructions and information on how to
18		register on each Procurement Bulletin maintained by the State.
19		Such information shall be provided to each business within 30
20		calendar days after the business' notice of certification. The
21		applicable chief procurement officer may provide by rule an
22		organized format for the publication of this information, but
23		in any case it must include at least the date first offered,
24		the date submission of offers is due, the location that offers

SB0008 Enrolled - 40 - LRB100 06368 MLM 16407 b
1		are to be submitted to, the purchasing State agency, the
2		responsible State purchasing officer, a brief purchase
3		description, the method of source selection, information of how
4		to obtain a comprehensive purchase description and any
5		disclosure and contract forms, and encouragement to potential
6		contractors to hire qualified veterans, as defined by Section
7		45-67 of this Code, and qualified Illinois minorities, women,
8		persons with disabilities, and residents discharged from any
9		Illinois adult correctional center.
10		(a-5) All businesses listed on the Illinois Unified
11		Certification Program Disadvantaged Business Enterprise
12		Directory, the Business Enterprise Program of the Department of
13		Central Management Services, and any small business database
14		created pursuant to Section 45-45 of this Code shall be
15		furnished written instructions and information on how to
16		register for the Illinois Procurement Bulletin. This
17		information shall be provided to each business within 30
18		calendar days after the business's notice of certification or
19		qualification.
20		(b) Contracts let. Notice of each and every contract that
21		is let, including renegotiated contracts and change orders,
22		shall be issued electronically to those bidders submitting
23		responses to the solicitations, inclusive of the unsuccessful
24		bidders, immediately upon contract let. Failure of any chief
25		procurement officer to give such notice shall result in tolling
26		the time for filing a bid protest up to 7 calendar days.

SB0008 Enrolled - 41 - LRB100 06368 MLM 16407 b
1		For purposes of this subsection (b), "contracts let" means
2		a construction agency's act of advertising an invitation for
3		bids for one or more construction projects.
4		(b-5) Contracts awarded. Notice of each and every contract
5		that is awarded, including renegotiated contracts and change
6		orders, shall be issued electronically to the successful
7		responsible bidder, offeror, or contractor and published in the
8		next available subsequent Bulletin. The applicable chief
9		procurement officer may provide by rule an organized format for
10		the publication of this information, but in any case it must
11		include at least all of the information specified in subsection
12		(a) as well as the name of the successful responsible bidder,
13		offeror, the contract price, the number of unsuccessful bidders
14		or offerors and any other disclosure specified in any Section
15		of this Code. This notice must be posted in the online
16		electronic Bulletin prior to execution of the contract.
17		For purposes of this subsection (b-5), "contract award"
18		means the determination that a particular bidder or offeror has
19		been selected from among other bidders or offerors to receive a
20		contract, subject to the successful completion of final
21		negotiations. "Contract award" is evidenced by the posting of a
22		Notice of Award or a Notice of Intent to Award to the
23		respective volume of the Illinois Procurement Bulletin.
24		(c) Emergency purchase disclosure. Any chief procurement
25		officer or State purchasing officer exercising emergency
26		purchase authority under this Code shall publish a written

SB0008 Enrolled - 42 - LRB100 06368 MLM 16407 b
1		description and reasons and the total cost, if known, or an
2		estimate if unknown and the name of the responsible chief
3		procurement officer and State purchasing officer, and the
4		business or person contracted with for all emergency purchases
5		in the next timely, practicable Bulletin. This notice must be
6		posted in the online electronic Bulletin no later than 5
7		calendar days after the contract is awarded. Notice of a
8		hearing to extend an emergency contract must be posted in the
9		online electronic Procurement Bulletin no later than 14
10		calendar days prior to the hearing.
11		(c-5) Business Enterprise Program report. Each purchasing
12		agency shall, with the assistance of the applicable chief
13		procurement officer, post in the online electronic Bulletin a
14		copy of its annual report of utilization of businesses owned by
15		minorities, females, and persons with disabilities as
16		submitted to the Business Enterprise Council for Minorities,
17		Females, and Persons with Disabilities pursuant to Section 6(c)
18		of the Business Enterprise for Minorities, Females, and Persons
19		with Disabilities Act within 10 calendar days after its
20		submission of its report to the Council.
21		(c-10) Renewals. Notice of each contract renewal shall be
22		posted in the online electronic Bulletin within 14 calendar
23		days of the determination to execute a renewal of the renew the
24		contract and the next available subsequent Bulletin. The notice
25		shall include at least all of the information required in
26		subsection (a) or (b), as applicable.

SB0008 Enrolled - 43 - LRB100 06368 MLM 16407 b
1		(c-15) Sole source procurements. Before entering into a
2		sole source contract, a chief procurement officer exercising
3		sole source procurement authority under this Code shall publish
4		a written description of intent to enter into a sole source
5		contract along with a description of the item to be procured
6		and the intended sole source contractor. This notice must be
7		posted in the online electronic Procurement Bulletin before a
8		sole source contract is awarded and at least 14 calendar days
9		before the hearing required by Section 20-25.
10		(d) Other required disclosure. The applicable chief
11		procurement officer shall provide by rule for the organized
12		publication of all other disclosure required in other Sections
13		of this Code in a timely manner.
14		(e) The changes to subsections (b), (c), (c-5), (c-10), and
15		(c-15) of this Section made by this amendatory Act of the 96th
16		General Assembly apply to reports submitted, offers made, and
17		notices on contracts executed on or after its effective date.
18		(f) Each chief procurement officer shall, in consultation
19		with the agencies under his or her jurisdiction, provide the
20		Procurement Policy Board with the information and resources
21		necessary, and in a manner, to effectuate the purpose of this
22		amendatory Act of the 96th General Assembly.
23		(Source: P.A. 97-895, eff. 8-3-12; 98-1038, eff. 8-25-14;
24		98-1076, eff. 1-1-15.)
25		(30 ILCS 500/15-30)

SB0008 Enrolled - 44 - LRB100 06368 MLM 16407 b
1		Sec. 15-30. Electronic Bulletin clearinghouse.
2		(a) The Procurement Policy Board shall maintain on its
3		official website a searchable database containing all
4		information required to be included in the Illinois Procurement
5		Bulletin under subsections (b), (c), (c-10), and (c-15) of
6		Section 15-25 and all information required to be disclosed
7		under Section 50-41. The posting of procurement information on
8		the website is subject to the same posting requirements as the
9		online electronic Bulletin.
10		(b) For the purposes of this Section, searchable means
11		searchable and sortable by awarded successful responsible
12		bidder, offeror, potential contractor, or contractor, for
13		emergency purchases, business or person contracted with; the
14		contract price or total cost; the service or supply good; the
15		purchasing State agency; and the date first offered or
16		announced.
17		(c) The applicable chief procurement officer shall provide
18		the Procurement Policy Board the information and resources
19		necessary, and in a manner, to effectuate the purpose of this
20		Section.
21		(Source: P.A. 97-895, eff. 8-3-12; 98-1076, eff. 1-1-15.)
22		(30 ILCS 500/20-10)
23		(Text of Section before amendment by P.A. 99-906)
24		(Text of Section from P.A. 96-159, 96-588, 97-96, 97-895,
25		and 98-1076)

SB0008 Enrolled - 45 - LRB100 06368 MLM 16407 b
1		Sec. 20-10. Competitive sealed bidding; reverse auction.
2		(a) Conditions for use. All contracts shall be awarded by
3		competitive sealed bidding except as otherwise provided in
4		Section 20-5.
5		(b) Invitation for bids. An invitation for bids shall be
6		issued and shall include a purchase description and the
7		material contractual terms and conditions applicable to the
8		procurement.
9		(c) Public notice. Public notice of the invitation for bids
10		shall be published in the Illinois Procurement Bulletin at
11		least 14 calendar days before the date set in the invitation
12		for the opening of bids.
13		(d) Bid opening. Bids shall be opened publicly or through
14		an electronic procurement system in the presence of one or more
15		witnesses at the time and place designated in the invitation
16		for bids. The name of each bidder, the amount of each bid, and
17		other relevant information as may be specified by rule shall be
18		recorded. After the award of the contract, the winning bid and
19		the record of each unsuccessful bid shall be open to public
20		inspection.
21		(e) Bid acceptance and bid evaluation. Bids shall be
22		unconditionally accepted without alteration or correction,
23		except as authorized in this Code. Bids shall be evaluated
24		based on the requirements set forth in the invitation for bids,
25		which may include criteria to determine acceptability such as
26		inspection, testing, quality, workmanship, delivery, and

SB0008 Enrolled - 46 - LRB100 06368 MLM 16407 b
1		suitability for a particular purpose. Those criteria that will
2		affect the bid price and be considered in evaluation for award,
3		such as discounts, transportation costs, and total or life
4		cycle costs, shall be objectively measurable. The invitation
5		for bids shall set forth the evaluation criteria to be used.
6		(f) Correction or withdrawal of bids. Correction or
7		withdrawal of inadvertently erroneous bids before or after
8		award, or cancellation of awards of contracts based on bid
9		mistakes, shall be permitted in accordance with rules. After
10		bid opening, no changes in bid prices or other provisions of
11		bids prejudicial to the interest of the State or fair
12		competition shall be permitted. All decisions to permit the
13		correction or withdrawal of bids based on bid mistakes shall be
14		supported by written determination made by a State purchasing
15		officer.
16		(g) Award. The contract shall be awarded with reasonable
17		promptness by written notice to the lowest responsible and
18		responsive bidder whose bid meets the requirements and criteria
19		set forth in the invitation for bids, except when a State
20		purchasing officer determines it is not in the best interest of
21		the State and by written explanation determines another bidder
22		shall receive the award. The explanation shall appear in the
23		appropriate volume of the Illinois Procurement Bulletin. The
24		written explanation must include:
25		(1) a description of the agency's needs;
26		(2) a determination that the anticipated cost will be

SB0008 Enrolled - 47 - LRB100 06368 MLM 16407 b
1		fair and reasonable;
2		(3) a listing of all responsible and responsive
3		bidders; and
4		(4) the name of the bidder selected, the total contract
5		price, and the reasons for selecting that bidder.
6		Each chief procurement officer may adopt guidelines to
7		implement the requirements of this subsection (g).
8		The written explanation shall be filed with the Legislative
9		Audit Commission and the Procurement Policy Board, and be made
10		available for inspection by the public, within 30 calendar days
11		after the agency's decision to award the contract.
12		(h) Multi-step sealed bidding. When it is considered
13		impracticable to initially prepare a purchase description to
14		support an award based on price, an invitation for bids may be
15		issued requesting the submission of unpriced offers to be
16		followed by an invitation for bids limited to those bidders
17		whose offers have been qualified under the criteria set forth
18		in the first solicitation.
19		(i) Alternative procedures. Notwithstanding any other
20		provision of this Act to the contrary, the Director of the
21		Illinois Power Agency may create alternative bidding
22		procedures to be used in procuring professional services under
23		subsection (a) of Section 1-75 and subsection (d) of Section
24		1-78 of the Illinois Power Agency Act and Section 16-111.5(c)
25		of the Public Utilities Act and to procure renewable energy
26		resources under Section 1-56 of the Illinois Power Agency Act.

SB0008 Enrolled - 48 - LRB100 06368 MLM 16407 b
1		These alternative procedures shall be set forth together with
2		the other criteria contained in the invitation for bids, and
3		shall appear in the appropriate volume of the Illinois
4		Procurement Bulletin.
5		(j) Reverse auction. Notwithstanding any other provision
6		of this Section and in accordance with rules adopted by the
7		chief procurement officer, that chief procurement officer may
8		procure supplies or services through a competitive electronic
9		auction bidding process after the chief procurement officer
10		determines that the use of such a process will be in the best
11		interest of the State. The chief procurement officer shall
12		publish that determination in his or her next volume of the
13		Illinois Procurement Bulletin.
14		An invitation for bids shall be issued and shall include
15		(i) a procurement description, (ii) all contractual terms,
16		whenever practical, and (iii) conditions applicable to the
17		procurement, including a notice that bids will be received in
18		an electronic auction manner.
19		Public notice of the invitation for bids shall be given in
20		the same manner as provided in subsection (c).
21		Bids shall be accepted electronically at the time and in
22		the manner designated in the invitation for bids. During the
23		auction, a bidder's price shall be disclosed to other bidders.
24		Bidders shall have the opportunity to reduce their bid prices
25		during the auction. At the conclusion of the auction, the
26		record of the bid prices received and the name of each bidder

SB0008 Enrolled - 49 - LRB100 06368 MLM 16407 b
1		shall be open to public inspection.
2		After the auction period has terminated, withdrawal of bids
3		shall be permitted as provided in subsection (f).
4		The contract shall be awarded within 60 calendar days after
5		the auction by written notice to the lowest responsible bidder,
6		or all bids shall be rejected except as otherwise provided in
7		this Code. Extensions of the date for the award may be made by
8		mutual written consent of the State purchasing officer and the
9		lowest responsible bidder.
10		This subsection does not apply to (i) procurements of
11		professional and artistic services, (ii) telecommunications
12		services, communication services, and information services,
13		and (iii) contracts for construction projects, including
14		design professional services.
15		(Source: P.A. 97-96, eff. 7-13-11; 97-895, eff. 8-3-12;
16		98-1076, eff. 1-1-15.)
17		(Text of Section from P.A. 96-159, 96-795, 97-96, 97-895,
18		and 98-1076)
19		Sec. 20-10. Competitive sealed bidding; reverse auction.
20		(a) Conditions for use. All contracts shall be awarded by
21		competitive sealed bidding except as otherwise provided in
22		Section 20-5.
23		(b) Invitation for bids. An invitation for bids shall be
24		issued and shall include a purchase description and the
25		material contractual terms and conditions applicable to the

SB0008 Enrolled - 50 - LRB100 06368 MLM 16407 b
1		procurement.
2		(c) Public notice. Public notice of the invitation for bids
3		shall be published in the Illinois Procurement Bulletin at
4		least 14 calendar days before the date set in the invitation
5		for the opening of bids.
6		(d) Bid opening. Bids shall be opened publicly or through
7		an electronic procurement system in the presence of one or more
8		witnesses at the time and place designated in the invitation
9		for bids. The name of each bidder, the amount of each bid, and
10		other relevant information as may be specified by rule shall be
11		recorded. After the award of the contract, the winning bid and
12		the record of each unsuccessful bid shall be open to public
13		inspection.
14		(e) Bid acceptance and bid evaluation. Bids shall be
15		unconditionally accepted without alteration or correction,
16		except as authorized in this Code. Bids shall be evaluated
17		based on the requirements set forth in the invitation for bids,
18		which may include criteria to determine acceptability such as
19		inspection, testing, quality, workmanship, delivery, and
20		suitability for a particular purpose. Those criteria that will
21		affect the bid price and be considered in evaluation for award,
22		such as discounts, transportation costs, and total or life
23		cycle costs, shall be objectively measurable. The invitation
24		for bids shall set forth the evaluation criteria to be used.
25		(f) Correction or withdrawal of bids. Correction or
26		withdrawal of inadvertently erroneous bids before or after

SB0008 Enrolled - 51 - LRB100 06368 MLM 16407 b
1		award, or cancellation of awards of contracts based on bid
2		mistakes, shall be permitted in accordance with rules. After
3		bid opening, no changes in bid prices or other provisions of
4		bids prejudicial to the interest of the State or fair
5		competition shall be permitted. All decisions to permit the
6		correction or withdrawal of bids based on bid mistakes shall be
7		supported by written determination made by a State purchasing
8		officer.
9		(g) Award. The contract shall be awarded with reasonable
10		promptness by written notice to the lowest responsible and
11		responsive bidder whose bid meets the requirements and criteria
12		set forth in the invitation for bids, except when a State
13		purchasing officer determines it is not in the best interest of
14		the State and by written explanation determines another bidder
15		shall receive the award. The explanation shall appear in the
16		appropriate volume of the Illinois Procurement Bulletin. The
17		written explanation must include:
18		(1) a description of the agency's needs;
19		(2) a determination that the anticipated cost will be
20		fair and reasonable;
21		(3) a listing of all responsible and responsive
22		bidders; and
23		(4) the name of the bidder selected, the total contract
24		price, and the reasons for selecting that bidder.
25		Each chief procurement officer may adopt guidelines to
26		implement the requirements of this subsection (g).

SB0008 Enrolled - 52 - LRB100 06368 MLM 16407 b
1		The written explanation shall be filed with the Legislative
2		Audit Commission and the Procurement Policy Board, and be made
3		available for inspection by the public, within 30 days after
4		the agency's decision to award the contract.
5		(h) Multi-step sealed bidding. When it is considered
6		impracticable to initially prepare a purchase description to
7		support an award based on price, an invitation for bids may be
8		issued requesting the submission of unpriced offers to be
9		followed by an invitation for bids limited to those bidders
10		whose offers have been qualified under the criteria set forth
11		in the first solicitation.
12		(i) Alternative procedures. Notwithstanding any other
13		provision of this Act to the contrary, the Director of the
14		Illinois Power Agency may create alternative bidding
15		procedures to be used in procuring professional services under
16		subsection (a) of Section 1-75 and subsection (d) of Section
17		1-78 of the Illinois Power Agency Act and Section 16-111.5(c)
18		of the Public Utilities Act and to procure renewable energy
19		resources under Section 1-56 of the Illinois Power Agency Act.
20		These alternative procedures shall be set forth together with
21		the other criteria contained in the invitation for bids, and
22		shall appear in the appropriate volume of the Illinois
23		Procurement Bulletin.
24		(j) Reverse auction. Notwithstanding any other provision
25		of this Section and in accordance with rules adopted by the
26		chief procurement officer, that chief procurement officer may

SB0008 Enrolled - 53 - LRB100 06368 MLM 16407 b
1		procure supplies or services through a competitive electronic
2		auction bidding process after the chief procurement officer
3		determines that the use of such a process will be in the best
4		interest of the State. The chief procurement officer shall
5		publish that determination in his or her next volume of the
6		Illinois Procurement Bulletin.
7		An invitation for bids shall be issued and shall include
8		(i) a procurement description, (ii) all contractual terms,
9		whenever practical, and (iii) conditions applicable to the
10		procurement, including a notice that bids will be received in
11		an electronic auction manner.
12		Public notice of the invitation for bids shall be given in
13		the same manner as provided in subsection (c).
14		Bids shall be accepted electronically at the time and in
15		the manner designated in the invitation for bids. During the
16		auction, a bidder's price shall be disclosed to other bidders.
17		Bidders shall have the opportunity to reduce their bid prices
18		during the auction. At the conclusion of the auction, the
19		record of the bid prices received and the name of each bidder
20		shall be open to public inspection.
21		After the auction period has terminated, withdrawal of bids
22		shall be permitted as provided in subsection (f).
23		The contract shall be awarded within 60 calendar days after
24		the auction by written notice to the lowest responsible bidder,
25		or all bids shall be rejected except as otherwise provided in
26		this Code. Extensions of the date for the award may be made by

SB0008 Enrolled - 54 - LRB100 06368 MLM 16407 b
1		mutual written consent of the State purchasing officer and the
2		lowest responsible bidder.
3		This subsection does not apply to (i) procurements of
4		professional and artistic services, (ii) telecommunications
5		services, communication services, and information services,
6		and (iii) contracts for construction projects, including
7		design professional services.
8		(Source: P.A. 97-96, eff. 7-13-11; 97-895, eff. 8-3-12;
9		98-1076, eff. 1-1-15.)
10		(Text of Section after amendment by P.A. 99-906)
11		(Text of Section from P.A. 96-159, 96-588, 97-96, 97-895,
12		98-1076, and 99-906)
13		Sec. 20-10. Competitive sealed bidding; reverse auction.
14		(a) Conditions for use. All contracts shall be awarded by
15		competitive sealed bidding except as otherwise provided in
16		Section 20-5.
17		(b) Invitation for bids. An invitation for bids shall be
18		issued and shall include a purchase description and the
19		material contractual terms and conditions applicable to the
20		procurement.
21		(c) Public notice. Public notice of the invitation for bids
22		shall be published in the Illinois Procurement Bulletin at
23		least 14 calendar days before the date set in the invitation
24		for the opening of bids.
25		(d) Bid opening. Bids shall be opened publicly or through

SB0008 Enrolled - 55 - LRB100 06368 MLM 16407 b
1		an electronic procurement system in the presence of one or more
2		witnesses at the time and place designated in the invitation
3		for bids. The name of each bidder, the amount of each bid, and
4		other relevant information as may be specified by rule shall be
5		recorded. After the award of the contract, the winning bid and
6		the record of each unsuccessful bid shall be open to public
7		inspection.
8		(e) Bid acceptance and bid evaluation. Bids shall be
9		unconditionally accepted without alteration or correction,
10		except as authorized in this Code. Bids shall be evaluated
11		based on the requirements set forth in the invitation for bids,
12		which may include criteria to determine acceptability such as
13		inspection, testing, quality, workmanship, delivery, and
14		suitability for a particular purpose. Those criteria that will
15		affect the bid price and be considered in evaluation for award,
16		such as discounts, transportation costs, and total or life
17		cycle costs, shall be objectively measurable. The invitation
18		for bids shall set forth the evaluation criteria to be used.
19		(f) Correction or withdrawal of bids. Correction or
20		withdrawal of inadvertently erroneous bids before or after
21		award, or cancellation of awards of contracts based on bid
22		mistakes, shall be permitted in accordance with rules. After
23		bid opening, no changes in bid prices or other provisions of
24		bids prejudicial to the interest of the State or fair
25		competition shall be permitted. All decisions to permit the
26		correction or withdrawal of bids based on bid mistakes shall be

SB0008 Enrolled - 56 - LRB100 06368 MLM 16407 b
1		supported by written determination made by a State purchasing
2		officer.
3		(g) Award. The contract shall be awarded with reasonable
4		promptness by written notice to the lowest responsible and
5		responsive bidder whose bid meets the requirements and criteria
6		set forth in the invitation for bids, except when a State
7		purchasing officer determines it is not in the best interest of
8		the State and by written explanation determines another bidder
9		shall receive the award. The explanation shall appear in the
10		appropriate volume of the Illinois Procurement Bulletin. The
11		written explanation must include:
12		(1) a description of the agency's needs;
13		(2) a determination that the anticipated cost will be
14		fair and reasonable;
15		(3) a listing of all responsible and responsive
16		bidders; and
17		(4) the name of the bidder selected, the total contract
18		price, and the reasons for selecting that bidder.
19		Each chief procurement officer may adopt guidelines to
20		implement the requirements of this subsection (g).
21		The written explanation shall be filed with the Legislative
22		Audit Commission and the Procurement Policy Board, and be made
23		available for inspection by the public, within 30 calendar days
24		after the agency's decision to award the contract.
25		(h) Multi-step sealed bidding. When it is considered
26		impracticable to initially prepare a purchase description to

SB0008 Enrolled - 57 - LRB100 06368 MLM 16407 b
1		support an award based on price, an invitation for bids may be
2		issued requesting the submission of unpriced offers to be
3		followed by an invitation for bids limited to those bidders
4		whose offers have been qualified under the criteria set forth
5		in the first solicitation.
6		(i) Alternative procedures. Notwithstanding any other
7		provision of this Act to the contrary, the Director of the
8		Illinois Power Agency may create alternative bidding
9		procedures to be used in procuring professional services under
10		Section 1-56, subsections (a) and (c) of Section 1-75 and
11		subsection (d) of Section 1-78 of the Illinois Power Agency Act
12		and Section 16-111.5(c) of the Public Utilities Act and to
13		procure renewable energy resources under Section 1-56 of the
14		Illinois Power Agency Act. These alternative procedures shall
15		be set forth together with the other criteria contained in the
16		invitation for bids, and shall appear in the appropriate volume
17		of the Illinois Procurement Bulletin.
18		(j) Reverse auction. Notwithstanding any other provision
19		of this Section and in accordance with rules adopted by the
20		chief procurement officer, that chief procurement officer may
21		procure supplies or services through a competitive electronic
22		auction bidding process after the chief procurement officer
23		determines that the use of such a process will be in the best
24		interest of the State. The chief procurement officer shall
25		publish that determination in his or her next volume of the
26		Illinois Procurement Bulletin.

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1		An invitation for bids shall be issued and shall include
2		(i) a procurement description, (ii) all contractual terms,
3		whenever practical, and (iii) conditions applicable to the
4		procurement, including a notice that bids will be received in
5		an electronic auction manner.
6		Public notice of the invitation for bids shall be given in
7		the same manner as provided in subsection (c).
8		Bids shall be accepted electronically at the time and in
9		the manner designated in the invitation for bids. During the
10		auction, a bidder's price shall be disclosed to other bidders.
11		Bidders shall have the opportunity to reduce their bid prices
12		during the auction. At the conclusion of the auction, the
13		record of the bid prices received and the name of each bidder
14		shall be open to public inspection.
15		After the auction period has terminated, withdrawal of bids
16		shall be permitted as provided in subsection (f).
17		The contract shall be awarded within 60 calendar days after
18		the auction by written notice to the lowest responsible bidder,
19		or all bids shall be rejected except as otherwise provided in
20		this Code. Extensions of the date for the award may be made by
21		mutual written consent of the State purchasing officer and the
22		lowest responsible bidder.
23		This subsection does not apply to (i) procurements of
24		professional and artistic services, (ii) telecommunications
25		services, communication services, and information services,
26		and (iii) contracts for construction projects, including

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1		design professional services.
2		(Source: P.A. 98-1076, eff. 1-1-15; 99-906, eff. 6-1-17.)
3		(Text of Section from P.A. 96-159, 96-795, 97-96, 97-895,
4		98-1076, and 99-906)
5		Sec. 20-10. Competitive sealed bidding; reverse auction.
6		(a) Conditions for use. All contracts shall be awarded by
7		competitive sealed bidding except as otherwise provided in
8		Section 20-5.
9		(b) Invitation for bids. An invitation for bids shall be
10		issued and shall include a purchase description and the
11		material contractual terms and conditions applicable to the
12		procurement.
13		(c) Public notice. Public notice of the invitation for bids
14		shall be published in the Illinois Procurement Bulletin at
15		least 14 calendar days before the date set in the invitation
16		for the opening of bids.
17		(d) Bid opening. Bids shall be opened publicly or through
18		an electronic procurement system in the presence of one or more
19		witnesses at the time and place designated in the invitation
20		for bids. The name of each bidder, the amount of each bid, and
21		other relevant information as may be specified by rule shall be
22		recorded. After the award of the contract, the winning bid and
23		the record of each unsuccessful bid shall be open to public
24		inspection.
25		(e) Bid acceptance and bid evaluation. Bids shall be

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1		unconditionally accepted without alteration or correction,
2		except as authorized in this Code. Bids shall be evaluated
3		based on the requirements set forth in the invitation for bids,
4		which may include criteria to determine acceptability such as
5		inspection, testing, quality, workmanship, delivery, and
6		suitability for a particular purpose. Those criteria that will
7		affect the bid price and be considered in evaluation for award,
8		such as discounts, transportation costs, and total or life
9		cycle costs, shall be objectively measurable. The invitation
10		for bids shall set forth the evaluation criteria to be used.
11		(f) Correction or withdrawal of bids. Correction or
12		withdrawal of inadvertently erroneous bids before or after
13		award, or cancellation of awards of contracts based on bid
14		mistakes, shall be permitted in accordance with rules. After
15		bid opening, no changes in bid prices or other provisions of
16		bids prejudicial to the interest of the State or fair
17		competition shall be permitted. All decisions to permit the
18		correction or withdrawal of bids based on bid mistakes shall be
19		supported by written determination made by a State purchasing
20		officer.
21		(g) Award. The contract shall be awarded with reasonable
22		promptness by written notice to the lowest responsible and
23		responsive bidder whose bid meets the requirements and criteria
24		set forth in the invitation for bids, except when a State
25		purchasing officer determines it is not in the best interest of
26		the State and by written explanation determines another bidder

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1		shall receive the award. The explanation shall appear in the
2		appropriate volume of the Illinois Procurement Bulletin. The
3		written explanation must include:
4		(1) a description of the agency's needs;
5		(2) a determination that the anticipated cost will be
6		fair and reasonable;
7		(3) a listing of all responsible and responsive
8		bidders; and
9		(4) the name of the bidder selected, the total contract
10		price, and the reasons for selecting that bidder.
11		Each chief procurement officer may adopt guidelines to
12		implement the requirements of this subsection (g).
13		The written explanation shall be filed with the Legislative
14		Audit Commission and the Procurement Policy Board, and be made
15		available for inspection by the public, within 30 days after
16		the agency's decision to award the contract.
17		(h) Multi-step sealed bidding. When it is considered
18		impracticable to initially prepare a purchase description to
19		support an award based on price, an invitation for bids may be
20		issued requesting the submission of unpriced offers to be
21		followed by an invitation for bids limited to those bidders
22		whose offers have been qualified under the criteria set forth
23		in the first solicitation.
24		(i) Alternative procedures. Notwithstanding any other
25		provision of this Act to the contrary, the Director of the
26		Illinois Power Agency may create alternative bidding

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1		procedures to be used in procuring professional services under
2		subsections (a) and (c) of Section 1-75 and subsection (d) of
3		Section 1-78 of the Illinois Power Agency Act and Section
4		16-111.5(c) of the Public Utilities Act and to procure
5		renewable energy resources under Section 1-56 of the Illinois
6		Power Agency Act. These alternative procedures shall be set
7		forth together with the other criteria contained in the
8		invitation for bids, and shall appear in the appropriate volume
9		of the Illinois Procurement Bulletin.
10		(j) Reverse auction. Notwithstanding any other provision
11		of this Section and in accordance with rules adopted by the
12		chief procurement officer, that chief procurement officer may
13		procure supplies or services through a competitive electronic
14		auction bidding process after the chief procurement officer
15		determines that the use of such a process will be in the best
16		interest of the State. The chief procurement officer shall
17		publish that determination in his or her next volume of the
18		Illinois Procurement Bulletin.
19		An invitation for bids shall be issued and shall include
20		(i) a procurement description, (ii) all contractual terms,
21		whenever practical, and (iii) conditions applicable to the
22		procurement, including a notice that bids will be received in
23		an electronic auction manner.
24		Public notice of the invitation for bids shall be given in
25		the same manner as provided in subsection (c).
26		Bids shall be accepted electronically at the time and in

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1		the manner designated in the invitation for bids. During the
2		auction, a bidder's price shall be disclosed to other bidders.
3		Bidders shall have the opportunity to reduce their bid prices
4		during the auction. At the conclusion of the auction, the
5		record of the bid prices received and the name of each bidder
6		shall be open to public inspection.
7		After the auction period has terminated, withdrawal of bids
8		shall be permitted as provided in subsection (f).
9		The contract shall be awarded within 60 calendar days after
10		the auction by written notice to the lowest responsible bidder,
11		or all bids shall be rejected except as otherwise provided in
12		this Code. Extensions of the date for the award may be made by
13		mutual written consent of the State purchasing officer and the
14		lowest responsible bidder.
15		This subsection does not apply to (i) procurements of
16		professional and artistic services, (ii) telecommunications
17		services, communication services, and information services,
18		and (iii) contracts for construction projects, including
19		design professional services.
20		(Source: P.A. 98-1076, eff. 1-1-15; 99-906, eff. 6-1-17.)
21		(30 ILCS 500/20-15)
22		Sec. 20-15. Competitive sealed proposals.
23		(a) Conditions for use. When provided under this Code or
24		under rules, or when the purchasing agency determines in
25		writing that the use of competitive sealed bidding is either

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1		not practicable or not advantageous to the State, a contract
2		may be entered into by competitive sealed proposals.
3		(b) Request for proposals. Proposals shall be solicited
4		through a request for proposals.
5		(c) Public notice. Public notice of the request for
6		proposals shall be published in the Illinois Procurement
7		Bulletin at least 14 calendar days before the date set in the
8		invitation for the opening of proposals.
9		(d) Receipt of proposals. Proposals shall be opened
10		publicly or via an electronic procurement system in the
11		presence of one or more witnesses at the time and place
12		designated in the request for proposals, but proposals shall be
13		opened in a manner to avoid disclosure of contents to competing
14		offerors during the process of negotiation. A record of
15		proposals shall be prepared and shall be open for public
16		inspection after contract award.
17		(e) Evaluation factors. The requests for proposals shall
18		state the relative importance of price and other evaluation
19		factors. Proposals shall be submitted in 2 parts: the first,
20		covering items except price; and the second, covering price.
21		The first part of all proposals shall be evaluated and ranked
22		independently of the second part of all proposals.
23		(f) Discussion with responsible offerors and revisions of
24		offers or proposals. As provided in the request for proposals
25		and under rules, discussions may be conducted with responsible
26		offerors who submit offers or proposals determined to be

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1		reasonably susceptible of being selected for award for the
2		purpose of clarifying and assuring full understanding of and
3		responsiveness to the solicitation requirements. Those
4		offerors shall be accorded fair and equal treatment with
5		respect to any opportunity for discussion and revision of
6		proposals. Revisions may be permitted after submission and
7		before award for the purpose of obtaining best and final
8		offers. In conducting discussions there shall be no disclosure
9		of any information derived from proposals submitted by
10		competing offerors. If information is disclosed to any offeror,
11		it shall be provided to all competing offerors.
12		(g) Award. Awards shall be made to the responsible offeror
13		whose proposal is determined in writing to be the most
14		advantageous to the State, taking into consideration price and
15		the evaluation factors set forth in the request for proposals.
16		The contract file shall contain the basis on which the award is
17		made.
18		(Source: P.A. 98-1076, eff. 1-1-15.)
19		(30 ILCS 500/20-20)
20		Sec. 20-20. Small purchases.
21		(a) Amount. Any individual procurement of supplies or
22		services other than professional or artistic services, not
23		exceeding $100,000 $10,000 and any procurement of construction
24		not exceeding $100,000, or any individual procurement of
25		professional or artistic services not exceeding $100,000

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1		$30,000 may be made without competitive source selection sealed
2		bidding. Procurements shall not be artificially divided so as
3		to constitute a small purchase under this Section. Any
4		procurement of construction not exceeding $100,000 may be made
5		by an alternative competitive source selection. The
6		construction agency shall establish rules for an alternative
7		competitive source selection process. This Section does not
8		apply to construction-related professional services contracts
9		awarded in accordance with the provisions of the Architectural,
10		Engineering, and Land Surveying Qualifications Based Selection
11		Act.
12		(b) Adjustment. Each July 1, the small purchase maximum
13		established in subsection (a) shall be adjusted for inflation
14		as determined by the Consumer Price Index for All Urban
15		Consumers as determined by the United States Department of
16		Labor and rounded to the nearest $100.
17		(c) Based upon rules proposed by the Board and rules
18		promulgated by the chief procurement officers, the small
19		purchase maximum established in subsection (a) may be modified.
20		(Source: P.A. 90-572, eff. date - See Sec. 99-5.)
21		(30 ILCS 500/20-25)
22		Sec. 20-25. Sole source procurements.
23		(a) In accordance with standards set by rule, contracts may
24		be awarded without use of the specified method of source
25		selection when there is only one economically feasible source

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1		for the item. A State contract may be awarded as a sole source
2		contract procurement unless an interested party submits a
3		written request for a public hearing at which the chief
4		procurement officer and purchasing agency present written
5		justification for the procurement method. Any interested party
6		may present testimony. A sole source contract where a hearing
7		was requested by an interested party may be awarded after the
8		hearing is conducted with the approval of the chief procurement
9		officer.
10		(b) This Section may not be used as a basis for amending a
11		contract for professional or artistic services if the amendment
12		would result in an increase in the amount paid under the
13		contract of more than 5% of the initial award, or would extend
14		the contract term beyond the time reasonably needed for a
15		competitive procurement, not to exceed 2 months.
16		(c) Notice of intent to enter into a sole source contract
17		shall be provided to the Procurement Policy Board and published
18		in the online electronic Bulletin at least 14 calendar days
19		before the public hearing required in subsection (a). The
20		notice shall include the sole source procurement justification
21		form prescribed by the Board, a description of the item to be
22		procured, the intended sole source contractor, and the date,
23		time, and location of the public hearing. A copy of the notice
24		and all documents provided at the hearing shall be included in
25		the subsequent Procurement Bulletin.
26		(d) By August 1 each year, each chief procurement officer

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1		shall file a report with the General Assembly identifying each
2		contract the officer sought under the sole source procurement
3		method and providing the justification given for seeking sole
4		source as the procurement method for each of those contracts.
5		(Source: P.A. 97-895, eff. 8-3-12; 98-1076, eff. 1-1-15.)
6		(30 ILCS 500/20-30)
7		Sec. 20-30. Emergency purchases.
8		(a) Conditions for use. In accordance with standards set by
9		rule, a purchasing agency may make emergency procurements
10		without competitive sealed bidding or prior notice when there
11		exists a threat to public health or public safety, or when
12		immediate expenditure is necessary for repairs to State
13		property in order to protect against further loss of or damage
14		to State property, to prevent or minimize serious disruption in
15		critical State services that affect health, safety, or
16		collection of substantial State revenues, or to ensure the
17		integrity of State records; provided, however, that the term of
18		the emergency purchase shall be limited to the time reasonably
19		needed for a competitive procurement, not to exceed 90 calendar
20		days. A contract may be extended beyond 90 calendar days if the
21		chief procurement officer determines additional time is
22		necessary and that the contract scope and duration are limited
23		to the emergency. Prior to execution of the extension, the
24		chief procurement officer must hold a public hearing and
25		provide written justification for all emergency contracts.

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1		Members of the public may present testimony. Emergency
2		procurements shall be made with as much competition as is
3		practicable under the circumstances. A written description of
4		the basis for the emergency and reasons for the selection of
5		the particular contractor shall be included in the contract
6		file.
7		(b) Notice. Notice of all emergency procurements shall be
8		provided to the Procurement Policy Board and published in the
9		online electronic Bulletin no later than 5 calendar days after
10		the contract is awarded. Notice of intent to extend an
11		emergency contract shall be provided to the Procurement Policy
12		Board and published in the online electronic Bulletin at least
13		14 calendar days before the public hearing. Notice shall
14		include at least a description of the need for the emergency
15		purchase, the contractor, and if applicable, the date, time,
16		and location of the public hearing. A copy of this notice and
17		all documents provided at the hearing shall be included in the
18		subsequent Procurement Bulletin. Before the next appropriate
19		volume of the Illinois Procurement Bulletin, the purchasing
20		agency shall publish in the Illinois Procurement Bulletin a
21		copy of each written description and reasons and the total cost
22		of each emergency procurement made during the previous month.
23		When only an estimate of the total cost is known at the time of
24		publication, the estimate shall be identified as an estimate
25		and published. When the actual total cost is determined, it
26		shall also be published in like manner before the 10th day of

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1		the next succeeding month.
2		(c) Statements Affidavits. A chief procurement officer
3		making a procurement under this Section shall file statements
4		affidavits with the Procurement Policy Board and the Auditor
5		General within 10 calendar days after the procurement setting
6		forth the amount expended, the name of the contractor involved,
7		and the conditions and circumstances requiring the emergency
8		procurement. When only an estimate of the cost is available
9		within 10 calendar days after the procurement, the actual cost
10		shall be reported immediately after it is determined. At the
11		end of each fiscal quarter, the Auditor General shall file with
12		the Legislative Audit Commission and the Governor a complete
13		listing of all emergency procurements reported during that
14		fiscal quarter. The Legislative Audit Commission shall review
15		the emergency procurements so reported and, in its annual
16		reports, advise the General Assembly of procurements that
17		appear to constitute an abuse of this Section.
18		(d) Quick purchases. The chief procurement officer may
19		promulgate rules extending the circumstances by which a
20		purchasing agency may make purchases under this Section,
21		including but not limited to the procurement of items available
22		at a discount for a limited period of time.
23		(e) The changes to this Section made by this amendatory Act
24		of the 96th General Assembly apply to procurements executed on
25		or after its effective date.
26		(Source: P.A. 98-1076, eff. 1-1-15.)

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1		(30 ILCS 500/20-43)
2		Sec. 20-43. Bidder or offeror authorized to transact
3		business or conduct affairs do business in Illinois. In
4		addition to meeting any other requirement of law or rule, a
5		person (other than an individual acting as a sole proprietor)
6		may qualify as a bidder or offeror under this Code only if the
7		person is a legal entity prior to submitting the bid, offer, or
8		proposal. The legal entity must be authorized to transact
9		business or conduct affairs in Illinois prior to execution of
10		the contract submitting the bid, offer, or proposal. This
11		Section shall not apply to construction contracts that are
12		subject to the requirements of Sections 30-20 and 33-10 of this
13		Code. The pre-qualification requirements of Sections 30-20 and
14		33-10 of this Code shall include the requirement that the
15		bidder be registered with the Secretary of State.
16		(Source: P.A. 98-1076, eff. 1-1-15.)
17		(30 ILCS 500/20-80)
18		Sec. 20-80. Contract files.
19		(a) Written determinations. All written determinations
20		required under this Article shall be placed in the contract
21		file maintained by the chief procurement officer.
22		(b) Filing with Comptroller. Whenever a grant, defined
23		pursuant to accounting standards established by the
24		Comptroller, or a contract liability, except for: (1) contracts

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1		paid from personal services, or (2) contracts between the State
2		and its employees to defer compensation in accordance with
3		Article 24 of the Illinois Pension Code, exceeding $20,000 is
4		incurred by any State agency, a copy of the contract, purchase
5		order, grant, or lease shall be filed with the Comptroller
6		within 30 calendar days thereafter. Beginning January 1, 2013,
7		the Comptroller may require that contracts and grants required
8		to be filed with the Comptroller under this Section shall be
9		filed electronically, unless the agency is incapable of filing
10		the contract or grant electronically because it does not
11		possess the necessary technology or equipment. Any State agency
12		that is incapable of electronically filing its contracts or
13		grants shall submit a written statement to the Governor and to
14		the Comptroller attesting to the reasons for its inability to
15		comply. This statement shall include a discussion of what the
16		State agency needs in order to effectively comply with this
17		Section. Prior to requiring electronic filing, the Comptroller
18		shall consult with the Governor as to the feasibility of
19		establishing mutually agreeable technical standards for the
20		electronic document imaging, storage, and transfer of
21		contracts and grants, taking into consideration the technology
22		available to that agency, best practices, and the technological
23		capabilities of State agencies. Nothing in this amendatory Act
24		of the 97th General Assembly shall be construed to impede the
25		implementation of an Enterprise Resource Planning (ERP)
26		system. For each State contract for goods, supplies, or

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1		services awarded on or after July 1, 2010, the contracting
2		agency shall provide the applicable rate and unit of
3		measurement of the goods, supplies, or services on the contract
4		obligation document as required by the Comptroller. If the
5		contract obligation document that is submitted to the
6		Comptroller contains the rate and unit of measurement of the
7		goods, supplies, or services, the Comptroller shall provide
8		that information on his or her official website. Any
9		cancellation or modification to any such contract liability
10		shall be filed with the Comptroller within 30 calendar days of
11		its execution.
12		(c) Late filing affidavit. When a contract, purchase order,
13		grant, or lease required to be filed by this Section has not
14		been filed within 30 calendar days of execution, the
15		Comptroller shall refuse to issue a warrant for payment
16		thereunder until the agency files with the Comptroller the
17		contract, purchase order, grant, or lease and an affidavit,
18		signed by the chief executive officer of the agency or his or
19		her designee, setting forth an explanation of why the contract
20		liability was not filed within 30 calendar days of execution. A
21		copy of this affidavit shall be filed with the Auditor General.
22		(d) Timely execution of contracts. Except as set forth in
23		subsection (b) of this Section, no No voucher shall be
24		submitted to the Comptroller for a warrant to be drawn for the
25		payment of money from the State treasury or from other funds
26		held by the State Treasurer on account of any contract unless

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1		the contract is reduced to writing before the services are
2		performed and filed with the Comptroller. Contractors Vendors
3		shall not be paid for any supplies goods that were received or
4		services that were rendered before the contract was reduced to
5		writing and signed by all necessary parties. A chief
6		procurement officer may request an exception to this subsection
7		by submitting a written statement to the Comptroller and
8		Treasurer setting forth the circumstances and reasons why the
9		contract could not be reduced to writing before the supplies
10		were received or services were performed. A waiver of this
11		subsection must be approved by the Comptroller and Treasurer.
12		This Section shall not apply to emergency purchases if notice
13		of the emergency purchase is filed with the Procurement Policy
14		Board and published in the Bulletin as required by this Code.
15		(e) Method of source selection. When a contract is filed
16		with the Comptroller under this Section, the Comptroller's file
17		shall identify the method of source selection used in obtaining
18		the contract.
19		(Source: P.A. 97-932, eff. 8-10-12; 98-1076, eff. 1-1-15.)
20		(30 ILCS 500/20-160)
21		Sec. 20-160. Business entities; certification;
22		registration with the State Board of Elections.
23		(a) For purposes of this Section, the terms "business
24		entity", "contract", "State contract", "contract with a State
25		agency", "State agency", "affiliated entity", and "affiliated

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1		person" have the meanings ascribed to those terms in Section
2		50-37.
3		(b) Every bid and offer submitted to and every contract
4		executed by the State on or after January 1, 2009 (the
5		effective date of Public Act 95-971) and every submission to a
6		vendor portal shall contain (1) a certification by the bidder,
7		offeror, vendor, or contractor that either (i) the bidder,
8		offeror, vendor, or contractor is not required to register as a
9		business entity with the State Board of Elections pursuant to
10		this Section or (ii) the bidder, offeror, vendor, or contractor
11		has registered as a business entity with the State Board of
12		Elections and acknowledges a continuing duty to update the
13		registration and (2) a statement that the contract is voidable
14		under Section 50-60 for the bidder's, offeror's, vendor's, or
15		contractor's failure to comply with this Section.
16		(c) Each business entity (i) whose aggregate bids and
17		proposals on State contracts annually total more than $50,000,
18		(ii) whose aggregate bids and proposals on State contracts
19		combined with the business entity's aggregate annual total
20		value of State contracts exceed $50,000, or (iii) whose
21		contracts with State agencies, in the aggregate, annually total
22		more than $50,000 shall register with the State Board of
23		Elections in accordance with Section 9-35 of the Election Code.
24		A business entity required to register under this subsection
25		due to item (i) or (ii) has a continuing duty to ensure that
26		the registration is accurate during the period beginning on the

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1		date of registration and ending on the day after the date the
2		contract is awarded; any change in information must be reported
3		to the State Board of Elections 5 business days following such
4		change or no later than a day before the contract is awarded,
5		whichever date is earlier. A business entity required to
6		register under this subsection due to item (iii) has a
7		continuing duty to ensure that the registration is accurate in
8		accordance with subsection (e).
9		(d) Any business entity, not required under subsection (c)
10		to register, whose aggregate bids and proposals on State
11		contracts annually total more than $50,000, or whose aggregate
12		bids and proposals on State contracts combined with the
13		business entity's aggregate annual total value of State
14		contracts exceed $50,000, shall register with the State Board
15		of Elections in accordance with Section 9-35 of the Election
16		Code prior to submitting to a State agency the bid or proposal
17		whose value causes the business entity to fall within the
18		monetary description of this subsection. A business entity
19		required to register under this subsection has a continuing
20		duty to ensure that the registration is accurate during the
21		period beginning on the date of registration and ending on the
22		day after the date the contract is awarded. Any change in
23		information must be reported to the State Board of Elections
24		within 5 business days following such change or no later than a
25		day before the contract is awarded, whichever date is earlier.
26		(e) A business entity whose contracts with State agencies,

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1		in the aggregate, annually total more than $50,000 must
2		maintain its registration under this Section and has a
3		continuing duty to ensure that the registration is accurate for
4		the duration of the term of office of the incumbent
5		officeholder awarding the contracts or for a period of 2 years
6		following the expiration or termination of the contracts,
7		whichever is longer. A business entity, required to register
8		under this subsection, has a continuing duty to report any
9		changes on a quarterly basis to the State Board of Elections
10		within 14 calendar days following the last day of January,
11		April, July, and October of each year. Any update pursuant to
12		this paragraph that is received beyond that date is presumed
13		late and the civil penalty authorized by subsection (e) of
14		Section 9-35 of the Election Code (10 ILCS 5/9-35) may be
15		assessed.
16		Also, if a business entity required to register under this
17		subsection has a pending bid or offer, any change in
18		information shall be reported to the State Board of Elections
19		within 7 calendar days following such change or no later than a
20		day before the contract is awarded, whichever date is earlier.
21		(f) A business entity's continuing duty under this Section
22		to ensure the accuracy of its registration includes the
23		requirement that the business entity notify the State Board of
24		Elections of any change in information, including but not
25		limited to changes of affiliated entities or affiliated
26		persons.

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1		(g) For any bid or offer for a contract with a State agency
2		by a business entity required to register under this Section,
3		the chief procurement officer shall verify that the business
4		entity is required to register under this Section and is in
5		compliance with the registration requirements on the date the
6		bid or offer is due. A chief procurement officer shall not
7		accept a bid or offer if the business entity is not in
8		compliance with the registration requirements as of the date
9		bids or offers are due. Upon discovery of noncompliance with
10		this Section, if the bidder or offeror made a good faith effort
11		to comply with registration efforts prior to the date the bid
12		or offer is due, a chief procurement officer may provide the
13		bidder or offeror 5 business days to achieve compliance. A
14		chief procurement officer may extend the time to prove
15		compliance by as long as necessary in the event that there is a
16		failure within the State Board of Election's registration
17		system.
18		(h) A registration, and any changes to a registration, must
19		include the business entity's verification of accuracy and
20		subjects the business entity to the penalties of the laws of
21		this State for perjury.
22		In addition to any penalty under Section 9-35 of the
23		Election Code, intentional, willful, or material failure to
24		disclose information required for registration shall render
25		the contract, bid, offer, or other procurement relationship
26		voidable by the chief procurement officer if he or she deems it

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1		to be in the best interest of the State of Illinois.
2		(i) This Section applies regardless of the method of source
3		selection used in awarding the contract.
4		(Source: P.A. 97-333, eff. 8-12-11; 97-895, eff. 8-3-12;
5		98-1076, eff. 1-1-15.)
6		(30 ILCS 500/25-35)
7		Sec. 25-35. Purchase of coal and postage stamps.
8		(a) Delivery of necessary supplies. To avoid interruption
9		or impediment of delivery of necessary supplies, commodities,
10		and coal, State purchasing officers may approve a State
11		agency's make purchases of or contracts for supplies and
12		commodities after April 30 of a fiscal year when delivery of
13		the supplies and commodities is to be made after June 30 of
14		that fiscal year and payment for which is to be made from
15		appropriations for the next fiscal year.
16		(b) Postage. All postage stamps purchased from State funds
17		must be perforated for identification purposes. A General
18		Assembly member may furnish the U.S. Post Office with a warrant
19		so as to allow for the creation or continuation of a bulk rate
20		mailing fund in the name of the General Assembly member or may
21		furnish a postage meter company or post office with a warrant
22		so as to facilitate the purchase of a postage meter and its
23		stamps. Any postage meter so purchased must also contain a
24		stamp that shall state "Official State Mail".
25		(Source: P.A. 90-572, eff. date - See Sec. 99-5.)

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1		(30 ILCS 500/25-85 new)
2		Sec. 25-85. Best value procurement.
3		(a) This Section shall apply only to purchases of heavy
4		mobile fleet vehicles and off-road construction equipment
5		procured by or on behalf of:
6		(1) institutions of higher education;
7		(2) the Department of Agriculture;
8		(3) the Department of Transportation; and
9		(4) the Department of Natural Resources.
10		(b) As used in this Section, "best value procurement" means
11		a contract award determined by objective criteria related to
12		price, features, functions, and life-cycle costs that may
13		include the following:
14		(1) total cost of ownership, including warranty, under
15		which all repair costs are borne solely by the warranty
16		provider; repair costs; maintenance costs; fuel
17		consumption; and salvage value;
18		(2) product performance, productivity, and safety
19		standards;
20		(3) the supplier's ability to perform to the contract
21		requirements; and
22		(4) environmental benefits, including reduction of
23		greenhouse gas emissions, reduction of air pollutant
24		emissions, or reduction of toxic or hazardous materials.
25		(c) The department or institution may enter into a contract

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1		for heavy mobile fleet vehicles and off-road construction
2		equipment for use by the department or institution by means of
3		best value procurement, using specifications and criteria
4		developed in consultation with the Chief Procurement Officer of
5		each designated department or institution and conducted in
6		accordance with Section 20-15 of this Code.
7		(d) In addition to disclosure of the minimum requirements
8		for qualification, the solicitation document shall specify
9		which business performance measures, in addition to price,
10		shall be given a weighted value. The solicitation shall include
11		a scoring method based on those factors and price in
12		determining the successful offeror. Any evaluation and scoring
13		method shall ensure substantial weight is given to the contract
14		price.
15		(e) Upon written request of any person who has submitted an
16		offer, notice of the award shall be posted in a public place in
17		the offices of the department or institution at least 24 hours
18		before executing the contract or purchase order. If, before
19		making an award, any offeror who has submitted a bid files a
20		protest with the department or institution against the awarding
21		of the contract or purchase order on the ground that his or her
22		offer should have been selected in accordance with the
23		selection criteria in the solicitation document, the contract
24		or purchase order shall not be awarded until either the protest
25		has been withdrawn or the appropriate Chief Procurement Officer
26		has made a final decision as to the action to be taken relative

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1		to the protest. Within 10 days after filing a protest, the
2		protesting offeror shall file with the Chief Procurement
3		Officer a full and complete written statement specifying in
4		detail the ground of the protest and the facts in support
5		thereof.
6		(f) The total annual value of vehicles and equipment
7		purchased through best value procurement pursuant to this
8		Section shall be limited to $20,000,000 per each department or
9		institution.
10		(g) Best value procurement shall only be used on
11		procurements first solicited on or before June 30, 2020.
12		(h) On or before January 1, 2021, the Chief Procurement
13		Officer of each designated department or institution shall
14		prepare an evaluation of the best value procurement pilot
15		program authorized by this Section, including a recommendation
16		on whether or not the process should be continued. The
17		evaluation shall be posted in the applicable volume or volumes
18		of the Illinois Procurement Bulletin on or before January 1,
19		2021.
20		(i) This Section is repealed on January 1, 2021.
21		(30 ILCS 500/35-15)
22		Sec. 35-15. Prequalification.
23		(a) The chief procurement officer for matters other than
24		construction and the higher education chief procurement
25		officer shall each develop appropriate and reasonable

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1		prequalification standards and categories of professional and
2		artistic services.
3		(b) The prequalifications and categorizations shall be
4		submitted to the Procurement Policy Board and published for
5		public comment prior to their submission to the Joint Committee
6		on Administrative Rules for approval.
7		(c) The chief procurement officer for matters other than
8		construction and the higher education chief procurement
9		officer shall each also assemble and maintain a comprehensive
10		list of prequalified and categorized businesses and persons.
11		(d) Prequalification shall not be used to bar or prevent
12		any qualified business or person from for bidding or responding
13		to invitations for bid or requests for proposal.
14		(Source: P.A. 95-481, eff. 8-28-07; 96-920, eff. 7-1-10.)
15		(30 ILCS 500/35-30)
16		Sec. 35-30. Awards.
17		(a) All State contracts for professional and artistic
18		services, except as provided in this Section, shall be awarded
19		using the competitive request for proposal process outlined in
20		this Section.
21		(b) For each contract offered, the chief procurement
22		officer, State purchasing officer, or his or her designee shall
23		use the appropriate standard solicitation forms available from
24		the chief procurement officer for matters other than
25		construction or the higher education chief procurement

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1		officer.
2		(c) Prepared forms shall be submitted to the chief
3		procurement officer for matters other than construction or the
4		higher education chief procurement officer, whichever is
5		appropriate, for publication in its Illinois Procurement
6		Bulletin and circulation to the chief procurement officer for
7		matters other than construction or the higher education chief
8		procurement officer's list of prequalified vendors. Notice of
9		the offer or request for proposal shall appear at least 14
10		calendar days before the response to the offer is due.
11		(d) All interested respondents shall return their
12		responses to the chief procurement officer for matters other
13		than construction or the higher education chief procurement
14		officer, whichever is appropriate, which shall open and record
15		them. The chief procurement officer for matters other than
16		construction or higher education chief procurement officer
17		then shall forward the responses, together with any information
18		it has available about the qualifications and other State work
19		of the respondents.
20		(e) After evaluation, ranking, and selection, the
21		responsible chief procurement officer, State purchasing
22		officer, or his or her designee shall notify the chief
23		procurement officer for matters other than construction or the
24		higher education chief procurement officer, whichever is
25		appropriate, of the successful respondent and shall forward a
26		copy of the signed contract for the chief procurement officer

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1		for matters other than construction or higher education chief
2		procurement officer's file. The chief procurement officer for
3		matters other than construction or higher education chief
4		procurement officer shall publish the names of the responsible
5		procurement decision-maker, the agency letting the contract,
6		the successful respondent, a contract reference, and value of
7		the let contract in the next appropriate volume of the Illinois
8		Procurement Bulletin.
9		(f) For all professional and artistic contracts with
10		annualized value that exceeds $100,000 $25,000, evaluation and
11		ranking by price are required. Any chief procurement officer or
12		State purchasing officer, but not their designees, may select a
13		respondent other than the lowest respondent by price. In any
14		case, when the contract exceeds the $100,000 $25,000 threshold
15		and the lowest respondent is not selected, the chief
16		procurement officer or the State purchasing officer shall
17		forward together with the contract notice of who the low
18		respondent by price was and a written decision as to why
19		another was selected to the chief procurement officer for
20		matters other than construction or the higher education chief
21		procurement officer, whichever is appropriate. The chief
22		procurement officer for matters other than construction or
23		higher education chief procurement officer shall publish as
24		provided in subsection (e) of Section 35-30, but shall include
25		notice of the chief procurement officer's or State purchasing
26		officer's written decision.

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1		(g) The chief procurement officer for matters other than
2		construction and higher education chief procurement officer
3		may each refine, but not contradict, this Section by
4		promulgating rules for submission to the Procurement Policy
5		Board and then to the Joint Committee on Administrative Rules.
6		Any refinement shall be based on the principles and procedures
7		of the federal Architect-Engineer Selection Law, Public Law
8		92-582 Brooks Act, and the Architectural, Engineering, and Land
9		Surveying Qualifications Based Selection Act; except that
10		pricing shall be an integral part of the selection process.
11		(Source: P.A. 98-1076, eff. 1-1-15.)
12		(30 ILCS 500/35-35)
13		Sec. 35-35. Exceptions.
14		(a) Exceptions to Section 35-30 are allowed for sole source
15		procurements, emergency procurements, and at the discretion of
16		the chief procurement officer or the State purchasing officer,
17		but not their designees, for professional and artistic
18		contracts that are nonrenewable, one year or less in duration,
19		and have a value of less than $100,000 $20,000.
20		(b) All exceptions granted under this Article must still be
21		submitted to the chief procurement officer for matters other
22		than construction or the higher education chief procurement
23		officer, whichever is appropriate, and published as provided
24		for in subsection (f) of Section 35-30, shall name the
25		authorizing chief procurement officer or State purchasing

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1		officer, and shall include a brief explanation of the reason
2		for the exception.
3		(Source: P.A. 95-481, eff. 8-28-07; 96-920, eff. 7-1-10.)
4		(30 ILCS 500/40-30)
5		Sec. 40-30. Purchase option. Leases Initial leases of all
6		space in entire, free-standing buildings shall include an
7		option to purchase exercisable exerciseable by the State,
8		unless the purchasing officer determines that inclusion of such
9		purchase option is not in the State's best interest and makes
10		that determination in writing along with the reasons for making
11		that determination and publishes the written determination in
12		the appropriate volume of the Illinois Procurement Bulletin.
13		Leases from governmental units and not-for-profit entities are
14		exempt from the requirements of this Section.
15		(Source: P.A. 90-572, eff. date - See Sec. 99-5; revised
16		9-9-16.)
17		(30 ILCS 500/45-15)
18		Sec. 45-15. Soybean oil-based ink and vegetable oil-based
19		ink.
20		(a) As used in this Section:
21		"Digital printing" means a printing method which includes,
22		but is not limited to, the electrostatic process of
23		transferring ink or toner to a substrate. This process may
24		involve the use of photo imaging plates, photoreceptor drums,

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1		or belts which hold an electrostatic charge. "Digital printing"
2		is also defined as a process of transferring ink through a
3		print head directly to a substrate, as is done with ink-jet
4		printers.
5		"Offset printing" means lithography, flexography, gravure,
6		or letterpress. "Offset printing" involves the process of
7		transferring ink through static or fixed image plates using an
8		impact method of pressing ink into a substrate.
9		(b) Contracts requiring the procurement of offset printing
10		services shall specify the use of soybean oil-based ink or
11		vegetable oil-based ink unless a State purchasing officer
12		determines that another type of ink is required to assure high
13		quality and reasonable pricing of the printed product.
14		This Section does not apply to digital printing services.
15		(Source: P.A. 90-572, eff. date - See Sec. 99-5.)
16		(30 ILCS 500/45-30)
17		Sec. 45-30. Illinois Correctional Industries.
18		Notwithstanding anything to the contrary in other law, each the
19		chief procurement officer appointed pursuant to paragraph (4)
20		of subsection (a) of Section 10-20 shall, in consultation with
21		Illinois Correctional Industries, a division of the Illinois
22		Department of Corrections (referred to as the "Illinois
23		Correctional Industries" or "ICI") determine for all State
24		agencies under their respective jurisdictions which articles,
25		materials, industry related services, food stuffs, and

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1		finished goods that are produced or manufactured by persons
2		confined in institutions and facilities of the Department of
3		Corrections who are participating in Illinois Correctional
4		Industries programs shall be purchased from Illinois
5		Correctional Industries. Each The chief procurement officer
6		appointed pursuant to paragraph (4) of subsection (a) of
7		Section 10-20 shall develop and distribute to the appropriate
8		various purchasing and using agencies a listing of all Illinois
9		Correctional Industries products and procedures for
10		implementing this Section.
11		(Source: P.A. 98-1076, eff. 1-1-15.)
12		(30 ILCS 500/45-45)
13		Sec. 45-45. Small businesses.
14		(a) Set-asides. Each chief procurement officer has
15		authority to designate as small business set-asides a fair
16		proportion of construction, supply, and service contracts for
17		award to small businesses in Illinois. Advertisements for bids
18		or offers for those contracts shall specify designation as
19		small business set-asides. In awarding the contracts, only bids
20		or offers from qualified small businesses shall be considered.
21		(b) Small business. "Small business" means a business that
22		is independently owned and operated and that is not dominant in
23		its field of operation. The chief procurement officer shall
24		establish a detailed definition by rule, using in addition to
25		the foregoing criteria other criteria, including the number of

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1		employees and the dollar volume of business. When computing the
2		size status of a potential contractor, annual sales and
3		receipts of the potential contractor and all of its affiliates
4		shall be included. The maximum number of employees and the
5		maximum dollar volume that a small business may have under the
6		rules promulgated by the chief procurement officer may vary
7		from industry to industry to the extent necessary to reflect
8		differing characteristics of those industries, subject to the
9		following limitations:
10		(1) No wholesale business is a small business if its
11		annual sales for its most recently completed fiscal year
12		exceed $13,000,000.
13		(2) No retail business or business selling services is
14		a small business if its annual sales and receipts exceed
15		$8,000,000.
16		(3) No manufacturing business is a small business if it
17		employs more than 250 persons.
18		(4) No construction business is a small business if its
19		annual sales and receipts exceed $14,000,000.
20		(c) Fair proportion. For the purpose of subsection (a), for
21		State agencies of the executive branch, a fair proportion of
22		construction contracts shall be no less than 25% nor more than
23		40% of the annual total contracts for construction.
24		(d) Withdrawal of designation. A small business set-aside
25		designation may be withdrawn by the purchasing agency when
26		deemed in the best interests of the State. Upon withdrawal, all

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1		bids or offers shall be rejected, and the bidders or offerors
2		shall be notified of the reason for rejection. The contract
3		shall then be awarded in accordance with this Code without the
4		designation of small business set-aside.
5		(e) Small business specialist. Each The chief procurement
6		officer shall designate one or more individuals a State
7		purchasing officer who will be responsible for engaging an
8		experienced contract negotiator to serve as its small business
9		specialist. The small business specialists shall collectively
10		work together to accomplish the following duties , whose duties
11		shall include:
12		(1) Compiling and maintaining a comprehensive list of
13		potential small contractors. In this duty, he or she shall
14		cooperate with the Federal Small Business Administration
15		in locating potential sources for various products and
16		services.
17		(2) Assisting small businesses in complying with the
18		procedures for bidding on State contracts.
19		(3) Examining requests from State agencies for the
20		purchase of property or services to help determine which
21		invitations to bid are to be designated small business
22		set-asides.
23		(4) Making recommendations to the chief procurement
24		officer for the simplification of specifications and terms
25		in order to increase the opportunities for small business
26		participation.

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1		(5) Assisting in investigations by purchasing agencies
2		to determine the responsibility of bidders or offerors on
3		small business set-asides.
4		(f) Small business annual report. Each small business
5		specialist The State purchasing officer designated under
6		subsection (e) shall annually before November December 1 report
7		in writing to the General Assembly concerning the awarding of
8		contracts to small businesses. The report shall include the
9		total value of awards made in the preceding fiscal year under
10		the designation of small business set-aside. The report shall
11		also include the total value of awards made to businesses owned
12		by minorities, females, and persons with disabilities, as
13		defined in the Business Enterprise for Minorities, Females, and
14		Persons with Disabilities Act, in the preceding fiscal year
15		under the designation of small business set-aside.
16		The requirement for reporting to the General Assembly shall
17		be satisfied by filing copies of the report as required by
18		Section 3.1 of the General Assembly Organization Act.
19		(Source: P.A. 98-1076, eff. 1-1-15.)
20		(30 ILCS 500/45-57)
21		Sec. 45-57. Veterans.
22		(a) Set-aside goal. It is the goal of the State to promote
23		and encourage the continued economic development of small
24		businesses owned and controlled by qualified veterans and that
25		qualified service-disabled veteran-owned small businesses

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1		(referred to as SDVOSB) and veteran-owned small businesses
2		(referred to as VOSB) participate in the State's procurement
3		process as both prime contractors and subcontractors. Not less
4		than 3% of the total dollar amount of State contracts, as
5		defined by the Director of Central Management Services, shall
6		be established as a goal to be awarded to SDVOSB and VOSB. That
7		portion of a contract under which the contractor subcontracts
8		with a SDVOSB or VOSB may be counted toward the goal of this
9		subsection. The Department of Central Management Services
10		shall adopt rules to implement compliance with this subsection
11		by all State agencies.
12		(b) Fiscal year reports. By each November September 1, each
13		chief procurement officer shall report to the Department of
14		Central Management Services on all of the following for the
15		immediately preceding fiscal year, and by each March 1 the
16		Department of Central Management Services shall compile and
17		report that information to the General Assembly:
18		(1) The total number of VOSB, and the number of SDVOSB,
19		who submitted bids for contracts under this Code.
20		(2) The total number of VOSB, and the number of SDVOSB,
21		who entered into contracts with the State under this Code
22		and the total value of those contracts.
23		(c) Yearly review and recommendations. Each year, each
24		chief procurement officer shall review the progress of all
25		State agencies under its jurisdiction in meeting the goal
26		described in subsection (a), with input from statewide

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1		veterans' service organizations and from the business
2		community, including businesses owned by qualified veterans,
3		and shall make recommendations to be included in the Department
4		of Central Management Services' report to the General Assembly
5		regarding continuation, increases, or decreases of the
6		percentage goal. The recommendations shall be based upon the
7		number of businesses that are owned by qualified veterans and
8		on the continued need to encourage and promote businesses owned
9		by qualified veterans.
10		(d) Governor's recommendations. To assist the State in
11		reaching the goal described in subsection (a), the Governor
12		shall recommend to the General Assembly changes in programs to
13		assist businesses owned by qualified veterans.
14		(e) Definitions. As used in this Section:
15		"Armed forces of the United States" means the United States
16		Army, Navy, Air Force, Marine Corps, Coast Guard, or service in
17		active duty as defined under 38 U.S.C. Section 101. Service in
18		the Merchant Marine that constitutes active duty under Section
19		401 of federal Public Act 95-202 shall also be considered
20		service in the armed forces for purposes of this Section.
21		"Certification" means a determination made by the Illinois
22		Department of Veterans' Affairs and the Department of Central
23		Management Services that a business entity is a qualified
24		service-disabled veteran-owned small business or a qualified
25		veteran-owned small business for whatever purpose. A SDVOSB or
26		VOSB owned and controlled by females, minorities, or persons

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1		with disabilities, as those terms are defined in Section 2 of
2		the Business Enterprise for Minorities, Females, and Persons
3		with Disabilities Act, may also select and designate whether
4		that business is to be certified as a "female-owned business",
5		"minority-owned business", or "business owned by a person with
6		a disability", as defined in Section 2 of the Business
7		Enterprise for Minorities, Females, and Persons with
8		Disabilities Act.
9		"Control" means the exclusive, ultimate, majority, or sole
10		control of the business, including but not limited to capital
11		investment and all other financial matters, property,
12		acquisitions, contract negotiations, legal matters,
13		officer-director-employee selection and comprehensive hiring,
14		operation responsibilities, cost-control matters, income and
15		dividend matters, financial transactions, and rights of other
16		shareholders or joint partners. Control shall be real,
17		substantial, and continuing, not pro forma. Control shall
18		include the power to direct or cause the direction of the
19		management and policies of the business and to make the
20		day-to-day as well as major decisions in matters of policy,
21		management, and operations. Control shall be exemplified by
22		possessing the requisite knowledge and expertise to run the
23		particular business, and control shall not include simple
24		majority or absentee ownership.
25		"Qualified service-disabled veteran" means a veteran who
26		has been found to have 10% or more service-connected disability

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1		by the United States Department of Veterans Affairs or the
2		United States Department of Defense.
3		"Qualified service-disabled veteran-owned small business"
4		or "SDVOSB" means a small business (i) that is at least 51%
5		owned by one or more qualified service-disabled veterans living
6		in Illinois or, in the case of a corporation, at least 51% of
7		the stock of which is owned by one or more qualified
8		service-disabled veterans living in Illinois; (ii) that has its
9		home office in Illinois; and (iii) for which items (i) and (ii)
10		are factually verified annually by the Department of Central
11		Management Services.
12		"Qualified veteran-owned small business" or "VOSB" means a
13		small business (i) that is at least 51% owned by one or more
14		qualified veterans living in Illinois or, in the case of a
15		corporation, at least 51% of the stock of which is owned by one
16		or more qualified veterans living in Illinois; (ii) that has
17		its home office in Illinois; and (iii) for which items (i) and
18		(ii) are factually verified annually by the Department of
19		Central Management Services.
20		"Service-connected disability" means a disability incurred
21		in the line of duty in the active military, naval, or air
22		service as described in 38 U.S.C. 101(16).
23		"Small business" means a business that has annual gross
24		sales of less than $75,000,000 as evidenced by the federal
25		income tax return of the business. A firm with gross sales in
26		excess of this cap may apply to the Department of Central

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1		Management Services for certification for a particular
2		contract if the firm can demonstrate that the contract would
3		have significant impact on SDVOSB or VOSB as suppliers or
4		subcontractors or in employment of veterans or
5		service-disabled veterans.
6		"State agency" has the meaning provided in Section 1-15.100
7		of this Code same meaning as in Section 2 of the Business
8		Enterprise for Minorities, Females, and Persons with
9		Disabilities Act.
10		"Time of hostilities with a foreign country" means any
11		period of time in the past, present, or future during which a
12		declaration of war by the United States Congress has been or is
13		in effect or during which an emergency condition has been or is
14		in effect that is recognized by the issuance of a Presidential
15		proclamation or a Presidential executive order and in which the
16		armed forces expeditionary medal or other campaign service
17		medals are awarded according to Presidential executive order.
18		"Veteran" means a person who (i) has been a member of the
19		armed forces of the United States or, while a citizen of the
20		United States, was a member of the armed forces of allies of
21		the United States in time of hostilities with a foreign country
22		and (ii) has served under one or more of the following
23		conditions: (a) the veteran served a total of at least 6
24		months; (b) the veteran served for the duration of hostilities
25		regardless of the length of the engagement; (c) the veteran was
26		discharged on the basis of hardship; or (d) the veteran was

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1		released from active duty because of a service connected
2		disability and was discharged under honorable conditions.
3		(f) Certification program. The Illinois Department of
4		Veterans' Affairs and the Department of Central Management
5		Services shall work together to devise a certification
6		procedure to assure that businesses taking advantage of this
7		Section are legitimately classified as qualified
8		service-disabled veteran-owned small businesses or qualified
9		veteran-owned small businesses.
10		(g) Penalties.
11		(1) Administrative penalties. The chief procurement
12		officers appointed pursuant to Section 10-20 shall suspend
13		any person who commits a violation of Section 17-10.3 or
14		subsection (d) of Section 33E-6 of the Criminal Code of
15		2012 relating to this Section from bidding on, or
16		participating as a contractor, subcontractor, or supplier
17		in, any State contract or project for a period of not less
18		than 3 years, and, if the person is certified as a
19		service-disabled veteran-owned small business or a
20		veteran-owned small business, then the Department shall
21		revoke the business's certification for a period of not
22		less than 3 years. An additional or subsequent violation
23		shall extend the periods of suspension and revocation for a
24		period of not less than 5 years. The suspension and
25		revocation shall apply to the principals of the business
26		and any subsequent business formed or financed by, or

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1		affiliated with, those principals.
2		(2) Reports of violations. Each State agency shall
3		report any alleged violation of Section 17-10.3 or
4		subsection (d) of Section 33E-6 of the Criminal Code of
5		2012 relating to this Section to the chief procurement
6		officers appointed pursuant to Section 10-20. The chief
7		procurement officers appointed pursuant to Section 10-20
8		shall subsequently report all such alleged violations to
9		the Attorney General, who shall determine whether to bring
10		a civil action against any person for the violation.
11		(3) List of suspended persons. The chief procurement
12		officers appointed pursuant to Section 10-20 shall monitor
13		the status of all reported violations of Section 17-10.3 or
14		subsection (d) of Section 33E-6 of the Criminal Code of
15		1961 or the Criminal Code of 2012 relating to this Section
16		and shall maintain and make available to all State agencies
17		a central listing of all persons that committed violations
18		resulting in suspension.
19		(4) Use of suspended persons. During the period of a
20		person's suspension under paragraph (1) of this
21		subsection, a State agency shall not enter into any
22		contract with that person or with any contractor using the
23		services of that person as a subcontractor.
24		(5) Duty to check list. Each State agency shall check
25		the central listing provided by the chief procurement
26		officers appointed pursuant to Section 10-20 under

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1		paragraph (3) of this subsection to verify that a person
2		being awarded a contract by that State agency, or to be
3		used as a subcontractor or supplier on a contract being
4		awarded by that State agency, is not under suspension
5		pursuant to paragraph (1) of this subsection.
6		(Source: P.A. 97-260, eff. 8-5-11; 97-1150, eff. 1-25-13;
7		98-307, eff. 8-12-13; 98-1076, eff. 1-1-15.)
8		(30 ILCS 500/45-90 new)
9		Sec. 45-90. Small business contracts.
10		(a) Not less than 10% of the total dollar amount of State
11		contracts shall be established as a goal to be awarded as a
12		contract or subcontract to small businesses.
13		(b) The percentage in subsection (a) relates to the total
14		dollar amount of State contracts during each State fiscal year,
15		calculated by examining independently each type of contract for
16		each State official or agency which lets such contracts.
17		(c) Each State agency shall file with its chief procurement
18		officer an annual compliance plan which shall outline the goals
19		for contracting with small businesses for the then-current
20		fiscal year, the manner in which the agency intends to reach
21		these goals, and a timetable for reaching these goals. The
22		chief procurement officer shall review and approve the plan of
23		the agency and may reject any plan that does not comply with
24		this Section.
25		(d) Each State agency shall file with its chief procurement

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1		officer an annual report of its utilization of small businesses
2		during the preceding fiscal year, including lapse period
3		spending and a mid-fiscal year report of its utilization to
4		date for the then-current fiscal year. The reports shall
5		include a self-evaluation of the efforts of the State official
6		or agency to meet its goals.
7		(e) The chief procurement officers shall make public
8		presentations, at least once a year, directed at providing
9		information to small businesses about the contracting process
10		and how to apply for contracts or subcontracts.
11		(f) Each chief procurement officer shall file, no later
12		than November 1 of each year, an annual report with the
13		Governor and the General Assembly that shall include, but need
14		not be limited to, the following:
15		(1) a summary of the number of contracts awarded and
16		the average contract amount by each State official or
17		agency; and
18		(2) an analysis of the level of overall goal
19		achievement concerning purchases from small businesses.
20		(g) Each chief procurement officer may adopt rules to
21		implement and administer this Section.
22		(30 ILCS 500/50-2)
23		Sec. 50-2. Continuing disclosure; false certification.
24		Every person that has entered into a multi-year contract for
25		more than one year in duration for the initial term or for any

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1		renewal term and every subcontractor with a multi-year
2		subcontract shall certify, by January July 1 of each fiscal
3		year covered by the contract after the initial fiscal year, to
4		the responsible chief procurement officer or, if the
5		procurement is under the authority of a chief procurement
6		officer, the applicable procurement officer of any changes that
7		affect its ability whether it continues to satisfy the
8		requirements of this Article pertaining to eligibility for a
9		contract award. If a contractor or subcontractor continues to
10		meet all requirements of this Article, it shall not be required
11		to submit any certification or if the work under the contract
12		has been substantially completed before contract expiration
13		but the contract has not yet expired. If a contractor or
14		subcontractor is not able to truthfully certify that it
15		continues to meet all requirements, it shall provide with its
16		certification a detailed explanation of the circumstances
17		leading to the change in certification status. A contractor or
18		subcontractor that makes a false statement material to any
19		given certification required under this Article is, in addition
20		to any other penalties or consequences prescribed by law,
21		subject to liability under the Illinois False Claims Act for
22		submission of a false claim.
23		(Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793
24		for the effective date of P.A. 96-795); 96-1304, eff. 7-27-10.)
25		(30 ILCS 500/50-10)

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1		Sec. 50-10. Felons.
2		(a) Unless otherwise provided, no person or business
3		convicted of a felony shall do business with the State of
4		Illinois or any State agency, or enter into a subcontract, from
5		the date of conviction until 5 years after the date of
6		completion of the sentence for that felony, unless no person
7		held responsible by a prosecutorial office for the facts upon
8		which the conviction was based continues to have any
9		involvement with the business.
10		For purposes of this subsection (a), "completion of
11		sentence" means completion of all sentencing related to the
12		felony conviction or admission and includes, but is not limited
13		to, the following: incarceration, mandatory supervised
14		release, probation, work release, house arrest, or commitment
15		to a mental facility.
16		(b) Every bid or offer submitted to the State, every
17		contract executed by the State, every subcontract subject to
18		Section 20-120 of this Code, and every vendor's submission to a
19		vendor portal shall contain a certification by the bidder,
20		offeror, potential contractor, contractor, or subcontractor,
21		respectively, that the bidder, offeror, potential contractor,
22		contractor, or subcontractor is not barred from being awarded a
23		contract or subcontract under this Section and acknowledges
24		that the chief procurement officer may declare the related
25		contract void if any of the certifications required by this
26		Section are false. If the false certification is made by a

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1		subcontractor, then the contractor's submitted bid or offer and
2		the executed contract may not be declared void, unless the
3		contractor refuses to terminate the subcontract upon the
4		State's request after a finding that the subcontract's
5		certification was false.
6		(Source: P.A. 97-895, eff. 8-3-12; 98-1076, eff. 1-1-15.)
7		(30 ILCS 500/50-10.5)
8		Sec. 50-10.5. Prohibited bidders, offerors, potential
9		contractors, and contractors.
10		(a) Unless otherwise provided, no business shall bid,
11		offer, enter into a contract or subcontract under this Code, or
12		make a submission to a vendor portal if the business or any
13		officer, director, partner, or other managerial agent of the
14		business has been convicted of a felony under the
15		Sarbanes-Oxley Act of 2002 or a Class 3 or Class 2 felony under
16		the Illinois Securities Law of 1953 for a period of 5 years
17		from the date of conviction.
18		(b) Every bid and offer submitted to the State, every
19		contract executed by the State, every vendor's submission to a
20		vendor portal, and every subcontract subject to Section 20-120
21		of this Code shall contain a certification by the bidder,
22		offeror, potential contractor, contractor, or subcontractor,
23		respectively, that the bidder, offeror, potential contractor,
24		contractor, or subcontractor is not barred from being awarded a
25		contract or subcontract under this Section and acknowledges

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1		that the chief procurement officer shall declare the related
2		contract void if any of the certifications completed pursuant
3		to this subsection (b) are false. If the false certification is
4		made by a subcontractor, then the contractor's submitted bid or
5		offer and the executed contract may not be declared void,
6		unless the contractor refuses to terminate the subcontract upon
7		the State's request after a finding that the subcontract's
8		certification was false.
9		(c) If a business is not a natural person, the prohibition
10		in subsection (a) applies only if:
11		(1) the business itself is convicted of a felony
12		referenced in subsection (a); or
13		(2) the business is ordered to pay punitive damages
14		based on the conduct of any officer, director, partner, or
15		other managerial agent who has been convicted of a felony
16		referenced in subsection (a).
17		(d) A natural person who is convicted of a felony
18		referenced in subsection (a) remains subject to Section 50-10.
19		(e) No person or business shall bid, offer, make a
20		submission to a vendor portal, or enter into a contract under
21		this Code if the person or business assisted an employee of the
22		State of Illinois, who, by the nature of his or her duties, has
23		the authority to participate personally and substantially in
24		the decision to award a State contract, by reviewing, drafting,
25		directing, or preparing any invitation for bids, a request for
26		proposal, or request for information or provided similar

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1		assistance except as part of a publicly issued opportunity to
2		review drafts of all or part of these documents.
3		This subsection does not prohibit a person or business from
4		submitting a bid or offer or entering into a contract if the
5		person or business: (i) initiates a communication with an
6		employee to provide general information about products,
7		services, or industry best practices, and, if applicable, that
8		communication is documented in accordance with Section 50-39 or
9		(ii) responds to a communication initiated by an employee of
10		the State for the purposes of providing information to evaluate
11		new products, trends, services, or technologies, or (iii) asks
12		for clarification regarding a solicitation, so long as there is
13		no competitive advantage to the person or business and the
14		question and answer, if material, are posted to the Illinois
15		Procurement Bulletin as an addendum to the solicitation.
16		Nothing in this Section prohibits a vendor developing
17		technology, goods, or services from bidding or offering to
18		supply that technology or those goods or services if the
19		subject demonstrated to the State represents industry trends
20		and innovation and is not specifically designed to meet the
21		State's needs.
22		Nothing in this Section prohibits a person performing
23		construction-related services from initiating contact with a
24		business that performs construction for the purpose of
25		obtaining market costs or production time to determine the
26		estimated costs to complete the construction project.

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1		For purposes of this subsection (e), "business" includes
2		all individuals with whom a business is affiliated, including,
3		but not limited to, any officer, agent, employee, consultant,
4		independent contractor, director, partner, or manager of a
5		business.
6		No person or business shall submit specifications to a
7		State agency unless requested to do so by an employee of the
8		State. No person or business who contracts with a State agency
9		to write specifications for a particular procurement need shall
10		submit a bid or proposal or receive a contract for that
11		procurement need.
12		(Source: P.A. 97-895, eff. 8-3-12; 98-1076, eff. 1-1-15.)
13		(30 ILCS 500/50-39)
14		Sec. 50-39. Procurement communications reporting
15		requirement.
16		(a) Any written or oral communication received by a State
17		employee who, by the nature of his or her duties, has the
18		authority to participate personally and substantially in the
19		decision to award a State contract and that imparts or requests
20		material information or makes a material argument regarding
21		potential action concerning an active procurement matter,
22		including, but not limited to, an application, a contract, or a
23		project, shall be reported to the Procurement Policy Board,
24		and, with respect to the Illinois Power Agency, by the
25		initiator of the communication, and may be reported also by the

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1		recipient.
2		Any person communicating orally, in writing,
3		electronically, or otherwise with the Director or any person
4		employed by, or associated with, the Illinois Power Agency to
5		impart, solicit, or transfer any information related to the
6		content of any power procurement plan, the manner of conducting
7		any power procurement process, the procurement of any power
8		supply, or the method or structure of contracting with power
9		suppliers must disclose to the Procurement Policy Board the
10		full nature, content, and extent of any such communication in
11		writing by submitting a report with the following information:
12		(1) The names of any party to the communication.
13		(2) The date on which the communication occurred.
14		(3) The time at which the communication occurred.
15		(4) The duration of the communication.
16		(5) The method (written, oral, etc.) of the
17		communication.
18		(6) A summary of the substantive content of the
19		communication.
20		These communications do not include the following: (i)
21		statements by a person publicly made in a public forum; (ii)
22		statements regarding matters of procedure and practice, such as
23		format, the number of copies required, the manner of filing,
24		and the status of a matter; (iii) statements made by a State
25		employee of the agency to the agency head or other employees of
26		that agency, to the employees of the Executive Ethics

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1		Commission, or to an employee of another State agency who,
2		through the communication, is either (a) exercising his or her
3		experience or expertise in the subject matter of the particular
4		procurement in the normal course of business, for official
5		purposes, and at the initiation of the purchasing agency or the
6		appropriate State purchasing officer, or (b) exercising
7		oversight, supervisory, or management authority over the
8		procurement in the normal course of business and as part of
9		official responsibilities; (iv) unsolicited communications
10		providing general information about products, services, or
11		industry best practices before those products or services
12		become involved in a procurement matter; (v) communications
13		received in response to procurement solicitations, including,
14		but not limited to, vendor responses to a request for
15		information, request for proposal, request for qualifications,
16		invitation for bid, or a small purchase, sole source, or
17		emergency solicitation, or questions and answers posted to the
18		Illinois Procurement Bulletin to supplement the procurement
19		action, provided that the communications are made in accordance
20		with the instructions contained in the procurement
21		solicitation, procedures, or guidelines; (vi) communications
22		that are privileged, protected, or confidential under law; and
23		(vii) communications that are part of a formal procurement
24		process as set out by statute, rule, or the solicitation,
25		guidelines, or procedures, including, but not limited to, the
26		posting of procurement opportunities, the process for

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1		approving a procurement business case or its equivalent, fiscal
2		approval, submission of bids, the finalizing of contract terms
3		and conditions with an awardee or apparent awardee, and similar
4		formal procurement processes. The provisions of this Section
5		shall not apply to communications regarding the administration
6		and implementation of an existing contract, except
7		communications regarding change orders or the renewal or
8		extension of a contract.
9		The reporting requirement does not apply to any
10		communication asking for clarification regarding a contract
11		solicitation so long as there is no competitive advantage to
12		the person or business and the question and answer, if
13		material, are posted to the Illinois Procurement Bulletin as an
14		addendum to the contract solicitation.
15		(b) The report required by subsection (a) shall be
16		submitted monthly and include at least the following: (i) the
17		date and time of each communication; (ii) the identity of each
18		person from whom the written or oral communication was
19		received, the individual or entity represented by that person,
20		and any action the person requested or recommended; (iii) the
21		identity and job title of the person to whom each communication
22		was made; (iv) if a response is made, the identity and job
23		title of the person making each response; (v) a detailed
24		summary of the points made by each person involved in the
25		communication; (vi) the duration of the communication; (vii)
26		the location or locations of all persons involved in the

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1		communication and, if the communication occurred by telephone,
2		the telephone numbers for the callers and recipients of the
3		communication; and (viii) any other pertinent information. No
4		trade secrets or other proprietary or confidential information
5		shall be included in any communication reported to the
6		Procurement Policy Board.
7		(c) Additionally, when an oral communication made by a
8		person required to register under the Lobbyist Registration Act
9		is received by a State employee that is covered under this
10		Section, all individuals who initiate or participate in the
11		oral communication shall submit a written report to that State
12		employee that memorializes the communication and includes, but
13		is not limited to, the items listed in subsection (b).
14		(d) The Procurement Policy Board shall make each report
15		submitted pursuant to this Section available on its website
16		within 7 calendar days after its receipt of the report. The
17		Procurement Policy Board may promulgate rules to ensure
18		compliance with this Section.
19		(e) The reporting requirements shall also be conveyed
20		through ethics training under the State Officials and Employees
21		Ethics Act. An employee who knowingly and intentionally
22		violates this Section shall be subject to suspension or
23		discharge. The Executive Ethics Commission shall promulgate
24		rules, including emergency rules, to implement this Section.
25		(f) This Section becomes operative on January 1, 2011.
26		(g) For purposes of this Section:

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1		"Active procurement matter" means a procurement process
2		beginning with requisition or determination of need by an
3		agency and continuing through the publication of an award
4		notice or other completion of a final procurement action, the
5		resolution of any protests, and the expiration of any protest
6		or Procurement Policy Board review period, if applicable.
7		"Active procurement matter" also includes communications
8		relating to change orders, renewals, or extensions.
9		"Material information" means information that a reasonable
10		person would deem important in determining his or her course of
11		action and pertains to significant issues, including, but not
12		limited to, price, quantity, and terms of payment or
13		performance.
14		"Material argument" means a communication that a
15		reasonable person would believe was made for the purpose of
16		influencing a decision relating to a procurement matter.
17		"Material argument" does not include general information about
18		products, services, or industry best practices or a response to
19		a communication initiated by an employee of the State for the
20		purposes of providing information to evaluate new products,
21		trends, services, or technologies.
22		(Source: P.A. 97-333, eff. 8-12-11; 97-618, eff. 10-26-11;
23		97-895, eff. 8-3-12; 98-1076, eff. 1-1-15.)
24		(30 ILCS 500/50-40)
25		Sec. 50-40. Reporting and anticompetitive practices. When,

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1		for any reason, any vendor, bidder, offeror, potential
2		contractor, contractor, chief procurement officer, State
3		purchasing officer, designee, elected official, or State
4		employee suspects collusion or other anticompetitive practice
5		among any bidders, offerors, potential contractors,
6		contractors, or employees of the State, a notice of the
7		relevant facts shall be transmitted to the appropriate
8		Inspector General, the Attorney General, and the chief
9		procurement officer.
10		(Source: P.A. 98-1076, eff. 1-1-15.)
11		(30 ILCS 500/50-45)
12		Sec. 50-45. Confidentiality. Any chief procurement
13		officer, State purchasing officer, designee, or executive
14		officer, or State employee who willfully uses or allows the use
15		of specifications, competitive solicitation documents,
16		proprietary competitive information, contracts, or selection
17		information to compromise the fairness or integrity of the
18		procurement or contract process shall be subject to immediate
19		dismissal, regardless of the Personnel Code, any contract, or
20		any collective bargaining agreement, and may in addition be
21		subject to criminal prosecution.
22		(Source: P.A. 98-1076, eff. 1-1-15.)
23		(30 ILCS 500/53-10)
24		Sec. 53-10. Concessions and leases of State property and

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1		no-cost contracts.
2		(a) Except for property under the jurisdiction of a public
3		institution of higher education, concessions, including the
4		assignment, license, sale, or transfer of interests in or
5		rights to discoveries, inventions, patents, or copyrightable
6		works, may be entered into by the State agency with
7		jurisdiction over the property, whether tangible or
8		intangible.
9		(b) Except for property under the jurisdiction of a public
10		institution of higher education, all leases of State property
11		and concessions shall be reduced to writing and shall be
12		awarded under the provisions of Article 20, except that the
13		contract shall be awarded to the highest bidder or and best
14		bidder or offeror when the State receives a lease payment, a
15		percentage of sales from the lessee, or in-kind support from
16		the lessee based on the return to the State.
17		(c) Except for property under the jurisdiction of a public
18		institution of higher education, all no-cost procurements
19		shall be reduced to writing and shall be awarded under the
20		provisions of Article 20 of this Code. All awards of no-cost
21		procurements shall identify the estimated business value to the
22		lessee and the value to the State.
23		(Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793
24		for the effective date of changes made by P.A. 96-795).)
25		(30 ILCS 503/Act rep.)

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1		Section 20. The Small Business Contracts Act is repealed.
2		Section 25. The Governmental Joint Purchasing Act is
3		amended by changing Sections 1, 2, 3, 4, and 4.2 and by adding
4		Sections 1.1 and 4.05 as follows:
5		(30 ILCS 525/1)  (from Ch. 85, par. 1601)
6		Sec. 1. Definitions. For the purposes of this Act,
7		"Governmental governmental unit" means State of Illinois,
8		any State agency as defined in Section 1-15.100 of the Illinois
9		Procurement Code, officers of the State of Illinois, any public
10		authority which has the power to tax, or any other public
11		entity created by statute.
12		"Master contract" means a definite quantity or indefinite
13		quantity contract awarded pursuant to this Act against which
14		subsequent orders may be placed to meet the needs of a
15		governmental unit or qualified not-for-profit agency.
16		"Multiple award" means an award that is made to 2 or more
17		bidders or offerors for similar supplies or services.
18		(Source: P.A. 98-1076, eff. 1-1-15.)
19		(30 ILCS 525/1.1 new)
20		Sec. 1.1. Joint purchasing programs. Each chief
21		procurement officer may establish a joint purchasing program
22		and a cooperative purchasing program.

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1		(30 ILCS 525/2)  (from Ch. 85, par. 1602)
2		Sec. 2. Joint purchasing authority.
3		(a) Any governmental unit, except a governmental unit
4		subject to the jurisdiction of a chief procurement officer
5		established in Section 10-20 of the Illinois Procurement Code,
6		may purchase personal property, supplies and services jointly
7		with one or more other governmental units. All such joint
8		purchases shall be by competitive solicitation as provided in
9		Section 4 of this Act , except as otherwise provided in this
10		Act. The provisions of any other acts under which a
11		governmental unit operates which refer to purchases and
12		procedures in connection therewith shall be superseded by the
13		provisions of this Act when the governmental units are
14		exercising the joint powers created by this Act.
15		(a-5) For purchases made by a governmental unit subject to
16		the jurisdiction of a chief procurement officer established in
17		Section 10-20 of the Illinois Procurement Code, the applicable
18		A chief procurement officer established in Section 10-20 of the
19		Illinois Procurement Code may authorize the purchase of
20		personal property, supplies, and services jointly with a
21		governmental unit entity of this State, governmental entity of
22		or another state, or with a consortium of governmental entities
23		of one or more other states, except as otherwise provided in
24		this Act. Subject to provisions of the joint purchasing
25		solicitation, the appropriate chief procurement officer may
26		designate the resulting contract as available to governmental

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1		units in Illinois.
2		(a-10) Each chief procurement officer appointed pursuant
3		to Section 10-20 of the Illinois Procurement Code, with joint
4		agreement of the respective agency or institution, may
5		authorize the purchase or lease of supplies and services which
6		have been procured through a competitive process by a federal
7		agency; a consortium of governmental, educational, medical,
8		research, or similar entities; or a group purchasing
9		organization of which the chief procurement officer or State
10		agency is a member or affiliate, including, without limitation,
11		any purchasing entity operating under the federal General
12		Services Administration, the Higher Education Cooperation Act,
13		and the Midwestern Higher Education Compact Act. Each
14		applicable chief procurement officer may authorize purchases
15		and contracts which have been procured through other methods of
16		procurement if each chief procurement officer determines it is
17		in the best interests of the State, considering a
18		recommendation by their respective agencies or institutions.
19		The chief procurement officer may establish detailed rules,
20		policies, and procedures for use of these cooperative
21		contracts. Notice of award shall be published by the chief
22		procurement officer in the Illinois Procurement Bulletin at
23		least prior to use of the contract. Each chief procurement
24		officer shall submit to the General Assembly by November 1 of
25		each year a report of procurements made under this subsection
26		(a-10).

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1		(b) Any not-for-profit agency that qualifies under Section
2		45-35 of the Illinois Procurement Code and that either (1) acts
3		pursuant to a board established by or controlled by a unit of
4		local government or (2) receives grant funds from the State or
5		from a unit of local government, shall be eligible to
6		participate in contracts established by the State.
7		(c) For governmental units subject to the jurisdiction of a
8		chief procurement officer established in Section 10-20 of the
9		Illinois Procurement Code, if any contract or amendment to a
10		contract is entered into or purchase or expenditure of funds is
11		made at any time in violation of this Act or any other law, the
12		contract or amendment may be declared void by the chief
13		procurement officer or may be ratified and affirmed, if the
14		chief procurement officer determines that ratification is in
15		the best interests of the governmental unit. If the contract or
16		amendment is ratified and affirmed, it shall be without
17		prejudice to the governmental unit's rights to any appropriate
18		damages.
19		(d) This Section does not apply to construction-related
20		professional services contracts awarded in accordance with the
21		provisions of the Architectural, Engineering, and Land
22		Surveying Qualifications Based Selection Act.
23		(Source: P.A. 96-584, eff. 1-1-10; 97-895, eff. 8-3-12.)
24		(30 ILCS 525/3)  (from Ch. 85, par. 1603)
25		Sec. 3. Conduct of competitive procurement. Under any

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1		agreement of governmental units that desire to make joint
2		purchases pursuant to subsection (a) of Section 2, one of the
3		governmental units shall conduct the competitive procurement
4		process. Where the State of Illinois is a party to the joint
5		purchase agreement, the appropriate chief procurement officer
6		shall conduct or authorize the competitive procurement
7		process. Expenses of such competitive procurement process may
8		be shared by the participating governmental units in proportion
9		to the amount of personal property, supplies or services each
10		unit purchases.
11		When the State of Illinois is a party to the joint purchase
12		agreement pursuant to subsection (a) of Section 2, the
13		acceptance of responses to the competitive procurement process
14		shall be in accordance with the Illinois Procurement Code and
15		rules promulgated under that Code. When the State of Illinois
16		is not a party to the joint purchase agreement, the acceptance
17		of responses to the competitive procurement process shall be
18		governed by the agreement.
19		When the State of Illinois is a party to a joint purchase
20		agreement pursuant to subsection (a-5) of Section 2, the State
21		may act as the lead state or as a participant state. When the
22		State of Illinois is the lead state, all such joint purchases
23		shall be conducted in accordance with the Illinois Procurement
24		Code. When the State of Illinois is the lead state, a multiple
25		award is allowed. When Illinois is a participant state, all
26		such joint purchases shall be conducted in accordance with the

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1		procurement laws of the lead state; provided that all such
2		joint procurements must be by competitive solicitation
3		process. All resulting awards shall be published in the
4		appropriate volume of the Illinois Procurement Bulletin as may
5		be required by Illinois law governing publication of the
6		solicitation, protest, and award of Illinois State contracts.
7		Contracts resulting from a joint purchase shall contain all
8		provisions required by Illinois law and rule.
9		The personal property, supplies or services involved shall
10		be distributed or rendered directly to each governmental unit
11		taking part in the purchase. The person selling the personal
12		property, supplies or services may bill each governmental unit
13		separately for its proportionate share of the cost of the
14		personal property, supplies or services purchased.
15		The credit or liability of each governmental unit shall
16		remain separate and distinct. Disputes between contractors
17		bidders and governmental units or qualified not-for-profit
18		agencies shall be resolved between the immediate parties.
19		(Source: P.A. 97-895, eff. 8-3-12; 98-1076, eff. 1-1-15.)
20		(30 ILCS 525/4)  (from Ch. 85, par. 1604)
21		Sec. 4. Bids, offers, and small purchases. The purchases of
22		all personal property, supplies and services under this Act,
23		except for small purchases, shall be based on competitive
24		solicitations unless, for purchases made pursuant to
25		subsection (a) of Section 2 of this Act, it is the

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1		determination of the applicable chief procurement officer that
2		it is impractical to obtain competition. Purchases pursuant to
3		this Section and shall follow the same procedures used for
4		competitive solicitations made pursuant to the Illinois
5		Procurement Code when the State is a party to the joint
6		purchase. For purchases made pursuant to subsection (a) of
7		Section 2 of this Act where the applicable chief procurement
8		officer makes the determination that it is impractical to
9		obtain competition, purchases shall either follow the same
10		procedure used for sole source procurements in Section 20-25 of
11		the Illinois Procurement Code or the same procedure used for
12		emergency purchases in Section 20-30 of the Illinois
13		Procurement Code. For purchases pursuant to subsection (a) of
14		Section 2, bids and offers shall be solicited by public notice
15		inserted at least once in a newspaper of general circulation in
16		one of the counties where the materials are to be used and at
17		least 5 calendar days before the final date of submitting bids
18		or offers, except as otherwise provided in this Section. Where
19		the State of Illinois is a party to the joint purchase
20		agreement, public notice soliciting the bids or offers shall be
21		published in the appropriate volume of the Illinois Procurement
22		Bulletin. Such notice shall include a general description of
23		the personal property, supplies or services to be purchased and
24		shall state where all blanks and specifications may be obtained
25		and the time and place for the opening of bids and offers. The
26		governmental unit conducting the competitive procurement

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1		process may also solicit sealed bids or offers by sending
2		requests by mail to potential contractors and by posting
3		notices on a public bulletin board in its office. Small
4		purchases pursuant to this Section shall follow the same
5		procedure used for small purchases in Section 20-20 of the
6		Illinois Procurement Code.
7		All purchases, orders or contracts shall be awarded to the
8		lowest responsible bidder or highest-ranked offeror, taking
9		into consideration the qualities of the articles or services
10		supplied, their conformity with the specifications, their
11		suitability to the requirements of the participating
12		governmental units and the delivery terms.
13		Where the State of Illinois is not a party, all bids or
14		offers may be rejected and new bids or offers solicited if one
15		or more of the participating governmental units believes the
16		public interest may be served thereby. Each bid or offer, with
17		the name of the bidder or offeror, shall be entered on a
18		record, which record with the successful bid or offer,
19		indicated thereon shall, after the award of the purchase or
20		order or contract, be open to public inspection. A copy of all
21		contracts shall be filed with the purchasing office or clerk or
22		secretary of each participating governmental unit.
23		(Source: P.A. 97-895, eff. 8-3-12; 98-1076, eff. 1-1-15.)
24		(30 ILCS 525/4.05 new)
25		Sec. 4.05. Other methods of joint purchases.

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1		(a) It may be determined that it is impractical to obtain
2		competition because either (i) there is only one
3		economically-feasible source for the item or (ii) there is a
4		threat to public health or public safety, or when immediate
5		expenditure is necessary to prevent or minimize serious
6		disruption in critical State services that affect health,
7		safety, or collection of substantial State revenues, or to
8		ensure the integrity of State records.
9		(b) When the State of Illinois is a party to the joint
10		purchase agreement, the applicable chief procurement officer
11		shall make a determination whether (i) there is only one
12		economically feasible source for the item or (ii) that there
13		exists a threat to public health or public safety or that
14		immediate expenditure is necessary to prevent or minimize
15		serious disruption in critical State services.
16		(c) When there is only one economically feasible source for
17		the item, the chief procurement officer may authorize a sole
18		economically-feasible source contract. When there exists a
19		threat to public health or public safety or when immediate
20		expenditure is necessary to prevent or minimize serious
21		disruption in critical State services, the chief procurement
22		officer may authorize an emergency procurement without
23		competitive sealed bidding or competitive sealed proposals or
24		prior notice.
25		(d) All joint purchases made pursuant to this Section shall
26		follow the same procedures for sole source contracts in the

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1		Illinois Procurement Code when the chief procurement officer
2		determines there is only one economically-feasible source for
3		the item. All joint purchases made pursuant to this Section
4		shall follow the same procedures for emergency purchases in the
5		Illinois Procurement Code when the chief procurement officer
6		determines immediate expenditure is necessary to prevent or
7		minimize serious disruption in critical State services that
8		affect health, safety, or collection of substantial State
9		revenues, or to ensure the integrity of State records.
10		(e) Each chief procurement officer shall submit to the
11		General Assembly by November 1 of each year a report of
12		procurements made under this Section.
13		(30 ILCS 525/4.2)  (from Ch. 85, par. 1604.2)
14		Sec. 4.2. Any governmental unit may, without violating any
15		bidding requirement otherwise applicable to it, procure
16		personal property, supplies and services under any contract let
17		by the State pursuant to lawful procurement procedures.
18		Purchases made by the State of Illinois must be approved or
19		authorized by the appropriate chief procurement officer.
20		(Source: P.A. 97-895, eff. 8-3-12.)
21		Section 26. The State Prompt Payment Act is amended by
22		changing Section 7 as follows:
23		(30 ILCS 540/7)   (from Ch. 127, par. 132.407)

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1		Sec. 7. Payments to subcontractors and material suppliers.
2		(a) When a State official or agency responsible for
3		administering a contract submits a voucher to the Comptroller
4		for payment to a contractor, that State official or agency
5		shall promptly make available electronically the voucher
6		number, the date of the voucher, and the amount of the voucher.
7		The State official or agency responsible for administering the
8		contract shall provide subcontractors and material suppliers,
9		known to the State official or agency, with instructions on how
10		to access the electronic information.
11		(a-5) When a contractor receives any payment, the
12		contractor shall pay each subcontractor and material supplier
13		in proportion to the work completed by each subcontractor and
14		material supplier its their application or pay estimate, plus
15		interest received under this Act, less any retention. When a
16		contractor receives any payment, the contractor shall pay each
17		lower-tiered subcontractor and material supplier and each
18		subcontractor and material supplier shall make payment to its
19		own respective subcontractors and material suppliers. If the
20		contractor receives less than the full payment due under the
21		public construction contract, the contractor shall be
22		obligated to disburse on a pro rata basis those funds received,
23		plus interest received under this Act, with the contractor,
24		subcontractors and material suppliers each receiving a
25		prorated portion based on the amount of payment each has
26		earned. When, however, the State official or agency public

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1		owner does not release the full payment due under the contract
2		because there are specific areas of work or materials the State
3		agency or official has determined contractor is rejecting or
4		because the contractor has otherwise determined such areas are
5		not suitable for payment, then those specific subcontractors or
6		material suppliers involved shall not be paid for that portion
7		of work rejected or deemed not suitable for payment and all
8		other subcontractors and suppliers shall be paid based upon the
9		amount of payment each has earned in full, plus interest
10		received under this Act.
11		(a-10) For construction contracts with the Department of
12		Transportation, the contractor, subcontractor, or material
13		supplier, regardless of tier, shall not offset, decrease, or
14		diminish payment or payments that are due to its subcontractors
15		or material suppliers without reasonable cause.
16		A contractor, who refuses to make prompt payment, in whole
17		or in part, shall provide to the subcontractor or material
18		supplier and the public owner or its agent, a written notice of
19		that refusal. The written notice shall be made by a contractor
20		no later than 5 calendar days after payment is received by the
21		contractor. The written notice shall identify the Department of
22		Transportation's contract, any subcontract or material
23		purchase agreement, a detailed reason for refusal, the value of
24		the payment to be withheld, and the specific remedial actions
25		required of the subcontractor or material supplier so that
26		payment may be made. Written notice of refusal may be given in

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1		a form and method which is acceptable to the parties and public
2		owner.
3		(b) If the contractor, without reasonable cause, fails to
4		make full payment of amounts due under subsection (a) to its
5		his subcontractors and material suppliers within 15 calendar
6		days after receipt of payment from the State official or agency
7		under the public construction contract, the contractor shall
8		pay to its his subcontractors and material suppliers, in
9		addition to the payment due them, interest in the amount of 2%
10		per month, calculated from the expiration of the 15-day period
11		until fully paid. This subsection shall further also apply to
12		any payments made by subcontractors and material suppliers to
13		their subcontractors and material suppliers and to all payments
14		made to lower tier subcontractors and material suppliers
15		throughout the contracting chain.
16		(1) If a contractor, without reasonable cause, fails to
17		make payment in full as provided in subsection (a-5) (a)
18		within 15 calendar days after receipt of payment under the
19		public construction contract, any subcontractor or
20		material supplier to whom payments are owed may file a
21		written notice and request for administrative hearing with
22		the State official or agency setting forth the amount owed
23		by the contractor and the contractor's failure to timely
24		pay the amount owed. The written notice and request for
25		administrative hearing shall identify the public
26		construction contract, the contractor, and the amount

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1		owed, and shall contain a sworn statement or attestation to
2		verify the accuracy of the notice. The notice and request
3		for administrative hearing shall be filed with the State
4		official for the public construction contract, with a copy
5		of the notice concurrently provided to the contractor.
6		Notice to the State official may be made by certified or
7		registered mail, messenger service, or personal service,
8		and must include proof of delivery to the State official.
9		(2) The State official or agency, within 15 calendar
10		days after receipt of a subcontractor's or material
11		supplier's written notice and request for administrative
12		hearing of the failure to receive payment from the
13		contractor, shall hold a hearing convened by an
14		administrative law judge to determine whether the
15		contractor withheld payment, without reasonable cause,
16		from the subcontractors or and material suppliers and what
17		amount, if any, is due to the subcontractors or and
18		material suppliers, and the reasonable cause or causes
19		asserted by the contractor. The State official or agency
20		shall provide appropriate notice to the parties of the
21		date, time, and location of the hearing. Each contractor,
22		subcontractor, or and material supplier has the right to be
23		represented by counsel at a the hearing and to
24		cross-examine witnesses and challenge documents. Upon the
25		request of the subcontractor or material supplier and a
26		showing of good cause, reasonable continuances may be

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1		granted by the administrative law judge.
2		(3) Upon If there is a finding by the administrative
3		law judge that the contractor failed to make payment in
4		full, without reasonable cause, as provided in subsection
5		(a-10) (a), then the administrative law judge shall, in
6		writing, order direct the contractor to pay the amount owed
7		to the subcontractors or and material suppliers plus
8		interest within 15 calendar days after the order finding.
9		(4) If a contractor fails to make full payment as
10		ordered under paragraph (3) of this subsection (b) within
11		15 days after the administrative law judge's order finding,
12		then the contractor shall be barred from entering into a
13		State public construction contract for a period of one year
14		beginning on the date of the administrative law judge's
15		order finding.
16		(5) If, on 2 or more occasions within a 3-calendar-year
17		period, there is a finding by an administrative law judge
18		that the contractor failed to make payment in full, without
19		reasonable cause, and a written order was issued to a
20		contractor under paragraph (3) of this subsection (b), then
21		the contractor shall be barred from entering into a State
22		public construction contract for a period of 6 months
23		beginning on the date of the administrative law judge's
24		second written order, even if the payments required under
25		the orders were made in full.
26		(6) If a contractor fails to make full payment as

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1		ordered under paragraph (4) of this subsection (b), the
2		subcontractor or material supplier may, within 30 days of
3		the date of that order, petition the State agency for an
4		order for reasonable attorney's fees and costs incurred in
5		the prosecution of the action under this subsection (b).
6		Upon that petition and taking of additional evidence, as
7		may be required, the administrative law judge may issue a
8		supplemental order directing the contractor to pay those
9		reasonable attorney's fees and costs.
10		(7) The written order of the administrative law judge
11		shall be final and appealable under the Administrative
12		Review Law.
13		(c) This Section shall not be construed to in any manner
14		diminish, negate, or interfere with the
15		contractor-subcontractor or contractor-material supplier
16		relationship or commercially useful function.
17		(d) This Section shall not preclude, bar, or stay the
18		rights, remedies, and defenses available to the parties by way
19		of the operation of their contract, purchase agreement, the
20		Mechanics Lien Act, or the Public Construction Bond Act.
21		(e) State officials and agencies may adopt rules as may be
22		deemed necessary in order to establish the formal procedures
23		required under this Section.
24		(f) As used in this Section:
25		"Payment" means the discharge of an obligation in money or
26		other valuable consideration or thing delivered in full or

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1		partial satisfaction of an obligation to pay. "Payment" shall
2		include interest paid pursuant to this Act.
3		"Reasonable cause" may include, but is not limited to,
4		unsatisfactory workmanship or materials; failure to provide
5		documentation required by the contract, subcontract, or
6		material purchase agreement; claims made against the
7		Department of Transportation or the subcontractor pursuant to
8		subsection (c) of Section 23 of the Mechanics Lien Act or the
9		Public Construction Bond Act; judgments, levies, garnishments,
10		or other court-ordered assessments or offsets in favor of the
11		Department of Transportation or other State agency entered
12		against a subcontractor or material supplier. "Reasonable
13		cause" does not include payments issued to the contractor that
14		create a negative or reduced valuation pay application or pay
15		estimate due to a reduction of contract quantities or work not
16		performed or provided by the subcontractor or material
17		supplier; the interception or withholding of funds for reasons
18		not related to the subcontractor's or material supplier's work
19		on the contract; anticipated claims or assessments of third
20		parties not a party related to the contract or subcontract;
21		asserted claims or assessments of third parties that are not
22		authorized by court order, administrative tribunal, or
23		statute. "Reasonable cause" further does not include the
24		withholding, offset, or reduction of payment, in whole or in
25		part, due to the assessment of liquidated damages or penalties
26		assessed by the Department of Transportation against the

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1		contractor, unless the subcontractor's performance or supplied
2		materials were the sole and proximate cause of the liquidated
3		damage or penalty.
4		(Source: P.A. 94-672, eff. 1-1-06; 94-972, eff. 7-1-07.)
5		Section 27. The Business Enterprise for Minorities,
6		Females, and Persons with Disabilities Act is amended by adding
7		Section 8g as follows:
8		(30 ILCS 575/8g new)
9		Sec. 8g. Special Committee on Minority, Female, Persons
10		with Disabilities, and Veterans Contracting.
11		(a) There is created a Special Committee on Minority,
12		Female, Persons with Disabilities, and Veterans Contracting
13		under the Council. The Special Committee shall review Illinois'
14		procurement laws regarding contracting with minority-owned
15		businesses, female-owned businesses, businesses owned by
16		persons with disabilities, and veteran-owned businesses to
17		determine what changes should be made to increase participation
18		of these businesses in State procurements.
19		(b) The Special Committee shall consist of the following
20		members:
21		(1) 3 persons each to be appointed by the Speaker of
22		the House of Representatives, the Minority Leader of the
23		House of Representatives, the President of the Senate, and
24		the Minority Leader of the Senate; only one Special

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1		Committee member of each appointee under this paragraph may
2		be a current member of the General Assembly;
3		(2) the Director of Central Management Services, or his
4		or her designee;
5		(3) the chairperson of the Council, or his or her
6		designee; and
7		(4) each chief procurement officer.
8		(c) The Special Committee shall conduct at least 3
9		hearings, with at least one hearing in Springfield and one in
10		Chicago. Each hearing shall be open to the public and notice of
11		the hearings shall be posted on the websites of the Procurement
12		Policy Board, the Department of Central Management Services,
13		and the General Assembly at least 6 days prior to the hearing.
14		Section 30. The Illinois Human Rights Act is amended by
15		changing Section 2-101 as follows:
16		(775 ILCS 5/2-101)  (from Ch. 68, par. 2-101)
17		Sec. 2-101. Definitions. The following definitions are
18		applicable strictly in the context of this Article.
19		(A) Employee.
20		(1) "Employee" includes:
21		(a) Any individual performing services for
22		remuneration within this State for an employer;
23		(b) An apprentice;
24		(c) An applicant for any apprenticeship.

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1		For purposes of subsection (D) of Section 2-102 of this
2		Act, "employee" also includes an unpaid intern. An unpaid
3		intern is a person who performs work for an employer under
4		the following circumstances:
5		(i) the employer is not committed to hiring the
6		person performing the work at the conclusion of the
7		intern's tenure;
8		(ii) the employer and the person performing the
9		work agree that the person is not entitled to wages for
10		the work performed; and
11		(iii) the work performed:
12		(I) supplements training given in an
13		educational environment that may enhance the
14		employability of the intern;
15		(II) provides experience for the benefit of
16		the person performing the work;
17		(III) does not displace regular employees;
18		(IV) is performed under the close supervision
19		of existing staff; and
20		(V) provides no immediate advantage to the
21		employer providing the training and may
22		occasionally impede the operations of the
23		employer.
24		(2) "Employee" does not include:
25		(a) (Blank);
26		(b) Individuals employed by persons who are not

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1		"employers" as defined by this Act;
2		(c) Elected public officials or the members of
3		their immediate personal staffs;
4		(d) Principal administrative officers of the State
5		or of any political subdivision, municipal corporation
6		or other governmental unit or agency;
7		(e) A person in a vocational rehabilitation
8		facility certified under federal law who has been
9		designated an evaluee, trainee, or work activity
10		client.
11		(B) Employer.
12		(1) "Employer" includes:
13		(a) Any person employing 15 or more employees
14		within Illinois during 20 or more calendar weeks within
15		the calendar year of or preceding the alleged
16		violation;
17		(b) Any person employing one or more employees when
18		a complainant alleges civil rights violation due to
19		unlawful discrimination based upon his or her physical
20		or mental disability unrelated to ability, pregnancy,
21		or sexual harassment;
22		(c) The State and any political subdivision,
23		municipal corporation or other governmental unit or
24		agency, without regard to the number of employees;
25		(d) Any party to a public contract without regard
26		to the number of employees;

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1		(e) A joint apprenticeship or training committee
2		without regard to the number of employees.
3		(2) "Employer" does not include any religious
4		corporation, association, educational institution,
5		society, or non-profit nursing institution conducted by
6		and for those who rely upon treatment by prayer through
7		spiritual means in accordance with the tenets of a
8		recognized church or religious denomination with respect
9		to the employment of individuals of a particular religion
10		to perform work connected with the carrying on by such
11		corporation, association, educational institution, society
12		or non-profit nursing institution of its activities.
13		(C) Employment Agency. "Employment Agency" includes both
14		public and private employment agencies and any person, labor
15		organization, or labor union having a hiring hall or hiring
16		office regularly undertaking, with or without compensation, to
17		procure opportunities to work, or to procure, recruit, refer or
18		place employees.
19		(D) Labor Organization. "Labor Organization" includes any
20		organization, labor union, craft union, or any voluntary
21		unincorporated association designed to further the cause of the
22		rights of union labor which is constituted for the purpose, in
23		whole or in part, of collective bargaining or of dealing with
24		employers concerning grievances, terms or conditions of
25		employment, or apprenticeships or applications for
26		apprenticeships, or of other mutual aid or protection in

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1		connection with employment, including apprenticeships or
2		applications for apprenticeships.
3		(E) Sexual Harassment. "Sexual harassment" means any
4		unwelcome sexual advances or requests for sexual favors or any
5		conduct of a sexual nature when (1) submission to such conduct
6		is made either explicitly or implicitly a term or condition of
7		an individual's employment, (2) submission to or rejection of
8		such conduct by an individual is used as the basis for
9		employment decisions affecting such individual, or (3) such
10		conduct has the purpose or effect of substantially interfering
11		with an individual's work performance or creating an
12		intimidating, hostile or offensive working environment.
13		(F) Religion. "Religion" with respect to employers
14		includes all aspects of religious observance and practice, as
15		well as belief, unless an employer demonstrates that he is
16		unable to reasonably accommodate an employee's or prospective
17		employee's religious observance or practice without undue
18		hardship on the conduct of the employer's business.
19		(G) Public Employer. "Public employer" means the State, an
20		agency or department thereof, unit of local government, school
21		district, instrumentality or political subdivision.
22		(H) Public Employee. "Public employee" means an employee of
23		the State, agency or department thereof, unit of local
24		government, school district, instrumentality or political
25		subdivision. "Public employee" does not include public
26		officers or employees of the General Assembly or agencies

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1		thereof.
2		(I) Public Officer. "Public officer" means a person who is
3		elected to office pursuant to the Constitution or a statute or
4		ordinance, or who is appointed to an office which is
5		established, and the qualifications and duties of which are
6		prescribed, by the Constitution or a statute or ordinance, to
7		discharge a public duty for the State, agency or department
8		thereof, unit of local government, school district,
9		instrumentality or political subdivision.
10		(J) Eligible Bidder. "Eligible bidder" means a person who,
11		prior to contract award or prior to bid opening for State
12		contracts for construction or construction-related services a
13		bid opening, has filed with the Department a properly
14		completed, sworn and currently valid employer report form,
15		pursuant to the Department's regulations. The provisions of
16		this Article relating to eligible bidders apply only to bids on
17		contracts with the State and its departments, agencies, boards,
18		and commissions, and the provisions do not apply to bids on
19		contracts with units of local government or school districts.
20		(K) Citizenship Status. "Citizenship status" means the
21		status of being:
22		(1) a born U.S. citizen;
23		(2) a naturalized U.S. citizen;
24		(3) a U.S. national; or
25		(4) a person born outside the United States and not a
26		U.S. citizen who is not an unauthorized alien and who is

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1		protected from discrimination under the provisions of
2		Section 1324b of Title 8 of the United States Code, as now
3		or hereafter amended.
4		(Source: P.A. 98-1037, eff. 1-1-15; 98-1050, eff. 1-1-15;
5		99-78, eff. 7-20-15; 99-758, eff. 1-1-17.)
6		Section 95. No acceleration or delay. Where this Act makes
7		changes in a statute that is represented in this Act by text
8		that is not yet or no longer in effect (for example, a Section
9		represented by multiple versions), the use of that text does
10		not accelerate or delay the taking effect of (i) the changes
11		made by this Act or (ii) provisions derived from any other
12		Public Act.
13		Section 99. Effective date. This Act takes effect upon
14		becoming law.