Section 1.10  Application

a)         Except as specifically provided in the Code, the Code and this Part do not apply to any:

1)         contracts between the State and its political subdivisions or other governments, or between State governmental bodies, except as specifically provided in the Code.  [30 ILCS 500/1-10(b)(1)] (For purposes of this subsection (a)(1), "governmental bodies" includes the State universities and their governing boards, community colleges and their governing boards and school districts. This provision applies to contracts between governmental entities; it does not apply to State agencies use of contracts established by other governmental entities.)

2)         grants (except for the filing requirements of Section 20-80 of the Code).  [30 ILCS 500/1-10(b)(2)]

3)         purchase of care.  [30 ILCS 500/1-10(b)(3)]

4)         hiring of an individual as employee and not as an independent contractor, whether pursuant to an employment code or policy or by contract directly with that individual.  [30 ILCS 500/1-10(b)(4)]

5)         collective bargaining contracts.  [30 ILCS 500/1-10(b)(5)]

6)         purchase of real estate, except that notice of this type of contract with a value of more than $25,000 must be published in the Procurement Bulletin within 7 days after the deed is recorded in the county of jurisdiction. This applies to purchases whether outright or by means of an installment purchase.  The exercise of an option to purchase in a real estate lease is exempt, but the underlying lease is not exempt from this Part.  The notice shall identify the real estate purchased, the names of all parties to the contract, the value of the contract, and the effective date of the contract.  [30 ILCS 500/1-10(b)(6)] 

7)         contracts necessary to prepare for anticipated litigation, enforcement actions, or investigations, provided that the chief legal counsel to the Governor shall give his or her prior approval when the procuring agency is one subject to the jurisdiction of the Governor, and provided that the chief legal counsel of any other procuring entity subject to the Code shall give his or her prior approval when the procuring entity is not one subject to the jurisdiction of the Governor.  [30 ILCS 500/1-10(b)(7)] Anticipated litigation is that which a State agency may prosecute or defend before a court or administrative body and actions necessary to prepare for and conduct the effective legal prosecution or defense of litigation, including, but not limited to, the retention of counsel, investigators, expert witnesses and court reporters.  This Section is applicable to equipment or services necessary in the furtherance of covert activities lawfully conducted by a State agency.

8)         procurement expenditures by the Illinois Conservation Foundation when only private funds are used.  [30 ILCS 500/1-10(b)(6)]

9)         procurement expenditures by the Illinois Health Information Exchange Authority involving private funds from the Health Information Exchange Fund.  "Private funds" means gifts, donations, and private grants.

10)         public-private agreements entered into according to the procurement requirements of Section 20 of the Public-Private Partnerships for Transportation Act [630 ILCS 5] and design-build agreements entered into according to the procurement requirements of Section 25 of the Public-Private Partnerships for Transportation Act. [30 ILCS 500/1-10(b)(11)]

11)         the electric power procurement process provided for under Section 1-75 of the Illinois Power Agency Act [20 ILCS 3855] and Section 16-111.5 of the Public Utilities Act [220 ILCS 5]. [30 ILCS 500/1-10(c)]

12)         the procurement process provided for under Section 9.1 of the Illinois Lottery Law [20 ILCS 1605], except for Section 20-160 and Article 50 of the Code, and as expressly required by Section 9.1 of the Illinois Lottery Law. [30 ILCS 500/1-10(d)]

13)         the process used by the Capital Development Board to retain a person or entity to assist the Capital Development Board with its duties related to the determination of costs of clean coal SNG brownfield facility, as defined by Section 1-10 of the Illinois Power Agency Act, as required in Section 9-220(h-3) of the Public Utilities Act, including calculating the range of capital costs, the range of operating and maintenance costs, or the sequestration costs or monitoring the construction of clean coal SNG brownfield facility for the full duration of construction. [30 ILCS 500/1-10(e)]

14)         the process used by the Illinois Power Agency to retain a mediator to mediate sourcing agreement disputes between gas utilities and the clean coal SNG brownfield facility, as defined in Section 1-10 of the Illinois Power Agency Act, as required under Section 9-220(h-1) of the Public Utilities Act. [30 ILCS 500/1-10(f)]

15)         the processes used by the Illinois Power Agency to retain a mediator to mediate contract disputes between gas utilities and the clean coal SNG facility and to retain an expert to assist in the review of contracts under Section 9-220(h) of the Public Utilities Act.  The Code does not apply to the process used by the Illinois Commerce Commission to retain an expert to assist in determining the actual incurred costs of the clean coal SNG facility and the reasonableness of those costs as required under Section 9-220(h) of the Public Utilities Act. [30 ILCS 500/1-10(g)]

16)         the process to procure or contracts entered into in accordance with Sections 11-5.2 and 11-5.3 of the Illinois Public Aid Code [305 ILCS 5]. [30 ILCS 500/1-10(h)]

17)         the process used by the Capital Development Board to retain an artist or work or works of art as required in Section 14 of the Capital Development Board Act [20 ILCS 105]. [30 ILCS 500/1-10(j)]

18)         procurements necessary for the Department of Agriculture, the Department of Financial and Professional Regulation, the Department of Human Services, the Department of Commerce and Economic Opportunity, and the Department of Public Health to implement the Cannabis Regulation and Tax Act [410 ILCS 705] if the applicable agency has made a good faith determination that it is necessary and appropriate for the expenditure to fall within this exemption.  [30 ILCS 500/1-10(b)(18)]

19)        State agency’s intergovernmental agreement with an Illinois public institution of higher education when the intergovernmental agreement permits the State agency to use a contract established by the Illinois public institution of higher education and the:

A)        contract was competitively procured under the Procurement Code or procurement requirements applicable to the Illinois public institution of higher education;

B)        contract is an integral part of the products or services produced by the Illinois public institution of higher education and received through the intergovernmental agreement; and

C)        State agency does not have a contract or any obligation to the Illinois public institution of higher education’s contractor for items received from the contractor through the intergovernmental agreement.

b)         Unless a record is subject to attorney-client privilege, the CPO-GS or SPO may access any records necessary to review whether a contract, purchase or other expenditure is exempt under Section 1-10 of the Code.

(Source:  Amended at 46 Ill. Reg. 10208, effective June 2, 2022)