(30 ILCS 500/Art. 1 heading)
ARTICLE 1
GENERAL PROVISIONS
|
(30 ILCS 500/1-1)
Sec. 1-1.
Short title.
This Act may be cited as the
Illinois Procurement Code.
(Source: P.A. 90-572, eff. date - See Sec. 99-5.)
|
(30 ILCS 500/1-5)
Sec. 1-5.
Public policy.
It is the purpose of this Code
and is declared to be the policy
of the State that the principles of competitive bidding and
economical procurement practices shall
be applicable to all purchases and contracts by or for any State
agency.
(Source: P.A. 90-572, eff. date - See Sec. 99-5.)
|
(30 ILCS 500/1-10)
Sec. 1-10. Application.
(a) This Code applies only to procurements for which bidders, offerors, potential contractors, or contractors were first
solicited on or after July 1, 1998. This Code shall not be construed to affect
or impair any contract, or any provision of a contract, entered into based on a
solicitation prior to the implementation date of this Code as described in
Article 99, including but not limited to any covenant entered into with respect
to any revenue bonds or similar instruments.
All procurements for which contracts are solicited between the effective date
of Articles 50 and 99 and July 1, 1998 shall be substantially in accordance
with this Code and its intent.
(b) This Code shall apply regardless of the source of the funds with which
the contracts are paid, including federal assistance moneys.
This Code shall
not apply to:
(1) Contracts between the State and its political
| | subdivisions or other governments, or between State governmental bodies except as specifically provided in this Code.
|
|
(2) Grants, except for the filing requirements of
| |
(3) Purchase of care.
(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.
|
|
(5) Collective bargaining contracts.
(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 10 calendar days after the deed is recorded in the county of jurisdiction. 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.
|
|
(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 this Code shall give his or her prior approval when the procuring entity is not one subject to the jurisdiction of the Governor.
|
|
(8) Contracts for services to Northern Illinois
| | University by a person, acting as an independent contractor, who is qualified by education, experience, and technical ability and is selected by negotiation for the purpose of providing non-credit educational service activities or products by means of specialized programs offered by the university.
|
|
(9) Procurement expenditures by the Illinois
| | Conservation Foundation when only private funds are used.
|
|
(10) 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.
|
| (11) Public-private agreements entered into according
| | to the procurement requirements of Section 20 of the Public-Private Partnerships for Transportation Act and design-build agreements entered into according to the procurement requirements of Section 25 of the Public-Private Partnerships for Transportation Act.
|
| (12) Contracts for legal, financial, and other
| | professional and artistic services entered into on or before December 31, 2018 by the Illinois Finance Authority in which the State of Illinois is not obligated. Such contracts shall be awarded through a competitive process authorized by the Board of the Illinois Finance Authority and are subject to Sections 5-30, 20-160, 50-13, 50-20, 50-35, and 50-37 of this Code, as well as the final approval by the Board of the Illinois Finance Authority of the terms of the contract.
|
| Notwithstanding any other provision of law, contracts entered into under item (12) of this subsection (b) shall be published in the Procurement Bulletin within 14 calendar days after contract execution. The chief procurement officer shall prescribe the form and content of the notice. The Illinois Finance Authority 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 item (12) of this subsection (b). 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 each 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) This Code does not apply to the electric power procurement process provided for under Section 1-75 of the Illinois Power Agency Act and Section 16-111.5 of the Public Utilities Act.
(d) Except for Section 20-160 and Article 50 of this Code, and as expressly required by Section 9.1 of the Illinois Lottery Law, the provisions of this Code do not apply to the procurement process provided for under Section 9.1 of the Illinois Lottery Law.
(e) This Code does not apply to 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 a clean coal SNG brownfield facility, as defined by Section 1-10 of the Illinois Power Agency Act, as required in subsection (h-3) of Section 9-220 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.
(f) This Code does not apply to 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 subsection (h-1) of Section 9-220 of the Public Utilities Act.
(g) This Code does not apply to 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 subsection (h) of Section 9-220 of the Public Utilities Act. This 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 subsection (h) of Section 9-220 of the Public Utilities Act.
(h) This Code does not apply to 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.
(i) Each chief procurement officer may access records necessary to review whether a contract, purchase, or other expenditure is or is not subject to the provisions of this Code, unless such records would be subject to attorney-client privilege.
(j) This Code does not apply to 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.
(k) This Code does not apply to the process to procure contracts, or contracts entered into, by the State Board of Elections or the State Electoral Board for hearing officers appointed pursuant to the Election Code.
(Source: P.A. 97-96, eff. 7-13-11; 97-239, eff. 8-2-11; 97-502, eff. 8-23-11; 97-689, eff. 6-14-12; 97-813, eff. 7-13-12; 97-895, eff. 8-3-12; 98-90, eff. 7-15-13; 98-463, eff. 8-16-13; 98-572, eff. 1-1-14; 98-756, eff. 7-16-14; 98-1076, eff. 1-1-15.)
|
(30 ILCS 500/1-11)
Sec. 1-11. Applicability of certain Public Acts. The changes made to this Code by Public Act 96-793, Public Act 96-795, and this amendatory Act of the 96th General Assembly apply to those procurements for which bidders, offerors, vendors, potential contractors, or contractors were first solicited on or after July 1, 2010.
(Source: P.A. 98-1076, eff. 1-1-15.)
|
(30 ILCS 500/1-12)
(Section scheduled to be repealed on December 31, 2016)
Sec. 1-12. Applicability to artistic or musical services.
(a) This Code shall
not apply to procurement expenditures necessary to provide artistic or musical services, performances, or theatrical productions held at a venue operated or leased by a State agency.
(b) Notice of each contract entered into by a State agency that is related to the procurement of goods and services identified in this Section shall be published in the Illinois Procurement Bulletin within 14 calendar days after contract execution. The chief procurement officer shall prescribe the form and content of the notice. Each State agency 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 Section. 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)
This Section is repealed December 31, 2016.
(Source: P.A. 97-895, eff. 8-3-12; 98-1076, eff. 1-1-15.)
|
(30 ILCS 500/1-13)
Sec. 1-13. (Repealed).
(Source: P.A. 98-1076, eff. 1-1-15. Repealed internally, eff. December 31, 2014. P.A. 98-1076 contained an extension of the internal repealer, but did not take effect until January 1, 2015.)
|
(30 ILCS 500/1-15)
Sec. 1-15.
Definitions.
For the purposes of this Code,
the words set forth in the
following Sections of this Article have the meanings set forth in
those Sections.
(Source: P.A. 90-572, eff. 2-6-98.)
|
(30 ILCS 500/1-15.01)
Sec. 1-15.01. Bid. "Bid" means the response submitted by a bidder in a competitive sealed bidding process, to an invitation for bid, or to a multi-step sealed bidding process.
(Source: P.A. 98-1076, eff. 1-1-15.)
|
(30 ILCS 500/1-15.02)
Sec. 1-15.02. Bidder. "Bidder" means one who submits a response in a competitive sealed bidding process, to an invitation for bid, or to a multi-step sealed bidding process.
(Source: P.A. 98-1076, eff. 1-1-15.)
|
(30 ILCS 500/1-15.03)
Sec. 1-15.03.
(Repealed).
(Source: P.A. 90-572, eff. 2-6-98. Repealed by P.A. 96-795, eff. 7-1-10.)
|
(30 ILCS 500/1-15.05)
Sec. 1-15.05.
Board.
"Board" means the Procurement
Policy Board.
(Source: P.A. 90-572, eff. 2-6-98.)
|
(30 ILCS 500/1-15.10)
Sec. 1-15.10.
Business.
"Business" means any corporation, partnership,
individual,
sole proprietorship, joint stock company, joint venture, or other
private legal entity.
(Source: P.A. 90-572, eff. 2-6-98.)
|
(30 ILCS 500/1-15.12)
Sec. 1-15.12. Change order. "Change order" means a change in a contract term, other than as specifically provided for in the contract, which authorizes or necessitates any increase or decrease in the cost of the contract or the time for completion for procurements subject to the jurisdiction of the chief procurement officers appointed pursuant to Section 10-20.
(Source: P.A. 98-1076, eff. 1-1-15.)
|
(30 ILCS 500/1-15.13)
Sec. 1-15.13. Chief Procurement Office. "Chief Procurement Office" means the offices to which the chief procurement officers are appointed pursuant to Section 10-20.
(Source: P.A. 98-1076, eff. 1-1-15.)
|
(30 ILCS 500/1-15.15)
Sec. 1-15.15. Chief Procurement Officer. "Chief
Procurement Officer" means any of the 4 persons appointed or approved by a majority of the members of the Executive Ethics Commission:
(1) for procurements for construction and
| | construction-related services committed by law to the jurisdiction or responsibility of the Capital Development Board, the independent chief procurement officer appointed by a majority of the members of the Executive Ethics Commission.
|
| (2) for procurements for all construction,
| | construction-related services, operation of any facility, and the provision of any construction or construction-related service or activity committed by law to the jurisdiction or responsibility of the Illinois Department of Transportation, including the direct or reimbursable expenditure of all federal funds for which the Department of Transportation is responsible or accountable for the use thereof in accordance with federal law, regulation, or procedure, the independent chief procurement officer appointed by the Secretary of Transportation with the consent of the majority of the members of the Executive Ethics Commission.
|
| (3) for all procurements made by a public institution
| | of higher education, the independent chief procurement officer appointed by a majority of the members of the Executive Ethics Commission.
|
| (4) (Blank).
(5) for all other procurements, the independent chief
| | procurement officer appointed by a majority of the members of the Executive Ethics Commission.
|
| (Source: P.A. 95-481, eff. 8-28-07; 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793 for the effective date of changes made by P.A. 96-795); 96-920, eff. 7-1-10.)
|
(30 ILCS 500/1-15.17)
Sec. 1-15.17. Contractor. "Contractor" means any person having a contract with a State agency as defined in Section 1-15.30.
(Source: P.A. 98-1076, eff. 1-1-15.)
|
(30 ILCS 500/1-15.20)
Sec. 1-15.20.
Construction and construction-related services.
"Construction" means
building, altering, repairing,
improving, or demolishing any public structure or building, or
making improvements of any kind
to public real property. Construction does not include the
routine operation, routine repair, or
routine maintenance of existing structures, buildings, or real
property.
"Construction-related services" means those services including construction
design, layout, inspection, support, feasibility or location study, research,
development, planning, or other investigative study undertaken by a
construction agency concerning construction or potential construction.
(Source: P.A. 90-572, eff. 2-6-98.)
|
(30 ILCS 500/1-15.25)
Sec. 1-15.25. Construction agency. "Construction agency"
means the Capital
Development Board for construction or remodeling of State-owned
facilities; the Illinois
Department of Transportation for construction or maintenance of
roads, highways, bridges, and
airports; the Illinois Toll Highway Authority for construction or
maintenance of toll highways; the Illinois Power Agency for construction, maintenance, and expansion of Agency-owned facilities, as defined in Section 1-10 of the Illinois Power Agency Act;
and any other State agency entering into construction contracts as
authorized by law or by
delegation from the chief procurement officer.
(Source: P.A. 95-481, eff. 8-28-07.)
|
(30 ILCS 500/1-15.30)
Sec. 1-15.30. Contract. "Contract" means all types of
State agreements, regardless
of what they may be called, for the procurement, use, or disposal
of supplies, services,
professional or artistic services, or construction or for leases of real
property where the State is the lessee, or
capital improvements,
and including renewals, master contracts, contracts for financing through
use of installment or
lease-purchase arrangements, renegotiated contracts, amendments to contracts, and change orders.
(Source: P.A. 98-1076, eff. 1-1-15.)
|
(30 ILCS 500/1-15.35)
Sec. 1-15.35.
Cost-reimbursement contract.
"Cost-reimbursement contract" means
a contract under which a contractor is reimbursed for costs that
are allowable and allocable in
accordance with the contract terms and the provisions of this
Code, and a fee, if any.
(Source: P.A. 90-572, eff. 2-6-98.)
|
(30 ILCS 500/1-15.42)
Sec. 1-15.42.
Grant.
"Grant" means the furnishing by the State of
assistance, whether financial or otherwise, to any person to support a program
authorized by law. It does not include an award the primary purpose of which
is to procure an end product for the direct benefit or use of the State agency
making the grant, whether in the form of goods, services, or construction. A
contract that results from such an award is not a grant and is
subject to this Code.
(Source: P.A. 90-572, eff. 2-6-98.)
|
(30 ILCS 500/1-15.45)
Sec. 1-15.45.
Invitation for bids.
"Invitation for bids"
means the process by which
a purchasing agency requests information from bidders, including
all documents, whether
attached or incorporated by reference, used for soliciting bids.
(Source: P.A. 90-572, eff. 2-6-98.)
|
(30 ILCS 500/1-15.50)
Sec. 1-15.50. Negotiation. "Negotiation" means the
process of selecting a contractor
other than by competitive sealed bids, multi-step sealed bidding,
or competitive sealed proposals,
whereby a purchasing agency can establish any and all terms and
conditions of a procurement
contract by discussion with one or more potential contractors.
(Source: P.A. 98-1076, eff. 1-1-15.)
|
(30 ILCS 500/1-15.51)
Sec. 1-15.51. Offer. "Offer" means a response submitted by an offeror in a competitive sealed proposal process or to a request for proposal.
(Source: P.A. 98-1076, eff. 1-1-15.)
|
(30 ILCS 500/1-15.52)
Sec. 1-15.52. Offeror. "Offeror" means any person who submits a proposal in response to a competitive sealed proposal process or a request for proposals.
(Source: P.A. 98-1076, eff. 1-1-15.)
|
(30 ILCS 500/1-15.55)
Sec. 1-15.55.
Person.
"Person" means any business,
public or private corporation,
partnership, individual, union, committee, club, unincorporated
association or other organization
or group of individuals, or other legal entity.
(Source: P.A. 90-572, eff. 2-6-98.)
|
(30 ILCS 500/1-15.60)
Sec. 1-15.60.
Professional and artistic services.
"Professional and artistic
services"
means those services provided under contract to a State agency by
a person or business, acting
as an independent contractor, qualified by education, experience,
and technical ability.
(Source: P.A. 90-572, eff. 2-6-98.)
|
(30 ILCS 500/1-15.65)
Sec. 1-15.65.
Purchase description.
"Purchase
description" means the words used
in a solicitation to describe the supplies, services, professional
or artistic services, or construction to be procured
or real property or capital improvements to be leased
and includes specifications
attached to or made a part of the solicitation.
(Source: P.A. 90-572, eff. 2-6-98.)
|
(30 ILCS 500/1-15.68)
Sec. 1-15.68.
Purchase of care.
"Purchase of care" means a contract with
a person for the furnishing of medical, educational, psychiatric, vocational,
rehabilitative, social, or human services directly to a recipient of a State
aid program.
(Source: P.A. 90-572, eff. 2-6-98.)
|
(30 ILCS 500/1-15.70)
Sec. 1-15.70. Purchasing agency. "Purchasing agency" means a State agency that enters into a contract at the direction of a State purchasing officer authorized by a chief procurement officer or a chief procurement officer.
(Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793 for the effective date of changes made by P.A. 96-795).)
|
(30 ILCS 500/1-15.75)
Sec. 1-15.75.
Request for proposals.
"Request for
proposals" means the process by
which a purchasing agency requests information from offerors,
including all documents, whether
attached or incorporated by reference, used for soliciting
proposals.
(Source: P.A. 90-572, eff. 2-6-98.)
|
(30 ILCS 500/1-15.80)
Sec. 1-15.80. Responsible bidder, potential contractor, or offeror.
"Responsible bidder, potential contractor, or offeror" means
a person who has the capability in all respects to perform fully
the contract requirements and
the integrity and reliability that will assure good faith
performance. A responsible bidder or offeror shall not include a business or other entity that does not exist as a legal entity at the time a bid or offer is submitted for a State contract.
(Source: P.A. 98-1076, eff. 1-1-15.)
|
(30 ILCS 500/1-15.85)
Sec. 1-15.85.
Responsive bidder.
"Responsive bidder"
means a person who has
submitted a bid that conforms in all material respects to the
invitation for bids.
(Source: P.A. 90-572, eff. 2-6-98.)
|
(30 ILCS 500/1-15.86)
Sec. 1-15.86. Responsive offeror. "Responsive offeror" means a person who has submitted an offer that conforms in all material respects to the request for proposals.
(Source: P.A. 98-1076, eff. 1-1-15.)
|
(30 ILCS 500/1-15.90)
Sec. 1-15.90.
Services.
"Services" means the furnishing
of labor, time, or effort by
a contractor, not involving the delivery of a specific end product
other than reports or supplies
that are incidental to the required performance.
(Source: P.A. 90-572, eff. 2-6-98.)
|
(30 ILCS 500/1-15.95)
Sec. 1-15.95.
Specifications.
"Specifications" means any
description, provision, or
requirement pertaining to the physical or functional
characteristics or of the nature of a supply,
service, or other item to be procured under a contract.
Specifications may include a description
of any requirement for inspecting, testing, or preparing a supply,
service, professional or artistic
service, construction, or other item for delivery.
(Source: P.A. 90-572, eff. 2-6-98.)
|
(30 ILCS 500/1-15.100)
Sec. 1-15.100.
State agency.
"State agency" means and includes all
boards, commissions, agencies, institutions, authorities, and bodies politic
and corporate of the State, created by or in accordance with the constitution
or statute, of the executive branch of State government and does include
colleges, universities, and institutions under the jurisdiction of the
governing boards of the University of Illinois, Southern Illinois University,
Illinois State University, Eastern Illinois University, Northern Illinois
University, Western Illinois University, Chicago State University, Governor
State University, Northeastern Illinois University, and the Board of Higher
Education. However, this term does
not apply to public employee retirement systems or investment boards that are
subject to fiduciary duties imposed by the Illinois Pension Code or to the
University of Illinois Foundation. "State agency" does not include units of
local government, school districts, community colleges under the Public
Community College Act, and the Illinois Comprehensive Health Insurance Board.
(Source: P.A. 90-572, eff. 2-6-98.)
|
(30 ILCS 500/1-15.105)
Sec. 1-15.105.
State purchasing officer.
"State purchasing officer"
means a person appointed by any of the chief procurement officers to exercise
the procurement authority created by this Code or by rule.
(Source: P.A. 90-572, eff. 2-6-98.)
|
(30 ILCS 500/1-15.107)
Sec. 1-15.107. Subcontract. "Subcontract" means a contract between a person and a person who has a contract subject to this Code, pursuant to which the subcontractor provides to the contractor, or, if the contract price exceeds $50,000, another subcontractor, some or all of the goods, services, real property, remuneration, or other monetary forms of consideration that are the subject of the primary contract and includes, among other things, subleases from a lessee of a State agency. For purposes of this Code, a "subcontract" does not include purchases of goods or supplies that are incidental to the performance of a contract by a person who has a contract subject to this Code.
(Source: P.A. 97-895, eff. 8-3-12; 98-1076, eff. 1-1-15.)
|
(30 ILCS 500/1-15.108)
Sec. 1-15.108. Subcontractor. "Subcontractor" means a person or entity that enters into a contractual agreement with a total value of $50,000 or more with a person or entity who has a contract subject to this Code pursuant to which the person or entity provides some or all of the goods, services, real property, remuneration, or other monetary forms of consideration that are the subject of the primary State contract, including subleases from a lessee of a State contract. For purposes of this Code, a person or entity is not a "subcontractor" if that person only provides goods or supplies that are incidental to the performance of a contract by a person who has a contract subject to this Code.
(Source: P.A. 97-895, eff. 8-3-12; 98-1076, eff. 1-1-15.)
|
(30 ILCS 500/1-15.110)
Sec. 1-15.110. Supplies. "Supplies" means all personal
property, including but not
limited to equipment, materials, printing, and insurance, and the
financing of those supplies that can be procured regularly or are available on the commercial market.
(Source: P.A. 98-1076, eff. 1-1-15.)
|
(30 ILCS 500/1-15.111)
Sec. 1-15.111. Supplier. "Supplier" means any person or entity providing supplies, including, but not limited to, equipment, materials, printing, and insurance, and the financing of those supplies that can be procured regularly or are available on the commercial market.
(Source: P.A. 98-1076, eff. 1-1-15.)
|
(30 ILCS 500/1-15.115)
Sec. 1-15.115.
Using agency.
"Using agency" means a
State agency that uses items
procured under this Code.
(Source: P.A. 90-572, eff. 2-6-98.)
|
(30 ILCS 500/1-25)
Sec. 1-25.
Property rights.
No person shall have any right to a specific
contract with the State unless that person has a contract that has been signed
by an officer or employee of the purchasing agency with appropriate signature
authority. The State shall be under no obligation to issue an award or execute
a contract.
(Source: P.A. 90-572, eff. date - See Sec. 99-5.)
|
(30 ILCS 500/1-30)
Sec. 1-30.
Applicability to Constitutional Officers and the Legislative
and Judicial Branches.
(a) The constitutional officers
shall procure their needs in a manner substantially in accordance with the
requirements of this Code and shall promulgate rules no less restrictive than
the requirements of this Code.
(b) The legislative and judicial branches are exempt from this Code. The
legislative and judicial branches shall make procurements in accordance with
rules promulgated to meet their needs. Procurement rules promulgated by the
legislative and judicial branches may incorporate provisions of this Code.
(Source: P.A. 90-572, eff. date - See Sec. 99-5.)
|
|
