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| 1 | AN ACT concerning finance.
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| 2 | Be it enacted by the People of the State of Illinois,
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| 3 | represented in the General Assembly:
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| 4 | Section 5. The Illinois Procurement Code is amended by | ||||||
| 5 | changing Sections 20-50 and 40-5 as follows:
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| 6 | (30 ILCS 500/20-50)
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| 7 | Sec. 20-50. Specifications. Specifications shall be
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| 8 | prepared in accordance with consistent
standards that are | ||||||
| 9 | promulgated by the chief procurement officer and reviewed by
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| 10 | the
Board and the Joint Committee on Administrative Rules. | ||||||
| 11 | Those standards shall
include
a prohibition against the use
of | ||||||
| 12 | brand-name only products, except for products intended for | ||||||
| 13 | retail sale or as
specified by rule. All specifications
shall | ||||||
| 14 | seek to promote overall
economy for the purposes intended and | ||||||
| 15 | encourage competition in
satisfying the State's needs
and shall | ||||||
| 16 | not be unduly restrictive.
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| 17 | A solicitation or specification for a contract or a | ||||||
| 18 | contract, including, a
contract but not limited to, of a | ||||||
| 19 | college, university, or institution under the jurisdiction of a
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| 20 | governing board listed in Section 1-15.100, may not require, | ||||||
| 21 | stipulate,
suggest, or encourage a monetary or other financial | ||||||
| 22 | contribution or donation, cash bonus or incentive, or economic | ||||||
| 23 | investment, or other prohibited conduct as
an explicit or | ||||||
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| 1 | implied term or condition for awarding or completing the
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| 2 | contract. The contract, solicitation, or specification also | ||||||
| 3 | may not include
a requirement that an individual or individuals | ||||||
| 4 | employed by
such
a college,
university, or institution receive | ||||||
| 5 | a consulting
contract for professional services.
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| 6 | As used in this Section, "prohibited conduct" includes | ||||||
| 7 | requested payments or other consideration by a third party to | ||||||
| 8 | the university or State agency that is not part of the | ||||||
| 9 | solicitation or that is unrelated to the subject matter or | ||||||
| 10 | purpose of the solicitation. "Prohibited conduct" does not | ||||||
| 11 | include a payment from the vendor that is supported by | ||||||
| 12 | additional consideration (such as exclusive rights to sell | ||||||
| 13 | items or rights to advertise), other than the consideration of | ||||||
| 14 | the State's awarding a contract to purchase of goods and | ||||||
| 15 | services. | ||||||
| 16 | (Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793 | ||||||
| 17 | for the effective date of changes made by P.A. 96-795).)
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| 18 | (30 ILCS 500/40-5)
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| 19 | Sec. 40-5. Applicability. All leases for real property
or | ||||||
| 20 | capital improvements,
including office and storage space, | ||||||
| 21 | buildings, and other
facilities for State agencies, shall be
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| 22 | procured in accordance with the provisions of this Article. All | ||||||
| 23 | State agencies, with the exception of public institutions of | ||||||
| 24 | higher education, shall, in consultation with the Department of | ||||||
| 25 | Central Management Services, evaluate the State's existing | ||||||
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| 1 | lease portfolio prior to engaging in a procurement for real | ||||||
| 2 | property or capital improvements.
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| 3 | (Source: P.A. 90-572, eff. date - See Sec. 99-5.)
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| 4 | Section 99. Effective date. This Act takes effect upon | ||||||
| 5 | becoming law.
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