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| Public Act 097-0643 | ||||
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AN ACT concerning State government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Procurement Code is amended by | ||||
adding Section 1-13 as follows: | ||||
(30 ILCS 500/1-13 new) | ||||
Sec. 1-13. Applicability to public institutions of higher | ||||
education. | ||||
(a) This Code shall apply to public institutions of higher | ||||
education, regardless of the source of the funds with which | ||||
contracts are paid, except as provided in this Section. | ||||
(b) Except as provided in this Section, this Code shall not | ||||
apply to procurements made by or on behalf of public | ||||
institutions of higher education for any of the following: | ||||
(1) Memberships in professional, academic, or athletic | ||||
organizations on behalf of a public institution of higher | ||||
education, an employee of a public institution of higher | ||||
education, or a student at a public institution of higher | ||||
education. | ||||
(2) Procurement expenditures for events or activities | ||||
paid for exclusively by revenues generated by the event or | ||||
activity, gifts or donations for the event or activity, | ||||
private grants, or any combination thereof. | ||||
(3) Procurement expenditures for events or activities | ||
for which the use of specific vendors is mandated or | ||
identified by the sponsor of the event or activity, | ||
provided that the sponsor is providing a majority of the | ||
funding for the event or activity. | ||
(4) Procurement expenditures necessary to provide | ||
artistic or musical services, performances, or productions | ||
held at a venue operated by a public institution of higher | ||
education. | ||
(5) Procurement expenditures for periodicals and books | ||
procured for use by a university library or academic | ||
department, except for expenditures related to procuring | ||
textbooks for student use or materials for resale or | ||
rental. | ||
Notice of each contract entered into by a public institution of | ||
higher education that is related to the procurement of goods | ||
and services identified in items (1) through (5) of this | ||
subsection shall be published in the Procurement Bulletin | ||
within 14 days after contract execution. The Chief Procurement | ||
Officer shall prescribe the form and content of the notice. | ||
Each public institution of higher education shall provide the | ||
Chief Procurement Officer, on a monthly basis, in the form and | ||
content prescribed by the Chief Procurement Officer, a report | ||
of contracts that are related to the procurement of goods and | ||
services identified in this subsection. At a minimum, this | ||
report shall include the name of the contractor, a description | ||
of the supply or service provided, the total amount of the | ||
contract, the term of the contract, and the exception to the | ||
Code utilized. A copy of any or all of these contracts shall be | ||
made available to the Chief Procurement Officer immediately | ||
upon request. The Chief Procurement Officer shall submit a | ||
report to the Governor and General Assembly no later than | ||
November 1 of each year that shall include, at a minimum, an | ||
annual summary of the monthly information reported to the Chief | ||
Procurement Officer. | ||
(c) Procurements made by or on behalf of public | ||
institutions of higher education for any of the following shall | ||
be made in accordance with the requirements of this Code to the | ||
extent practical as provided in this subsection: | ||
(1) Contracts with a foreign entity necessary for | ||
research or educational activities, provided that the | ||
foreign entity either does not maintain an office in the | ||
United States or is the sole source of the service or | ||
product. | ||
(2) Procurements of FDA-regulated goods, products, and | ||
services necessary for the delivery of care and treatment | ||
at medical, dental, or veterinary teaching facilities | ||
utilized by the University of Illinois or Southern Illinois | ||
University. | ||
(3) Contracts for programming and broadcast license | ||
rights for university-operated radio and television | ||
stations. | ||
(4) Procurements required for fulfillment of a grant. | ||
Upon the written request of a public institution of higher | ||
education, the Chief Procurement Officer may waive | ||
registration, certification, and hearing requirements of this | ||
Code if, based on the item to be procured or the terms of a | ||
grant, compliance is impractical. The public institution of | ||
higher education shall provide the Chief Procurement Officer | ||
with specific reasons for the waiver, including the necessity | ||
of contracting with a particular vendor, and shall certify that | ||
an effort was made in good faith to comply with the provisions | ||
of this Code. The Chief Procurement Officer shall provide | ||
written justification for any waivers. By November 1 of each | ||
year, the Chief Procurement Officer shall file a report with | ||
the General Assembly identifying each contract approved with | ||
waivers and providing the justification given for any waivers | ||
for each of those contracts. Notice of each waiver made under | ||
this subsection shall be published in the Procurement Bulletin | ||
within 14 days after contract execution. The Chief Procurement | ||
Officer shall prescribe the form and content of the notice. | ||
(d) Notwithstanding this Section, a waiver of the | ||
registration requirements of Section 20-160 does not permit a | ||
business entity and any affiliated entities or affiliated | ||
persons to make campaign contributions if otherwise prohibited | ||
by Section 50-37. The total amount of contracts awarded in | ||
accordance with this Section shall be included in determining | ||
the aggregate amount of contracts or pending bids of a business | ||
entity and any affiliated entities or affiliated persons. | ||
(e) Notwithstanding subsection (e) of Section 50-10.5 of | ||
this Code, the Chief Procurement Officer, with the approval of | ||
the Executive Ethics Commission, may permit a public | ||
institution of higher education to accept a bid or enter into a | ||
contract with a business that assisted the public institution | ||
of higher education in determining whether there is a need for | ||
a contract or assisted in reviewing, drafting, or preparing | ||
documents related to a bid or contract, provided that the bid | ||
or contract is essential to research administered by the public | ||
institution of higher education and it is in the best interest | ||
of the public institution of higher education to accept the bid | ||
or contract. For purposes of this subsection, "business" | ||
includes all individuals with whom a business is affiliated, | ||
including, but not limited to, any officer, agent, employee, | ||
consultant, independent contractor, director, partner, | ||
manager, or shareholder of a business. The Executive Ethics | ||
Commission may promulgate rules and regulations for the | ||
implementation and administration of the provisions of this | ||
subsection (e). | ||
(f) As used in this Section: | ||
"Grant" means non-appropriated funding provided by a | ||
federal or private entity to support a project or program | ||
administered by a public institution of higher education and | ||
any non-appropriated funding provided to a sub-recipient of the | ||
grant. | ||
"Public institution of higher education" means Chicago | ||
State University, Eastern Illinois University, Governors State | ||
University, Illinois State University, Northeastern Illinois | ||
University, Northern Illinois University, Southern Illinois | ||
University, University of Illinois, and Western Illinois | ||
University. | ||
(g) This Section is repealed on December 31, 2014.
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Section 99. Effective date. This Act takes effect upon | ||
becoming law. | ||