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91_SB0876enr SB876 Enrolled LRB9105732MWpr 1 AN ACT to amend the Illinois Procurement Code by changing 2 Sections 1-10 and 20-50. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Illinois Procurement Code is amended by 6 changing Sections 1-10 and 20-50 as follows: 7 (30 ILCS 500/1-10) 8 Sec. 1-10. Application. 9 (a) This Code applies only to procurements for which 10 contractors were first solicited on or after July 1, 1998. 11 This Code shall not be construed to affect or impair any 12 contract, or any provision of a contract, entered into based 13 on a solicitation prior to the implementation date of this 14 Code as described in Article 99, including but not limited to 15 any covenant entered into with respect to any revenue bonds 16 or similar instruments. All procurements for which contracts 17 are solicited between the effective date of Articles 50 and 18 99 and July 1, 1998 shall be substantially in accordance with 19 this Code and its intent. 20 (b) This Code shall apply regardless of the source of 21 the funds with which the contracts are paid, including 22 federal assistance moneys. This Code shall not apply to: 23 (1) contracts between the State and its political 24 subdivisions or other governments, or between State 25 governmental bodies except as specifically provided in 26 this Code. 27 (2) grants. 28 (3) purchase of care. 29 (4) hiring of an individual as employee and not as 30 an independent contractor, whether pursuant to an 31 employment code or policy or by contract directly with SB876 Enrolled -2- LRB9105732MWpr 1 that individual. 2 (5) collective bargaining contracts. 3 (6) purchase of real estate. 4 (7) contracts necessary to prepare for anticipated 5 litigation, enforcement actions, or investigations, 6 provided that the chief legal counsel to the Governor 7 shall give his or her prior approval when the procuring 8 agency is one subject to the jurisdiction of the 9 Governor, and provided that the chief legal counsel of 10 any other procuring entity subject to this Code shall 11 give his or her prior approval when the procuring entity 12 is not one subject to the jurisdiction of the Governor. 13 (8) contracts for services to Northern Illinois 14 University by a person, acting as an independent 15 contractor, who is qualified by education, experience, 16 and technical ability and is selected by negotiation for 17 the purpose of providing non-credit educational service 18 activities or products by means of specialized programs 19 offered by the university. 20 (Source: P.A. 90-572, eff. date - See Sec. 99-5.) 21 (30 ILCS 500/20-50) 22 Sec. 20-50. Specifications. Specifications shall be 23 prepared in accordance with consistent standards that are 24 promulgated by the chief procurement officer and reviewed by 25 the Board and the Joint Committee on Administrative Rules. 26 Those standards shall include a prohibition against the use 27 of brand-name only products, except for products intended for 28 retail sale or as specified by rule, and shall include a 29 restriction on the use of specifications drafted by a 30 potential bidder. All specifications shall seek to promote 31 overall economy for the purposes intended and encourage 32 competition in satisfying the State's needs and shall not be 33 unduly restrictive. SB876 Enrolled -3- LRB9105732MWpr 1 A solicitation or specification for a contract or a 2 contract, including a contract of a college, university, or 3 institution under the jurisdiction of a governing board 4 listed in Section 1-15.100, may not require, stipulate, 5 suggest, or encourage a monetary or other financial 6 contribution or donation as an explicit or implied term or 7 condition for awarding or completing the contract. The 8 contract, solicitation, or specification also may not include 9 a requirement that an individual or individuals employed by 10 such a college, university, or institution receive a 11 consulting contract for professional services. 12 (Source: P.A. 90-572, eff. date - See Sec. 99-5.) 13 Section 99. Effective date. This Act takes effect upon 14 becoming law.