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91_SB0927
LRB9106110DHmg
1 AN ACT to amend the Illinois Procurement Code.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Illinois Procurement Code is amended by
5 changing Sections 1-10, 1-15.15, 20-60, and 50-35 as follows:
6 (30 ILCS 500/1-10)
7 Sec. 1-10. Application.
8 (a) This Code applies only to procurements for which
9 contractors were first solicited on or after July 1, 1998.
10 This Code shall not be construed to affect or impair any
11 contract, or any provision of a contract, entered into based
12 on a solicitation prior to the implementation date of this
13 Code as described in Article 99, including but not limited to
14 any covenant entered into with respect to any revenue bonds
15 or similar instruments. All procurements for which contracts
16 are solicited between the effective date of Articles 50 and
17 99 and July 1, 1998 shall be substantially in accordance with
18 this Code and its intent.
19 (b) This Code shall apply regardless of the source of
20 the funds with which the contracts are paid, including
21 federal assistance moneys. This Code shall not apply to:
22 (1) contracts between the State and its political
23 subdivisions or other governments, or between State
24 governmental bodies except as specifically provided in
25 this Code.
26 (2) grants.
27 (3) purchase of care.
28 (4) hiring of an individual as employee and not as
29 an independent contractor, whether pursuant to an
30 employment code or policy or by contract directly with
31 that individual.
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1 (5) collective bargaining contracts.
2 (6) purchase of real estate.
3 (7) contracts necessary to prepare for anticipated
4 litigation, enforcement actions, or investigations,
5 provided that the chief legal counsel to the Governor
6 shall give his or her prior approval when the procuring
7 agency is one subject to the jurisdiction of the
8 Governor, and provided that the chief legal counsel of
9 any other procuring entity subject to this Code shall
10 give his or her prior approval when the procuring entity
11 is not one subject to the jurisdiction of the Governor.
12 (8) contracts for the use, purchase, delivery,
13 movement, or installation of data processing equipment,
14 software, or services and telecommunications and
15 inter-connect equipment, software, and services.
16 (Source: P.A. 90-572, eff. date - See Sec. 99-5.)
17 (30 ILCS 500/1-15.15)
18 Sec. 1-15.15. Chief Procurement Officer. "Chief
19 Procurement Officer" means:
20 (1) for procurements for construction and
21 construction-related services committed by law to the
22 jurisdiction or responsibility of the Capital Development
23 Board, the executive director of the Capital Development
24 Board.
25 (2) for procurements for all construction,
26 construction-related services, operation of any facility, and
27 the provision of any service or activity committed by law to
28 the jurisdiction or responsibility of the Illinois Department
29 of Transportation, including the direct or reimbursable
30 expenditure of all federal funds for which the Department of
31 Transportation is responsible or accountable for the use
32 thereof in accordance with federal law, regulation, or
33 procedure, the Secretary of Transportation.
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1 (3) for all procurements made by a public institution of
2 higher education, a representative designated by the
3 Governor.
4 (3.1) for procurements made by the Illinois Housing
5 Development Authority, a representative appointed by the
6 Authority.
7 (4) for all other procurements, the Director of the
8 Department of Central Management Services.
9 (Source: P.A. 90-572, eff. 2-6-98.)
10 (30 ILCS 500/20-60)
11 Sec. 20-60. Duration of contracts.
12 (a) Maximum duration. A contract may be entered into
13 for any period of time deemed to be in the best interests of
14 the State but, except as otherwise provided, not exceeding 10
15 years. The length of a lease for real property or capital
16 improvements shall be in accordance with the provisions of
17 Section 40-25. Contracts in connection with the issuance of
18 bonds may exceed 10 years, but shall not exceed 10 years
19 beyond the maturity of the bonds.
20 (b) Subject to appropriation. All contracts made or
21 entered into shall recite that they are subject to
22 termination and cancellation in any year for which the
23 General Assembly fails to make an appropriation to make
24 payments under the terms of the contract.
25 (Source: P.A. 90-572, eff. date - See Sec. 99-5.)
26 (30 ILCS 500/50-35)
27 Sec. 50-35. Disclosure and potential conflicts of
28 interest.
29 (a) All offers from responsive bidders or offerors with
30 an annual value of more than $10,000 shall be accompanied by
31 disclosure of the financial interests of the contractor,
32 bidder, or proposer. The financial disclosure of each
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1 successful bidder or offeror shall become part of the
2 publicly available contract or procurement file maintained by
3 the appropriate chief procurement officer.
4 (b) Disclosure by the responsive bidders or offerors
5 shall include any ownership or distributive income share that
6 is in excess of 5%, or an amount greater than 60% of the
7 annual salary of the Governor, of the bidding entity or its
8 parent entity, whichever is less, unless the contractor or
9 bidder is a publicly traded entity subject to Federal 10K
10 reporting, in which case it may submit its 10K disclosure in
11 place of the prescribed disclosure. A limited partnership
12 may disclose only the information regarding the billing
13 partner and any other partner that will be involved in the
14 proposed project. The form of disclosure shall be prescribed
15 by the applicable chief procurement officer and must include
16 at least the names, addresses, and dollar or proportionate
17 share of ownership of each person identified in this Section,
18 their instrument of ownership or beneficial relationship, and
19 notice of any potential conflict of interest resulting from
20 the current ownership or beneficial relationship of each
21 person identified in this Section having in addition any of
22 the following relationships:
23 (1) State employment, currently or in the previous
24 3 years, including contractual employment of services.
25 (2) State employment of spouse, father, mother,
26 son, or daughter, including contractual employment for
27 services in the previous 2 years.
28 (3) Elective status; the holding of elective office
29 of the State of Illinois, the government of the United
30 States, any unit of local government authorized by the
31 Constitution of the State of Illinois or the statutes of
32 the State of Illinois currently or in the previous 3
33 years.
34 (4) Relationship to anyone holding elective office
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1 currently or in the previous 2 years; spouse, father,
2 mother, son, or daughter.
3 (5) Appointive office; the holding of any
4 appointive government office of the State of Illinois,
5 the United States of America, or any unit of local
6 government authorized by the Constitution of the State of
7 Illinois or the statutes of the State of Illinois, which
8 office entitles the holder to compensation in excess of
9 expenses incurred in the discharge of that office
10 currently or in the previous 3 years.
11 (6) Relationship to anyone holding appointive
12 office currently or in the previous 2 years; spouse,
13 father, mother, son, or daughter.
14 (7) Employment, currently or in the previous 3
15 years, as or by any registered lobbyist of the State
16 government.
17 (8) Relationship to anyone who is or was a
18 registered lobbyist in the previous 2 years; spouse,
19 father, mother, son, or daughter.
20 (9) Compensated employment, currently or in the
21 previous 3 years, by any registered election or
22 re-election committee registered with the Secretary of
23 State or any county clerk in the State of Illinois, or
24 any political action committee registered with either the
25 Secretary of State or the Federal Board of Elections.
26 (10) Relationship to anyone; spouse, father,
27 mother, son, or daughter; who is or was a compensated
28 employee in the last 2 years of any registered election
29 or re-election committee registered with the Secretary of
30 State or any county clerk in the State of Illinois, or
31 any political action committee registered with either the
32 Secretary of State or the Federal Board of Elections.
33 (c) The disclosure in subsection (b) is not intended to
34 prohibit or prevent any contract. The disclosure is meant to
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1 fully and publicly disclose any potential conflict to the
2 chief procurement officers, State purchasing officers, their
3 designees, and executive officers so they may adequately
4 discharge their duty to protect the State.
5 (d) In the case of any contract for personal services in
6 excess of $50,000; any contract competitively bid in excess
7 of $250,000; any other contract in excess of $50,000; when a
8 potential for a conflict of interest is identified,
9 discovered, or reasonably suspected it shall be reviewed and
10 commented on in writing by the Governor of the State of
11 Illinois, or by an executive ethics board or commission he or
12 she might designate. The comment shall be returned to the
13 responsible chief procurement officer who must rule in
14 writing whether to void or allow the contract, bid, offer, or
15 proposal weighing the best interest of the State of Illinois.
16 The comment and determination shall become a publicly
17 available part of the contract, bid, or proposal file.
18 (e) These threshholds and disclosure do not relieve the
19 chief procurement officer, the State purchasing officer, or
20 their designees from reasonable care and diligence for any
21 contract, bid, offer, or proposal. The chief procurement
22 officer, the State purchasing officer, or their designees
23 shall be responsible for using any reasonably known and
24 publicly available information to discover any undisclosed
25 potential conflict of interest and act to protect the best
26 interest of the State of Illinois.
27 (f) Inadvertent or accidental failure to fully disclose
28 shall render the contract, bid, proposal, or relationship
29 voidable by the chief procurement officer if he or she deems
30 it in the best interest of the State of Illinois and, at his
31 or her discretion, may be cause for barring from future
32 contracts, bids, proposals, or relationships with the State
33 for a period of up to 2 years.
34 (g) Intentional, willful, or material failure to
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1 disclose shall render the contract, bid, proposal, or
2 relationship voidable by the chief procurement officer if he
3 or she deems it in the best interest of the State of Illinois
4 and shall result in debarment from future contracts, bids,
5 proposals, or relationships for a period of not less than 2
6 years and not more than 10 years. Reinstatement after 2
7 years and before 10 years must be reviewed and commented on
8 in writing by the Governor of the State of Illinois, or by an
9 executive ethics board or commission he or she might
10 designate. The comment shall be returned to the responsible
11 chief procurement officer who must rule in writing whether
12 and when to reinstate.
13 (h) In addition, all disclosures shall note any other
14 current or pending contracts, proposals, leases, or other
15 ongoing procurement relationships the bidding, proposing, or
16 offering entity has with any other unit of State government
17 and shall clearly identify the unit and the contract,
18 proposal, lease, or other relationship.
19 (Source: P.A. 90-572, eff. 2-6-98.)
20 Section 99. Effective date. This Act takes effect upon
21 becoming law.