(30 ILCS 500/Art. 20 heading)
ARTICLE 20
SOURCE SELECTION AND CONTRACT FORMATION
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(30 ILCS 500/20-5)
Sec. 20-5. Method of source selection. Unless otherwise authorized by
law, all State contracts shall be awarded
by competitive sealed bidding, in accordance with Section 20-10,
except as provided in Sections 20-15, 20-20, 20-25, 20-30, 20-35, 30-15, and
40-20. The chief procurement officers appointed pursuant to Section 10-20 may determine the method of solicitation and contract for all procurements pursuant to this Code.
(Source: P.A. 98-1076, eff. 1-1-15 .)
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(30 ILCS 500/20-10)
(Text of Section from P.A. 96-159, 96-588, 97-96, 97-895, and 98-1076)
Sec. 20-10. Competitive sealed bidding; reverse auction.
(a) Conditions for use. All contracts shall be awarded by
competitive sealed bidding
except as otherwise provided in Section 20-5.
(b) Invitation for bids. An invitation for bids shall be
issued and shall include a
purchase description and the material contractual terms and
conditions applicable to the
procurement.
(c) Public notice. Public notice of the invitation for bids shall be
published in the Illinois Procurement Bulletin at least 14 calendar days before the date
set in the invitation for the opening of bids.
(d) Bid opening. Bids shall be opened publicly in the
presence of one or more witnesses
at the time and place designated in the invitation for bids. The
name of each bidder, the amount
of each bid, and other relevant information as may be specified by
rule shall be
recorded. After the award of the contract, the winning bid and the
record of each unsuccessful bid shall be open to
public inspection.
(e) Bid acceptance and bid evaluation. Bids shall be
unconditionally accepted without
alteration or correction, except as authorized in this Code. Bids
shall be evaluated based on the
requirements set forth in the invitation for bids, which may
include criteria to determine
acceptability such as inspection, testing, quality, workmanship,
delivery, and suitability for a
particular purpose. Those criteria that will affect the bid price
and be considered in evaluation
for award, such as discounts, transportation costs, and total or
life cycle costs, shall be
objectively measurable. The invitation for bids shall set forth
the evaluation criteria to be used.
(f) Correction or withdrawal of bids. Correction or
withdrawal of inadvertently
erroneous bids before or after award, or cancellation of awards of
contracts based on bid
mistakes, shall be permitted in accordance with rules.
After bid opening, no
changes in bid prices or other provisions of bids prejudicial to
the interest of the State or fair
competition shall be permitted. All decisions to permit the
correction or withdrawal of bids
based on bid mistakes shall be supported by written determination
made by a State purchasing officer.
(g) Award. The contract shall be awarded with reasonable
promptness by written notice
to the lowest responsible and responsive bidder whose bid meets
the requirements and criteria
set forth in the invitation for bids, except when a State purchasing officer
determines it is not in the best interest of the State and by written
explanation determines another bidder shall receive the award. The explanation
shall appear in the appropriate volume of the Illinois Procurement Bulletin. The written explanation must include:
(1) a description of the agency's needs;
(2) a determination that the anticipated cost will be
| | (3) a listing of all responsible and responsive
| | (4) the name of the bidder selected, the total
| | contract price, and the reasons for selecting that bidder.
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| Each chief procurement officer may adopt guidelines to implement the requirements of this subsection (g).
The written explanation shall be filed with the Legislative Audit Commission and the Procurement Policy Board, and be made available for inspection by the public, within 30 calendar days after the agency's decision to award the contract.
(h) Multi-step sealed bidding. When it is considered
impracticable to initially prepare
a purchase description to support an award based on price, an
invitation for bids may be issued
requesting the submission of unpriced offers to be followed by an
invitation for bids limited to
those bidders whose offers have been qualified under the criteria
set forth in the first solicitation.
(i) Alternative procedures. Notwithstanding any other provision of this Act to the contrary, the Director of the Illinois Power Agency may create alternative bidding procedures to be used in procuring professional services under subsection (a) of Section 1-75 and subsection (d) of Section 1-78 of the Illinois Power Agency Act and Section 16-111.5(c) of the Public Utilities Act and to procure renewable energy resources under Section 1-56 of the Illinois Power Agency Act. These alternative procedures shall be set forth together with the other criteria contained in the invitation for bids, and shall appear in the appropriate volume of the Illinois Procurement Bulletin.
(j) Reverse auction. Notwithstanding any other provision of this Section and in accordance with rules adopted by the chief procurement officer, that chief procurement officer may procure supplies or services through a competitive electronic auction bidding process after the chief procurement officer determines that the use of such a process will be in the best interest of the State. The chief procurement officer shall publish that determination in his or her next volume of the Illinois Procurement Bulletin.
An invitation for bids shall be issued and shall include (i) a procurement description, (ii) all contractual terms, whenever practical, and (iii) conditions applicable to the procurement, including a notice that bids will be received in an electronic auction manner.
Public notice of the invitation for bids shall be given in the same manner as provided in subsection (c).
Bids shall be accepted electronically at the time and in the manner designated in the invitation for bids. During the auction, a bidder's price shall be disclosed to other bidders. Bidders shall have the opportunity to reduce their bid prices during the auction. At the conclusion of the auction, the record of the bid prices received and the name of each bidder shall be open to public inspection.
After the auction period has terminated, withdrawal of bids shall be permitted as provided in subsection (f).
The contract shall be awarded within 60 calendar days after the auction by written notice to the lowest responsible bidder, or all bids shall be rejected except as otherwise provided in this Code. Extensions of the date for the award may be made by mutual written consent of the State purchasing officer and the lowest responsible bidder.
This subsection does not apply to (i) procurements of professional and artistic services, (ii) telecommunications services, communication services, and information services, and (iii) contracts for construction projects, including design professional services.
(Source: P.A. 97-96, eff. 7-13-11; 97-895, eff. 8-3-12; 98-1076, eff. 1-1-15.)
(Text of Section from P.A. 96-159, 96-795, 97-96, 97-895, and 98-1076)
Sec. 20-10. Competitive sealed bidding; reverse auction.
(a) Conditions for use. All contracts shall be awarded by
competitive sealed bidding
except as otherwise provided in Section 20-5.
(b) Invitation for bids. An invitation for bids shall be
issued and shall include a
purchase description and the material contractual terms and
conditions applicable to the
procurement.
(c) Public notice. Public notice of the invitation for bids shall be
published in the Illinois Procurement Bulletin at least 14 calendar days before the date
set in the invitation for the opening of bids.
(d) Bid opening. Bids shall be opened publicly in the
presence of one or more witnesses
at the time and place designated in the invitation for bids. The
name of each bidder, the amount
of each bid, and other relevant information as may be specified by
rule shall be
recorded. After the award of the contract, the winning bid and the
record of each unsuccessful bid shall be open to
public inspection.
(e) Bid acceptance and bid evaluation. Bids shall be
unconditionally accepted without
alteration or correction, except as authorized in this Code. Bids
shall be evaluated based on the
requirements set forth in the invitation for bids, which may
include criteria to determine
acceptability such as inspection, testing, quality, workmanship,
delivery, and suitability for a
particular purpose. Those criteria that will affect the bid price
and be considered in evaluation
for award, such as discounts, transportation costs, and total or
life cycle costs, shall be
objectively measurable. The invitation for bids shall set forth
the evaluation criteria to be used.
(f) Correction or withdrawal of bids. Correction or
withdrawal of inadvertently
erroneous bids before or after award, or cancellation of awards of
contracts based on bid
mistakes, shall be permitted in accordance with rules.
After bid opening, no
changes in bid prices or other provisions of bids prejudicial to
the interest of the State or fair
competition shall be permitted. All decisions to permit the
correction or withdrawal of bids
based on bid mistakes shall be supported by written determination
made by a State purchasing officer.
(g) Award. The contract shall be awarded with reasonable
promptness by written notice
to the lowest responsible and responsive bidder whose bid meets
the requirements and criteria
set forth in the invitation for bids, except when a State purchasing officer
determines it is not in the best interest of the State and by written
explanation determines another bidder shall receive the award. The explanation
shall appear in the appropriate volume of the Illinois Procurement Bulletin. The written explanation must include:
(1) a description of the agency's needs;
(2) a determination that the anticipated cost will be
| | (3) a listing of all responsible and responsive
| | (4) the name of the bidder selected, the total
| | contract price, and the reasons for selecting that bidder.
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| Each chief procurement officer may adopt guidelines to implement the requirements of this subsection (g).
The written explanation shall be filed with the Legislative Audit Commission and the Procurement Policy Board, and be made available for inspection by the public, within 30 days after the agency's decision to award the contract.
(h) Multi-step sealed bidding. When it is considered
impracticable to initially prepare
a purchase description to support an award based on price, an
invitation for bids may be issued
requesting the submission of unpriced offers to be followed by an
invitation for bids limited to
those bidders whose offers have been qualified under the criteria
set forth in the first solicitation.
(i) Alternative procedures. Notwithstanding any other provision of this Act to the contrary, the Director of the Illinois Power Agency may create alternative bidding procedures to be used in procuring professional services under subsection (a) of Section 1-75 and subsection (d) of Section 1-78 of the Illinois Power Agency Act and Section 16-111.5(c) of the Public Utilities Act and to procure renewable energy resources under Section 1-56 of the Illinois Power Agency Act. These alternative procedures shall be set forth together with the other criteria contained in the invitation for bids, and shall appear in the appropriate volume of the Illinois Procurement Bulletin.
(j) Reverse auction. Notwithstanding any other provision of this Section and in accordance with rules adopted by the chief procurement officer, that chief procurement officer may procure supplies or services through a competitive electronic auction bidding process after the chief procurement officer determines that the use of such a process will be in the best interest of the State. The chief procurement officer shall publish that determination in his or her next volume of the Illinois Procurement Bulletin.
An invitation for bids shall be issued and shall include (i) a procurement description, (ii) all contractual terms, whenever practical, and (iii) conditions applicable to the procurement, including a notice that bids will be received in an electronic auction manner.
Public notice of the invitation for bids shall be given in the same manner as provided in subsection (c).
Bids shall be accepted electronically at the time and in the manner designated in the invitation for bids. During the auction, a bidder's price shall be disclosed to other bidders. Bidders shall have the opportunity to reduce their bid prices during the auction. At the conclusion of the auction, the record of the bid prices received and the name of each bidder shall be open to public inspection.
After the auction period has terminated, withdrawal of bids shall be permitted as provided in subsection (f).
The contract shall be awarded within 60 calendar days after the auction by written notice to the lowest responsible bidder, or all bids shall be rejected except as otherwise provided in this Code. Extensions of the date for the award may be made by mutual written consent of the State purchasing officer and the lowest responsible bidder.
This subsection does not apply to (i) procurements of professional and artistic services, (ii) telecommunications services, communication services, and information services,
and (iii) contracts for construction projects, including design professional services.
(Source: P.A. 97-96, eff. 7-13-11; 97-895, eff. 8-3-12; 98-1076, eff. 1-1-15 .)
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(30 ILCS 500/20-15)
Sec. 20-15. Competitive sealed proposals.
(a) Conditions for use. When provided under this Code or under
rules, or when
the purchasing agency determines in writing that the use of
competitive sealed bidding
is either not practicable or not advantageous to the State, a
contract may be entered into by
competitive sealed proposals.
(b) Request for proposals. Proposals shall be solicited
through a request for proposals.
(c) Public notice. Public notice of the request for
proposals shall be published in the
Illinois Procurement Bulletin at least 14 calendar days before the date set
in the invitation for the opening
of proposals.
(d) Receipt of proposals. Proposals shall be opened
publicly in the presence of one or
more witnesses at the time and place designated in the request for
proposals, but proposals shall
be opened in a manner to avoid disclosure of contents to competing
offerors during the process
of negotiation. A record of proposals shall be prepared and
shall be open for public inspection
after contract award.
(e) Evaluation factors. The requests for proposals shall
state the relative importance of
price and other evaluation factors. Proposals shall be submitted
in 2 parts: the first, covering
items except price; and the second, covering price. The first
part of all proposals shall be
evaluated and ranked independently of the second part of
all proposals.
(f) Discussion with responsible offerors and revisions of offers or
proposals. As provided in the
request for proposals and under rules, discussions
may be conducted with
responsible offerors who submit offers or proposals determined to be
reasonably susceptible of being
selected for award for the purpose of clarifying and assuring full
understanding of and
responsiveness to the solicitation requirements. Those offerors
shall be accorded fair and equal
treatment with respect to any opportunity for discussion and
revision of proposals. Revisions
may be permitted after submission and before award for the
purpose of obtaining best and final
offers. In conducting discussions there shall be no disclosure of
any information derived from
proposals submitted by competing offerors.
If information is disclosed to any offeror, it shall be
provided to all competing offerors.
(g) Award. Awards shall be made to the responsible offeror
whose proposal is
determined in writing to be the most advantageous to the State,
taking into consideration price
and the evaluation factors set forth in the request for proposals.
The contract file shall contain
the basis on which the award is
made.
(Source: P.A. 98-1076, eff. 1-1-15 .)
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(30 ILCS 500/20-20)
Sec. 20-20.
Small purchases.
(a) Amount. Any individual procurement of supplies or
services other than professional
or artistic services, not exceeding $10,000 and any procurement of
construction not exceeding
$30,000 may be made without competitive sealed bidding.
Procurements shall not be artificially
divided so as to constitute a small purchase under this Section.
(b) Adjustment. Each July 1, the small purchase maximum
established in subsection (a)
shall be adjusted for inflation as determined by the Consumer
Price Index for All Urban Consumers as determined by the United States
Department of Labor and rounded to the nearest $100.
(c) Based upon rules proposed by the Board and rules promulgated by the
chief procurement officers, the small purchase maximum established in
subsection
(a) may be modified.
(Source: P.A. 90-572, eff. date - See Sec. 99-5.)
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(30 ILCS 500/20-25)
Sec. 20-25. Sole source procurements.
(a) In accordance with
standards set by rule,
contracts may be awarded without use of the specified
method of source selection when
there is only one economically feasible source for the item. A State contract may be awarded as a sole source procurement unless an interested party submits a written request for a public hearing at which the chief procurement officer and purchasing agency present written justification for the procurement method. Any interested party may present testimony. A sole source contract where a hearing was requested by an interested party may be awarded after the hearing is conducted with the approval of the chief procurement officer.
(b) This Section may not be used as a basis for amending a contract for professional or artistic services if the amendment would result in an increase in the amount paid under the contract of more than 5% of the initial award, or would extend the contract term beyond the time reasonably needed for a competitive procurement, not to exceed 2 months.
(c) Notice of intent to enter into a sole source contract shall be provided to the Procurement Policy Board and published in the online electronic Bulletin at least 14 calendar days before the public hearing required in subsection (a). The notice shall include the sole source procurement justification form prescribed by the Board, a description of the item to be procured, the intended sole source contractor, and the date, time, and location of the public hearing. A copy of the notice and all documents provided at the hearing shall be included in the subsequent Procurement Bulletin.
(d) By August 1 each year, each chief procurement officer shall file a report with the General Assembly identifying each contract the officer sought under the sole source procurement method and providing the justification given for seeking sole source as the procurement method for each of those contracts.
(Source: P.A. 97-895, eff. 8-3-12; 98-1076, eff. 1-1-15 .)
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(30 ILCS 500/20-30)
Sec. 20-30. Emergency purchases.
(a) Conditions for use. In accordance with standards set by
rule, a purchasing
agency may make emergency procurements without competitive sealed
bidding or prior notice
when there exists a threat to public health or public safety, or
when immediate expenditure is
necessary for repairs to State property in order to protect
against further loss of or damage to
State property, to prevent or minimize serious disruption in critical State
services that affect health, safety, or collection of substantial State revenues, or to ensure the
integrity of State records; provided, however, that the term of the emergency purchase shall be limited to the time reasonably needed for a competitive procurement, not to exceed 90 calendar days. A contract may be extended beyond 90 calendar days if the chief procurement officer determines additional time is necessary and that the contract scope and duration are limited to the emergency. Prior to execution of the extension, the chief procurement officer must hold a public hearing and provide written justification for all emergency contracts. Members of the public may present testimony. Emergency procurements shall be made
with as much competition
as is practicable under the circumstances.
A written
description of the basis for the emergency and reasons for the
selection of the particular
contractor shall be included in the contract file.
(b) Notice. Notice of all emergency procurements shall be provided to the Procurement Policy Board and published in the online electronic Bulletin no later than 5 calendar days after the contract is awarded. Notice of intent to extend an emergency contract shall be provided to the Procurement Policy Board and published in the online electronic Bulletin at least 14 calendar days before the public hearing. Notice shall include at least a description of the need for the emergency purchase, the contractor, and if applicable, the date, time, and location of the public hearing. A copy of this notice and all documents provided at the hearing shall be included in the subsequent Procurement Bulletin. Before the next appropriate volume of the Illinois Procurement
Bulletin, the purchasing agency shall publish in the
Illinois Procurement Bulletin a copy of each written description
and reasons and the total cost
of each emergency procurement made during the previous month.
When only an estimate of the
total cost is known at the time of publication, the estimate shall
be identified as an estimate and
published. When the actual total cost is determined, it shall
also be published in like manner
before the 10th day of the next succeeding month.
(c) Affidavits. A chief procurement officer making a procurement
under this Section shall file
affidavits with the Procurement Policy Board and the Auditor General within
10 calendar days
after the procurement setting
forth the amount expended, the name of the contractor involved,
and the conditions and
circumstances requiring the emergency procurement. When only an
estimate of the cost is
available within 10 calendar days after the procurement, the actual cost
shall be reported immediately
after it is determined. At the end of each fiscal quarter, the
Auditor General shall file with the
Legislative Audit Commission and the Governor a complete listing
of all emergency
procurements reported during that fiscal quarter. The Legislative
Audit Commission shall
review the emergency procurements so reported and, in its annual
reports, advise the General
Assembly of procurements that appear to constitute an abuse of
this Section.
(d) Quick purchases. The chief procurement officer may promulgate rules
extending the circumstances by which a purchasing agency may make purchases
under this Section, including but not limited to the procurement of items
available at a discount for a limited period of time.
(e) The changes to this Section made by this amendatory Act of the 96th General Assembly apply to procurements executed on or after its effective date.
(Source: P.A. 98-1076, eff. 1-1-15 .)
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(30 ILCS 500/20-35)
Sec. 20-35. Competitive selection procedures.
(a) Conditions for use. The services specified in Article
35
shall be procured in accordance with this Section,
except as authorized under Sections
20-25 and 20-30 of
this Article.
(b) Statement of qualifications. Respondents shall
submit statements of
qualifications and expressions of interest. The chief procurement officer
shall specify a uniform format for
statements of qualifications. Persons may amend these statements
at any time by filing a new
statement.
(c) Public announcement and form of request for proposals.
Public notice of the need
for the procurement shall be given in the form of a request for
proposals and published in the
Illinois Procurement Bulletin at least 14 calendar days before the date set
in the request for proposals for
the opening of proposals. The request for proposals shall
describe the services required, list the type of information and data required
of each respondent, and state the
relative importance of particular qualifications.
(d) Discussions. The purchasing agency may conduct
discussions with any respondent who
has submitted a response to determine the respondent's qualifications
for further consideration.
Discussions shall not disclose any information derived from
proposals submitted by other respondents.
(e) Award. Award shall be made to the respondent determined in
writing by the purchasing
agency to be best qualified based on the evaluation factors set
forth in the request for proposals
and negotiation of compensation determined to be fair and
reasonable.
(Source: P.A. 98-1076, eff. 1-1-15 .)
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(30 ILCS 500/20-40)
Sec. 20-40. Cancellation of invitations for bids or
requests for proposals. An
invitation for bids, a request for proposals, or any other
solicitation may be cancelled without penalty, or any
and all bids, offers, proposals, or any other solicitation may be rejected in whole or in part as
may be specified in the
solicitation, when it is in the best interests of the State in
accordance with rules.
The reasons for cancellation or rejection shall be
made part of the contract file.
(Source: P.A. 98-1076, eff. 1-1-15 .)
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(30 ILCS 500/20-43)
Sec. 20-43. Bidder or offeror authorized to do business in Illinois. In addition to meeting any other requirement of law or rule, a person (other than an individual acting as a sole proprietor) may qualify as a bidder or offeror under this Code only if the person is a legal entity authorized to transact business or conduct affairs in Illinois prior to submitting the bid, offer, or proposal.
(Source: P.A. 98-1076, eff. 1-1-15 .)
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(30 ILCS 500/20-45)
Sec. 20-45.
Prequalification of suppliers.
The chief procurement officer
shall promulgate rules for the
development of prequalified supplier lists for appropriate
categories of purchases and the annual
updating of those lists.
(Source: P.A. 90-572, eff. date - See Sec. 99-5.)
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(30 ILCS 500/20-50)
Sec. 20-50. Specifications. Specifications shall be
prepared in accordance with consistent
standards that are promulgated by the chief procurement officer and reviewed by
the
Board and the Joint Committee on Administrative Rules. Those standards shall
include
a prohibition against the use
of brand-name only products, except for products intended for retail sale or as
specified by rule. All specifications
shall seek to promote overall
economy for the purposes intended and encourage competition in
satisfying the State's needs
and shall not be unduly restrictive.
A solicitation or specification for a contract or a contract, including but not limited to of a college, university, or institution under the jurisdiction of a
governing board listed in Section 1-15.100, may not require, stipulate,
suggest, or encourage a monetary or other financial contribution or donation, cash bonus or incentive, economic investment, or other prohibited conduct as
an explicit or implied term or condition for awarding or completing the
contract. The contract, solicitation, or specification also may not include
a requirement that an individual or individuals employed by
such
a college,
university, or institution receive a consulting
contract for professional services.
As used in this Section, "prohibited conduct" includes requested payments or other consideration by a third party to the university or State agency that is not part of the solicitation or that is unrelated to the subject matter or purpose of the solicitation. "Prohibited conduct" does not include a payment from the vendor that is supported by additional consideration (such as exclusive rights to sell items or rights to advertise), other than the consideration of the State's awarding a contract to purchase of goods and services.
(Source: P.A. 98-1076, eff. 1-1-15 .)
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(30 ILCS 500/20-55)
Sec. 20-55.
Types of contracts.
Subject to the
limitations of this Section and unless
otherwise authorized by law, any type of contract that will
promote the best interests of the State
may be used, except that cost-plus-a-percentage-of-cost contracts
are prohibited. A
cost-reimbursement contract may be used only when a determination
is made in writing that a
cost-reimbursement contract is likely to be less costly to the
State than any other type or that it
is impracticable to obtain the item required except under that
type of contract. The general form
of contracts shall be determined by the chief procurement officer.
(Source: P.A. 90-572, eff. date - See Sec. 99-5.)
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(30 ILCS 500/20-60)
Sec. 20-60. Duration of contracts.
(a) Maximum duration. A contract, other than a contract entered into pursuant to the State University Certificates of Participation Act, may be entered into for
any period of time deemed
to be in the best interests of the State but not
exceeding 10 years inclusive, beginning January 1, 2010, of proposed contract renewals. The length of
a lease for real property or capital improvements shall be in
accordance with the provisions of
Section 40-25. A contract for bond or mortgage insurance awarded by the Illinois Housing Development Authority, however, may be entered into for any period of time less than or equal to the maximum period of time that the subject bond or mortgage may remain outstanding.
(b) Subject to appropriation. All contracts made or entered
into shall recite that they are
subject to termination and cancellation in any year for which the
General Assembly fails to make
an appropriation to make payments under the terms of the contract.
(c) The chief procurement officer shall file a proposed extension or renewal of a contract with the Procurement Policy Board prior to entering into any extension or renewal if the cost associated with the extension or renewal exceeds $249,999. The Procurement Policy Board may object to the proposed extension or renewal within 30 calendar days and require a hearing before the Board prior to entering into the extension or renewal. If the Procurement Policy Board does not object within 30 calendar days or takes affirmative action to recommend the extension or renewal, the chief procurement officer may enter into the extension or renewal of a contract. This subsection does not apply to any emergency procurement, any procurement under Article 40, or any procurement exempted by Section 1-10(b) of this Code. If any State agency contract is paid for in whole or in part with federal-aid funds, grants, or loans and the provisions of this subsection would result in the loss of those federal-aid funds, grants, or loans, then the contract is exempt from the provisions of this subsection in order to remain eligible for those federal-aid funds, grants, or loans, and the State agency shall file notice of this exemption with the Procurement Policy Board prior to entering into the proposed extension or renewal. Nothing in this subsection permits a chief procurement officer to enter into an extension or renewal in violation of subsection (a). By August 1 each year, the Procurement Policy Board shall file a report with the General Assembly identifying for the previous fiscal year (i) the proposed extensions or renewals that were filed with the Board and whether the Board objected and (ii) the contracts exempt from this subsection.
(Source: P.A. 95-344, eff. 8-21-07; 96-15, eff. 6-22-09; 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; 96-1478, eff. 8-23-10.)
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(30 ILCS 500/20-65)
Sec. 20-65. Right to audit records.
(a) Maintenance of books and records. Every contract and
subcontract shall require the
contractor or subcontractor, as applicable, to maintain books and
records relating to the
performance of the contract or subcontract and necessary to
support amounts charged to the State
under the contract or subcontract. The books and records shall be
maintained by the contractor
for a period of 3 years from the later of the date of final
payment under the contract or
completion of the contract and by the subcontractor for a period
of 3 years from the later of the
date of final payment under the subcontract or completion of the
subcontract. However, the 3-year
period shall be extended for the duration of any audit in
progress at the time of that
period's expiration.
(b) Audit. Every contract and subcontract shall provide
that all books and records
required to be maintained under subsection (a) shall be
available for review and audit by
the Auditor General, chief procurement officer, internal auditor, and the purchasing agency. Every contract
and subcontract shall require
the contractor and subcontractor, as applicable, to cooperate
fully with any audit.
(c) Failure
to maintain books and records. Failure to maintain the
books and records required by
this Section shall establish a presumption in favor of the State
for the recovery of any funds paid
by the State for which required books and records are not
available.
(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) .)
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(30 ILCS 500/20-70)
Sec. 20-70. Finality of determinations. Except as otherwise provided in this Code, determinations
made by a chief procurement officer, State purchasing officer, or a purchasing agency
under this Code are final and conclusive unless they are clearly
erroneous, arbitrary, capricious,
or contrary to law.
(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) .)
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(30 ILCS 500/20-75)
Sec. 20-75. Disputes and protests. The chief procurement officers shall
by rule establish procedures to
be followed in resolving protested
solicitations and awards and contract
controversies, for debarment or suspension of contractors, and for
resolving other procurement-related disputes.
(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) .)
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(30 ILCS 500/20-80)
Sec. 20-80. Contract files.
(a) Written determinations. All written determinations
required under this Article shall
be placed in the contract file maintained by the chief procurement officer.
(b) Filing with Comptroller. Whenever a grant, defined pursuant to
accounting standards established by the Comptroller, or a contract
liability,
except for:
(1) contracts paid
from personal services, or
(2) contracts between the State and its
employees to defer
compensation in accordance with Article 24 of the Illinois Pension Code,
exceeding $20,000 is incurred by any
State agency, a copy of the contract, purchase order, grant, or
lease shall be filed with the
Comptroller within 30 calendar days thereafter. Beginning January 1, 2013, the Comptroller may require that contracts and grants required to be filed with the Comptroller under this Section shall be filed electronically, unless the agency is incapable of filing the contract or grant electronically because it does not possess the necessary technology or equipment. Any agency that is incapable of electronically filing its contracts or grants shall submit a written statement to the Governor and to the Comptroller attesting to the reasons for its inability to comply. This statement shall include a discussion of what the agency needs in order to effectively comply with this Section. Prior to requiring electronic filing, the Comptroller shall consult with the Governor as to the feasibility of establishing mutually agreeable technical standards for the electronic document imaging, storage, and transfer of contracts and grants, taking into consideration the technology available to that agency, best practices, and the technological capabilities of State agencies. Nothing in this amendatory Act of the 97th General Assembly shall be construed to impede the implementation of an Enterprise Resource Planning (ERP) system. For each State contract for goods, supplies, or services awarded on or after July 1, 2010, the contracting agency shall provide the applicable rate and unit of measurement of the goods, supplies, or services on the contract obligation document as required by the Comptroller. If the contract obligation document that is submitted to the Comptroller contains the rate and unit of measurement of the goods, supplies, or services, the Comptroller shall provide that information on his or her official website. Any cancellation or
modification to any such contract
liability shall be filed with the Comptroller within 30 calendar days of
its execution.
(c) Late filing affidavit. When a contract, purchase order, grant,
or lease required to be
filed by this Section has not been filed within 30 calendar days of
execution, the Comptroller shall refuse
to issue a warrant for payment thereunder until the agency files
with the Comptroller the
contract, purchase order, grant, or lease and an affidavit, signed by the
chief executive officer of the
agency or his or her designee, setting forth an explanation of why
the contract liability was not
filed within 30 calendar days of execution. A copy of this affidavit shall
be filed with the Auditor
General.
(d) Timely execution of contracts. No
voucher shall be submitted to the
Comptroller for a warrant to be drawn for the payment of money
from the State treasury or from
other funds held by the State Treasurer on account of any contract unless the
contract is reduced to writing
before the services are performed and filed with the Comptroller. Vendors shall not be paid for any goods that were received or services that were rendered before the contract was reduced to writing and signed by all necessary parties. A chief procurement officer may request an exception to this subsection by submitting a written statement to the Comptroller and Treasurer setting forth the circumstances and reasons why the contract could not be reduced to writing before the supplies were received or services were performed. A waiver of this subsection must be approved by the Comptroller and Treasurer. This Section shall not apply to emergency purchases if notice of the emergency purchase is filed with the Procurement Policy Board and published in the Bulletin as required by this Code.
(e) Method of source selection. When a contract is filed
with the Comptroller under this
Section, the Comptroller's file shall identify the method of
source selection used in obtaining the
contract.
(Source: P.A. 97-932, eff. 8-10-12; 98-1076, eff. 1-1-15 .)
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(30 ILCS 500/20-85)
Sec. 20-85.
Federal requirements.
A State agency receiving federal-aid
funds, grants, or loans shall have authority to adopt its procedures, rules,
project statements, drawings, maps, surveys, plans, specifications, contract
terms, estimates, bid forms, bond forms, and other documents or practices to
comply with the regulations, policies, and procedures of the designated
authority, administration, or department of the United States, in order to
remain eligible for such federal-aid funds, grants, or loans.
(Source: P.A. 90-572, eff. date - See Sec. 99-5.)
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(30 ILCS 500/20-90)
Sec. 20-90.
Foreign country procurements.
Procurements to meet the needs
of State offices located in foreign countries shall comply with the provisions
of this Code to the extent practical.
(Source: P.A. 90-572, eff. date - See Sec. 99-5.)
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(30 ILCS 500/20-95)
Sec. 20-95. Donations. Nothing in this Code or in the rules promulgated
under this Code shall prevent any State agency from complying with the terms
and conditions of any grant, gift, or bequest that calls for the procurement of
a particular good or service or the use of a particular vendor, provided
that the grant, gift, or bequest provides majority funding for the contract.
(Source: P.A. 98-1076, eff. 1-1-15 .)
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(30 ILCS 500/20-105)
Sec. 20-105. State agency printing. All books, pamphlets, documents, and
reports published through or by
the State of Illinois or any State agency, board, or commission
shall have printed thereon
"Printed by authority of the State of Illinois", the date of each
publication, the number of copies
printed, and the printing order number. Each using agency shall be
responsible for ascertaining
the compliance of printing materials procured by or for it with
this Section. No printing or
reproduction contract shall be let and no printing or
reproduction shall be accomplished when
that wording does not appear on the material to be printed or
reproduced. No publication
may have written, stamped, or printed on it, or attached to it,
"Compliments of ........
(naming a person)" or any words of similar import.
This Section does not apply to the printing by a public institution of higher education of material not paid for in any portion from funds appropriated by the General Assembly, printing that is performed by a university unit, or printing that is performed in conjunction with contracts referenced in subsection (b)(1) of Section 1-10.
(Source: P.A. 95-75, eff. 8-13-07.)
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(30 ILCS 500/20-110)
Sec. 20-110.
Printing cost offsets.
The chief procurement officer may
promulgate rules permitting the exchange of advertising rights in or receipt of
free copies of printed products procured under this Article as a means of
reducing printing costs. The rules shall specify the appropriate method of
source selection to be used to competitively acquire printing cost offsets.
(Source: P.A. 90-572, eff. date - See Sec. 99-5.)
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(30 ILCS 500/20-120)
Sec. 20-120. Subcontractors.
(a) Any contract granted under this Code shall state whether the services of a subcontractor will be used. The contract shall include the names and addresses of all known subcontractors with subcontracts with an annual value of more than $50,000, the general type of work to be performed by these subcontractors, and the expected amount of money each will receive under the contract. Upon the request of the chief procurement officer appointed pursuant to paragraph (2) of subsection (a) of Section 10-20, the contractor shall provide the chief procurement officer a copy of a subcontract so identified within 15 calendar days after the request is made. A subcontractor, or contractor on behalf of a subcontractor, may identify information that is deemed proprietary or confidential. If the chief procurement officer determines the information is not relevant to the primary contract, the chief procurement officer may excuse the inclusion of the information. If the chief procurement officer determines the information is proprietary or could harm the business interest of the subcontractor, the chief procurement officer may, in his or her discretion, redact the information. Redacted information shall not become part of the public record.
(b) If at any time during the term of a contract, a contractor adds or changes any subcontractors, he or she shall promptly notify, in writing, the chief procurement officer, State purchasing officer, or their designee of the names and addresses of each new or replaced subcontractor and the general type of work to be performed. Upon the request of the chief procurement officer appointed pursuant to paragraph (2) of subsection (a) of Section 10-20, the contractor shall provide the chief procurement officer a copy of any new or amended subcontract so identified within 15 calendar days after the request is made.
(c) In addition to any other requirements of this Code, a subcontract subject to this Section must include all of the subcontractor's certifications required by Article 50 of the Code.
(d) This Section applies to procurements solicited on or after the effective date of this amendatory Act of the 96th General Assembly.
The changes made to this Section by this amendatory Act of the 97th General Assembly apply to procurements solicited on or after the effective date of this amendatory Act of the 97th General Assembly.
(Source: P.A. 97-895, eff. 8-3-12; 98-1076, eff. 1-1-15 .)
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(30 ILCS 500/20-150)
Sec. 20-150. Proposed contracts; Procurement Policy Board. This Article is subject to Section 5-30 of this Code.
(Source: P.A. 93-839, eff. 7-30-04.)
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(30 ILCS 500/20-155)
Sec. 20-155. Solicitation and contract documents.
(a) Each chief procurement officer appointed pursuant to Section 10-20 shall have the sole authority in their respective jurisdiction to develop and distribute uniform documents for the solicitation, review, and acceptance of all bids, offers, and responses and the award of contracts pursuant to this Code. If a chief procurement officer appointed pursuant to Section 10-20 exercises the authority to develop and distribute uniform documents for the solicitation, review and acceptance of all bids, offers and responses and the award of contracts, then the State agency shall use the uniform documents.
(b) After award of a contract and subject to provisions of the Freedom of Information Act, the procuring agency shall make available for public inspection and copying all pre-award, post-award, administration, and close-out documents relating to that particular contract.
(c) A procurement file shall be maintained for all contracts, regardless of the method of procurement. The procurement file shall contain the basis on which the award is made, all submitted bids and proposals, all evaluation materials, score sheets and all other documentation related to or prepared in conjunction with evaluation, negotiation, and the award process. The procurement file shall contain a written determination, signed by the chief procurement officer or State purchasing officer, setting forth the reasoning for the contract award decision. The procurement file shall not include trade secrets or other competitively sensitive, confidential, or proprietary information. The procurement file shall be open to public inspection within 7 calendar days following award of the contract.
(Source: P.A. 97-895, eff. 8-3-12; 98-1076, eff. 1-1-15 .)
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(30 ILCS 500/20-160)
Sec. 20-160. Business entities; certification; registration with the State Board of Elections.
(a) For purposes of this Section, the terms "business entity", "contract", "State contract", "contract with a State agency", "State agency", "affiliated entity", and "affiliated person" have the meanings ascribed to those terms in Section 50-37.
(b) Every bid and offer submitted to and every contract executed by the State on or after January 1, 2009 (the effective date of Public Act 95-971) and every submission to a vendor portal shall contain (1) a certification by the bidder, offeror, vendor, or contractor that either (i) the bidder, offeror, vendor, or contractor is not required to register as a business entity with the State Board of Elections pursuant to this Section or (ii) the bidder, offeror, vendor, or contractor has registered as a business entity with the State Board of Elections and acknowledges a continuing duty to update the registration and (2) a statement that the contract is voidable under Section 50-60 for the bidder's, offeror's, vendor's, or contractor's failure to comply with this Section.
(c) Each business entity (i) whose aggregate bids and proposals on State contracts annually total more than $50,000, (ii) whose aggregate bids and proposals on State contracts combined with the business entity's aggregate annual total value of State contracts exceed $50,000, or (iii) whose contracts with State agencies, in the aggregate, annually total more than $50,000 shall register with the State Board of Elections in accordance with Section 9-35 of the Election Code. A business entity required to register under this subsection due to item (i) or (ii) has a continuing duty to ensure that the registration is accurate during the period beginning on the date of registration and ending on the day after the date the contract is awarded; any change in information must be reported to the State Board of Elections 5 business days following such change or no later than a day before the contract is awarded, whichever date is earlier. A business entity required to register under this subsection due to item (iii) has a continuing duty to ensure that the registration is accurate in accordance with subsection (e).
(d) Any business entity, not required under subsection (c) to register, whose aggregate bids and proposals on State contracts annually total more than $50,000, or whose aggregate bids and proposals on State contracts combined with the business entity's aggregate annual total value of State contracts exceed $50,000, shall register with the State Board of Elections in accordance with Section 9-35 of the Election Code prior to submitting to a State agency the bid or proposal whose value causes the business entity to fall within the monetary description of this subsection. A business entity required to register under this subsection has a continuing duty to ensure that the registration is accurate during the period beginning on the date of registration and ending on the day after the date the contract is awarded. Any change in information must be reported to the State Board of Elections within 5 business days following such change or no later than a day before the contract is awarded, whichever date is earlier.
(e) A business entity whose contracts with State agencies, in the aggregate, annually total more than $50,000 must maintain its registration under this Section and has a continuing duty to ensure that the registration is accurate for the duration of the term of office of the incumbent officeholder awarding the contracts or for a period of 2 years following the expiration or termination of the contracts, whichever is longer. A business entity, required to register under this subsection, has a continuing duty to report any changes on a quarterly basis to the State Board of Elections within 14 calendar days following the last day of January, April, July, and October of each year. Any update pursuant to this paragraph that is received beyond that date is presumed late and the civil penalty authorized by subsection (e) of Section 9-35 of the Election Code (10 ILCS 5/9-35) may be assessed.
Also, if a business entity required to register under this subsection has a pending bid or offer, any change in information shall be reported to the State Board of Elections within 7 calendar days following such change or no later than a day before the contract is awarded, whichever date is earlier.
(f) A business entity's continuing duty under this Section to ensure the accuracy of its registration includes the requirement that the business entity notify the State Board of Elections of any change in information, including but not limited to changes of affiliated entities or affiliated persons.
(g) For any bid or offer for a contract with a State agency by a business entity required to register under this Section, the chief procurement officer shall verify that the business entity is required to register under this Section and is in compliance with the registration requirements on the date the bid or offer is due. A chief procurement officer shall not accept a bid or offer if the business entity is not in compliance with the registration requirements as of the date bids or offers are due.
(h) A registration, and any changes to a registration, must include the business entity's verification of accuracy and subjects the business entity to the penalties of the laws of this State for perjury.
In addition to any penalty under Section 9-35 of the Election Code, intentional, willful, or material failure to disclose information required for registration shall render the contract, bid, offer, or other procurement relationship voidable by the chief procurement officer if he or she deems it to be in the best interest of the State of Illinois.
(i) This Section applies regardless of the method of source selection used in awarding the contract.
(Source: P.A. 97-333, eff. 8-12-11; 97-895, eff. 8-3-12; 98-1076, eff. 1-1-15 .)
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(30 ILCS 500/20-165)
Sec. 20-165. Compliance with Transportation Sustainability Procurement Program Act. When procuring freight, small package delivery, and other forms of cargo shipping and transportation services, appropriate weight shall be given to the requirements of the Transportation Sustainability Procurement Program Act.
(Source: P.A. 98-348, eff. 8-14-13.)
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