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1 | | The State construction agency shall, for each public |
2 | | project or projects permitted under this Act, make a written |
3 | | determination, including a description as to the particular |
4 | | advantages of the progressive design-build procurement method, |
5 | | that it is in the best interests of this State to enter into a |
6 | | progressive design-build contract for the project or projects. |
7 | | In making that determination, the following factors shall be |
8 | | considered: |
9 | | (1) The probability that the progressive design-build |
10 | | procurement method will be in the best interests of the |
11 | | State by providing a material savings of time or cost over |
12 | | the design-bid-build or other delivery system. |
13 | | (2) The type and size of the project and its |
14 | | suitability to the progressive design-build procurement |
15 | | method. |
16 | | (3) The ability of the State construction agency to |
17 | | define and provide comprehensive scope and performance |
18 | | criteria for the project. |
19 | | No State construction agency may use the progressive |
20 | | design-build procurement method unless the agency determines |
21 | | in writing that the project will comply with the disadvantaged |
22 | | business and equal employment practices of the State as |
23 | | established in the Business Enterprise for Minorities, Women, |
24 | | and Persons with Disabilities Act and Section 2-105 of the |
25 | | Illinois Human Rights Act. |
26 | | The State construction agency shall within 15 days after |
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1 | | the initial determination provide an advisory copy to the |
2 | | Procurement Policy Board and maintain the full record of |
3 | | determination for 5 years.
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4 | | Section 1-10. Definitions. As used in this Act: |
5 | | "Chief procurement office" means the offices to which the |
6 | | chief procurement officers are appointed pursuant to Section |
7 | | 10-20 of the Illinois Procurement Code. |
8 | | "Delivery system" means the design and construction |
9 | | approach used to develop and construct a project. |
10 | | "Design-bid-build" means the traditional delivery system |
11 | | used on public projects in this State that incorporates the |
12 | | Architectural, Engineering, and Land Surveying Qualifications |
13 | | Based Selection Act and the principles of competitive |
14 | | selection in the Illinois Procurement Code. |
15 | | "Design professional" means any individual, sole |
16 | | proprietorship, firm, partnership, joint venture, corporation, |
17 | | professional corporation, or other entity that offers services |
18 | | under the Illinois Architecture Practice Act of 1989, the |
19 | | Professional Engineering Practice Act of 1989, the Structural |
20 | | Engineering Practice Act of 1989, or the Illinois Professional |
21 | | Land Surveyor Act of 1989. |
22 | | "Evaluation criteria" means the requirements for the |
23 | | selection process as defined in this Act and may include the |
24 | | specialized experience, technical qualifications and |
25 | | competence, capacity to perform, past performance, experience |
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1 | | with similar projects, assignment of personnel to the project, |
2 | | and other appropriate factors. Price may not be used as a |
3 | | factor in the evaluation of progressive design-build. |
4 | | "Progressive design-build" means a project delivery |
5 | | process in which both the design and construction of a project |
6 | | are procured from a single entity that is selected through a |
7 | | qualifications-based selection at the earliest feasible stage |
8 | | of the project. |
9 | | "Progressive design-build contract" means a contract for a |
10 | | public project under this Act between the State construction |
11 | | agency and a progressive design-build entity to furnish |
12 | | architecture, engineering, land surveying, and related |
13 | | services as required, and to furnish the labor, materials, |
14 | | equipment, and other construction services for the project. A |
15 | | progressive design-build contract may be conditioned upon |
16 | | subsequent refinements in scope and price and may allow the |
17 | | State construction agency to make modifications in the project |
18 | | scope without invalidating the progressive design-build |
19 | | contract. |
20 | | "Progressive design-build entity" means any individual, |
21 | | sole proprietorship, firm, partnership, joint venture, |
22 | | corporation, professional corporation, or other entity that |
23 | | proposes to design and construct any public project under this |
24 | | Act. A progressive design-build entity and associated |
25 | | progressive design-build professionals shall conduct |
26 | | themselves in accordance with the laws of this State and the |
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1 | | related provisions of the Illinois Administrative Code, as |
2 | | referenced by the licensed design professionals Acts of this |
3 | | State. |
4 | | "Qualification" means a statement of qualifications |
5 | | submitted by a proposer in response to a request for |
6 | | qualifications. |
7 | | "Request for qualifications" means a document issued by |
8 | | the State construction agency to solicit qualifications from |
9 | | proposers in accordance with the progressive design-build |
10 | | project delivery method. |
11 | | "Scope and performance criteria" means the requirements |
12 | | for the public project, including, but not limited to, the |
13 | | intended usage, capacity, size, scope, quality and performance |
14 | | standards, and other programmatic criteria that are expressed |
15 | | in performance-oriented requirements that can be reasonably |
16 | | inferred and are suited to allow a progressive design-build |
17 | | entity to develop a proposal. |
18 | | "State construction agency" means the Capital Development |
19 | | Board.
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20 | | Section 1-15. Requests for qualifications. |
21 | | (a) When the State construction agency elects to use the |
22 | | progressive design-build delivery method, it must issue a |
23 | | notice of intent to receive requests for qualifications for |
24 | | the project at least 14 days before issuing the request for |
25 | | qualifications. The State construction agency must publish the |
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1 | | advance notice in the official procurement bulletin of the |
2 | | State or the professional services bulletin of the State |
3 | | construction agency, if any. The agency is encouraged to use |
4 | | publication of the notice in related construction industry |
5 | | service publications. A brief description of the proposed |
6 | | procurement must be included in the notice. The State |
7 | | construction agency must provide a copy of the request for |
8 | | qualifications to any party requesting a copy. |
9 | | (b) The request for qualifications shall be prepared for |
10 | | each project and must contain, without limitation, the |
11 | | following information: |
12 | | (1) The name of the State construction agency. |
13 | | (2) A preliminary schedule for the completion of the |
14 | | contract. |
15 | | (3) The proposed budget for the project, the source of |
16 | | funds, and the currently available funds at the time the |
17 | | request for qualifications is submitted. |
18 | | (4) Prequalification criteria for progressive |
19 | | design-build entities wishing to submit proposals. The |
20 | | State construction agency shall include, at a minimum, its |
21 | | normal prequalification, licensing, registration, and |
22 | | other requirements, but nothing contained herein precludes |
23 | | the use of additional prequalification criteria by the |
24 | | State construction agency. |
25 | | (5) Material requirements of the contract, including, |
26 | | but not limited to, the proposed terms and conditions, |
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1 | | required performance and payment bonds, insurance, and the |
2 | | entity's plan to comply with the utilization goals for |
3 | | business enterprises established in the Business |
4 | | Enterprise for Minorities, Women, and Persons with |
5 | | Disabilities Act, and with Section 2-105 of the Illinois |
6 | | Human Rights Act. |
7 | | (6) The performance criteria. |
8 | | (7) The evaluation criteria for the solicitation. |
9 | | (c) The State construction agency may include any other |
10 | | relevant information that it chooses to supply. The |
11 | | progressive design-build entity shall be entitled to rely upon |
12 | | the accuracy of this documentation in the development of its |
13 | | qualifications. |
14 | | (d) The date that qualifications are due must be at least |
15 | | 21 calendar days after the date of the issuance of the request |
16 | | for qualifications. In the event the cost of the project is |
17 | | estimated to exceed $10,000,000, then the qualifications due |
18 | | date must be at least 28 calendar days after the date of the |
19 | | issuance of the request for qualifications.
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20 | | Section 1-20. Development of scope and performance |
21 | | criteria. The State construction agency shall develop a |
22 | | request for qualifications, which shall include preliminary |
23 | | scopes, descriptions of the areas of technical expertise |
24 | | needed, and requirements for experience. The request must be |
25 | | in sufficient detail and contain adequate information to |
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1 | | reasonably apprise the qualified progressive design-build |
2 | | entities of the State construction agency's overall |
3 | | programmatic needs and goals, including criteria, general |
4 | | budget parameters, schedule, and delivery requirements.
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5 | | Section 1-25. Selection committee. |
6 | | (a) When the State construction agency elects to use the |
7 | | progressive design-build delivery method, it shall establish a |
8 | | committee to evaluate and select the progressive design-build |
9 | | entity. The committee, under the discretion of the State |
10 | | construction agency, shall consist of at least 5 but no more |
11 | | than 7 members and shall include at least one licensed design |
12 | | professional and 2 members of the public. Public members may |
13 | | not be employed or associated with any firm holding a contract |
14 | | with the State construction agency. Within 30 days of |
15 | | receiving notice, one public member shall be nominated by |
16 | | associations representing the general design or construction |
17 | | industry and one member shall be nominated by associations |
18 | | that represent minority or woman-owned design or construction |
19 | | industry businesses. If either group fails to nominate a |
20 | | suitable candidate within the 30-day period, the State |
21 | | construction agency shall nominate an appropriate public |
22 | | member. |
23 | | (b) The members of the selection committee must certify |
24 | | for each request for qualifications that no conflict of |
25 | | interest exists between the members and the progressive |
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1 | | design-build entities submitting qualifications. |
2 | | If a conflict is discovered before qualifications are |
3 | | reviewed, the member must be replaced before any review of |
4 | | qualifications. If a conflict is discovered after |
5 | | qualifications are reviewed, the member with the conflict |
6 | | shall be removed and the committee may continue with only one |
7 | | public member. |
8 | | If at least 5 members remain, the remaining committee |
9 | | members may complete the selection process.
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10 | | Section 1-30. Procedures for selection. |
11 | | (a) The State construction agency must use a 2-phase |
12 | | procedure for the selection of the successful progressive |
13 | | design-build entity. Phase I of the procedure will evaluate |
14 | | and shortlist for interviews the progressive design-build |
15 | | entities based on qualifications, and Phase II will evaluate |
16 | | shortlisted teams based on scoring of specific criteria |
17 | | addressed in their presentations and interviews. |
18 | | (b) The State construction agency shall include in the |
19 | | request for qualifications the evaluating factors to be used |
20 | | in Phase I. These factors are in addition to any |
21 | | prequalification requirements of progressive design-build |
22 | | entities that the agency has set forth. Each request for |
23 | | qualifications shall establish the relative importance |
24 | | assigned to each evaluation factor and subfactor, including |
25 | | any weighting of criteria to be employed by the State |
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1 | | construction agency. The State construction agency must |
2 | | maintain a record of the evaluation scoring to be disclosed in |
3 | | event of a protest regarding the solicitation. |
4 | | The State construction agency shall include the following |
5 | | criteria in every Phase I evaluation of progressive |
6 | | design-build entities: (1) experience of personnel; (2) |
7 | | successful experience with similar project types; (3) |
8 | | financial capability; (4) timeliness of past performance; (5) |
9 | | experience with similarly sized projects; (6) successful |
10 | | reference checks of the firm; (7) commitment to assign |
11 | | personnel for the duration of the project and qualifications |
12 | | of the entity's consultants; and (8) ability or past |
13 | | performance in meeting or exhausting good faith efforts to |
14 | | meet the utilization goals for business enterprises |
15 | | established in the Business Enterprise for Minorities, Women, |
16 | | and Persons with Disabilities Act and with Section 2-105 of |
17 | | the Illinois Human Rights Act. The State construction agency |
18 | | may include any additional relevant criteria in Phase I that |
19 | | it deems necessary for a proper qualification review. |
20 | | The State construction agency may not consider any |
21 | | progressive design-build entity for evaluation or award if the |
22 | | entity has any pecuniary interest in the project or has other |
23 | | relationships or circumstances, including, but not limited to, |
24 | | long-term leasehold, mutual performance, or development |
25 | | contracts with the State construction agency, that may give |
26 | | the progressive design-build entity a financial or tangible |
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1 | | advantage over other progressive design-build entities in the |
2 | | preparation, evaluation, or performance of the progressive |
3 | | design-build contract or that create the appearance of |
4 | | impropriety. No proposal shall be considered that does not |
5 | | include an entity's plan to comply with the requirements |
6 | | established in the Business Enterprise for Minorities, Women, |
7 | | and Persons with Disabilities Act, for both the design and |
8 | | construction areas of performance, and with Section 2-105 of |
9 | | the Illinois Human Rights Act. |
10 | | Upon completion of the qualifications evaluation, the |
11 | | State construction agency shall create a shortlist of the most |
12 | | highly qualified progressive design-build entities. The State |
13 | | construction agency, in its discretion, is not required to |
14 | | shortlist the maximum number of entities as identified for |
15 | | Phase II evaluation, provided however, no less than 2 |
16 | | progressive design-build entities nor more than 6 are selected |
17 | | to present to the selection committee in an interview. |
18 | | The State construction agency shall notify the entities |
19 | | selected for the shortlist in writing. This notification shall |
20 | | commence the period for the preparation for presentations and |
21 | | interviews. The State construction agency must allow |
22 | | sufficient time, no less than 28 calendar days, for the |
23 | | shortlist entities to prepare their presentations. |
24 | | (c) The State construction agency shall include in the |
25 | | project advertisement the evaluating factors to be used in the |
26 | | presentations and interviews. Each request for qualifications |
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1 | | shall establish the relative importance assigned to each |
2 | | evaluation factor and subfactor, including any weighting of |
3 | | criteria to be employed by the State construction agency. The |
4 | | State construction agency must maintain a record of the |
5 | | evaluation scoring to be disclosed in event of a protest |
6 | | regarding the solicitation. |
7 | | The State construction agency shall include the following |
8 | | criteria in every Phase II evaluation of progressive |
9 | | design-build entities: (1) experience with successful |
10 | | completion of similar projects; (2) the design team's approach |
11 | | to program analysis and schematic design; (3) record of budget |
12 | | adherence on recently completed projects; (4) demonstration of |
13 | | past innovation in meeting the scope and performance criteria |
14 | | on past design-build projects; (5) completeness of the overall |
15 | | project team; (6) collaborative experience of the team |
16 | | members; and (7) their plan for achieving project goals for |
17 | | participation. The State construction agency may include any |
18 | | additional relevant technical evaluation factors it deems |
19 | | necessary for proper selection. |
20 | | Upon completion of the evaluation, the State construction |
21 | | agency may award the progressive design-build contract to the |
22 | | highest overall ranked entity. After qualifications have been |
23 | | submitted, a progressive design-build entity shall not |
24 | | replace, remove, or otherwise modify any firm identified as a |
25 | | member of the proposer team unless authorized to do so by the |
26 | | State construction agency.
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1 | | Section 1-40. Submission of qualifications. Qualifications |
2 | | must be properly identified and sealed. Qualifications may not |
3 | | be reviewed until after the deadline for submission has passed |
4 | | as set forth in the request for qualifications. All |
5 | | progressive design-build entities submitting qualifications |
6 | | shall be disclosed after the deadline for submission, and all |
7 | | progressive design-build entities who are shortlisted for |
8 | | interviews shall also be disclosed at the time of that |
9 | | determination. |
10 | | Qualifications shall include representative projects to |
11 | | demonstrate past experience of the team members on similar |
12 | | progressive design-build projects. Qualifications shall |
13 | | include a list of all design professionals and other entities |
14 | | as defined in Section 30-30 of the Illinois Procurement Code |
15 | | to which any work may be subcontracted during the performance |
16 | | of the contract. Any entity that will perform any of the 5 |
17 | | subdivisions of work defined in Section 30-30 of the Illinois |
18 | | Procurement Code must meet prequalification standards of the |
19 | | State construction agency. |
20 | | Qualifications must meet all material requirements of the |
21 | | request for qualifications, or they may be rejected as |
22 | | nonresponsive. The State construction agency shall have the |
23 | | right to reject any and all qualifications. |
24 | | The State construction agency shall review the |
25 | | qualifications for compliance with the performance criteria |
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1 | | and evaluation factors. |
2 | | Qualifications may be withdrawn prior to evaluation for |
3 | | any cause. After evaluation begins by the State construction |
4 | | agency, clear and convincing evidence of error is required for |
5 | | withdrawal.
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6 | | Section 1-45. Award. The State construction agency may |
7 | | award the contract to the highest overall ranked entity. |
8 | | Notice of award shall be made in writing. Unsuccessful |
9 | | entities shall also be notified in writing. The State |
10 | | construction agency may not request a best and final offer |
11 | | after the receipt of qualifications. The State construction |
12 | | agency may negotiate with the selected progressive |
13 | | design-build entity after award but prior to contract |
14 | | execution for the purpose of securing better terms than |
15 | | originally proposed, provided that the salient features of the |
16 | | request for qualifications are not diminished.
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17 | | Section 1-50. Labor. |
18 | | (a) A contract or agreement under this Act shall require |
19 | | the progressive design-build entity, or the construction |
20 | | manager or general contractor of the progressive design-build |
21 | | entity, and all subcontractors of the progressive design-build |
22 | | entity to comply with Section 30-22 of the Illinois |
23 | | Procurement Code as it applies to responsible bidders and to |
24 | | present satisfactory evidence of that compliance to the State |
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1 | | construction agency. |
2 | | (b) A contract or agreement under this Act shall require |
3 | | the progressive design-build entity or the construction |
4 | | manager or general contractor of the progressive design-build |
5 | | entity to enter into a project labor agreement used by the |
6 | | State construction agency. |
7 | | (c) This Section does not apply to construction-related |
8 | | professional services. As used in this Section, "professional |
9 | | services" means those services within the scope of the |
10 | | practice of architecture, professional engineering, structural |
11 | | engineering, or registered land surveying, as defined by the |
12 | | laws of this State.
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13 | | Section 1-55. Transition to design-bid-build. At the |
14 | | completion of design development, the progressive design-build |
15 | | entity must provide a firm fixed price. The State construction |
16 | | agency reserves the right to transition the project to the |
17 | | design-bid-build method if the fixed price exceeds the project |
18 | | budget, the progressive design-build entity's proposed |
19 | | schedule is unreasonable, or if transitioning to the |
20 | | design-bid-build method is in the best interests of the State.
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21 | | Section 1-60. Reports and evaluation. At the end of every |
22 | | 6-month period following the contract award, and again prior |
23 | | to final contract payout and closure, a selected progressive |
24 | | design-build entity shall detail, in a written report |
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1 | | submitted to the State agency, its efforts and success in |
2 | | implementing the entity's plan to comply with the utilization |
3 | | goals for business enterprises established in the Business |
4 | | Enterprise for Minorities, Women, and Persons with |
5 | | Disabilities Act and the provisions of Section 2-105 of the |
6 | | Illinois Human Rights Act. If the entity's performance in |
7 | | implementing the plan falls short of the performance measures |
8 | | and outcomes set forth in the plans submitted by the entity |
9 | | during the qualifications process, the entity shall, in a |
10 | | detailed written report, inform the General Assembly and the |
11 | | Governor whether and to what degree each progressive |
12 | | design-build contract authorized under this Act promoted the |
13 | | utilization goals for business enterprises established in the |
14 | | Business Enterprise for Minorities, Women, and Persons with |
15 | | Disabilities Act and the provisions of Section 2-105 of the |
16 | | Illinois Human Rights Act.
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17 | | Section 1-65. Federal requirements. In the procurement of |
18 | | progressive design-build contracts, the State construction |
19 | | agency shall comply with federal law and regulations and take |
20 | | all necessary steps to adapt their rules, policies, and |
21 | | procedures to remain eligible for federal aid.
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22 | | Section 1-70. Capital Development Board consultation. The |
23 | | Capital Development Board shall consult with the applicable |
24 | | chief procurement office to determine which procedures to |
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1 | | adopt and apply to the progressive design-build project |
2 | | delivery method in order to ensure an open, transparent, and |
3 | | efficient process that accomplishes the purposes of this Act.
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4 | | Section 1-75. Repeal. This Act is repealed on January 1, |
5 | | 2027.
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6 | | ARTICLE 2.
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7 | | Section 2-5. The Illinois Procurement Code is amended by |
8 | | changing Sections 1-13, 10-20, 20-20, and 20-60 and by adding |
9 | | Sections 20-180, 30-17, and 50-57 as follows:
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10 | | (30 ILCS 500/1-13) |
11 | | Sec. 1-13. Applicability to public institutions of higher |
12 | | education. |
13 | | (a) This Code shall apply to public institutions of higher |
14 | | education, regardless of the source of the funds with which |
15 | | contracts are paid, except as provided in this Section. |
16 | | (b) Except as provided in this Section, this Code shall |
17 | | not apply to procurements made by or on behalf of public |
18 | | institutions of higher education for any of the following: |
19 | | (1) Memberships in professional, academic, research, |
20 | | or athletic organizations on behalf of a public |
21 | | institution of higher education, an employee of a public |
22 | | institution of higher education, or a student at a public |
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1 | | institution of higher education. |
2 | | (2) Procurement expenditures for events or activities |
3 | | paid for exclusively by revenues generated by the event or |
4 | | activity, gifts or donations for the event or activity, |
5 | | private grants, or any combination thereof. |
6 | | (3) Procurement expenditures for events or activities |
7 | | for which the use of specific potential contractors is |
8 | | mandated or identified by the sponsor of the event or |
9 | | activity, provided that the sponsor is providing a |
10 | | majority of the funding for the event or activity. |
11 | | (4) Procurement expenditures necessary to provide |
12 | | athletic, artistic or musical services, performances, |
13 | | events, or productions by or for a public institution of |
14 | | higher education. |
15 | | (5) Procurement expenditures for periodicals, books, |
16 | | subscriptions, database licenses, and other publications |
17 | | procured for use by a university library or academic |
18 | | department, except for expenditures related to procuring |
19 | | textbooks for student use or materials for resale or |
20 | | rental. |
21 | | (6) Procurement expenditures for placement of students |
22 | | in externships, practicums, field experiences, and for |
23 | | medical residencies and rotations. |
24 | | (7) Contracts for programming and broadcast license |
25 | | rights for university-operated radio and television |
26 | | stations. |
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1 | | (8) Procurement expenditures necessary to perform |
2 | | sponsored research and other sponsored activities under |
3 | | grants and contracts funded by the sponsor or by sources |
4 | | other than State appropriations. |
5 | | (9) Contracts with a foreign entity for research or |
6 | | educational activities, provided that the foreign entity |
7 | | either does not maintain an office in the United States or |
8 | | is the sole source of the service or product. |
9 | | (10) Procurement expenditures for any ongoing software |
10 | | license or maintenance agreement or competitively |
11 | | solicited software purchase, when the software, license, |
12 | | or maintenance agreement is available through only the |
13 | | software creator or its manufacturer and not a reseller. |
14 | | (11) Procurement expenditures incurred outside of the |
15 | | United States for the recruitment of international |
16 | | students. |
17 | | (12) Procurement expenditures for contracts entered |
18 | | into under the Public University Energy Conservation Act. |
19 | | (13) Procurement expenditures for advertising |
20 | | purchased directly from a media station or the owner of |
21 | | the station for distribution of advertising. |
22 | | Notice of each contract with an annual value of more than |
23 | | $100,000 entered into by a public institution of higher |
24 | | education that is related to the procurement of goods and |
25 | | services identified in items (1) through (13) of this |
26 | | subsection shall be published in the Procurement Bulletin |
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1 | | within 14 calendar days after contract execution. The Chief |
2 | | Procurement Officer shall prescribe the form and content of |
3 | | the notice. Each public institution of higher education shall |
4 | | provide the Chief Procurement Officer, on a monthly basis, in |
5 | | the form and content prescribed by the Chief Procurement |
6 | | Officer, a report of contracts that are related to the |
7 | | procurement of goods and services identified in this |
8 | | subsection. At a minimum, this report shall include the name |
9 | | of the contractor, a description of the supply or service |
10 | | provided, the total amount of the contract, the term of the |
11 | | contract, and the exception to the Code utilized. A copy of any |
12 | | or all of these contracts shall be made available to the Chief |
13 | | Procurement Officer immediately upon request. The Chief |
14 | | Procurement Officer shall submit a report to the Governor and |
15 | | General Assembly no later than November 1 of each year that |
16 | | shall include, at a minimum, an annual summary of the monthly |
17 | | information reported to the Chief Procurement Officer. |
18 | | (b-5) Except as provided in this subsection, the |
19 | | provisions of this Code shall not apply to contracts for |
20 | | medical supplies or to contracts for medical services |
21 | | necessary for the delivery of care and treatment at medical, |
22 | | dental, pharmaceutical, or veterinary teaching facilities used |
23 | | by Southern Illinois University or the University of Illinois |
24 | | or at any university-operated health care center or dispensary |
25 | | that provides care, treatment, and medications for students, |
26 | | faculty, and staff. Furthermore, the provisions of this Code |
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1 | | do not apply to the procurement by such a facility of any |
2 | | additional supplies or services that the operator of the |
3 | | facility deems necessary for the effective use and functioning |
4 | | of the medical supplies or services that are otherwise exempt |
5 | | from this Code under this subsection (b-5) , including, but not |
6 | | limited to, procurements necessary for compliance and |
7 | | management of federal programs . However, other supplies and |
8 | | services needed for these teaching facilities shall be subject |
9 | | to the jurisdiction of the Chief Procurement Officer for |
10 | | Public Institutions of Higher Education who may establish |
11 | | expedited procurement procedures and may waive or modify |
12 | | certification, contract, hearing, process and registration |
13 | | requirements required by this the Code. All procurements made |
14 | | under this subsection shall be documented and may require |
15 | | publication in the Illinois Procurement Bulletin. |
16 | | (b-10) Procurements made by or on behalf of the University |
17 | | of Illinois for investment services may be entered into or |
18 | | renewed without being subject to the requirements of this |
19 | | Code. Notice of intent to renew a contract shall be published |
20 | | in the Illinois Public Higher Education Procurement Bulletin |
21 | | at least 14 days prior to the execution of a renewal, and the |
22 | | University of Illinois shall hold a public hearing for |
23 | | interested parties to provide public comment. Any contract |
24 | | extended, renewed, or entered pursuant to this exception shall |
25 | | be published in the Illinois Public Higher Education |
26 | | Procurement Bulletin within 5 days of contract execution. |
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1 | | (c) Procurements made by or on behalf of public |
2 | | institutions of higher education for the fulfillment of a |
3 | | grant shall be made in accordance with the requirements of |
4 | | this Code to the extent practical. |
5 | | Upon the written request of a public institution of higher |
6 | | education, the Chief Procurement Officer may waive contract, |
7 | | registration, certification, and hearing requirements of this |
8 | | Code if, based on the item to be procured or the terms of a |
9 | | grant, compliance is impractical. The public institution of |
10 | | higher education shall provide the Chief Procurement Officer |
11 | | with specific reasons for the waiver, including the necessity |
12 | | of contracting with a particular potential contractor, and |
13 | | shall certify that an effort was made in good faith to comply |
14 | | with the provisions of this Code. The Chief Procurement |
15 | | Officer shall provide written justification for any waivers. |
16 | | By November 1 of each year, the Chief Procurement Officer |
17 | | shall file a report with the General Assembly identifying each |
18 | | contract approved with waivers and providing the justification |
19 | | given for any waivers for each of those contracts. Notice of |
20 | | each waiver made under this subsection shall be published in |
21 | | the Procurement Bulletin within 14 calendar days after |
22 | | contract execution. The Chief Procurement Officer shall |
23 | | prescribe the form and content of the notice. |
24 | | (d) Notwithstanding this Section, a waiver of the |
25 | | registration requirements of Section 20-160 does not permit a |
26 | | business entity and any affiliated entities or affiliated |
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1 | | persons to make campaign contributions if otherwise prohibited |
2 | | by Section 50-37. The total amount of contracts awarded in |
3 | | accordance with this Section shall be included in determining |
4 | | the aggregate amount of contracts or pending bids of a |
5 | | business entity and any affiliated entities or affiliated |
6 | | persons. |
7 | | (e) Notwithstanding subsection (e) of Section 50-10.5 of |
8 | | this Code, the Chief Procurement Officer, with the approval of |
9 | | the Executive Ethics Commission, may permit a public |
10 | | institution of higher education to accept a bid or enter into a |
11 | | contract with a business that assisted the public institution |
12 | | of higher education in determining whether there is a need for |
13 | | a contract or assisted in reviewing, drafting, or preparing |
14 | | documents related to a bid or contract, provided that the bid |
15 | | or contract is essential to research administered by the |
16 | | public institution of higher education and it is in the best |
17 | | interest of the public institution of higher education to |
18 | | accept the bid or contract. For purposes of this subsection, |
19 | | "business" includes all individuals with whom a business is |
20 | | affiliated, including, but not limited to, any officer, agent, |
21 | | employee, consultant, independent contractor, director, |
22 | | partner, manager, or shareholder of a business. The Executive |
23 | | Ethics Commission may promulgate rules and regulations for the |
24 | | implementation and administration of the provisions of this |
25 | | subsection (e). |
26 | | (f) As used in this Section: |
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1 | | "Grant" means non-appropriated funding provided by a |
2 | | federal or private entity to support a project or program |
3 | | administered by a public institution of higher education and |
4 | | any non-appropriated funding provided to a sub-recipient of |
5 | | the grant. |
6 | | "Public institution of higher education" means Chicago |
7 | | State University, Eastern Illinois University, Governors State |
8 | | University, Illinois State University, Northeastern Illinois |
9 | | University, Northern Illinois University, Southern Illinois |
10 | | University, University of Illinois, Western Illinois |
11 | | University, and, for purposes of this Code only, the Illinois |
12 | | Mathematics and Science Academy. |
13 | | (g) (Blank). |
14 | | (h) The General Assembly finds and declares that: |
15 | | (1) Public Act 98-1076, which took effect on January |
16 | | 1, 2015, changed the repeal date set for this Section from |
17 | | December 31, 2014 to December 31, 2016. |
18 | | (2) The Statute on Statutes sets forth general rules |
19 | | on the repeal of statutes and the construction of multiple |
20 | | amendments, but Section 1 of that Act also states that |
21 | | these rules will not be observed when the result would be |
22 | | "inconsistent with the manifest intent of the General |
23 | | Assembly or repugnant to the context of the statute". |
24 | | (3) This amendatory Act of the 100th General Assembly |
25 | | manifests the intention of the General Assembly to remove |
26 | | the repeal of this Section. |
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1 | | (4) This Section was originally enacted to protect, |
2 | | promote, and preserve the general welfare. Any |
3 | | construction of this Section that results in the repeal of |
4 | | this Section on December 31, 2014 would be inconsistent |
5 | | with the manifest intent of the General Assembly and |
6 | | repugnant to the context of this Code. |
7 | | It is hereby declared to have been the intent of the |
8 | | General Assembly that this Section not be subject to repeal on |
9 | | December 31, 2014. |
10 | | This Section shall be deemed to have been in continuous |
11 | | effect since December 20, 2011 (the effective date of Public |
12 | | Act 97-643), and it shall continue to be in effect |
13 | | henceforward until it is otherwise lawfully repealed. All |
14 | | previously enacted amendments to this Section taking effect on |
15 | | or after December 31, 2014, are hereby validated. |
16 | | All actions taken in reliance on or pursuant to this |
17 | | Section by any public institution of higher education, person, |
18 | | or entity are hereby validated. |
19 | | In order to ensure the continuing effectiveness of this |
20 | | Section, it is set forth in full and re-enacted by this |
21 | | amendatory Act of the 100th General Assembly. This |
22 | | re-enactment is intended as a continuation of this Section. It |
23 | | is not intended to supersede any amendment to this Section |
24 | | that is enacted by the 100th General Assembly. |
25 | | In this amendatory Act of the 100th General Assembly, the |
26 | | base text of the reenacted Section is set forth as amended by |
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1 | | Public Act 98-1076. Striking and underscoring is used only to |
2 | | show changes being made to the base text. |
3 | | This Section applies to all procurements made on or before |
4 | | the effective date of this amendatory Act of the 100th General |
5 | | Assembly. |
6 | | (Source: P.A. 102-16, eff. 6-17-21; 102-721, eff. 5-6-22; |
7 | | 102-1119, eff. 1-23-23; 103-570, eff. 1-1-24.)
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8 | | (30 ILCS 500/10-20) |
9 | | Sec. 10-20. Independent chief procurement officers. |
10 | | (a) Appointment. Within 60 calendar days after July 1, |
11 | | 2010 ( the effective date of Public Act 96-795) this amendatory |
12 | | Act of the 96th General Assembly , the Executive Ethics |
13 | | Commission, with the advice and consent of the Senate shall |
14 | | appoint or approve 4 chief procurement officers, one for each |
15 | | of the following categories: |
16 | | (1) for procurements for construction and |
17 | | construction-related services committed by law to the |
18 | | jurisdiction or responsibility of the Capital Development |
19 | | Board; |
20 | | (2) for procurements for all construction, |
21 | | construction-related services, operation of any facility, |
22 | | and the provision of any service or activity committed by |
23 | | law to the jurisdiction or responsibility of the Illinois |
24 | | Department of Transportation, including the direct or |
25 | | reimbursable expenditure of all federal funds for which |
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1 | | the Department of Transportation is responsible or |
2 | | accountable for the use thereof in accordance with federal |
3 | | law, regulation, or procedure, the chief procurement |
4 | | officer recommended for approval under this item appointed |
5 | | by the Secretary of Transportation after consent by the |
6 | | Executive Ethics Commission; |
7 | | (3) for all procurements made by a public institution |
8 | | of higher education; and |
9 | | (4) for all other procurement needs of State agencies. |
10 | | The For fiscal year 2024, the Executive Ethics Commission |
11 | | shall set aside from its appropriation those amounts necessary |
12 | | for the use of the 4 chief procurement officers for the |
13 | | ordinary and contingent expenses of their respective |
14 | | procurement offices. From the amounts set aside by the |
15 | | Commission, each chief procurement officer shall control the |
16 | | internal operations of his or her procurement office and shall |
17 | | procure the necessary equipment, materials, and services to |
18 | | perform the duties of that office, including hiring necessary |
19 | | procurement personnel, legal advisors , and other employees, |
20 | | and may establish, in the exercise of the chief procurement |
21 | | officer's discretion, the compensation of the office's |
22 | | employees, which includes the State purchasing officers and |
23 | | any legal advisors. The Executive Ethics Commission shall have |
24 | | no control over the employees of the chief procurement |
25 | | officers. The Executive Ethics Commission shall provide |
26 | | administrative support services, including payroll, for each |
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1 | | procurement office. |
2 | | (b) Terms and independence. Each chief procurement officer |
3 | | appointed under this Section shall serve for a term of 5 years |
4 | | beginning on the date of the officer's appointment. The chief |
5 | | procurement officer may be removed for cause after a hearing |
6 | | by the Executive Ethics Commission. The Governor or the |
7 | | director of a State agency directly responsible to the |
8 | | Governor may institute a complaint against the officer by |
9 | | filing such complaint with the Commission. The Commission |
10 | | shall have a hearing based on the complaint. The officer and |
11 | | the complainant shall receive reasonable notice of the hearing |
12 | | and shall be permitted to present their respective arguments |
13 | | on the complaint. After the hearing, the Commission shall make |
14 | | a finding on the complaint and may take disciplinary action, |
15 | | including but not limited to removal of the officer. |
16 | | The salary of a chief procurement officer shall be |
17 | | established by the Executive Ethics Commission and may not be |
18 | | diminished during the officer's term. The salary may not |
19 | | exceed the salary of the director of a State agency for which |
20 | | the officer serves as chief procurement officer. |
21 | | (c) Qualifications. In addition to any other requirement |
22 | | or qualification required by State law, each chief procurement |
23 | | officer must within 12 months of employment be a Certified |
24 | | Professional Public Buyer or a Certified Public Purchasing |
25 | | Officer, pursuant to certification by the Universal Public |
26 | | Purchasing Certification Council, and must reside in Illinois. |
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1 | | (d) Fiduciary duty. Each chief procurement officer owes a |
2 | | fiduciary duty to the State. |
3 | | (e) Vacancy. In case of a vacancy in one or more of the |
4 | | offices of a chief procurement officer under this Section |
5 | | during the recess of the Senate, the Executive Ethics |
6 | | Commission shall make a temporary appointment until the next |
7 | | meeting of the Senate, when the Executive Ethics Commission |
8 | | shall nominate some person to fill the office, and any person |
9 | | so nominated who is confirmed by the Senate shall hold office |
10 | | during the remainder of the term and until his or her successor |
11 | | is appointed and qualified. If the Senate is not in session at |
12 | | the time Public Act 96-920 this amendatory Act of the 96th |
13 | | General Assembly takes effect, the Executive Ethics Commission |
14 | | shall make a temporary appointment as in the case of a vacancy. |
15 | | (f) (Blank). |
16 | | (g) (Blank). |
17 | | (Source: P.A. 103-8, eff. 6-7-23; revised 9-26-23.)
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18 | | (30 ILCS 500/20-20) |
19 | | Sec. 20-20. Small purchases. |
20 | | (a) Amount. Any individual procurement of supplies or |
21 | | services not exceeding $100,000 and any procurement of |
22 | | construction not exceeding $100,000, or any individual |
23 | | procurement of professional or artistic services not exceeding |
24 | | $100,000 may be made without competitive source selection. |
25 | | Procurements shall not be artificially divided so as to |
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1 | | constitute a small purchase under this Section. Any |
2 | | procurement of construction not exceeding $100,000 may be made |
3 | | by an alternative competitive source selection. The |
4 | | construction agency shall establish rules for an alternative |
5 | | competitive source selection process. This Section does not |
6 | | apply to construction-related professional services contracts |
7 | | awarded in accordance with the provisions of the |
8 | | Architectural, Engineering, and Land Surveying Qualifications |
9 | | Based Selection Act. |
10 | | (b) Adjustment. Each July 1, the small purchase maximum |
11 | | established in subsection (a) shall be adjusted for inflation |
12 | | as determined by the Consumer Price Index for All Urban |
13 | | Consumers as determined by the United States Department of |
14 | | Labor and rounded to the nearest $100. |
15 | | (c) Based upon rules proposed by the Board and rules |
16 | | promulgated by the chief procurement officers, the small |
17 | | purchase maximum established in subsection (a) may be |
18 | | modified. |
19 | | (d) Certification. All small purchases with an annual |
20 | | value that exceeds $50,000 shall be accompanied by Standard |
21 | | Illinois Certifications in a form prescribed by each Chief |
22 | | Procurement Officer. |
23 | | (e) Cumulative small purchases. Cumulative small purchases |
24 | | under $1,000 made in a previously non-contemplated manner by |
25 | | the same or separate individuals or departments within an |
26 | | agency or university that exceed the small purchase threshold |
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1 | | do not constitute stringing and are allowable under this Code. |
2 | | (Source: P.A. 102-721, eff. 1-1-23; 102-1115, eff. 1-23-23 |
3 | | (See Section 99-999 of P.A. 102-1115 for effective date of |
4 | | P.A. 102-1115); 102-1119, eff. 1-23-23.)
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5 | | (30 ILCS 500/20-60) |
6 | | Sec. 20-60. Duration of contracts. |
7 | | (a) Maximum duration. A contract may be entered into for |
8 | | any period of time deemed to be in the best interests of the |
9 | | State but not exceeding 10 years inclusive, beginning January |
10 | | 1, 2010, of proposed contract renewals; provided, however, in |
11 | | connection with the issuance of certificates of participation |
12 | | or bonds, the governing board of a public institution of |
13 | | higher education may enter into contracts in excess of 10 |
14 | | years but not to exceed 30 years for the purpose of financing |
15 | | or refinancing real or personal property. Third parties may |
16 | | lease State-owned dark fiber networks for any period of time |
17 | | deemed to be in the best interest of the State, but not |
18 | | exceeding 20 years. The length of a lease for real property or |
19 | | capital improvements shall be in accordance with the |
20 | | provisions of Section 40-25. The length of energy conservation |
21 | | program contracts or energy savings contracts or leases shall |
22 | | be in accordance with the provisions of Section 25-45. A |
23 | | contract for bond or mortgage insurance awarded by the |
24 | | Illinois Housing Development Authority, however, may be |
25 | | entered into for any period of time less than or equal to the |
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1 | | maximum period of time that the subject bond or mortgage may |
2 | | remain outstanding. Contracts may be entered into that extend |
3 | | beyond the active term of the award, so long as the contract |
4 | | was entered into prior to the award expiration date and does |
5 | | not exceed 10 years. |
6 | | (b) Subject to appropriation. All contracts made or |
7 | | entered into shall recite that they are subject to termination |
8 | | and cancellation in any year for which the General Assembly |
9 | | fails to make an appropriation to make payments under the |
10 | | terms of the contract. |
11 | | (c) The chief procurement officer shall file a proposed |
12 | | extension or renewal of a contract with the Procurement Policy |
13 | | Board and the Commission on Equity and Inclusion prior to |
14 | | entering into any extension or renewal if the cost associated |
15 | | with the extension or renewal exceeds $249,999. The |
16 | | Procurement Policy Board or the Commission on Equity and |
17 | | Inclusion may object to the proposed extension or renewal |
18 | | within 14 calendar days and require a hearing before the Board |
19 | | or the Commission on Equity and Inclusion prior to entering |
20 | | into the extension or renewal. If the Procurement Policy Board |
21 | | or the Commission on Equity and Inclusion does not object |
22 | | within 14 calendar days or takes affirmative action to |
23 | | recommend the extension or renewal, the chief procurement |
24 | | officer may enter into the extension or renewal of a contract. |
25 | | This subsection does not apply to any emergency procurement, |
26 | | any procurement under Article 40, or any procurement exempted |
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1 | | by Section 1-10(b) of this Code. If any State agency contract |
2 | | is paid for in whole or in part with federal-aid funds, grants, |
3 | | or loans and the provisions of this subsection would result in |
4 | | the loss of those federal-aid funds, grants, or loans, then |
5 | | the contract is exempt from the provisions of this subsection |
6 | | in order to remain eligible for those federal-aid funds, |
7 | | grants, or loans, and the State agency shall file notice of |
8 | | this exemption with the Procurement Policy Board or the |
9 | | Commission on Equity and Inclusion prior to entering into the |
10 | | proposed extension or renewal. Nothing in this subsection |
11 | | permits a chief procurement officer to enter into an extension |
12 | | or renewal in violation of subsection (a). By August 1 each |
13 | | year, the Procurement Policy Board and the Commission on |
14 | | Equity and Inclusion shall each file a report with the General |
15 | | Assembly identifying for the previous fiscal year (i) the |
16 | | proposed extensions or renewals that were filed and whether |
17 | | such extensions and renewals were objected to and (ii) the |
18 | | contracts exempt from this subsection. |
19 | | (d) Notwithstanding the provisions of subsection (a) of |
20 | | this Section, the Department of Innovation and Technology may |
21 | | enter into leases for dark fiber networks for any period of |
22 | | time deemed to be in the best interests of the State but not |
23 | | exceeding 20 years inclusive. The Department of Innovation and |
24 | | Technology may lease dark fiber networks from third parties |
25 | | only for the primary purpose of providing services (i) to the |
26 | | offices of Governor, Lieutenant Governor, Attorney General, |
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1 | | Secretary of State, Comptroller, or Treasurer and State |
2 | | agencies, as defined under Section 5-15 of the Civil |
3 | | Administrative Code of Illinois or (ii) for anchor |
4 | | institutions, as defined in Section 7 of the Illinois Century |
5 | | Network Act. Dark fiber network lease contracts shall be |
6 | | subject to all other provisions of this Code and any |
7 | | applicable rules or requirements, including, but not limited |
8 | | to, publication of lease solicitations, use of standard State |
9 | | contracting terms and conditions, and approval of vendor |
10 | | certifications and financial disclosures. |
11 | | (e) As used in this Section, "dark fiber network" means a |
12 | | network of fiber optic cables laid but currently unused by a |
13 | | third party that the third party is leasing for use as network |
14 | | infrastructure. |
15 | | (f) No vendor shall be eligible for renewal of a contract |
16 | | when that vendor has failed to meet the goals agreed to in the |
17 | | vendor's utilization plan, as defined in Section 2 of the |
18 | | Business Enterprise for Minorities, Women, and Persons with |
19 | | Disabilities Act, unless the State agency or public |
20 | | institution of higher education has determined that the vendor |
21 | | made good faith efforts toward meeting the contract goals. If |
22 | | the State agency or public institution of higher education |
23 | | determines that the vendor made good faith efforts, the agency |
24 | | or public institution of higher education may issue a waiver |
25 | | after concurrence by the chief procurement officer, which |
26 | | shall not be unreasonably withheld or impair a State agency |
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1 | | determination to execute the renewal. The form and content of |
2 | | the waiver shall be prescribed by each chief procurement |
3 | | officer, but shall not impair a State agency or public |
4 | | institution of higher education determination to execute the |
5 | | renewal. The chief procurement officer shall post the |
6 | | completed form on his or her official website within 5 |
7 | | business days after receipt from the State agency or public |
8 | | institution of higher education. The chief procurement officer |
9 | | shall maintain on his or her official website a database of |
10 | | waivers granted under this Section with respect to contracts |
11 | | under his or her jurisdiction. The database shall be updated |
12 | | periodically and shall be searchable by contractor name and by |
13 | | contracting State agency or public institution of higher |
14 | | education. |
15 | | (Source: P.A. 102-29, eff. 6-25-21; 102-721, eff. 1-1-23; |
16 | | 103-570, eff. 1-1-24.)
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17 | | (30 ILCS 500/20-180 new) |
18 | | Sec. 20-180. Electronic procurement systems. Nothing in |
19 | | this Code prohibits State agencies from accepting bids or |
20 | | proposals for competitive solicitations submitted solely via |
21 | | an electronic procurement system as long as the electronic |
22 | | system integrates with that portfolio's procurement bulletin |
23 | | and all other provisions of this Code are met. A State agency |
24 | | may not adopt a rule that prohibits a State agency from |
25 | | accepting bids or proposals for competitive solicitations |
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1 | | submitted solely via an electronic procurement system as long |
2 | | as the electronic procurement system integrates with that |
3 | | portfolio's procurement bulletin and all other provisions of |
4 | | this Code are met.
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5 | | (30 ILCS 500/30-17 new) |
6 | | Sec. 30-17. Job order contracting. |
7 | | (a) In this Section: |
8 | | "Indefinite quantity contract" means a contract for an |
9 | | indefinite quantity of services for a fixed time or for a job |
10 | | order contract. |
11 | | "Job order contracting" means an indefinite quantity |
12 | | contract pursuant to which a contractor may perform an ongoing |
13 | | series of individual tasks at different facilities, locations, |
14 | | and sites under the jurisdiction of a State construction |
15 | | agency. |
16 | | (b) Construction agencies may procure construction |
17 | | contracts via job order contracting through the use of |
18 | | competitive sealed bidding in accordance with Section 30-15.
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19 | | (30 ILCS 500/50-57 new) |
20 | | Sec. 50-57. Curability. |
21 | | (a) If, during an active procurement, a violation or |
22 | | deficiency of this Code, or of the procurement rules, |
23 | | regulations, policies, or practices promulgated by a chief |
24 | | procurement officer under this Code occurs, then, at the |
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1 | | request of the State purchasing officer and agency head, the |
2 | | chief procurement officer may determine that curing the |
3 | | violation or deficiency is in the best interest of the State. |
4 | | The request to cure shall be in writing and include a clear |
5 | | description of the violation or deficiency. The State |
6 | | purchasing officer and agency head shall request a cure only |
7 | | when the integrity, transparency, and efficiency of the |
8 | | procurement can be maintained. In making a determination, the |
9 | | chief procurement officer shall consider the harm to |
10 | | stakeholders and the value to the State in permitting the cure |
11 | | and the seriousness of the violation or deficiency. The |
12 | | determination shall be in writing and include the basis for |
13 | | permitting or denying the request. If a cure is permitted, the |
14 | | determination shall include a clear description of the action |
15 | | necessary to cure the violation or deficiency. |
16 | | (b) The chief procurement officer shall post all |
17 | | determinations on his or her official website within 14 days |
18 | | after completion of the procurement. The chief procurement |
19 | | officer shall report to the Governor and General Assembly, by |
20 | | no later than November 1 of each year, a summary of |
21 | | determinations for the previous fiscal year. Permitting a cure |
22 | | does not absolve any person, as defined in Section 1-15.55, |
23 | | from any penalties in law. Each chief procurement officer may |
24 | | adopt rules to implement and administer this Section.
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25 | | Section 2-10. The State Property Control Act is amended by |
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1 | | changing Section 7a as follows:
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2 | | (30 ILCS 605/7a) |
3 | | Sec. 7a. Surplus furniture. It is declared to be the |
4 | | public policy of this State, and the General Assembly |
5 | | determines, that it is in the best interest of the people of |
6 | | this State to expend the least amount of funds possible on the |
7 | | purchase of furniture. |
8 | | Agencies that desire to purchase new furniture shall first |
9 | | check with the administrator if any of the surplus furniture |
10 | | under the administrator's control can be used in place of new |
11 | | furniture. If an agency finds that it is unable to use the |
12 | | surplus property, the agency may proceed with the new |
13 | | furniture purchase. The the agency shall file annually, not |
14 | | later than January 31 of the next year, a report an affidavit |
15 | | with the administrator prior to any purchase, specifying the |
16 | | types of new furniture purchased to be bought , the quantities |
17 | | of each type of new furniture, the cost per type, and the total |
18 | | cost per category. The report affidavit shall also clearly |
19 | | state why the furniture was must be purchased new as opposed to |
20 | | obtained from the administrator's surplus. The reports |
21 | | affidavits shall be made available by the administrator for |
22 | | public inspection and copying. |
23 | | This Section applies only to the purchase of an item of |
24 | | furniture with a purchase price of $1,500 $500 or more. |
25 | | (Source: P.A. 88-515; 88-656, eff. 9-16-94.)
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1 | | Section 2-15. The Counties Code is amended by changing |
2 | | Sections 5-1022 and 6-1003 as follows:
|
3 | | (55 ILCS 5/5-1022) |
4 | | Sec. 5-1022. Competitive bids. |
5 | | (a) Any purchase by a county with fewer than 2,000,000 |
6 | | inhabitants , or an elected official in a county with fewer |
7 | | than 2,000,000 inhabitants, including an elected official with |
8 | | control of the internal operations of the office, of services, |
9 | | materials, equipment , or supplies in excess of $30,000, other |
10 | | than professional services, shall be contracted for in one of |
11 | | the following ways: |
12 | | (1) by a contract let to the lowest responsible bidder |
13 | | after advertising for bids in a newspaper published within |
14 | | the county or, if no newspaper is published within the |
15 | | county, then a newspaper having general circulation within |
16 | | the county; or |
17 | | (2) by a contract let without advertising for bids in |
18 | | the case of an emergency if authorized by the county |
19 | | board ; or . |
20 | | (3) by a contract let without advertising for bids in |
21 | | the case of the expedited replacement of a disabled, |
22 | | inoperable, or damaged patrol vehicle of the sheriff's |
23 | | department if authorized by the county board. |
24 | | (b) In determining the lowest responsible bidder, the |
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1 | | county board shall take into consideration the qualities of |
2 | | the articles supplied; their conformity with the |
3 | | specifications; their suitability to the requirements of the |
4 | | county; the availability of support services; the uniqueness |
5 | | of the service, materials, equipment, or supplies as it |
6 | | applies to networked, integrated computer systems; the |
7 | | compatibility to existing equipment; and the delivery terms. |
8 | | In addition, the county board may take into consideration the |
9 | | bidder's active participation in an applicable apprenticeship |
10 | | program registered with the United States Department of Labor. |
11 | | The county board also may take into consideration whether a |
12 | | bidder is a private enterprise or a State-controlled |
13 | | enterprise and, notwithstanding any other provision of this |
14 | | Section or a lower bid by a State-controlled enterprise, may |
15 | | let a contract to the lowest responsible bidder that is a |
16 | | private enterprise. |
17 | | (c) This Section does not apply to contracts by a county |
18 | | with the federal government or to purchases of used equipment, |
19 | | purchases at auction or similar transactions which by their |
20 | | very nature are not suitable to competitive bids, pursuant to |
21 | | an ordinance adopted by the county board. |
22 | | (d) Notwithstanding the provisions of this Section, a |
23 | | county may let without advertising for bids in the case of |
24 | | purchases and contracts, when individual orders do not exceed |
25 | | $35,000, for the use, purchase, delivery, movement, or |
26 | | installation of data processing equipment, software, or |
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1 | | services and telecommunications and inter-connect equipment, |
2 | | software, and services. |
3 | | (e) A county may require, as a condition of any contract |
4 | | for goods and services, that persons awarded a contract with |
5 | | the county and all affiliates of the person collect and remit |
6 | | Illinois Use Tax on all sales of tangible personal property |
7 | | into the State of Illinois in accordance with the provisions |
8 | | of the Illinois Use Tax Act regardless of whether the person or |
9 | | affiliate is a "retailer maintaining a place of business |
10 | | within this State" as defined in Section 2 of the Use Tax Act. |
11 | | For purposes of this subsection (e), the term "affiliate" |
12 | | means any entity that (1) directly, indirectly, or |
13 | | constructively controls another entity, (2) is directly, |
14 | | indirectly, or constructively controlled by another entity, or |
15 | | (3) is subject to the control of a common entity. For purposes |
16 | | of this subsection (e), an entity controls another entity if |
17 | | it owns, directly or individually, more than 10% of the voting |
18 | | securities of that entity. As used in this subsection (e), the |
19 | | term "voting security" means a security that (1) confers upon |
20 | | the holder the right to vote for the election of members of the |
21 | | board of directors or similar governing body of the business |
22 | | or (2) is convertible into, or entitles the holder to receive |
23 | | upon its exercise, a security that confers such a right to |
24 | | vote. A general partnership interest is a voting security. |
25 | | (f) Bids submitted to, and contracts executed by, the |
26 | | county may require a certification by the bidder or contractor |
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1 | | that the bidder or contractor is not barred from bidding for or |
2 | | entering into a contract under this Section and that the |
3 | | bidder or contractor acknowledges that the county may declare |
4 | | the contract void if the certification completed pursuant to |
5 | | this subsection (f) is false. |
6 | | (Source: P.A. 103-14, eff. 1-1-24; 103-286, eff. 7-28-23; |
7 | | revised 12-12-23.)
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8 | | (55 ILCS 5/6-1003) (from Ch. 34, par. 6-1003) |
9 | | Sec. 6-1003. Further appropriations barred; transfers. |
10 | | After the adoption of the county budget, no further |
11 | | appropriations shall be made at any other time during such |
12 | | fiscal year, except as provided in this Division. |
13 | | Appropriations in excess of those authorized by the budget in |
14 | | order to meet an immediate emergency may be made at any meeting |
15 | | of the board by a two-thirds vote of all the members |
16 | | constituting such board, the vote to be taken by ayes and nays |
17 | | and entered on the record of the meeting. After the adoption of |
18 | | the county budget, transfers of appropriations may be made |
19 | | without a vote of the board; however, transfers of |
20 | | appropriations affecting personnel and capital may be made at |
21 | | any meeting of the board by a two-thirds vote of all the |
22 | | members constituting such board, the vote to be taken by ayes |
23 | | and nays and entered on the record of the meeting, provided for |
24 | | any type of transfer that the total amount appropriated for |
25 | | the fund is not affected. |
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1 | | This Section applies to all elected officials, including |
2 | | elected officials with control of the internal operations of |
3 | | their office. |
4 | | (Source: P.A. 99-356, eff. 8-13-15; 99-642, eff. 7-28-16.)
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5 | | ARTICLE 3.
|
6 | | Section 3-5. The Department of Natural Resources Act is |
7 | | amended by changing Section 1-20 and by adding Section 1-50 as |
8 | | follows:
|
9 | | (20 ILCS 801/1-20) |
10 | | Sec. 1-20. Real property. The Department has the power: |
11 | | (a) To transfer jurisdiction of any realty under the |
12 | | control of the Department to any other Department of the State |
13 | | Government, or to any authority, commission or other agency of |
14 | | the State, and to acquire or accept federal lands, when such |
15 | | transfer, acquisition or acceptance is advantageous to the |
16 | | State and is approved in writing by the Governor. |
17 | | (b) To lease, from time to time, any land or property, with |
18 | | or without appurtenances, of which the Department has |
19 | | jurisdiction, and which are not immediately to be used or |
20 | | developed by the State; provided that no such lease be for a |
21 | | longer period of time than that in which it can reasonably be |
22 | | expected the State will not have use for such property, and |
23 | | further provided that no such lease be for a longer period of |
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1 | | time than 10 5 years. |
2 | | (c) To lease any land or property over which the |
3 | | Department has jurisdiction for the purpose of creating, |
4 | | operating, or maintaining a commercial solar energy system, as |
5 | | defined in Section 10-720 of the Property Tax Code, or a clean |
6 | | energy project, as defined in the Department of Natural |
7 | | Resources (Conservation) Law of the Civil Administrative Code |
8 | | of Illinois. A lease under this subsection (c) shall not be for |
9 | | a period longer than 40 years. The Department shall |
10 | | competitively bid any project authorized pursuant to this |
11 | | subsection (c) pursuant to the requirements of Section 20-15 |
12 | | and subsections (c) and (f) of Section 20-10 of the Illinois |
13 | | Procurement Code. No person or business shall submit |
14 | | specifications to the Department pursuant to this subsection |
15 | | (c) unless requested to do so by an employee of the State. No |
16 | | person or business who contracts with a State agency to write |
17 | | specifications for any project pursuant to this subsection (c) |
18 | | shall submit a bid or proposal, review or evaluate any |
19 | | prospective proposals from the competitive bidding process, or |
20 | | receive a contract for any project issued pursuant to this |
21 | | subsection (c). If practical, the Department shall require |
22 | | that any land or property over which the Department has |
23 | | jurisdiction and that is used for the purpose of creating, |
24 | | operating, or maintaining a commercial solar energy system |
25 | | shall have implemented on it and maintained management |
26 | | practices that would qualify the land or property as a |
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1 | | beneficial habitat under the Pollinator-Friendly Solar Site |
2 | | Act. The Department shall prioritize commercial solar energy |
3 | | system sites based on their suitability and economic |
4 | | feasibility for solar use. The Department shall then |
5 | | prioritize commercial solar energy system sites with a |
6 | | significant history of disturbance, such as former strip mines |
7 | | or previously developed sites. The Department may consider any |
8 | | land use that is lost from the installation of a commercial |
9 | | solar energy system in making a determination regarding the |
10 | | suitability of a site. At least 60 days before entering into a |
11 | | lease for a commercial solar energy system under this |
12 | | subsection (c), the Department shall post in the Illinois |
13 | | Register and on the Department's website notice of the |
14 | | Department's intent to enter into the lease and shall provide |
15 | | a copy of the notice to a municipality if the leased area is |
16 | | located within the borders of the municipality. The notice |
17 | | shall include the specific location and size of the proposed |
18 | | commercial solar energy system. The Department shall consider |
19 | | and respond to all public comments regarding the posting that |
20 | | are received by the Department within 30 days of the posting. |
21 | | (Source: P.A. 89-445, eff. 2-7-96.)
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22 | | (20 ILCS 801/1-50 new) |
23 | | Sec. 1-50. Administrative rules. The Department of Natural |
24 | | Resources may adopt rules necessary to carry out its duties |
25 | | under this Act.
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1 | | Section 3-10. The Department of Natural Resources |
2 | | (Conservation) Law of the Civil Administrative Code of |
3 | | Illinois is amended by changing Sections 805-5, 805-230, and |
4 | | 805-235 and by adding Sections 805-280 and 805-580 as follows:
|
5 | | (20 ILCS 805/805-5) |
6 | | Sec. 805-5. Definitions. In this Law: |
7 | | "Clean energy" means energy that is generated, by design |
8 | | or operation, in a manner that is substantially free of carbon |
9 | | dioxide emissions or in a manner that otherwise contributes to |
10 | | the reduction in emissions of environmentally hazardous |
11 | | materials or reduces the volume of environmentally dangerous |
12 | | materials. |
13 | | "Clean energy project" means a project that is undertaken |
14 | | to acquire, construct, refurbish, create, develop, or |
15 | | redevelop any facility, equipment, machinery, or real or |
16 | | personal property and that will aid, assist, or encourage the |
17 | | development or implementation of clean energy in the State. |
18 | | "Department" means the Department of Natural Resources. |
19 | | "Director" means the Director of Natural Resources. |
20 | | (Source: P.A. 91-239, eff. 1-1-00.)
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21 | | (20 ILCS 805/805-230) (was 20 ILCS 805/63a18) |
22 | | Sec. 805-230. Developing recreational areas. The |
23 | | Department has the power to lease from individuals, |
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1 | | corporations, or any other form of private ownership, from any |
2 | | municipality, public corporation, or political subdivision of |
3 | | this State, or from the United States any lands or waters for |
4 | | the purpose of developing outdoor recreational areas for |
5 | | public use and to acquire all necessary property or |
6 | | rights-of-way for the purposes of ingress or egress to those |
7 | | lands and waters and to construct buildings and other |
8 | | recreational facilities, including roadways, bridges, and |
9 | | parking areas, commercial solar energy systems, and clean |
10 | | energy projects that the Department deems necessary or |
11 | | desirable for maximum utilization of recreational facilities |
12 | | for public use of the areas. |
13 | | (Source: P.A. 91-239, eff. 1-1-00.)
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14 | | (20 ILCS 805/805-235) (was 20 ILCS 805/63a6) |
15 | | Sec. 805-235. Lease of lands acquired by the Department; |
16 | | disposition of obsolete buildings. The Department has the |
17 | | power to do and perform each and every act or thing considered |
18 | | by the Director to be necessary or desirable to fulfill and |
19 | | carry out the intent and purpose of all laws pertaining to the |
20 | | Department, including the right to rehabilitate or sell at |
21 | | public auction buildings or structures affixed to lands over |
22 | | which the Department has acquired jurisdiction when in the |
23 | | judgment of the Director those buildings or structures are |
24 | | obsolete, inadequate, or unusable for the purposes of the |
25 | | Department and to lease those lands with or without |
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1 | | appurtenances for a consideration in money or in kind for a |
2 | | period of time not in excess of 10 5 years for the purposes and |
3 | | upon the terms and conditions that the Director considers to |
4 | | be in the best interests of the State when those lands are not |
5 | | immediately to be used or developed by the State. All those |
6 | | sales shall be made subject to the written approval of the |
7 | | Governor. The funds derived from those sales and from those |
8 | | leases shall be deposited in the State Parks Fund, except that |
9 | | funds derived from those sales and from those leases on lands |
10 | | managed and operated principally as wildlife or fisheries |
11 | | areas by the Department shall be deposited in the Wildlife and |
12 | | Fish Fund. |
13 | | (Source: P.A. 91-239, eff. 1-1-00.)
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14 | | (20 ILCS 805/805-280 new) |
15 | | Sec. 805-280. Leases for the purpose of creating, |
16 | | operating, or maintaining a commercial solar energy system or |
17 | | clean energy project. The Department may lease any land or |
18 | | property over which the Department has jurisdiction for the |
19 | | purpose of creating, operating, or maintaining a commercial |
20 | | solar energy system, as defined in Section 10-720 of the |
21 | | Property Tax Code, or a clean energy project. The lease shall |
22 | | not be for a period longer than 40 years. The Department shall |
23 | | competitively bid any project authorized pursuant to this |
24 | | Section pursuant to the requirements of Section 20-15, and |
25 | | subsections (c) and (f) of Section 20-10 of the Illinois |
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1 | | Procurement Code. No person or business shall submit |
2 | | specifications to the Department pursuant to this Section |
3 | | unless requested to do so by an employee of the State. No |
4 | | person or business who contracts with a State agency to write |
5 | | specifications for any project pursuant to this Section shall |
6 | | submit a bid or proposal, review or evaluate any prospective |
7 | | proposals from the competitive bidding process, or receive a |
8 | | contract for any project issued pursuant to this Section. The |
9 | | Department shall require that any lease must provide for a |
10 | | signed project labor agreement for the length of the lease |
11 | | term. A project labor agreement entered into under this |
12 | | Section shall be entered into with the local building and |
13 | | construction trades council having geographic jurisdiction |
14 | | over the project. If practical, the Department shall require |
15 | | that any land or property over which the Department has |
16 | | jurisdiction that is used for the purpose of creating, |
17 | | operating, or maintaining a commercial solar energy system |
18 | | shall have implemented on it and maintained management |
19 | | practices that would qualify the land or property as a |
20 | | beneficial habitat under the Pollinator-Friendly Solar Site |
21 | | Act. The Department shall require that any lease must include |
22 | | a signed project labor agreement for the length of the lease |
23 | | term. The Department shall prioritize commercial solar energy |
24 | | system sites based on their suitability and economic |
25 | | feasibility for solar use. The Department shall then |
26 | | prioritize commercial solar energy system sites with a |
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1 | | significant history of disturbance, such as former strip mines |
2 | | or previously developed sites. The Department may consider any |
3 | | land use that is lost from the installation of a commercial |
4 | | solar energy system in making a determination for the |
5 | | suitability of a site.
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6 | | (20 ILCS 805/805-580 new) |
7 | | Sec. 805-580. Electric vehicle charging stations. |
8 | | (a) The Department may provide for at least one electric |
9 | | vehicle charging station, as defined in the Electric Vehicle |
10 | | Act, at any State park or other real property that is owned by |
11 | | the Department where electrical service will reasonably |
12 | | permit. The Department is authorized to charge user fees for |
13 | | the use of such electric vehicle charging stations. |
14 | | (b) The Department may adopt and publish specifications |
15 | | detailing the kind and type of electric vehicle charging |
16 | | stations to be provided and may adopt rules governing the fees |
17 | | for use of electric vehicle charging stations at State parks |
18 | | or other real property that is owned by the Department.
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19 | | Section 3-15. The State Parks Act is amended by changing |
20 | | Sections 2, 3, 3a, and 4 as follows:
|
21 | | (20 ILCS 835/2) (from Ch. 105, par. 466) |
22 | | Sec. 2. It shall be the policy of the State of Illinois to |
23 | | acquire a system of State parks which shall embody the |
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1 | | following purposes and objectives: |
2 | | (1) To preserve the most important historic sites and |
3 | | events that which are connected with the peoples who are |
4 | | geographically and culturally affiliated to the land now |
5 | | known as the State of Illinois early pioneer or Indian |
6 | | history , so that their such history of the Indians, |
7 | | explorers, missionaries and settlers may be preserved, not |
8 | | only as a tribute to those peoples that came before us who |
9 | | made possible the building of the State of Illinois and of |
10 | | the Union , but also as a part of the education of present |
11 | | and future Illinois citizens. |
12 | | (2) To set aside as public reservations those |
13 | | locations which have unusual scenic attractions caused by |
14 | | geologic or topographic formations, such as canyons, |
15 | | gorges, caves, dunes, beaches, moraines, palisades, |
16 | | examples of Illinois prairie, and points of scientific |
17 | | interest to botanists and naturalists. These areas should |
18 | | be large in size and whenever practicable shall be not |
19 | | less than 1,000 acres in extent. However, smaller areas |
20 | | may be acquired wherever conditions do not warrant the |
21 | | acquisition of the larger acreage. |
22 | | (3) To preserve large forested areas and marginal |
23 | | lands along the rivers, small water courses, and lakes for |
24 | | a recreation use different from that given by the typical |
25 | | city park, and so that these tracts may remain unchanged |
26 | | by civilization, so far as possible, and be kept for |
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1 | | future generations. Such areas also, should be acquired in |
2 | | units of 1,000 acres or more and may be available as fish |
3 | | and game preserves. However, smaller areas may be acquired |
4 | | wherever conditions do not warrant the acquisition of the |
5 | | larger acreage. |
6 | | (4) To connect these parks with each other by a system |
7 | | of scenic parkways with widths varying from 100 to 1,000 |
8 | | feet, as a supplement to and completion of the State |
9 | | highway system. Where the present State highway routes may |
10 | | serve this purpose, their location, alignment and design |
11 | | should be studied with this plan in view. At suitable |
12 | | locations along these highways, pure water supplies and |
13 | | shelters and comfort facilities of attractive design may |
14 | | be installed for the convenience of the public. |
15 | | The Department of Natural Resources is authorized on in |
16 | | behalf of the State of Illinois to accept by donation or |
17 | | bequest, to purchase or acquire by condemnation proceedings in |
18 | | the manner provided for the exercise of the power of eminent |
19 | | domain under the Eminent Domain Act, or by contract for deed |
20 | | payable over a period of time not to exceed 10 years, or in any |
21 | | other legal manner, the title to all such lands, waters or |
22 | | regions, and the easements appurtenant or contributory |
23 | | thereto, which shall be in accord with such policy in respect |
24 | | to a system of State parks, for the purpose of which the |
25 | | General Assembly may make an appropriation. Purchases by |
26 | | contract for deed under this Section shall not exceed |
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1 | | $20,000,000 in total purchase price for land under contract at |
2 | | any one given time. |
3 | | (Source: P.A. 94-1055, eff. 1-1-07.)
|
4 | | (20 ILCS 835/3) (from Ch. 105, par. 467) |
5 | | Sec. 3. (a) As used in this Section, "artificial |
6 | | landscaping" does not include any landscaping or other site |
7 | | modification or use resulting from any lease entered into by |
8 | | the Department of Natural Resources for the creation, |
9 | | operation, or maintenance of a commercial solar energy system, |
10 | | as defined in Section 10-720 of the Property Tax Code, or a |
11 | | clean energy project, as defined in the Department of Natural |
12 | | Resources (Conservation) Law of the Civil Administrative Code |
13 | | of Illinois. Instead, these site modifications and uses are |
14 | | hereby deemed to support conservation of the original |
15 | | character of the parks. |
16 | | (b) In maintaining the State parks , the Department of |
17 | | Natural Resources shall conserve the original character as |
18 | | distinguished from the artificial landscaping of such parks. |
19 | | (Source: P.A. 89-445, eff. 2-7-96.)
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20 | | (20 ILCS 835/3a) (from Ch. 105, par. 467a) |
21 | | Sec. 3a. The Department of Natural Resources shall not |
22 | | dispose of any portion of a State park except as specifically |
23 | | authorized by law. This prohibition shall not restrict the |
24 | | Department from conveyance of easements , leases, and other |
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1 | | lesser interests in land. |
2 | | (Source: P.A. 89-445, eff. 2-7-96.)
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3 | | (20 ILCS 835/4) (from Ch. 105, par. 468) |
4 | | Sec. 4. The Department of Natural Resources has the power: |
5 | | (1) To make rules and regulations necessary to carry out |
6 | | its duties under this Act, including rules and regulations for |
7 | | the use, care, improvement, control and administration of |
8 | | lands under its jurisdiction, and to enforce the same. |
9 | | (2) To employ such custodians, keepers, clerks, |
10 | | assistants, laborers and subordinates as may be necessary to |
11 | | carry out the provisions of this Act. |
12 | | (3) To lay out, construct and maintain all needful roads, |
13 | | parking areas, paths or trails, bridges, and docks, camp or |
14 | | lodge sites, picnic areas, beach houses, lodges and cabins and |
15 | | any other structures and improvements necessary and |
16 | | appropriate in any state park or easement thereto; and to |
17 | | provide water supplies, heat and light, and sanitary |
18 | | facilities for the public and living quarters for the |
19 | | custodians and keepers of state parks. |
20 | | (4) To replant any devastated native plant areas of any |
21 | | State park or increase or supplement the same when necessary |
22 | | with plant material indigenous to such park. |
23 | | (5) To cooperate with the United States government and |
24 | | with other states in matters relating to the care, |
25 | | improvement, control and administration of national or |
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1 | | interstate parks. |
2 | | (6) To cooperate and contract with any agency, |
3 | | organization or individual in a manner consistent with the |
4 | | purposes of this Act and the powers granted the Department |
5 | | herein. |
6 | | (7) To accept and administer gifts, grants and legacies of |
7 | | money, securities or property to be used by the Department of |
8 | | Natural Resources for the purposes of this Act and according |
9 | | to the tenor of such gift, grant or legacy. |
10 | | (8) To enter into leases that allow for the creation, |
11 | | operation, or maintenance of a commercial solar energy system, |
12 | | as defined in Section 10-720 of the Property Tax Code, or a |
13 | | clean energy project, as defined in the Department of Natural |
14 | | Resources (Conservation) Law of the Civil Administrative Code |
15 | | of Illinois. If practical, the Department shall require that |
16 | | any land or property over which the Department has |
17 | | jurisdiction that is used for the purpose of creating, |
18 | | operating, or maintaining a commercial solar energy system |
19 | | shall have implemented on it and maintained management |
20 | | practices that would qualify the land or property as a |
21 | | beneficial habitat under the Pollinator-Friendly Solar Site |
22 | | Act. The Department shall require that any lease must include |
23 | | a signed project labor agreement for the length of the lease |
24 | | term. A project labor agreement entered into under this |
25 | | Section shall be entered into with the local building and |
26 | | construction trades council having geographic jurisdiction |
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1 | | over the project. The Department shall prioritize commercial |
2 | | solar energy system sites based on their suitability and |
3 | | economic feasibility for solar use. The Department shall then |
4 | | prioritize commercial solar energy system sites with a |
5 | | significant history of disturbance, such as former strip mines |
6 | | or previously developed sites. In making a determination for |
7 | | the suitability of a site, the Department may consider any |
8 | | land use that is lost from the installation of a commercial |
9 | | solar energy system. |
10 | | (Source: P.A. 89-445, eff. 2-7-96.)
|
11 | | ARTICLE 5.
|
12 | | Section 5-5. The Illinois Procurement Code is amended by |
13 | | changing Section 20-60 as follows:
|
14 | | (30 ILCS 500/20-60) |
15 | | Sec. 20-60. Duration of contracts. |
16 | | (a) Maximum duration. A contract may be entered into for |
17 | | any period of time deemed to be in the best interests of the |
18 | | State but not exceeding 10 years inclusive, beginning January |
19 | | 1, 2010, of proposed contract renewals; provided, however, in |
20 | | connection with the issuance of certificates of participation |
21 | | or bonds, the governing board of a public institution of |
22 | | higher education may enter into contracts in excess of 10 |
23 | | years but not to exceed 30 years for the purpose of financing |
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1 | | or refinancing real or personal property. Third parties may |
2 | | lease State-owned communications infrastructure, including |
3 | | dark fiber networks , conduit, and excess communication tower |
4 | | capacity, for any period of time deemed to be in the best |
5 | | interest of the State, but not exceeding 20 years. The length |
6 | | of a lease for real property or capital improvements shall be |
7 | | in accordance with the provisions of Section 40-25. The length |
8 | | of energy conservation program contracts or energy savings |
9 | | contracts or leases shall be in accordance with the provisions |
10 | | of Section 25-45. A contract for bond or mortgage insurance |
11 | | awarded by the Illinois Housing Development Authority, |
12 | | however, may be entered into for any period of time less than |
13 | | or equal to the maximum period of time that the subject bond or |
14 | | mortgage may remain outstanding. |
15 | | (b) Subject to appropriation. All contracts made or |
16 | | entered into shall recite that they are subject to termination |
17 | | and cancellation in any year for which the General Assembly |
18 | | fails to make an appropriation to make payments under the |
19 | | terms of the contract. |
20 | | (c) The chief procurement officer shall file a proposed |
21 | | extension or renewal of a contract with the Procurement Policy |
22 | | Board and the Commission on Equity and Inclusion prior to |
23 | | entering into any extension or renewal if the cost associated |
24 | | with the extension or renewal exceeds $249,999. The |
25 | | Procurement Policy Board or the Commission on Equity and |
26 | | Inclusion may object to the proposed extension or renewal |
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1 | | within 14 calendar days and require a hearing before the Board |
2 | | or the Commission on Equity and Inclusion prior to entering |
3 | | into the extension or renewal. If the Procurement Policy Board |
4 | | or the Commission on Equity and Inclusion does not object |
5 | | within 14 calendar days or takes affirmative action to |
6 | | recommend the extension or renewal, the chief procurement |
7 | | officer may enter into the extension or renewal of a contract. |
8 | | This subsection does not apply to any emergency procurement, |
9 | | any procurement under Article 40, or any procurement exempted |
10 | | by Section 1-10(b) of this Code. If any State agency contract |
11 | | is paid for in whole or in part with federal-aid funds, grants, |
12 | | or loans and the provisions of this subsection would result in |
13 | | the loss of those federal-aid funds, grants, or loans, then |
14 | | the contract is exempt from the provisions of this subsection |
15 | | in order to remain eligible for those federal-aid funds, |
16 | | grants, or loans, and the State agency shall file notice of |
17 | | this exemption with the Procurement Policy Board or the |
18 | | Commission on Equity and Inclusion prior to entering into the |
19 | | proposed extension or renewal. Nothing in this subsection |
20 | | permits a chief procurement officer to enter into an extension |
21 | | or renewal in violation of subsection (a). By August 1 each |
22 | | year, the Procurement Policy Board and the Commission on |
23 | | Equity and Inclusion shall each file a report with the General |
24 | | Assembly identifying for the previous fiscal year (i) the |
25 | | proposed extensions or renewals that were filed and whether |
26 | | such extensions and renewals were objected to and (ii) the |
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1 | | contracts exempt from this subsection. |
2 | | (d) Notwithstanding the provisions of subsection (a) of |
3 | | this Section, the Department of Innovation and Technology may |
4 | | enter into leases for dark fiber networks for any period of |
5 | | time deemed to be in the best interests of the State but not |
6 | | exceeding 20 years inclusive. The Department of Innovation and |
7 | | Technology may lease dark fiber networks from third parties |
8 | | only for the primary purpose of providing services (i) to the |
9 | | offices of Governor, Lieutenant Governor, Attorney General, |
10 | | Secretary of State, Comptroller, or Treasurer and State |
11 | | agencies, as defined under Section 5-15 of the Civil |
12 | | Administrative Code of Illinois or (ii) for anchor |
13 | | institutions, as defined in Section 7 of the Illinois Century |
14 | | Network Act. Dark fiber network lease contracts shall be |
15 | | subject to all other provisions of this Code and any |
16 | | applicable rules or requirements, including, but not limited |
17 | | to, publication of lease solicitations, use of standard State |
18 | | contracting terms and conditions, and approval of vendor |
19 | | certifications and financial disclosures. |
20 | | (e) As used in this Section, "dark fiber network" means a |
21 | | network of fiber optic cables laid but currently unused by a |
22 | | third party that the third party is leasing for use as network |
23 | | infrastructure. |
24 | | (f) No vendor shall be eligible for renewal of a contract |
25 | | when that vendor has failed to meet the goals agreed to in the |
26 | | vendor's utilization plan, as defined in Section 2 of the |
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1 | | Business Enterprise for Minorities, Women, and Persons with |
2 | | Disabilities Act, unless the State agency or public |
3 | | institution of higher education has determined that the vendor |
4 | | made good faith efforts toward meeting the contract goals. If |
5 | | the State agency or public institution of higher education |
6 | | determines that the vendor made good faith efforts, the agency |
7 | | or public institution of higher education may issue a waiver |
8 | | after concurrence by the chief procurement officer, which |
9 | | shall not be unreasonably withheld or impair a State agency |
10 | | determination to execute the renewal. The form and content of |
11 | | the waiver shall be prescribed by each chief procurement |
12 | | officer, but shall not impair a State agency or public |
13 | | institution of higher education determination to execute the |
14 | | renewal. The chief procurement officer shall post the |
15 | | completed form on his or her official website within 5 |
16 | | business days after receipt from the State agency or public |
17 | | institution of higher education. The chief procurement officer |
18 | | shall maintain on his or her official website a database of |
19 | | waivers granted under this Section with respect to contracts |
20 | | under his or her jurisdiction. The database shall be updated |
21 | | periodically and shall be searchable by contractor name and by |
22 | | contracting State agency or public institution of higher |
23 | | education. |
24 | | (Source: P.A. 102-29, eff. 6-25-21; 102-721, eff. 1-1-23; |
25 | | 103-570, eff. 1-1-24.)
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1 | | ARTICLE 7.
|
2 | | Section 7-5. The Illinois Procurement Code is amended by |
3 | | adding Section 45-46 as follows:
|
4 | | (30 ILCS 500/45-46 new) |
5 | | Sec. 45-46. Mid-size businesses. |
6 | | (a) As used in the Section, "mid-size business" means a |
7 | | business that is independently owned and operated and that is |
8 | | not dominant in its field of operation. "Mid-size business" |
9 | | includes a construction business with annual sales and |
10 | | receipts in excess of $14,000,000 but not over $45,000,000. |
11 | | (a-5) This Section applies only to construction-related |
12 | | procurements for the Illinois State Toll Highway Authority. |
13 | | (b) The chief procurement officer shall adopt rules to |
14 | | establish additional criteria to designate mid-size businesses |
15 | | for the purposes of the mid-size business set-asides described |
16 | | in subsection (c), including the number of employees and |
17 | | annual sales and receipts of the business. When computing the |
18 | | size status of a potential contractor, annual sales and |
19 | | receipts of the potential contractor and all of its affiliates |
20 | | shall be included. The maximum number of employees and the |
21 | | maximum annual sales and receipts that a mid-size business may |
22 | | have under the rules adopted by the chief procurement officer |
23 | | may vary from industry to industry, to the extent necessary to |
24 | | reflect differing characteristics of those industries, subject |
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1 | | to the limitation that no business shall qualify as a mid-size |
2 | | business if its annual sales and receipts exceed $45,000,000. |
3 | | (c) The applicable chief procurement officer shall |
4 | | designate a fair proportion, as determined by the applicable |
5 | | chief procurement officer in consultation with the Illinois |
6 | | State Toll Highway Authority, of construction, |
7 | | construction-related, and construction support contracts as |
8 | | mid-size business set-asides for award to mid-size businesses |
9 | | in Illinois. Advertisements for bids or offers for these |
10 | | contracts shall specify designation as mid-size business |
11 | | set-asides. In awarding the contracts, only bids or offers |
12 | | from qualified mid-size businesses shall be considered. The |
13 | | Illinois State Toll Highway Authority shall prepare an annual |
14 | | report setting forth the use of this Section during the |
15 | | preceding fiscal year and shall provide that report to the |
16 | | applicable chief procurement officer no later than March 1 of |
17 | | each calendar year. This Section is repealed 5 years after the |
18 | | effective date of this Section.
|
19 | | ARTICLE 10.
|
20 | | Section 10-5. The Freedom of Information Act is amended by |
21 | | changing Section 7 as follows:
|
22 | | (5 ILCS 140/7) |
23 | | Sec. 7. Exemptions. |
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1 | | (1) When a request is made to inspect or copy a public |
2 | | record that contains information that is exempt from |
3 | | disclosure under this Section, but also contains information |
4 | | that is not exempt from disclosure, the public body may elect |
5 | | to redact the information that is exempt. The public body |
6 | | shall make the remaining information available for inspection |
7 | | and copying. Subject to this requirement, the following shall |
8 | | be exempt from inspection and copying: |
9 | | (a) Information specifically prohibited from |
10 | | disclosure by federal or State law or rules and |
11 | | regulations implementing federal or State law. |
12 | | (b) Private information, unless disclosure is required |
13 | | by another provision of this Act, a State or federal law, |
14 | | or a court order. |
15 | | (b-5) Files, documents, and other data or databases |
16 | | maintained by one or more law enforcement agencies and |
17 | | specifically designed to provide information to one or |
18 | | more law enforcement agencies regarding the physical or |
19 | | mental status of one or more individual subjects. |
20 | | (c) Personal information contained within public |
21 | | records, the disclosure of which would constitute a |
22 | | clearly unwarranted invasion of personal privacy, unless |
23 | | the disclosure is consented to in writing by the |
24 | | individual subjects of the information. "Unwarranted |
25 | | invasion of personal privacy" means the disclosure of |
26 | | information that is highly personal or objectionable to a |
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1 | | reasonable person and in which the subject's right to |
2 | | privacy outweighs any legitimate public interest in |
3 | | obtaining the information. The disclosure of information |
4 | | that bears on the public duties of public employees and |
5 | | officials shall not be considered an invasion of personal |
6 | | privacy. |
7 | | (d) Records in the possession of any public body |
8 | | created in the course of administrative enforcement |
9 | | proceedings, and any law enforcement or correctional |
10 | | agency for law enforcement purposes, but only to the |
11 | | extent that disclosure would: |
12 | | (i) interfere with pending or actually and |
13 | | reasonably contemplated law enforcement proceedings |
14 | | conducted by any law enforcement or correctional |
15 | | agency that is the recipient of the request; |
16 | | (ii) interfere with active administrative |
17 | | enforcement proceedings conducted by the public body |
18 | | that is the recipient of the request; |
19 | | (iii) create a substantial likelihood that a |
20 | | person will be deprived of a fair trial or an impartial |
21 | | hearing; |
22 | | (iv) unavoidably disclose the identity of a |
23 | | confidential source, confidential information |
24 | | furnished only by the confidential source, or persons |
25 | | who file complaints with or provide information to |
26 | | administrative, investigative, law enforcement, or |
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1 | | penal agencies; except that the identities of |
2 | | witnesses to traffic crashes, traffic crash reports, |
3 | | and rescue reports shall be provided by agencies of |
4 | | local government, except when disclosure would |
5 | | interfere with an active criminal investigation |
6 | | conducted by the agency that is the recipient of the |
7 | | request; |
8 | | (v) disclose unique or specialized investigative |
9 | | techniques other than those generally used and known |
10 | | or disclose internal documents of correctional |
11 | | agencies related to detection, observation, or |
12 | | investigation of incidents of crime or misconduct, and |
13 | | disclosure would result in demonstrable harm to the |
14 | | agency or public body that is the recipient of the |
15 | | request; |
16 | | (vi) endanger the life or physical safety of law |
17 | | enforcement personnel or any other person; or |
18 | | (vii) obstruct an ongoing criminal investigation |
19 | | by the agency that is the recipient of the request. |
20 | | (d-5) A law enforcement record created for law |
21 | | enforcement purposes and contained in a shared electronic |
22 | | record management system if the law enforcement agency |
23 | | that is the recipient of the request did not create the |
24 | | record, did not participate in or have a role in any of the |
25 | | events which are the subject of the record, and only has |
26 | | access to the record through the shared electronic record |
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1 | | management system. |
2 | | (d-6) Records contained in the Officer Professional |
3 | | Conduct Database under Section 9.2 of the Illinois Police |
4 | | Training Act, except to the extent authorized under that |
5 | | Section. This includes the documents supplied to the |
6 | | Illinois Law Enforcement Training Standards Board from the |
7 | | Illinois State Police and Illinois State Police Merit |
8 | | Board. |
9 | | (d-7) Information gathered or records created from the |
10 | | use of automatic license plate readers in connection with |
11 | | Section 2-130 of the Illinois Vehicle Code. |
12 | | (e) Records that relate to or affect the security of |
13 | | correctional institutions and detention facilities. |
14 | | (e-5) Records requested by persons committed to the |
15 | | Department of Corrections, Department of Human Services |
16 | | Division of Mental Health, or a county jail if those |
17 | | materials are available in the library of the correctional |
18 | | institution or facility or jail where the inmate is |
19 | | confined. |
20 | | (e-6) Records requested by persons committed to the |
21 | | Department of Corrections, Department of Human Services |
22 | | Division of Mental Health, or a county jail if those |
23 | | materials include records from staff members' personnel |
24 | | files, staff rosters, or other staffing assignment |
25 | | information. |
26 | | (e-7) Records requested by persons committed to the |
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1 | | Department of Corrections or Department of Human Services |
2 | | Division of Mental Health if those materials are available |
3 | | through an administrative request to the Department of |
4 | | Corrections or Department of Human Services Division of |
5 | | Mental Health. |
6 | | (e-8) Records requested by a person committed to the |
7 | | Department of Corrections, Department of Human Services |
8 | | Division of Mental Health, or a county jail, the |
9 | | disclosure of which would result in the risk of harm to any |
10 | | person or the risk of an escape from a jail or correctional |
11 | | institution or facility. |
12 | | (e-9) Records requested by a person in a county jail |
13 | | or committed to the Department of Corrections or |
14 | | Department of Human Services Division of Mental Health, |
15 | | containing personal information pertaining to the person's |
16 | | victim or the victim's family, including, but not limited |
17 | | to, a victim's home address, home telephone number, work |
18 | | or school address, work telephone number, social security |
19 | | number, or any other identifying information, except as |
20 | | may be relevant to a requester's current or potential case |
21 | | or claim. |
22 | | (e-10) Law enforcement records of other persons |
23 | | requested by a person committed to the Department of |
24 | | Corrections, Department of Human Services Division of |
25 | | Mental Health, or a county jail, including, but not |
26 | | limited to, arrest and booking records, mug shots, and |
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1 | | crime scene photographs, except as these records may be |
2 | | relevant to the requester's current or potential case or |
3 | | claim. |
4 | | (f) Preliminary drafts, notes, recommendations, |
5 | | memoranda, and other records in which opinions are |
6 | | expressed, or policies or actions are formulated, except |
7 | | that a specific record or relevant portion of a record |
8 | | shall not be exempt when the record is publicly cited and |
9 | | identified by the head of the public body. The exemption |
10 | | provided in this paragraph (f) extends to all those |
11 | | records of officers and agencies of the General Assembly |
12 | | that pertain to the preparation of legislative documents. |
13 | | (g) Trade secrets and commercial or financial |
14 | | information obtained from a person or business where the |
15 | | trade secrets or commercial or financial information are |
16 | | furnished under a claim that they are proprietary, |
17 | | privileged, or confidential, and that disclosure of the |
18 | | trade secrets or commercial or financial information would |
19 | | cause competitive harm to the person or business, and only |
20 | | insofar as the claim directly applies to the records |
21 | | requested. |
22 | | The information included under this exemption includes |
23 | | all trade secrets and commercial or financial information |
24 | | obtained by a public body, including a public pension |
25 | | fund, from a private equity fund or a privately held |
26 | | company within the investment portfolio of a private |
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1 | | equity fund as a result of either investing or evaluating |
2 | | a potential investment of public funds in a private equity |
3 | | fund. The exemption contained in this item does not apply |
4 | | to the aggregate financial performance information of a |
5 | | private equity fund, nor to the identity of the fund's |
6 | | managers or general partners. The exemption contained in |
7 | | this item does not apply to the identity of a privately |
8 | | held company within the investment portfolio of a private |
9 | | equity fund, unless the disclosure of the identity of a |
10 | | privately held company may cause competitive harm. |
11 | | Nothing contained in this paragraph (g) shall be |
12 | | construed to prevent a person or business from consenting |
13 | | to disclosure. |
14 | | (h) Proposals and bids for any contract, grant, or |
15 | | agreement, including information which if it were |
16 | | disclosed would frustrate procurement or give an advantage |
17 | | to any person proposing to enter into a contractor |
18 | | agreement with the body, until an award or final selection |
19 | | is made. Information prepared by or for the body in |
20 | | preparation of a bid solicitation shall be exempt until an |
21 | | award or final selection is made. |
22 | | (i) Valuable formulae, computer geographic systems, |
23 | | designs, drawings, and research data obtained or produced |
24 | | by any public body when disclosure could reasonably be |
25 | | expected to produce private gain or public loss. The |
26 | | exemption for "computer geographic systems" provided in |
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1 | | this paragraph (i) does not extend to requests made by |
2 | | news media as defined in Section 2 of this Act when the |
3 | | requested information is not otherwise exempt and the only |
4 | | purpose of the request is to access and disseminate |
5 | | information regarding the health, safety, welfare, or |
6 | | legal rights of the general public. |
7 | | (j) The following information pertaining to |
8 | | educational matters: |
9 | | (i) test questions, scoring keys, and other |
10 | | examination data used to administer an academic |
11 | | examination; |
12 | | (ii) information received by a primary or |
13 | | secondary school, college, or university under its |
14 | | procedures for the evaluation of faculty members by |
15 | | their academic peers; |
16 | | (iii) information concerning a school or |
17 | | university's adjudication of student disciplinary |
18 | | cases, but only to the extent that disclosure would |
19 | | unavoidably reveal the identity of the student; and |
20 | | (iv) course materials or research materials used |
21 | | by faculty members. |
22 | | (k) Architects' plans, engineers' technical |
23 | | submissions, and other construction related technical |
24 | | documents for projects not constructed or developed in |
25 | | whole or in part with public funds and the same for |
26 | | projects constructed or developed with public funds, |
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1 | | including, but not limited to, power generating and |
2 | | distribution stations and other transmission and |
3 | | distribution facilities, water treatment facilities, |
4 | | airport facilities, sport stadiums, convention centers, |
5 | | and all government owned, operated, or occupied buildings, |
6 | | but only to the extent that disclosure would compromise |
7 | | security. |
8 | | (l) Minutes of meetings of public bodies closed to the |
9 | | public as provided in the Open Meetings Act until the |
10 | | public body makes the minutes available to the public |
11 | | under Section 2.06 of the Open Meetings Act. |
12 | | (m) Communications between a public body and an |
13 | | attorney or auditor representing the public body that |
14 | | would not be subject to discovery in litigation, and |
15 | | materials prepared or compiled by or for a public body in |
16 | | anticipation of a criminal, civil, or administrative |
17 | | proceeding upon the request of an attorney advising the |
18 | | public body, and materials prepared or compiled with |
19 | | respect to internal audits of public bodies. |
20 | | (n) Records relating to a public body's adjudication |
21 | | of employee grievances or disciplinary cases; however, |
22 | | this exemption shall not extend to the final outcome of |
23 | | cases in which discipline is imposed. |
24 | | (o) Administrative or technical information associated |
25 | | with automated data processing operations, including, but |
26 | | not limited to, software, operating protocols, computer |
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1 | | program abstracts, file layouts, source listings, object |
2 | | modules, load modules, user guides, documentation |
3 | | pertaining to all logical and physical design of |
4 | | computerized systems, employee manuals, and any other |
5 | | information that, if disclosed, would jeopardize the |
6 | | security of the system or its data or the security of |
7 | | materials exempt under this Section. |
8 | | (p) Records relating to collective negotiating matters |
9 | | between public bodies and their employees or |
10 | | representatives, except that any final contract or |
11 | | agreement shall be subject to inspection and copying. |
12 | | (q) Test questions, scoring keys, and other |
13 | | examination data used to determine the qualifications of |
14 | | an applicant for a license or employment. |
15 | | (r) The records, documents, and information relating |
16 | | to real estate purchase negotiations until those |
17 | | negotiations have been completed or otherwise terminated. |
18 | | With regard to a parcel involved in a pending or actually |
19 | | and reasonably contemplated eminent domain proceeding |
20 | | under the Eminent Domain Act, records, documents, and |
21 | | information relating to that parcel shall be exempt except |
22 | | as may be allowed under discovery rules adopted by the |
23 | | Illinois Supreme Court. The records, documents, and |
24 | | information relating to a real estate sale shall be exempt |
25 | | until a sale is consummated. |
26 | | (s) Any and all proprietary information and records |
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1 | | related to the operation of an intergovernmental risk |
2 | | management association or self-insurance pool or jointly |
3 | | self-administered health and accident cooperative or pool. |
4 | | Insurance or self-insurance (including any |
5 | | intergovernmental risk management association or |
6 | | self-insurance pool) claims, loss or risk management |
7 | | information, records, data, advice, or communications. |
8 | | (t) Information contained in or related to |
9 | | examination, operating, or condition reports prepared by, |
10 | | on behalf of, or for the use of a public body responsible |
11 | | for the regulation or supervision of financial |
12 | | institutions, insurance companies, or pharmacy benefit |
13 | | managers, unless disclosure is otherwise required by State |
14 | | law. |
15 | | (u) Information that would disclose or might lead to |
16 | | the disclosure of secret or confidential information, |
17 | | codes, algorithms, programs, or private keys intended to |
18 | | be used to create electronic signatures under the Uniform |
19 | | Electronic Transactions Act. |
20 | | (v) Vulnerability assessments, security measures, and |
21 | | response policies or plans that are designed to identify, |
22 | | prevent, or respond to potential attacks upon a |
23 | | community's population or systems, facilities, or |
24 | | installations, but only to the extent that disclosure |
25 | | could reasonably be expected to expose the vulnerability |
26 | | or jeopardize the effectiveness of the measures, policies, |
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1 | | or plans, or the safety of the personnel who implement |
2 | | them or the public. Information exempt under this item may |
3 | | include such things as details pertaining to the |
4 | | mobilization or deployment of personnel or equipment, to |
5 | | the operation of communication systems or protocols, to |
6 | | cybersecurity vulnerabilities, or to tactical operations. |
7 | | (w) (Blank). |
8 | | (x) Maps and other records regarding the location or |
9 | | security of generation, transmission, distribution, |
10 | | storage, gathering, treatment, or switching facilities |
11 | | owned by a utility, by a power generator, or by the |
12 | | Illinois Power Agency. |
13 | | (y) Information contained in or related to proposals, |
14 | | bids, or negotiations related to electric power |
15 | | procurement under Section 1-75 of the Illinois Power |
16 | | Agency Act and Section 16-111.5 of the Public Utilities |
17 | | Act that is determined to be confidential and proprietary |
18 | | by the Illinois Power Agency or by the Illinois Commerce |
19 | | Commission. |
20 | | (z) Information about students exempted from |
21 | | disclosure under Section 10-20.38 or 34-18.29 of the |
22 | | School Code, and information about undergraduate students |
23 | | enrolled at an institution of higher education exempted |
24 | | from disclosure under Section 25 of the Illinois Credit |
25 | | Card Marketing Act of 2009. |
26 | | (aa) Information the disclosure of which is exempted |
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1 | | under the Viatical Settlements Act of 2009. |
2 | | (bb) Records and information provided to a mortality |
3 | | review team and records maintained by a mortality review |
4 | | team appointed under the Department of Juvenile Justice |
5 | | Mortality Review Team Act. |
6 | | (cc) Information regarding interments, entombments, or |
7 | | inurnments of human remains that are submitted to the |
8 | | Cemetery Oversight Database under the Cemetery Care Act or |
9 | | the Cemetery Oversight Act, whichever is applicable. |
10 | | (dd) Correspondence and records (i) that may not be |
11 | | disclosed under Section 11-9 of the Illinois Public Aid |
12 | | Code or (ii) that pertain to appeals under Section 11-8 of |
13 | | the Illinois Public Aid Code. |
14 | | (ee) The names, addresses, or other personal |
15 | | information of persons who are minors and are also |
16 | | participants and registrants in programs of park |
17 | | districts, forest preserve districts, conservation |
18 | | districts, recreation agencies, and special recreation |
19 | | associations. |
20 | | (ff) The names, addresses, or other personal |
21 | | information of participants and registrants in programs of |
22 | | park districts, forest preserve districts, conservation |
23 | | districts, recreation agencies, and special recreation |
24 | | associations where such programs are targeted primarily to |
25 | | minors. |
26 | | (gg) Confidential information described in Section |
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1 | | 1-100 of the Illinois Independent Tax Tribunal Act of |
2 | | 2012. |
3 | | (hh) The report submitted to the State Board of |
4 | | Education by the School Security and Standards Task Force |
5 | | under item (8) of subsection (d) of Section 2-3.160 of the |
6 | | School Code and any information contained in that report. |
7 | | (ii) Records requested by persons committed to or |
8 | | detained by the Department of Human Services under the |
9 | | Sexually Violent Persons Commitment Act or committed to |
10 | | the Department of Corrections under the Sexually Dangerous |
11 | | Persons Act if those materials: (i) are available in the |
12 | | library of the facility where the individual is confined; |
13 | | (ii) include records from staff members' personnel files, |
14 | | staff rosters, or other staffing assignment information; |
15 | | or (iii) are available through an administrative request |
16 | | to the Department of Human Services or the Department of |
17 | | Corrections. |
18 | | (jj) Confidential information described in Section |
19 | | 5-535 of the Civil Administrative Code of Illinois. |
20 | | (kk) The public body's credit card numbers, debit card |
21 | | numbers, bank account numbers, Federal Employer |
22 | | Identification Number, security code numbers, passwords, |
23 | | and similar account information, the disclosure of which |
24 | | could result in identity theft or impression or defrauding |
25 | | of a governmental entity or a person. |
26 | | (ll) Records concerning the work of the threat |
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1 | | assessment team of a school district, including, but not |
2 | | limited to, any threat assessment procedure under the |
3 | | School Safety Drill Act and any information contained in |
4 | | the procedure. |
5 | | (mm) Information prohibited from being disclosed under |
6 | | subsections (a) and (b) of Section 15 of the Student |
7 | | Confidential Reporting Act. |
8 | | (nn) Proprietary information submitted to the |
9 | | Environmental Protection Agency under the Drug Take-Back |
10 | | Act. |
11 | | (oo) Records described in subsection (f) of Section |
12 | | 3-5-1 of the Unified Code of Corrections. |
13 | | (pp) Any and all information regarding burials, |
14 | | interments, or entombments of human remains as required to |
15 | | be reported to the Department of Natural Resources |
16 | | pursuant either to the Archaeological and Paleontological |
17 | | Resources Protection Act or the Human Remains Protection |
18 | | Act. |
19 | | (qq) (pp) Reports described in subsection (e) of |
20 | | Section 16-15 of the Abortion Care Clinical Training |
21 | | Program Act. |
22 | | (rr) (pp) Information obtained by a certified local |
23 | | health department under the Access to Public Health Data |
24 | | Act. |
25 | | (ss) (pp) For a request directed to a public body that |
26 | | is also a HIPAA-covered entity, all information that is |
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1 | | protected health information, including demographic |
2 | | information, that may be contained within or extracted |
3 | | from any record held by the public body in compliance with |
4 | | State and federal medical privacy laws and regulations, |
5 | | including, but not limited to, the Health Insurance |
6 | | Portability and Accountability Act and its regulations, 45 |
7 | | CFR Parts 160 and 164. As used in this paragraph, |
8 | | "HIPAA-covered entity" has the meaning given to the term |
9 | | "covered entity" in 45 CFR 160.103 and "protected health |
10 | | information" has the meaning given to that term in 45 CFR |
11 | | 160.103. |
12 | | (tt) Proposals or bids submitted by engineering |
13 | | consultants in response to requests for proposal or other |
14 | | competitive bidding requests by the Department of |
15 | | Transportation or the Illinois Toll Highway Authority. |
16 | | (1.5) Any information exempt from disclosure under the |
17 | | Judicial Privacy Act shall be redacted from public records |
18 | | prior to disclosure under this Act. |
19 | | (2) A public record that is not in the possession of a |
20 | | public body but is in the possession of a party with whom the |
21 | | agency has contracted to perform a governmental function on |
22 | | behalf of the public body, and that directly relates to the |
23 | | governmental function and is not otherwise exempt under this |
24 | | Act, shall be considered a public record of the public body, |
25 | | for purposes of this Act. |
26 | | (3) This Section does not authorize withholding of |
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1 | | information or limit the availability of records to the |
2 | | public, except as stated in this Section or otherwise provided |
3 | | in this Act. |
4 | | (Source: P.A. 102-38, eff. 6-25-21; 102-558, eff. 8-20-21; |
5 | | 102-694, eff. 1-7-22; 102-752, eff. 5-6-22; 102-753, eff. |
6 | | 1-1-23; 102-776, eff. 1-1-23; 102-791, eff. 5-13-22; 102-982, |
7 | | eff. 7-1-23; 102-1055, eff. 6-10-22; 103-154, eff. 6-30-23; |
8 | | 103-423, eff. 1-1-24; 103-446, eff. 8-4-23; 103-462, eff. |
9 | | 8-4-23; 103-540, eff. 1-1-24; 103-554, eff. 1-1-24; revised |
10 | | 9-7-23.)
|
11 | | Section 10-10. The Illinois Procurement Code is amended by |
12 | | changing Section 50-39 as follows:
|
13 | | (30 ILCS 500/50-39) |
14 | | Sec. 50-39. Procurement communications reporting |
15 | | requirement. |
16 | | (a) Any written or oral communication received by a State |
17 | | employee who, by the nature of his or her duties, has the |
18 | | authority to participate personally and substantially in the |
19 | | decision to award a State contract and that imparts or |
20 | | requests material information or makes a material argument |
21 | | regarding potential action concerning an active procurement |
22 | | matter, including, but not limited to, an application, a |
23 | | contract, or a project, shall be reported to the Procurement |
24 | | Policy Board, and, with respect to the Illinois Power Agency, |
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1 | | by the initiator of the communication, and may be reported |
2 | | also by the recipient. |
3 | | Any person communicating orally, in writing, |
4 | | electronically, or otherwise with the Director or any person |
5 | | employed by, or associated with, the Illinois Power Agency to |
6 | | impart, solicit, or transfer any information related to the |
7 | | content of any power procurement plan, the manner of |
8 | | conducting any power procurement process, the procurement of |
9 | | any power supply, or the method or structure of contracting |
10 | | with power suppliers must disclose to the Procurement Policy |
11 | | Board the full nature, content, and extent of any such |
12 | | communication in writing by submitting a report with the |
13 | | following information: |
14 | | (1) The names of any party to the communication. |
15 | | (2) The date on which the communication occurred. |
16 | | (3) The time at which the communication occurred. |
17 | | (4) The duration of the communication. |
18 | | (5) The method (written, oral, etc.) of the |
19 | | communication. |
20 | | (6) A summary of the substantive content of the |
21 | | communication. |
22 | | These communications do not include the following: (i) |
23 | | statements by a person publicly made in a public forum; (ii) |
24 | | statements regarding matters of procedure and practice, such |
25 | | as format, the number of copies required, the manner of |
26 | | filing, and the status of a matter; (iii) statements made by a |
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1 | | State employee of the agency to the agency head or other |
2 | | employees of that agency, to the employees of the Executive |
3 | | Ethics Commission, or to an employee of another State agency |
4 | | who, through the communication, is either (a) exercising his |
5 | | or her experience or expertise in the subject matter of the |
6 | | particular procurement in the normal course of business, for |
7 | | official purposes, and at the initiation of the purchasing |
8 | | agency or the appropriate State purchasing officer, or (b) |
9 | | exercising oversight, supervisory, or management authority |
10 | | over the procurement in the normal course of business and as |
11 | | part of official responsibilities; (iv) unsolicited |
12 | | communications providing general information about a firm's |
13 | | products or , services , or industry best practices provided |
14 | | before those products or services are not directly related to |
15 | | an open procurement matter become involved in a procurement |
16 | | matter ; (v) communications received in response to procurement |
17 | | solicitations, including, but not limited to, vendor responses |
18 | | to a request for information, request for proposal, request |
19 | | for qualifications, invitation for bid, or a small purchase, |
20 | | sole source, or emergency solicitation, or questions and |
21 | | answers posted to the Illinois Procurement Bulletin to |
22 | | supplement the procurement action, provided that the |
23 | | communications are made in accordance with the instructions |
24 | | contained in the procurement solicitation, procedures, or |
25 | | guidelines; (vi) communications that are privileged, |
26 | | protected, or confidential under law; and (vii) communications |
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1 | | that are part of a formal procurement process as set out by |
2 | | statute, rule, or the solicitation, guidelines, or procedures, |
3 | | including, but not limited to, the posting of procurement |
4 | | opportunities, the process for approving a procurement |
5 | | business case or its equivalent, fiscal approval, submission |
6 | | of bids, the finalizing of contract terms and conditions with |
7 | | an awardee or apparent awardee, and similar formal procurement |
8 | | processes ; and (viii) communications about proposal |
9 | | deficiencies as provided under Section 35 of the |
10 | | Architectural, Engineering, and Land Surveying Qualifications |
11 | | Based Selection Act . The provisions of this Section shall not |
12 | | apply to communications regarding the administration and |
13 | | implementation of an existing contract, except communications |
14 | | regarding change orders or the renewal or extension of a |
15 | | contract. |
16 | | The reporting requirement does not apply to any |
17 | | communication asking for clarification regarding a contract |
18 | | solicitation so long as there is no competitive advantage to |
19 | | the person or business and the question and answer, if |
20 | | material, are posted to the Illinois Procurement Bulletin as |
21 | | an addendum to the contract solicitation. |
22 | | (b) The report required by subsection (a) shall be |
23 | | submitted monthly and include at least the following: (i) the |
24 | | date and time of each communication; (ii) the identity of each |
25 | | person from whom the written or oral communication was |
26 | | received, the individual or entity represented by that person, |
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1 | | and any action the person requested or recommended; (iii) the |
2 | | identity and job title of the person to whom each |
3 | | communication was made; (iv) if a response is made, the |
4 | | identity and job title of the person making each response; (v) |
5 | | a detailed summary of the points made by each person involved |
6 | | in the communication; (vi) the duration of the communication; |
7 | | (vii) the location or locations of all persons involved in the |
8 | | communication and, if the communication occurred by telephone, |
9 | | the telephone numbers for the callers and recipients of the |
10 | | communication; and (viii) any other pertinent information. No |
11 | | trade secrets or other proprietary or confidential information |
12 | | shall be included in any communication reported to the |
13 | | Procurement Policy Board. |
14 | | (c) Additionally, when an oral communication made by a |
15 | | person required to register under the Lobbyist Registration |
16 | | Act is received by a State employee that is covered under this |
17 | | Section, all individuals who initiate or participate in the |
18 | | oral communication shall submit a written report to that State |
19 | | employee that memorializes the communication and includes, but |
20 | | is not limited to, the items listed in subsection (b). |
21 | | (d) The Procurement Policy Board shall make each report |
22 | | submitted pursuant to this Section available on its website |
23 | | within 7 calendar days after its receipt of the report. The |
24 | | Procurement Policy Board may promulgate rules to ensure |
25 | | compliance with this Section. |
26 | | (e) The reporting requirements shall also be conveyed |
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1 | | through ethics training under the State Officials and |
2 | | Employees Ethics Act. An employee who knowingly and |
3 | | intentionally violates this Section shall be subject to |
4 | | suspension or discharge. The Executive Ethics Commission shall |
5 | | promulgate rules, including emergency rules, to implement this |
6 | | Section. |
7 | | (f) This Section becomes operative on January 1, 2011. |
8 | | (g) For purposes of this Section: |
9 | | "Active procurement matter" means a procurement process |
10 | | beginning with requisition or determination of need by an |
11 | | agency and continuing through the publication of an award |
12 | | notice or other completion of a final procurement action, the |
13 | | resolution of any protests, and the expiration of any protest |
14 | | or Procurement Policy Board review period, if applicable. |
15 | | "Active procurement matter" also includes communications |
16 | | relating to change orders, renewals, or extensions. |
17 | | "Material information" means information that a reasonable |
18 | | person would deem important in determining his or her course |
19 | | of action and pertains to significant issues, including, but |
20 | | not limited to, price, quantity, and terms of payment or |
21 | | performance. |
22 | | "Material argument" means a communication that a |
23 | | reasonable person would believe was made for the purpose of |
24 | | influencing a decision relating to a procurement matter. |
25 | | "Material argument" does not include general information about |
26 | | products, services, or industry best practices or a response |
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1 | | to a communication initiated by an employee of the State for |
2 | | the purposes of providing information to evaluate new |
3 | | products, trends, services, or technologies. |
4 | | (Source: P.A. 100-43, eff. 8-9-17.)
|
5 | | Section 10-15. The Architectural, Engineering, and Land |
6 | | Surveying Qualifications Based Selection Act is amended by |
7 | | changing Section 35 as follows:
|
8 | | (30 ILCS 535/35) (from Ch. 127, par. 4151-35) |
9 | | Sec. 35. Selection procedure. On the basis of evaluations, |
10 | | discussions, and any presentations, the State agency shall |
11 | | select no less than 3 firms it determines to be qualified to |
12 | | provide services for the project and rank them in order of |
13 | | qualifications to provide services regarding the specific |
14 | | project. The State agency shall then contact the firm ranked |
15 | | most preferred to negotiate a contract at a fair and |
16 | | reasonable compensation. If fewer than 3 firms submit letters |
17 | | of interest and the State agency determines that one or both of |
18 | | those firms are so qualified, the State agency may proceed to |
19 | | negotiate a contract under Section 40. The decision of the |
20 | | State agency shall be final and binding. |
21 | | As part of the State agency's commitment to fostering |
22 | | greater diversity in contracting, the State agency may |
23 | | communicate with firms who were not selected in order to |
24 | | provide further information about the firm's proposal |
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1 | | deficiencies. |
2 | | (Source: P.A. 87-673.)
|
3 | | ARTICLE 15.
|
4 | | Section 15-5. The Governmental Joint Purchasing Act is |
5 | | amended by changing Section 2 as follows:
|
6 | | (30 ILCS 525/2) (from Ch. 85, par. 1602) |
7 | | Sec. 2. Joint purchasing authority. |
8 | | (a) Any governmental unit, except a governmental unit |
9 | | subject to the jurisdiction of a chief procurement officer |
10 | | established in Section 10-20 of the Illinois Procurement Code, |
11 | | may purchase personal property, supplies and services jointly |
12 | | with one or more other governmental units. All such joint |
13 | | purchases shall be by competitive solicitation as provided in |
14 | | Section 4, except as otherwise provided in this Act. The |
15 | | provisions of any other acts under which a governmental unit |
16 | | operates which refer to purchases and procedures in connection |
17 | | therewith shall be superseded by the provisions of this Act |
18 | | when the governmental units are exercising the joint powers |
19 | | created by this Act. |
20 | | (a-5) For purchases made by a governmental unit subject to |
21 | | the jurisdiction of a chief procurement officer established in |
22 | | Section 10-20 of the Illinois Procurement Code, the applicable |
23 | | chief procurement officer established in Section 10-20 of the |
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1 | | Illinois Procurement Code may authorize the purchase of |
2 | | supplies and services jointly with a governmental unit of this |
3 | | State, governmental entity of another state, or with a |
4 | | consortium of governmental entities of one or more other |
5 | | states, except as otherwise provided in this Act. Subject to |
6 | | provisions of the joint purchasing solicitation, the |
7 | | appropriate chief procurement officer may designate the |
8 | | resulting contract as available to governmental units in |
9 | | Illinois. |
10 | | (a-10) Each chief procurement officer appointed pursuant |
11 | | to Section 10-20 of the Illinois Procurement Code, with joint |
12 | | agreement of the respective agency or institution, may |
13 | | authorize the purchase or lease of supplies and services which |
14 | | have been procured through a competitive process by a federal |
15 | | agency; a consortium of governmental, educational, medical, |
16 | | research, or similar entities; or a group purchasing |
17 | | organization of which the chief procurement officer or State |
18 | | agency is a member or affiliate, including, without |
19 | | limitation, any purchasing entity operating under the federal |
20 | | General Services Administration, the Higher Education |
21 | | Cooperation Act, and the Midwestern Higher Education Compact |
22 | | Act. Each applicable chief procurement officer may authorize |
23 | | purchases and contracts which have been procured through other |
24 | | methods of procurement if each chief procurement officer |
25 | | determines it is in the best interests of the State, |
26 | | considering a recommendation by their respective agencies or |
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1 | | institutions. The chief procurement officer may establish |
2 | | detailed rules, policies, and procedures for use of these |
3 | | cooperative contracts. Notice of award shall be published by |
4 | | the chief procurement officer in the Illinois Procurement |
5 | | Bulletin at least prior to use of the contract. Each chief |
6 | | procurement officer shall submit to the General Assembly by |
7 | | November 1 of each year a report of procurements made under |
8 | | this subsection (a-10). |
9 | | (a-15) Each chief procurement officer appointed pursuant |
10 | | to Section 10-20 of the Illinois Procurement Code may |
11 | | authorize any governmental unit of this State to purchase or |
12 | | lease supplies under a contract which has been procured under |
13 | | the jurisdiction of the Illinois Procurement Code by a |
14 | | governmental unit subject to the jurisdiction of the chief |
15 | | procurement officer. Prior to making the contract available to |
16 | | the governmental unit of this State, the chief procurement |
17 | | officer shall consult with the governmental unit that is party |
18 | | to the contract and is subject to the jurisdiction of the chief |
19 | | procurement officer. A governmental unit of this State that |
20 | | uses a contract pursuant to this subsection shall report each |
21 | | year to the authorizing chief procurement officer the |
22 | | contractor used, supplies purchased, and total value of |
23 | | purchases for each contract. The authorizing chief procurement |
24 | | officer shall submit to the General Assembly by November 1 of |
25 | | each year a report of procurements made under this subsection |
26 | | (a-15). |
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1 | | (b) Any not-for-profit agency that qualifies under Section |
2 | | 45-35 of the Illinois Procurement Code and that either (1) |
3 | | acts pursuant to a board established by or controlled by a unit |
4 | | of local government or (2) receives grant funds from the State |
5 | | or from a unit of local government, shall be eligible to |
6 | | participate in contracts established by the State. |
7 | | (c) For governmental units subject to the jurisdiction of |
8 | | a chief procurement officer established in Section 10-20 of |
9 | | the Illinois Procurement Code, if any contract or amendment to |
10 | | a contract is entered into or purchase or expenditure of funds |
11 | | is made at any time in violation of this Act or any other law, |
12 | | the contract or amendment may be declared void by the chief |
13 | | procurement officer or may be ratified and affirmed, if the |
14 | | chief procurement officer determines that ratification is in |
15 | | the best interests of the governmental unit. If the contract |
16 | | or amendment is ratified and affirmed, it shall be without |
17 | | prejudice to the governmental unit's rights to any appropriate |
18 | | damages. |
19 | | (d) This Section does not apply to construction-related |
20 | | professional services contracts awarded in accordance with the |
21 | | provisions of the Architectural, Engineering, and Land |
22 | | Surveying Qualifications Based Selection Act. |
23 | | (Source: P.A. 100-43, eff. 8-9-17.)
|
24 | | ARTICLE 20.
|
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1 | | Section 20-5. The Illinois Procurement Code is amended by |
2 | | changing Section 40-15 as follows:
|
3 | | (30 ILCS 500/40-15) |
4 | | Sec. 40-15. Method of source selection. |
5 | | (a) Request for information. Except as provided in |
6 | | subsections (b) and (c), all State contracts for leases of |
7 | | real property or capital improvements shall be awarded by a |
8 | | request for information process in accordance with Section |
9 | | 40-20. |
10 | | (b) Other methods. A request for information process need |
11 | | not be used in procuring any of the following leases: |
12 | | (1) Property of less than 10,000 square feet with base |
13 | | rent of less than $200,000 $100,000 per year. |
14 | | (2) (Blank). |
15 | | (3) Duration of less than one year that cannot be |
16 | | renewed. |
17 | | (4) Specialized space available at only one location. |
18 | | (5) Renewal or extension of a lease; provided that: |
19 | | (i) the chief procurement officer determines in writing |
20 | | that the renewal or extension is in the best interest of |
21 | | the State; (ii) the chief procurement officer submits his |
22 | | or her written determination and the renewal or extension |
23 | | to the Board; (iii) the Board does not object in writing to |
24 | | the renewal or extension within 30 calendar days after its |
25 | | submission; and (iv) the chief procurement officer |
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1 | | publishes the renewal or extension in the appropriate |
2 | | volume of the Procurement Bulletin. |
3 | | (c) Leases with governmental units. Leases with other |
4 | | governmental units may be negotiated without using the request |
5 | | for information process when deemed by the chief procurement |
6 | | officer to be in the best interest of the State. |
7 | | (Source: P.A. 98-1076, eff. 1-1-15 .)
|
8 | | ARTICLE 25.
|
9 | | Section 25-10. The Illinois Procurement Code is amended by |
10 | | changing Section 1-10 as follows:
|
11 | | (30 ILCS 500/1-10) |
12 | | Sec. 1-10. Application. |
13 | | (a) This Code applies only to procurements for which |
14 | | bidders, offerors, potential contractors, or contractors were |
15 | | first solicited on or after July 1, 1998. This Code shall not |
16 | | be construed to affect or impair any contract, or any |
17 | | provision of a contract, entered into based on a solicitation |
18 | | prior to the implementation date of this Code as described in |
19 | | Article 99, including, but not limited to, any covenant |
20 | | entered into with respect to any revenue bonds or similar |
21 | | instruments. All procurements for which contracts are |
22 | | solicited between the effective date of Articles 50 and 99 and |
23 | | July 1, 1998 shall be substantially in accordance with this |
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1 | | Code and its intent. |
2 | | (b) This Code shall apply regardless of the source of the |
3 | | funds with which the contracts are paid, including federal |
4 | | assistance moneys. This Code shall not apply to: |
5 | | (1) Contracts between the State and its political |
6 | | subdivisions or other governments, or between State |
7 | | governmental bodies, except as specifically provided in |
8 | | this Code. |
9 | | (2) Grants, except for the filing requirements of |
10 | | Section 20-80. |
11 | | (3) Purchase of care, except as provided in Section |
12 | | 5-30.6 of the Illinois Public Aid Code and this Section. |
13 | | (4) Hiring of an individual as an employee and not as |
14 | | an independent contractor, whether pursuant to an |
15 | | employment code or policy or by contract directly with |
16 | | that individual. |
17 | | (5) Collective bargaining contracts. |
18 | | (6) Purchase of real estate, except that notice of |
19 | | this type of contract with a value of more than $25,000 |
20 | | must be published in the Procurement Bulletin within 10 |
21 | | calendar days after the deed is recorded in the county of |
22 | | jurisdiction. The notice shall identify the real estate |
23 | | purchased, the names of all parties to the contract, the |
24 | | value of the contract, and the effective date of the |
25 | | contract. |
26 | | (7) Contracts necessary to prepare for anticipated |
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1 | | litigation, enforcement actions, or investigations, |
2 | | provided that the chief legal counsel to the Governor |
3 | | shall give his or her prior approval when the procuring |
4 | | agency is one subject to the jurisdiction of the Governor, |
5 | | and provided that the chief legal counsel of any other |
6 | | procuring entity subject to this Code shall give his or |
7 | | her prior approval when the procuring entity is not one |
8 | | subject to the jurisdiction of the Governor. |
9 | | (8) (Blank). |
10 | | (9) Procurement expenditures by the Illinois |
11 | | Conservation Foundation when only private funds are used. |
12 | | (10) (Blank). |
13 | | (11) Public-private agreements entered into according |
14 | | to the procurement requirements of Section 20 of the |
15 | | Public-Private Partnerships for Transportation Act and |
16 | | design-build agreements entered into according to the |
17 | | procurement requirements of Section 25 of the |
18 | | Public-Private Partnerships for Transportation Act. |
19 | | (12) (A) Contracts for legal, financial, and other |
20 | | professional and artistic services entered into by the |
21 | | Illinois Finance Authority in which the State of Illinois |
22 | | is not obligated. Such contracts shall be awarded through |
23 | | a competitive process authorized by the members of the |
24 | | Illinois Finance Authority and are subject to Sections |
25 | | 5-30, 20-160, 50-13, 50-20, 50-35, and 50-37 of this Code, |
26 | | as well as the final approval by the members of the |
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1 | | Illinois Finance Authority of the terms of the contract. |
2 | | (B) Contracts for legal and financial services entered |
3 | | into by the Illinois Housing Development Authority in |
4 | | connection with the issuance of bonds in which the State |
5 | | of Illinois is not obligated. Such contracts shall be |
6 | | awarded through a competitive process authorized by the |
7 | | members of the Illinois Housing Development Authority and |
8 | | are subject to Sections 5-30, 20-160, 50-13, 50-20, 50-35, |
9 | | and 50-37 of this Code, as well as the final approval by |
10 | | the members of the Illinois Housing Development Authority |
11 | | of the terms of the contract. |
12 | | (13) Contracts for services, commodities, and |
13 | | equipment to support the delivery of timely forensic |
14 | | science services in consultation with and subject to the |
15 | | approval of the Chief Procurement Officer as provided in |
16 | | subsection (d) of Section 5-4-3a of the Unified Code of |
17 | | Corrections, except for the requirements of Sections |
18 | | 20-60, 20-65, 20-70, and 20-160 and Article 50 of this |
19 | | Code; however, the Chief Procurement Officer may, in |
20 | | writing with justification, waive any certification |
21 | | required under Article 50 of this Code. For any contracts |
22 | | for services which are currently provided by members of a |
23 | | collective bargaining agreement, the applicable terms of |
24 | | the collective bargaining agreement concerning |
25 | | subcontracting shall be followed. |
26 | | On and after January 1, 2019, this paragraph (13), |
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1 | | except for this sentence, is inoperative. |
2 | | (14) Contracts for participation expenditures required |
3 | | by a domestic or international trade show or exhibition of |
4 | | an exhibitor, member, or sponsor. |
5 | | (15) Contracts with a railroad or utility that |
6 | | requires the State to reimburse the railroad or utilities |
7 | | for the relocation of utilities for construction or other |
8 | | public purpose. Contracts included within this paragraph |
9 | | (15) shall include, but not be limited to, those |
10 | | associated with: relocations, crossings, installations, |
11 | | and maintenance. For the purposes of this paragraph (15), |
12 | | "railroad" means any form of non-highway ground |
13 | | transportation that runs on rails or electromagnetic |
14 | | guideways and "utility" means: (1) public utilities as |
15 | | defined in Section 3-105 of the Public Utilities Act, (2) |
16 | | telecommunications carriers as defined in Section 13-202 |
17 | | of the Public Utilities Act, (3) electric cooperatives as |
18 | | defined in Section 3.4 of the Electric Supplier Act, (4) |
19 | | telephone or telecommunications cooperatives as defined in |
20 | | Section 13-212 of the Public Utilities Act, (5) rural |
21 | | water or waste water systems with 10,000 connections or |
22 | | less, (6) a holder as defined in Section 21-201 of the |
23 | | Public Utilities Act, and (7) municipalities owning or |
24 | | operating utility systems consisting of public utilities |
25 | | as that term is defined in Section 11-117-2 of the |
26 | | Illinois Municipal Code. |
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1 | | (16) Procurement expenditures necessary for the |
2 | | Department of Public Health to provide the delivery of |
3 | | timely newborn screening services in accordance with the |
4 | | Newborn Metabolic Screening Act. |
5 | | (17) Procurement expenditures necessary for the |
6 | | Department of Agriculture, the Department of Financial and |
7 | | Professional Regulation, the Department of Human Services, |
8 | | and the Department of Public Health to implement the |
9 | | Compassionate Use of Medical Cannabis Program and Opioid |
10 | | Alternative Pilot Program requirements and ensure access |
11 | | to medical cannabis for patients with debilitating medical |
12 | | conditions in accordance with the Compassionate Use of |
13 | | Medical Cannabis Program Act. |
14 | | (18) This Code does not apply to any procurements |
15 | | necessary for the Department of Agriculture, the |
16 | | Department of Financial and Professional Regulation, the |
17 | | Department of Human Services, the Department of Commerce |
18 | | and Economic Opportunity, and the Department of Public |
19 | | Health to implement the Cannabis Regulation and Tax Act if |
20 | | the applicable agency has made a good faith determination |
21 | | that it is necessary and appropriate for the expenditure |
22 | | to fall within this exemption and if the process is |
23 | | conducted in a manner substantially in accordance with the |
24 | | requirements of Sections 20-160, 25-60, 30-22, 50-5, |
25 | | 50-10, 50-10.5, 50-12, 50-13, 50-15, 50-20, 50-21, 50-35, |
26 | | 50-36, 50-37, 50-38, and 50-50 of this Code; however, for |
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1 | | Section 50-35, compliance applies only to contracts or |
2 | | subcontracts over $100,000. Notice of each contract |
3 | | entered into under this paragraph (18) that is related to |
4 | | the procurement of goods and services identified in |
5 | | paragraph (1) through (9) of this subsection shall be |
6 | | published in the Procurement Bulletin within 14 calendar |
7 | | days after contract execution. The Chief Procurement |
8 | | Officer shall prescribe the form and content of the |
9 | | notice. Each agency shall provide the Chief Procurement |
10 | | Officer, on a monthly basis, in the form and content |
11 | | prescribed by the Chief Procurement Officer, a report of |
12 | | contracts that are related to the procurement of goods and |
13 | | services identified in this subsection. At a minimum, this |
14 | | report shall include the name of the contractor, a |
15 | | description of the supply or service provided, the total |
16 | | amount of the contract, the term of the contract, and the |
17 | | exception to this Code utilized. A copy of any or all of |
18 | | these contracts shall be made available to the Chief |
19 | | Procurement Officer immediately upon request. The Chief |
20 | | Procurement Officer shall submit a report to the Governor |
21 | | and General Assembly no later than November 1 of each year |
22 | | that includes, at a minimum, an annual summary of the |
23 | | monthly information reported to the Chief Procurement |
24 | | Officer. This exemption becomes inoperative 5 years after |
25 | | June 25, 2019 (the effective date of Public Act 101-27). |
26 | | (19) Acquisition of modifications or adjustments, |
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1 | | limited to assistive technology devices and assistive |
2 | | technology services, adaptive equipment, repairs, and |
3 | | replacement parts to provide reasonable accommodations (i) |
4 | | that enable a qualified applicant with a disability to |
5 | | complete the job application process and be considered for |
6 | | the position such qualified applicant desires, (ii) that |
7 | | modify or adjust the work environment to enable a |
8 | | qualified current employee with a disability to perform |
9 | | the essential functions of the position held by that |
10 | | employee, (iii) to enable a qualified current employee |
11 | | with a disability to enjoy equal benefits and privileges |
12 | | of employment as are enjoyed by other similarly situated |
13 | | employees without disabilities, and (iv) that allow a |
14 | | customer, client, claimant, or member of the public |
15 | | seeking State services full use and enjoyment of and |
16 | | access to its programs, services, or benefits. |
17 | | For purposes of this paragraph (19): |
18 | | "Assistive technology devices" means any item, piece |
19 | | of equipment, or product system, whether acquired |
20 | | commercially off the shelf, modified, or customized, that |
21 | | is used to increase, maintain, or improve functional |
22 | | capabilities of individuals with disabilities. |
23 | | "Assistive technology services" means any service that |
24 | | directly assists an individual with a disability in |
25 | | selection, acquisition, or use of an assistive technology |
26 | | device. |
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1 | | "Qualified" has the same meaning and use as provided |
2 | | under the federal Americans with Disabilities Act when |
3 | | describing an individual with a disability. |
4 | | (20) Procurement expenditures necessary for the |
5 | | Illinois Commerce Commission to hire third-party |
6 | | facilitators pursuant to Sections 16-105.17 and 16-108.18 |
7 | | of the Public Utilities Act or an ombudsman pursuant to |
8 | | Section 16-107.5 of the Public Utilities Act, a |
9 | | facilitator pursuant to Section 16-105.17 of the Public |
10 | | Utilities Act, or a grid auditor pursuant to Section |
11 | | 16-105.10 of the Public Utilities Act. |
12 | | (21) Procurement expenditures for the purchase, |
13 | | renewal, and expansion of software, software licenses, or |
14 | | software maintenance agreements that support the efforts |
15 | | of the Illinois State Police to enforce, regulate, and |
16 | | administer the Firearm Owners Identification Card Act, the |
17 | | Firearm Concealed Carry Act, the Firearms Restraining |
18 | | Order Act, the Firearm Dealer License Certification Act, |
19 | | the Law Enforcement Agencies Data System (LEADS), the |
20 | | Uniform Crime Reporting Act, the Criminal Identification |
21 | | Act, the Illinois Uniform Conviction Information Act, and |
22 | | the Gun Trafficking Information Act, or establish or |
23 | | maintain record management systems necessary to conduct |
24 | | human trafficking investigations or gun trafficking or |
25 | | other stolen firearm investigations. This paragraph (21) |
26 | | applies to contracts entered into on or after January 10, |
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1 | | 2023 (the effective date of Public Act 102-1116) and the |
2 | | renewal of contracts that are in effect on January 10, |
3 | | 2023 (the effective date of Public Act 102-1116). |
4 | | (22) Contracts for project management services and |
5 | | system integration services required for the completion of |
6 | | the State's enterprise resource planning project. This |
7 | | exemption becomes inoperative 5 years after June 7, 2023 |
8 | | (the effective date of the changes made to this Section by |
9 | | Public Act 103-8). This paragraph (22) applies to |
10 | | contracts entered into on or after June 7, 2023 (the |
11 | | effective date of the changes made to this Section by |
12 | | Public Act 103-8) and the renewal of contracts that are in |
13 | | effect on June 7, 2023 (the effective date of the changes |
14 | | made to this Section by Public Act 103-8). |
15 | | (23) Procurements necessary for the Department of |
16 | | Insurance to implement the Illinois Health Benefits |
17 | | Exchange Law if the Department of Insurance has made a |
18 | | good faith determination that it is necessary and |
19 | | appropriate for the expenditure to fall within this |
20 | | exemption. The procurement process shall be conducted in a |
21 | | manner substantially in accordance with the requirements |
22 | | of Sections 20-160 and 25-60 and Article 50 of this Code. A |
23 | | copy of these contracts shall be made available to the |
24 | | Chief Procurement Officer immediately upon request. This |
25 | | paragraph is inoperative 5 years after June 27, 2023 (the |
26 | | effective date of Public Act 103-103). |
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1 | | (24) (22) Contracts for public education programming, |
2 | | noncommercial sustaining announcements, public service |
3 | | announcements, and public awareness and education |
4 | | messaging with the nonprofit trade associations of the |
5 | | providers of those services that inform the public on |
6 | | immediate and ongoing health and safety risks and hazards. |
7 | | (25) Procurements that are necessary for increasing |
8 | | the recruitment and retention of State employees, |
9 | | particularly minority candidates for employment, |
10 | | including: |
11 | | (A) procurements related to registration fees for |
12 | | job fairs and other outreach and recruitment events; |
13 | | (B) production of recruitment materials; and |
14 | | (C) other services related to recruitment and |
15 | | retention of State employees. |
16 | | The exemption under this paragraph (25) applies only |
17 | | if the State agency has made a good faith determination |
18 | | that it is necessary and appropriate for the expenditure |
19 | | to fall within this paragraph (25). The procurement |
20 | | process under this paragraph (25) shall be conducted in a |
21 | | manner substantially in accordance with the requirements |
22 | | of Sections 20-160 and 25-60 and Article 50 of this Code. A |
23 | | copy of these contracts shall be made available to the |
24 | | Chief Procurement Officer immediately upon request. |
25 | | Nothing in this paragraph (25) authorizes the replacement |
26 | | or diminishment of State responsibilities in hiring or the |
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1 | | positions that effectuate that hiring. This paragraph (25) |
2 | | is inoperative on and after June 30, 2029. |
3 | | Notwithstanding any other provision of law, for contracts |
4 | | with an annual value of more than $100,000 entered into on or |
5 | | after October 1, 2017 under an exemption provided in any |
6 | | paragraph of this subsection (b), except paragraph (1), (2), |
7 | | or (5), each State agency shall post to the appropriate |
8 | | procurement bulletin the name of the contractor, a description |
9 | | of the supply or service provided, the total amount of the |
10 | | contract, the term of the contract, and the exception to the |
11 | | Code utilized. The chief procurement officer shall submit a |
12 | | report to the Governor and General Assembly no later than |
13 | | November 1 of each year that shall include, at a minimum, an |
14 | | annual summary of the monthly information reported to the |
15 | | chief procurement officer. |
16 | | (c) This Code does not apply to the electric power |
17 | | procurement process provided for under Section 1-75 of the |
18 | | Illinois Power Agency Act and Section 16-111.5 of the Public |
19 | | Utilities Act. This Code does not apply to the procurement of |
20 | | technical and policy experts pursuant to Section 1-129 of the |
21 | | Illinois Power Agency Act. |
22 | | (d) Except for Section 20-160 and Article 50 of this Code, |
23 | | and as expressly required by Section 9.1 of the Illinois |
24 | | Lottery Law, the provisions of this Code do not apply to the |
25 | | procurement process provided for under Section 9.1 of the |
26 | | Illinois Lottery Law. |
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1 | | (e) This Code does not apply to the process used by the |
2 | | Capital Development Board to retain a person or entity to |
3 | | assist the Capital Development Board with its duties related |
4 | | to the determination of costs of a clean coal SNG brownfield |
5 | | facility, as defined by Section 1-10 of the Illinois Power |
6 | | Agency Act, as required in subsection (h-3) of Section 9-220 |
7 | | of the Public Utilities Act, including calculating the range |
8 | | of capital costs, the range of operating and maintenance |
9 | | costs, or the sequestration costs or monitoring the |
10 | | construction of clean coal SNG brownfield facility for the |
11 | | full duration of construction. |
12 | | (f) (Blank). |
13 | | (g) (Blank). |
14 | | (h) This Code does not apply to the process to procure or |
15 | | contracts entered into in accordance with Sections 11-5.2 and |
16 | | 11-5.3 of the Illinois Public Aid Code. |
17 | | (i) Each chief procurement officer may access records |
18 | | necessary to review whether a contract, purchase, or other |
19 | | expenditure is or is not subject to the provisions of this |
20 | | Code, unless such records would be subject to attorney-client |
21 | | privilege. |
22 | | (j) This Code does not apply to the process used by the |
23 | | Capital Development Board to retain an artist or work or works |
24 | | of art as required in Section 14 of the Capital Development |
25 | | Board Act. |
26 | | (k) This Code does not apply to the process to procure |
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1 | | contracts, or contracts entered into, by the State Board of |
2 | | Elections or the State Electoral Board for hearing officers |
3 | | appointed pursuant to the Election Code. |
4 | | (l) This Code does not apply to the processes used by the |
5 | | Illinois Student Assistance Commission to procure supplies and |
6 | | services paid for from the private funds of the Illinois |
7 | | Prepaid Tuition Fund. As used in this subsection (l), "private |
8 | | funds" means funds derived from deposits paid into the |
9 | | Illinois Prepaid Tuition Trust Fund and the earnings thereon. |
10 | | (m) This Code shall apply regardless of the source of |
11 | | funds with which contracts are paid, including federal |
12 | | assistance moneys. Except as specifically provided in this |
13 | | Code, this Code shall not apply to procurement expenditures |
14 | | necessary for the Department of Public Health to conduct the |
15 | | Healthy Illinois Survey in accordance with Section 2310-431 of |
16 | | the Department of Public Health Powers and Duties Law of the |
17 | | Civil Administrative Code of Illinois. |
18 | | (Source: P.A. 102-175, eff. 7-29-21; 102-483, eff 1-1-22; |
19 | | 102-558, eff. 8-20-21; 102-600, eff. 8-27-21; 102-662, eff. |
20 | | 9-15-21; 102-721, eff. 1-1-23; 102-813, eff. 5-13-22; |
21 | | 102-1116, eff. 1-10-23; 103-8, eff. 6-7-23; 103-103, eff. |
22 | | 6-27-23; 103-570, eff. 1-1-24; 103-580, eff. 12-8-23; revised |
23 | | 1-2-24.)
|
24 | | ARTICLE 30.
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1 | | Section 30-5. The Reimagining Hotel Florence Act is |
2 | | amended by changing Sections 45-5, 45-10, 45-15, 45-20, 45-25, |
3 | | and 45-30 as follows:
|
4 | | (20 ILCS 3407/45-5) |
5 | | Sec. 45-5. Legislative intent. Originally built in 1881, |
6 | | the Hotel Florence is located within the Pullman Historic |
7 | | District and was placed on the National Register of Historic |
8 | | Places in 1969 and was designated a National Historic Landmark |
9 | | on December 30, 1970. To save it from demolition the Historic |
10 | | Pullman Foundation purchased the hotel in 1975 and maintained |
11 | | ownership until 1991 when the State of Illinois took title of |
12 | | the building. The Hotel Florence is continually closed for |
13 | | renovations and is a semi-closed public space. |
14 | | The hotel sits within next to the Pullman National |
15 | | Historic Landmark District, which was designated as a National |
16 | | Monument in 2015 and recently redesignated as Illinois' |
17 | | Illinois's first National Park on December 29, 2022 and is |
18 | | operated by the U.S. National Park Service. This redesignation |
19 | | allows for the National Park Service to enter into cooperative |
20 | | agreements with outside parties for interpretive and |
21 | | educational programs at nonfederal historic properties within |
22 | | the boundaries of the park and to provide assistance for the |
23 | | preservation of nonfederal land within the boundaries of the |
24 | | historical park and at sites in close proximity to it, which |
25 | | includes may include the Pullman State Historic Site ( Hotel |
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1 | | Florence , Hotel Florence Annex, Factory Grounds, Rear Erecting |
2 | | Shops, Front Erecting Shop North Factory Wing, Front Erecting |
3 | | Shop South Factory Wing Ruin, and the Historic 1911 "Advance" |
4 | | Railroad Passenger Car) . |
5 | | The General Assembly has allocated $21,000,000 in capital |
6 | | infrastructure funds to aid in the restoration and capital |
7 | | improvements at the Pullman State Historic Site, including, |
8 | | but not limited to, renovation redevelopment of the Hotel |
9 | | Florence. |
10 | | The General Assembly finds that allowing for the |
11 | | Department of Natural Resources to enter into a public-private |
12 | | partnership that will allow the Hotel Florence to become a |
13 | | fully reactivated space in a timely manner that is in the |
14 | | public benefit of the State and the local Pullman community. |
15 | | (Source: P.A. 103-570, eff. 1-1-24.)
|
16 | | (20 ILCS 3407/45-10) |
17 | | Sec. 45-10. Definitions. In this Act: |
18 | | "Agreement" means a public-private agreement. |
19 | | "Contractor" means a person that has been selected to |
20 | | enter or has entered into a public-private agreement with the |
21 | | Department on behalf of the State for the development, |
22 | | financing, construction, management, or operation of the Hotel |
23 | | Florence pursuant to this Act. |
24 | | "Department" means the Department of Natural Resources. |
25 | | "Hotel Florence" means real property in the City of |
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1 | | Chicago located within the Pullman State Historic Site |
2 | | District that is owned by the Illinois Department of Natural |
3 | | Resources and was acquired in 1991, at the address of 11111 S. |
4 | | Forrestville Avenue, Chicago, Illinois, as well as the |
5 | | adjacent Hotel Florence Annex building located at 537 East |
6 | | 111th Street, Chicago, Illinois 60628 and any associated |
7 | | grounds connected to the Hotel Florence or Hotel Florence |
8 | | Annex either property . |
9 | | "Maintain" or "maintenance" includes ordinary maintenance, |
10 | | repair, rehabilitation, capital maintenance, maintenance |
11 | | replacement, and any other categories of maintenance that may |
12 | | be designated by the Department. |
13 | | "Offeror" means a person that responds to a request for |
14 | | solicitations proposals under this Act. |
15 | | "Operate" or "operation" means to do one or more of the |
16 | | following: maintain, improve, equip, modify, or otherwise |
17 | | operate. |
18 | | "Person" means any individual, firm, association, joint |
19 | | venture, partnership, estate, trust, syndicate, fiduciary, |
20 | | corporation, or any other legal entity, group, or combination |
21 | | thereof. |
22 | | "Public-private agreement" means an agreement or contract |
23 | | between the Department on behalf of the State and all |
24 | | schedules, exhibits, and attachments thereto, entered into |
25 | | pursuant to a competitive request for solicitations proposals |
26 | | process governed by this Act, for the development, financing, |
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1 | | construction, management, or operation of the Hotel Florence |
2 | | under this Act. |
3 | | "Pullman Factory" means real property in the City of |
4 | | Chicago located within the Pullman State Historic Site that is |
5 | | owned by the Department of Natural Resources and was acquired |
6 | | in 1991, at the addresses 620 and 630 East 111th Street, |
7 | | Chicago, Illinois 60628. The Factory Grounds include the Front |
8 | | Erecting Shop North Factory Wing, Front Erecting Shop South |
9 | | Factory Wing (Ruin), Rear Erecting Shops, Proposed Train Car |
10 | | Display Building, Historic 1911 "Advance" Railroad Passenger |
11 | | Car, Rail Spur Connection, and associated grounds. |
12 | | "Revenues" means all revenues, including, but not limited |
13 | | to, income, user fees, earnings, interest, lease payments, |
14 | | allocations, moneys from the federal government, the State, |
15 | | and units of local government, including, but not limited to, |
16 | | federal, State, and local appropriations, grants, loans, lines |
17 | | of credit, and credit guarantees; bond proceeds; equity |
18 | | investments; service payments; or other receipts arising out |
19 | | of or in connection with the financing, development, |
20 | | construction, management, or operation of the Hotel Florence. |
21 | | "State" means the State of Illinois. |
22 | | (Source: P.A. 103-570, eff. 1-1-24.)
|
23 | | (20 ILCS 3407/45-15) |
24 | | Sec. 45-15. Authority to enter public-private agreement. |
25 | | (a) Notwithstanding any provision of law to the contrary, |
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1 | | the Department on behalf of the State may, pursuant to a |
2 | | competitive solicitation request for proposals process |
3 | | governed by the Illinois Procurement Code, rules adopted under |
4 | | that Code, and this Act, enter into a public-private agreement |
5 | | to develop, finance, construct, lease, manage, divest |
6 | | ownership in, and or operate the Hotel Florence and the |
7 | | Pullman Factory on behalf of the State, pursuant to which the |
8 | | contractors may receive certain revenues, including management |
9 | | or user fees in consideration of the payment of moneys to the |
10 | | State for that right. At the discretion of the Department, the |
11 | | Factory Grounds may be included in the public-private |
12 | | agreement. |
13 | | (b) The term of a public-private agreement shall be no |
14 | | less than 25 years and no more than 75 years. |
15 | | (c) The term of a public-private agreement may be |
16 | | extended, but only if the extension is specifically authorized |
17 | | by the General Assembly by law. |
18 | | (Source: P.A. 103-570, eff. 1-1-24.)
|
19 | | (20 ILCS 3407/45-20) |
20 | | Sec. 45-20. Prequalification Procurement; |
21 | | prequalification . The Department may establish a process for |
22 | | prequalification of offerors. The Department may enter into |
23 | | agreements with governmental entities and other outside |
24 | | entities to assist in drafting the solicitation and evaluation |
25 | | process as well as develop evaluation criteria for the |
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1 | | prequalification of offerors. If the Department does create |
2 | | such a process, it shall: |
3 | | (1) provide a public notice of the prequalification at |
4 | | least 30 days prior to the date on which applications are |
5 | | due; |
6 | | (2) set forth requirements and evaluation criteria in |
7 | | order to become prequalified; |
8 | | (3) determine which offerors that have submitted |
9 | | prequalification applications, if any, meet the |
10 | | requirements and evaluation criteria; and |
11 | | (4) allow only those offerors that have been |
12 | | prequalified to respond to the request for solicitations |
13 | | proposals . |
14 | | (Source: P.A. 103-570, eff. 1-1-24.)
|
15 | | (20 ILCS 3407/45-25) |
16 | | Sec. 45-25. Request for solicitation proposals process to |
17 | | enter into public-private agreement. |
18 | | (a) Notwithstanding any provision of law to the contrary, |
19 | | the Department on behalf of the State shall select a |
20 | | contractor through a competitive solicitation request for |
21 | | proposals process governed by the Illinois Procurement Code |
22 | | and rules adopted under that Code and this Act. The Department |
23 | | may enter into agreements with governmental entities and other |
24 | | outside entities to assist the Department in drafting, |
25 | | reviewing, and scoring the proposals. |
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1 | | (b) The competitive solicitation request for proposals |
2 | | process shall, at a minimum, solicit statements of |
3 | | qualification and proposals from offerors. |
4 | | (c) The competitive request for solicitation proposals |
5 | | process shall, at a minimum, take into account the following |
6 | | criteria: |
7 | | (1) the offeror's plans for the Hotel Florence |
8 | | project , including, but not limited to, building use, |
9 | | experience, environmental concerns, and a proposed |
10 | | preservation and rehabilitation plan compliant with the |
11 | | Illinois State Agency Historic Preservation Act ; |
12 | | (2) the offeror's current and past business practices; |
13 | | (3) the offeror's poor or inadequate past performance |
14 | | in developing, financing, constructing, managing, or |
15 | | operating historic landmark properties or other public |
16 | | assets; |
17 | | (4) the offeror's ability to meet and past performance |
18 | | in meeting or exhausting good faith efforts to meet the |
19 | | utilization goals for business enterprises established in |
20 | | the Business Enterprise for Minorities, Women, and Persons |
21 | | with Disabilities Act; |
22 | | (5) the offeror's ability to comply with and past |
23 | | performance in complying with Section 2-105 of the |
24 | | Illinois Human Rights Act; and |
25 | | (6) the offeror's plans to comply with the Business |
26 | | Enterprise for Minorities, Women, and Persons with |
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1 | | Disabilities Act and Section 2-105 of the Illinois Human |
2 | | Rights Act ; and . |
3 | | (7) the offeror's plans for the Pullman Factory. |
4 | | (d) The Department shall not include terms in the request |
5 | | for solicitations proposals that provide an advantage, whether |
6 | | directly or indirectly, to any contractor presently providing |
7 | | goods, services, or equipment to the Department. |
8 | | (e) The Department shall select one or more offerors as |
9 | | finalists. |
10 | | (f) After the procedures required in this Section have |
11 | | been completed, the Department shall make a determination as |
12 | | to whether the offeror should be designated as the contractor |
13 | | for the Hotel Florence project and shall submit the decision |
14 | | to the Governor and to the Governor's Office of Management and |
15 | | Budget. After review of the Department's determination, the |
16 | | Governor may accept or reject the determination. If the |
17 | | Governor accepts the determination of the Department, the |
18 | | Governor shall designate the offeror for the Hotel Florence |
19 | | project. |
20 | | (Source: P.A. 103-570, eff. 1-1-24.)
|
21 | | (20 ILCS 3407/45-30) |
22 | | Sec. 45-30. Provisions of the public-private agreement. |
23 | | (a) The public-private agreement shall include all of the |
24 | | following: |
25 | | (1) the term of the public-private agreement that is |
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1 | | consistent with Section 45-40 of this Act ; |
2 | | (2) the powers, duties, responsibilities, obligations, |
3 | | and functions of the Department and the contractor; |
4 | | (3) compensation or payments to the Department, if |
5 | | applicable; |
6 | | (4) compensation or payments to the contractor, if |
7 | | applicable; |
8 | | (5) a provision specifying that the Department: |
9 | | (A) has ready access to information regarding the |
10 | | contractor's powers, duties, responsibilities, |
11 | | obligations, and functions under the public-private |
12 | | agreement; |
13 | | (B) has the right to demand and receive |
14 | | information from the contractor concerning any aspect |
15 | | of the contractor's powers, duties, responsibilities, |
16 | | obligations, and functions under the public-private |
17 | | agreement; and |
18 | | (C) has the authority to direct or countermand |
19 | | decisions by the contractor at any time; |
20 | | (6) a provision imposing an affirmative duty on the |
21 | | contractor to provide the Department with any information |
22 | | the contractor reasonably believes the Department would |
23 | | want to know or would need to know to enable the Department |
24 | | to exercise its powers, carry out its duties, |
25 | | responsibilities, and obligations, and perform its |
26 | | functions under this Act or the public-private agreement |
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1 | | or as otherwise required by law; |
2 | | (6.5) a provision that this project will require using |
3 | | guidelines with The Secretary of the Interior's Standards |
4 | | for the Treatment of Historic Properties with Guidelines |
5 | | for Preserving, Rehabilitating, Restoring and |
6 | | Reconstructing Historic Buildings; the period of the |
7 | | original construction (Hotel Florence and grounds from |
8 | | 1880 through 1897; and Hotel Annex from 1914 through 1930) |
9 | | should be used to guide the project design and |
10 | | construction; |
11 | | (7) the authority of the Department to enter into |
12 | | contracts with third parties pursuant to Section 45-40; |
13 | | (8) the authority of the Department to request that |
14 | | the contractor reimburse the Department for third party |
15 | | consultants related to the monitoring the project; |
16 | | (9) a provision governing the contractor's authority |
17 | | to negotiate and execute subcontracts with third parties; |
18 | | (10) the authority of the contractor to impose user |
19 | | fees and the amounts of those fees; |
20 | | (11) a provision governing the deposit and allocation |
21 | | of revenues including user fees; |
22 | | (12) a provision governing rights to real and personal |
23 | | property of the State, the Department, the contractor, and |
24 | | other third parties; |
25 | | (13) grounds for termination of the agreement by the |
26 | | Department or the contractor and a restatement of the |
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1 | | Department's rights under this Act; |
2 | | (14) a requirement that the contractor enter into a |
3 | | project labor agreement; |
4 | | (15) a provision stating that construction contractors |
5 | | shall comply with the requirements of Section 30-22 of the |
6 | | Illinois Procurement Code; |
7 | | (16) rights and remedies of the Department if the |
8 | | contractor defaults or otherwise fails to comply with the |
9 | | terms of the agreement; |
10 | | (17) procedures for amendment to the agreement; and |
11 | | (18) all other terms, conditions, and provisions |
12 | | acceptable to the Department that the Department deems |
13 | | necessary and proper and in the public interest ; and . |
14 | | (19) a requirement that the contract complies with the |
15 | | Business Enterprise for Minorities, Women, and Persons |
16 | | with Disabilities Act and Section 2-105 of the Illinois |
17 | | Human Rights Act. |
18 | | (Source: P.A. 103-570, eff. 1-1-24.)
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19 | | (20 ILCS 3407/45-35 rep.) |
20 | | Section 30-10. The Reimagining Hotel Florence Act is |
21 | | amended by repealing Section 45-35.
|
22 | | ARTICLE 35.
|
23 | | Section 35-5. The Illinois Procurement Code is amended by |
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1 | | changing Section 45-105 as follows:
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2 | | (30 ILCS 500/45-105) |
3 | | Sec. 45-105. Bid preference for Illinois businesses. |
4 | | (a) (Blank). |
5 | | (b) It is hereby declared to be the public policy of the |
6 | | State of Illinois to promote the economy of Illinois through |
7 | | the use of Illinois businesses for all State construction |
8 | | contracts. |
9 | | (c) Construction agencies procuring construction and |
10 | | construction-related professional services shall make |
11 | | reasonable efforts to contract with Illinois businesses. |
12 | | (d) Beginning in 2022, each construction agency shall |
13 | | submit a report to the Governor and the General Assembly by |
14 | | September 1 of each year that identifies the Illinois |
15 | | businesses procured by the construction agency, the primary |
16 | | location of the construction project, the percentage of the |
17 | | construction agency's utilization of Illinois businesses on |
18 | | the project as a whole, and the actions that the construction |
19 | | agency has undertaken to increase the use of Illinois |
20 | | businesses. |
21 | | (e) In procuring construction and construction-related |
22 | | professional services for projects with a total value that |
23 | | exceeds the small purchase maximum established by Section |
24 | | 20-20 of this Code, construction agencies shall provide a bid |
25 | | preference to a responsive and responsible bidder that is an |
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1 | | Illinois business as defined in this Section. The construction |
2 | | agency shall allocate to the lowest bid by an Illinois |
3 | | business that is responsible and responsive a bid preference |
4 | | of 4% of the contract base bid. This subsection applies only to |
5 | | projects where a business that is not an Illinois business |
6 | | submits a bid. |
7 | | (e-5) The chief procurement officer shall require at the |
8 | | time of submission of a bid, and may require at the chief |
9 | | procurement officer's option at any time during the term of |
10 | | the contract, that the bidder or contractor submit an |
11 | | affidavit and other supporting documents demonstrating that |
12 | | the bidder or contractor is an Illinois business and, if |
13 | | applicable, submit an affidavit and other supporting documents |
14 | | demonstrating that the bidder or contractor is eligible for a |
15 | | 4% bid preference under this Section. |
16 | | (e-10) If a contractor who is awarded a contract through |
17 | | the use of a preference for Illinois businesses provided false |
18 | | information in order to obtain that preference, then the |
19 | | contractor is subject to disciplinary procedures as identified |
20 | | in Section 50-65 of this Act. |
21 | | (f) This Section does not apply to any contract for any |
22 | | project for which federal funds are available for expenditure |
23 | | when its provisions may be in conflict with federal law or |
24 | | federal regulation. |
25 | | (g) As used in this Section, "Illinois business" means a |
26 | | contractor that is , for at least one year prior, operating and |
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1 | | headquartered in Illinois , subject to applicable State taxes, |
2 | | and providing, at the time that an invitation for a bid or |
3 | | notice of contract opportunity is first advertised, |
4 | | construction or construction-related professional services . |
5 | | "Illinois business" includes a foreign corporation duly |
6 | | authorized to transact business in this State that has a bona |
7 | | fide establishment for transacting business within this State |
8 | | where it is operating, headquartered, and performing |
9 | | construction or construction-related professional services at |
10 | | least one year before an invitation for a bid or notice of |
11 | | contract opportunity is first advertised. , and is operating |
12 | | as: |
13 | | (1) a sole proprietor whose primary residence is in |
14 | | Illinois; |
15 | | (2) a business incorporated or organized as a domestic |
16 | | corporation under the Business Corporation Act of 1983; |
17 | | (3) a business organized as a domestic partnership |
18 | | under the Uniform Partnership Act of 1997; |
19 | | (4) a business organized as a domestic limited |
20 | | partnership under the Uniform Limited Partnership Act of |
21 | | 2001; |
22 | | (5) a business organized under the Limited Liability |
23 | | Company Act; or |
24 | | (6) a business organized under the Professional |
25 | | Limited Liability Company Act. |
26 | | "Illinois business" does not include any subcontractors or |
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1 | | businesses headquartered outside of the State that have an |
2 | | affiliated entity operating in the State . |
3 | | (Source: P.A. 102-721, eff. 1-1-23; 103-570, eff. 1-1-24.)
|
4 | | ARTICLE 45.
|
5 | | Section 45-5. The Illinois Procurement Code is amended by |
6 | | changing Section 50-10.5 as follows:
|
7 | | (30 ILCS 500/50-10.5) |
8 | | Sec. 50-10.5. Prohibited bidders, offerors, potential |
9 | | contractors, and contractors. |
10 | | (a) Unless otherwise provided, no business shall bid, |
11 | | offer, enter into a contract or subcontract under this Code, |
12 | | or make a submission to a vendor portal if the business or any |
13 | | officer, director, partner, or other managerial agent of the |
14 | | business has been convicted of a felony under the |
15 | | Sarbanes-Oxley Act of 2002 or a Class 3 or Class 2 felony under |
16 | | the Illinois Securities Law of 1953 for a period of 5 years |
17 | | from the date of conviction. |
18 | | (b) Every bid and offer submitted to the State, every |
19 | | contract executed by the State, every vendor's submission to a |
20 | | vendor portal, and every subcontract subject to Section 20-120 |
21 | | of this Code shall contain a certification by the bidder, |
22 | | offeror, potential contractor, contractor, or subcontractor, |
23 | | respectively, that the bidder, offeror, potential contractor, |
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1 | | contractor, or subcontractor is not barred from being awarded |
2 | | a contract or subcontract under this Section and acknowledges |
3 | | that the chief procurement officer shall declare the related |
4 | | contract void if any of the certifications completed pursuant |
5 | | to this subsection (b) are false. If the false certification |
6 | | is made by a subcontractor, then the contractor's submitted |
7 | | bid or offer and the executed contract may not be declared |
8 | | void, unless the contractor refuses to terminate the |
9 | | subcontract upon the State's request after a finding that the |
10 | | subcontract's certification was false. |
11 | | (c) If a business is not a natural person, the prohibition |
12 | | in subsection (a) applies only if: |
13 | | (1) the business itself is convicted of a felony |
14 | | referenced in subsection (a); or |
15 | | (2) the business is ordered to pay punitive damages |
16 | | based on the conduct of any officer, director, partner, or |
17 | | other managerial agent who has been convicted of a felony |
18 | | referenced in subsection (a). |
19 | | (d) A natural person who is convicted of a felony |
20 | | referenced in subsection (a) remains subject to Section 50-10. |
21 | | (e) No person or business shall bid, offer, make a |
22 | | submission to a vendor portal, or enter into a contract under |
23 | | this Code if the person or business assisted an employee of the |
24 | | State of Illinois, who, by the nature of his or her duties, has |
25 | | the authority to participate personally and substantially in |
26 | | the decision to award a State contract, by reviewing, |
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1 | | drafting, directing, or preparing any invitation for bids, a |
2 | | request for proposal, or request for information or provided |
3 | | similar assistance except as part of a publicly issued |
4 | | opportunity to review drafts of all or part of these |
5 | | documents. |
6 | | This subsection does not prohibit a person or business |
7 | | from submitting a bid or offer or entering into a contract if |
8 | | the person or business: (i) initiates a communication with an |
9 | | employee to provide general information about products, |
10 | | services, or industry best practices, (ii) responds to a |
11 | | communication initiated by an employee of the State for the |
12 | | purposes of providing information to evaluate new products, |
13 | | trends, services, or technologies, or (iii) asks for |
14 | | clarification regarding a solicitation, so long as there is no |
15 | | competitive advantage to the person or business and the |
16 | | question and answer, if material, are posted to the Illinois |
17 | | Procurement Bulletin as an addendum to the solicitation. |
18 | | Nothing in this Section prohibits a vendor developing |
19 | | technology, goods, or services from bidding or offering to |
20 | | supply that technology or those goods or services if the |
21 | | subject demonstrated to the State represents industry trends |
22 | | and innovation and is not specifically designed to meet the |
23 | | State's needs. |
24 | | Nothing in this Section prohibits a person performing |
25 | | construction-related services from initiating contact with a |
26 | | business that performs construction for the purpose of |
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1 | | obtaining market costs or production time to determine the |
2 | | estimated costs to complete the construction project. |
3 | | For purposes of this subsection (e), "business" includes |
4 | | all individuals with whom a business is affiliated, including, |
5 | | but not limited to, any officer, agent, employee, consultant, |
6 | | independent contractor, director, partner, or manager of a |
7 | | business. |
8 | | No person or business shall submit specifications to a |
9 | | State agency unless requested to do so by an employee of the |
10 | | State. No person or business who contracts with a State agency |
11 | | to write specifications for a particular procurement need |
12 | | shall submit a bid or proposal or receive a contract for that |
13 | | procurement need. |
14 | | Nothing in this subsection (e) shall prohibit a person or |
15 | | business from submitting an unsolicited proposal under Section |
16 | | 19 of the Public-Private Partnerships for Transportation Act. |
17 | | (Source: P.A. 100-43, eff. 8-9-17.)
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18 | | ARTICLE 50.
|
19 | | Section 50-5. The Business Enterprise for Minorities, |
20 | | Women, and Persons with Disabilities Act is amended by |
21 | | changing Sections 2, 5, and 8 and by adding Section 3.5 as |
22 | | follows:
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23 | | (30 ILCS 575/2) |
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1 | | (Section scheduled to be repealed on June 30, 2029) |
2 | | Sec. 2. Definitions. |
3 | | (A) For the purpose of this Act, the following terms shall |
4 | | have the following definitions: |
5 | | (1) "Minority person" shall mean a person who is a |
6 | | citizen or lawful permanent resident of the United States |
7 | | and who is any of the following: |
8 | | (a) American Indian or Alaska Native (a person |
9 | | having origins in any of the original peoples of North |
10 | | and South America, including Central America, and who |
11 | | maintains tribal affiliation or community attachment). |
12 | | (b) Asian (a person having origins in any of the |
13 | | original peoples of the Far East, Southeast Asia, or |
14 | | the Indian subcontinent, including, but not limited |
15 | | to, Cambodia, China, India, Japan, Korea, Malaysia, |
16 | | Pakistan, the Philippine Islands, Thailand, and |
17 | | Vietnam). |
18 | | (c) Black or African American (a person having |
19 | | origins in any of the black racial groups of Africa). |
20 | | (d) Hispanic or Latino (a person of Cuban, |
21 | | Mexican, Puerto Rican, South or Central American, or |
22 | | other Spanish culture or origin, regardless of race). |
23 | | (e) Native Hawaiian or Other Pacific Islander (a |
24 | | person having origins in any of the original peoples |
25 | | of Hawaii, Guam, Samoa, or other Pacific Islands). |
26 | | (2) "Woman" shall mean a person who is a citizen or |
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1 | | lawful permanent resident of the United States and who is |
2 | | of the female gender. |
3 | | (2.05) "Person with a disability" means a person who |
4 | | is a citizen or lawful resident of the United States and is |
5 | | a person qualifying as a person with a disability under |
6 | | subdivision (2.1) of this subsection (A). |
7 | | (2.1) "Person with a disability" means a person with a |
8 | | severe physical or mental disability that: |
9 | | (a) results from: |
10 | | amputation, |
11 | | arthritis, |
12 | | autism, |
13 | | blindness, |
14 | | burn injury, |
15 | | cancer, |
16 | | cerebral palsy, |
17 | | Crohn's disease, |
18 | | cystic fibrosis, |
19 | | deafness, |
20 | | head injury, |
21 | | heart disease, |
22 | | hemiplegia, |
23 | | hemophilia, |
24 | | respiratory or pulmonary dysfunction, |
25 | | an intellectual disability, |
26 | | mental illness, |
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1 | | multiple sclerosis, |
2 | | muscular dystrophy, |
3 | | musculoskeletal disorders, |
4 | | neurological disorders, including stroke and |
5 | | epilepsy, |
6 | | paraplegia, |
7 | | quadriplegia and other spinal cord conditions, |
8 | | sickle cell anemia, |
9 | | ulcerative colitis, |
10 | | specific learning disabilities, or |
11 | | end stage renal failure disease; and |
12 | | (b) substantially limits one or more of the |
13 | | person's major life activities. |
14 | | Another disability or combination of disabilities may |
15 | | also be considered as a severe disability for the purposes |
16 | | of item (a) of this subdivision (2.1) if it is determined |
17 | | by an evaluation of rehabilitation potential to cause a |
18 | | comparable degree of substantial functional limitation |
19 | | similar to the specific list of disabilities listed in |
20 | | item (a) of this subdivision (2.1). |
21 | | (3) "Minority-owned business" means a business which |
22 | | is at least 51% owned by one or more minority persons, or |
23 | | in the case of a corporation, at least 51% of the stock in |
24 | | which is owned by one or more minority persons; and the |
25 | | management and daily business operations of which are |
26 | | controlled by one or more of the minority individuals who |
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1 | | own it. |
2 | | (4) "Women-owned business" means a business which is |
3 | | at least 51% owned by one or more women, or, in the case of |
4 | | a corporation, at least 51% of the stock in which is owned |
5 | | by one or more women; and the management and daily |
6 | | business operations of which are controlled by one or more |
7 | | of the women who own it. |
8 | | (4.1) "Business owned by a person with a disability" |
9 | | means a business that is at least 51% owned by one or more |
10 | | persons with a disability and the management and daily |
11 | | business operations of which are controlled by one or more |
12 | | of the persons with disabilities who own it. A |
13 | | not-for-profit agency for persons with disabilities that |
14 | | is exempt from taxation under Section 501 of the Internal |
15 | | Revenue Code of 1986 is also considered a "business owned |
16 | | by a person with a disability". |
17 | | (4.2) "Council" means the Business Enterprise Council |
18 | | for Minorities, Women, and Persons with Disabilities |
19 | | created under Section 5 of this Act. |
20 | | (4.3) "Commission" means, unless the context clearly |
21 | | indicates otherwise, the Commission on Equity and |
22 | | Inclusion created under the Commission on Equity and |
23 | | Inclusion Act. |
24 | | (4.4) "Certified vendor" means a minority-owned |
25 | | business, women-owned business, or business owned by a |
26 | | person with a disability that is certified by the Business |
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1 | | Enterprise Program. |
2 | | (4.5) "Subcontractor" means a person or entity that |
3 | | enters into a contractual agreement with a prime vendor to |
4 | | provide, on behalf of the prime vendor, goods, services, |
5 | | real property, or remuneration or other monetary |
6 | | consideration that is the subject of the primary State |
7 | | contract. "Subcontractor" includes a sublessee under a |
8 | | State contract. |
9 | | (4.6) "Prime vendor" means any person or entity having |
10 | | a contract that is subject to this Act with a State agency |
11 | | or public institution of higher education. |
12 | | (5) "State contracts" means all contracts entered into |
13 | | by the State, any agency or department thereof, or any |
14 | | public institution of higher education, including |
15 | | community college districts, regardless of the source of |
16 | | the funds with which the contracts are paid, which are not |
17 | | subject to federal reimbursement. "State contracts" does |
18 | | not include contracts awarded by a retirement system, |
19 | | pension fund, or investment board subject to Section |
20 | | 1-109.1 of the Illinois Pension Code. This definition |
21 | | shall control over any existing definition under this Act |
22 | | or applicable administrative rule. |
23 | | "State construction contracts" means all State |
24 | | contracts entered into by a State agency or public |
25 | | institution of higher education for the repair, |
26 | | remodeling, renovation or construction of a building or |
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1 | | structure, or for the construction or maintenance of a |
2 | | highway defined in Article 2 of the Illinois Highway Code. |
3 | | (6) "State agencies" shall mean all departments, |
4 | | officers, boards, commissions, institutions and bodies |
5 | | politic and corporate of the State, but does not include |
6 | | the Board of Trustees of the University of Illinois, the |
7 | | Board of Trustees of Southern Illinois University, the |
8 | | Board of Trustees of Chicago State University, the Board |
9 | | of Trustees of Eastern Illinois University, the Board of |
10 | | Trustees of Governors State University, the Board of |
11 | | Trustees of Illinois State University, the Board of |
12 | | Trustees of Northeastern Illinois University, the Board of |
13 | | Trustees of Northern Illinois University, the Board of |
14 | | Trustees of Western Illinois University, municipalities or |
15 | | other local governmental units, or other State |
16 | | constitutional officers. |
17 | | (7) "Public institutions of higher education" means |
18 | | the University of Illinois, Southern Illinois University, |
19 | | Chicago State University, Eastern Illinois University, |
20 | | Governors State University, Illinois State University, |
21 | | Northeastern Illinois University, Northern Illinois |
22 | | University, Western Illinois University, the public |
23 | | community colleges of the State, and any other public |
24 | | universities, colleges, and community colleges now or |
25 | | hereafter established or authorized by the General |
26 | | Assembly. |
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1 | | (8) "Certification" means a determination made by the |
2 | | Council or by one delegated authority from the Council to |
3 | | make certifications, or by a State agency with statutory |
4 | | authority to make such a certification, that a business |
5 | | entity is a business owned by a minority, woman, or person |
6 | | with a disability for whatever purpose. A business owned |
7 | | and controlled by women shall be certified as a |
8 | | "woman-owned business". A business owned and controlled by |
9 | | women who are also minorities shall be certified as both a |
10 | | "women-owned business" and a "minority-owned business". |
11 | | (9) "Control" means the exclusive or ultimate and sole |
12 | | control of the business including, but not limited to, |
13 | | capital investment and all other financial matters, |
14 | | property, acquisitions, contract negotiations, legal |
15 | | matters, officer-director-employee selection and |
16 | | comprehensive hiring, operating responsibilities, |
17 | | cost-control matters, income and dividend matters, |
18 | | financial transactions and rights of other shareholders or |
19 | | joint partners. Control shall be real, substantial and |
20 | | continuing, not pro forma. Control shall include the power |
21 | | to direct or cause the direction of the management and |
22 | | policies of the business and to make the day-to-day as |
23 | | well as major decisions in matters of policy, management |
24 | | and operations. Control shall be exemplified by possessing |
25 | | the requisite knowledge and expertise to run the |
26 | | particular business and control shall not include simple |
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1 | | majority or absentee ownership. |
2 | | (10) "Business" means a business that has annual gross |
3 | | sales of less than $150,000,000 as evidenced by the |
4 | | federal income tax return of the business. A certified |
5 | | vendor with gross sales in excess of this cap may apply to |
6 | | the Council for certification for a particular contract if |
7 | | the vendor can demonstrate that the contract would have |
8 | | significant impact on businesses owned by minorities, |
9 | | women, or persons with disabilities as suppliers or |
10 | | subcontractors or in employment of minorities, women, or |
11 | | persons with disabilities. Firms with gross sales in |
12 | | excess of this cap that are granted certification by the |
13 | | Council shall be granted certification for the life of the |
14 | | contract, including available renewals. |
15 | | (11) "Utilization plan" means an attachment that is |
16 | | made to all bids or proposals and that demonstrates the |
17 | | bidder's or offeror's efforts to meet the |
18 | | contract-specific Business Enterprise Program goal. The |
19 | | utilization plan shall indicate whether the prime vendor |
20 | | intends to meet the Business Enterprise Program goal |
21 | | through its own performance, if it is a certified vendor, |
22 | | or through the use of subcontractors that are certified |
23 | | vendors. The utilization plan shall demonstrate that the |
24 | | Vendor has either: (1) met the entire contract goal or (2) |
25 | | requested a full or partial waiver of the contract goal. |
26 | | If the prime vendor intends to use a subcontractor that is |
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1 | | a certified vendor to fulfill the contract goal, a |
2 | | participation agreement executed between the prime vendor |
3 | | and the certified subcontractor must be included with the |
4 | | utilization plan. |
5 | | (12) "Business Enterprise Program" means the Business |
6 | | Enterprise Program of the Commission on Equity and |
7 | | Inclusion. |
8 | | (13) "Good faith effort" means actions undertaken by a |
9 | | vendor to achieve a contract specific Business Enterprise |
10 | | Program goal that, by scope, intensity, and |
11 | | appropriateness to the objective, can reasonably be |
12 | | expected to fulfill the program's requirements. |
13 | | (14) "Goal" means the participation levels of |
14 | | certified vendors on State contracts. |
15 | | (B) When a business is owned at least 51% by any |
16 | | combination of minority persons, women, or persons with |
17 | | disabilities, even though none of the 3 classes alone holds at |
18 | | least a 51% interest, the ownership requirement for purposes |
19 | | of this Act is considered to be met. The certification |
20 | | category for the business is that of the class holding the |
21 | | largest ownership interest in the business. If 2 or more |
22 | | classes have equal ownership interests, the certification |
23 | | category shall be determined by the business. |
24 | | (Source: P.A. 102-29, eff. 6-25-21; 102-1119, eff. 1-23-23; |
25 | | 103-570, eff. 1-1-24.)
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1 | | (30 ILCS 575/3.5 new) |
2 | | Sec. 3.5. Uniform standard of contract goals. |
3 | | (a) The Business Enterprise Program may establish uniform |
4 | | standards for calculating contract specific Business |
5 | | Enterprise Program goals for all State contracts and State |
6 | | construction contracts subject to this Act. In establishing |
7 | | those standards, the Business Enterprise Program may consider |
8 | | normal industry practice, the scope of the work to be |
9 | | performed under a contract, the availability of vendors that |
10 | | are able to perform the scope of the work to be performed under |
11 | | a contract, the availability of certified vendors that are |
12 | | able to perform the work to be performed under a contract, and |
13 | | the State's progress to date toward meeting the aspirational |
14 | | goals set forth in this Act. |
15 | | (b) Each State agency that is subject to this Act and each |
16 | | public institution of higher education that is subject to this |
17 | | Act may, in accordance with the provisions of this Act, set |
18 | | goals concerning participation in State contracts, including |
19 | | State construction contracts, to which the State agency or |
20 | | public institution of higher education is party. Goals |
21 | | involving State contracts above the small purchase threshold, |
22 | | as defined in Section 20-20 of the Illinois Procurement Code, |
23 | | may be submitted to the Business Enterprise Program for |
24 | | approval, denial, or modification. |
25 | | (c) As used in this Section, the terms "State contract" |
26 | | and "State construction contract" do not include grants from |
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1 | | State agencies to grantees for capital improvements or |
2 | | operational expenses.
|
3 | | (30 ILCS 575/5) (from Ch. 127, par. 132.605) |
4 | | (Section scheduled to be repealed on June 30, 2029) |
5 | | Sec. 5. Business Enterprise Council. |
6 | | (1) To help implement, monitor, and enforce the goals of |
7 | | this Act, there is created the Business Enterprise Council for |
8 | | Minorities, Women, and Persons with Disabilities, hereinafter |
9 | | referred to as the Council, composed of the Chairperson of the |
10 | | Commission on Equity and Inclusion, the Secretary of Human |
11 | | Services and the Directors of the Department of Human Rights, |
12 | | the Department of Commerce and Economic Opportunity, the |
13 | | Department of Central Management Services, the Department of |
14 | | Transportation and the Capital Development Board, or their |
15 | | duly appointed representatives, with the Comptroller, or his |
16 | | or her designee, serving as an advisory member of the Council. |
17 | | Ten individuals representing businesses that are |
18 | | minority-owned, women-owned, or owned by persons with |
19 | | disabilities, 2 individuals representing the business |
20 | | community, and a representative of public institutions of |
21 | | higher education shall be appointed by the Governor. These |
22 | | members shall serve 2-year terms and shall be eligible for |
23 | | reappointment. Any vacancy occurring on the Council shall also |
24 | | be filled by the Governor. Any member appointed to fill a |
25 | | vacancy occurring prior to the expiration of the term for |
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1 | | which his or her predecessor was appointed shall be appointed |
2 | | for the remainder of such term. Members of the Council shall |
3 | | serve without compensation but shall be reimbursed for any |
4 | | ordinary and necessary expenses incurred in the performance of |
5 | | their duties. |
6 | | The Chairperson of the Commission shall serve as the |
7 | | Council chairperson and shall select, subject to approval of |
8 | | the Council, a Secretary responsible for the operation of the |
9 | | program who shall serve as the Division Manager of the |
10 | | Business Enterprise for Minorities, Women, and Persons with |
11 | | Disabilities Division of the Commission on Equity and |
12 | | Inclusion. |
13 | | The Director of each State agency and the chief executive |
14 | | officer of each public institution of higher education shall |
15 | | appoint a liaison to the Council. The liaison shall be |
16 | | responsible for submitting to the Council any reports and |
17 | | documents necessary under this Act. |
18 | | (2) The Council's authority and responsibility shall be |
19 | | to: |
20 | | (a) Devise a certification procedure to assure that |
21 | | businesses taking advantage of this Act are legitimately |
22 | | classified as businesses owned by minorities, women, or |
23 | | persons with disabilities and a registration procedure to |
24 | | recognize, without additional evidence of Business |
25 | | Enterprise Program eligibility, the certification of |
26 | | businesses owned by minorities, women, or persons with |
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1 | | disabilities certified by the City of Chicago, Cook |
2 | | County, or other jurisdictional programs with requirements |
3 | | and procedures equaling or exceeding those in this Act. |
4 | | (b) Maintain a list of all businesses legitimately |
5 | | classified as businesses owned by minorities, women, or |
6 | | persons with disabilities to provide to State agencies and |
7 | | public institutions of higher education. |
8 | | (c) Review rules and regulations for the |
9 | | implementation of the program for businesses owned by |
10 | | minorities, women, and persons with disabilities. |
11 | | (d) Review compliance plans submitted by each State |
12 | | agency and public institution of higher education pursuant |
13 | | to this Act. |
14 | | (e) Make annual reports as provided in Section 8f to |
15 | | the Governor and the General Assembly on the status of the |
16 | | program. |
17 | | (f) Serve as a central clearinghouse for information |
18 | | on State contracts, including the maintenance of a list of |
19 | | all pending State contracts upon which businesses owned by |
20 | | minorities, women, and persons with disabilities may bid. |
21 | | At the Council's discretion, maintenance of the list may |
22 | | include 24-hour electronic access to the list along with |
23 | | the bid and application information. |
24 | | (g) Establish a toll-free telephone number to |
25 | | facilitate information requests concerning the |
26 | | certification process and pending contracts. |
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1 | | (h) Adopt a procedure to grant automatic certification |
2 | | to businesses holding a certification from at least one of |
3 | | the following entities: (i) the Illinois Unified |
4 | | Certification Program; (ii) the Women's Business |
5 | | Development Center in Chicago; (iii) the Chicago Minority |
6 | | Supplier Development Council; or (iv) any other similar |
7 | | entity offering such certification to businesses. |
8 | | (i) Develop and maintain a repository for |
9 | | non-certified vendors that: (i) have applied for |
10 | | certification and have been denied; (ii) have started, but |
11 | | not completed, the certification process; (iii) have |
12 | | achieved certification, but did not seek renewal; or (iv) |
13 | | are known businesses owned by minorities, women, or |
14 | | persons with disabilities. |
15 | | (3) No premium bond rate of a surety company for a bond |
16 | | required of a business owned by a minority, woman, or person |
17 | | with a disability bidding for a State contract shall be higher |
18 | | than the lowest rate charged by that surety company for a |
19 | | similar bond in the same classification of work that would be |
20 | | written for a business not owned by a minority, woman, or |
21 | | person with a disability. |
22 | | (4) Any Council member who has direct financial or |
23 | | personal interest in any measure pending before the Council |
24 | | shall disclose this fact to the Council and refrain from |
25 | | participating in the determination upon such measure. |
26 | | (5) The Secretary shall have the following duties and |
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1 | | responsibilities: |
2 | | (a) To be responsible for the day-to-day operation of |
3 | | the Council. |
4 | | (b) To serve as a coordinator for all of the State's |
5 | | programs for businesses owned by minorities, women, and |
6 | | persons with disabilities and as the information and |
7 | | referral center for all State initiatives for businesses |
8 | | owned by minorities, women, and persons with disabilities. |
9 | | (c) To establish an enforcement procedure whereby the |
10 | | Council may recommend to the appropriate State legal |
11 | | officer that the State exercise its legal remedies which |
12 | | shall include (1) termination of the contract involved, |
13 | | (2) prohibition of participation by the respondent in |
14 | | State public contracts for a period not to exceed 3 years, |
15 | | (3) imposition of a penalty not to exceed any profit |
16 | | acquired as a result of violation, or (4) any combination |
17 | | thereof. Such procedures shall require prior approval by |
18 | | Council. All funds collected as penalties under this |
19 | | subsection shall be used exclusively for maintenance and |
20 | | further development of the Business Enterprise Program and |
21 | | encouragement of participation in State procurement by |
22 | | minorities, women, and persons with disabilities. |
23 | | (d) To devise appropriate policies, regulations, and |
24 | | procedures for including participation by businesses owned |
25 | | by minorities, women, and persons with disabilities as |
26 | | prime contractors, including, but not limited to: (i) |
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1 | | encouraging the inclusions of qualified businesses owned |
2 | | by minorities, women, and persons with disabilities on |
3 | | solicitation lists, (ii) investigating the potential of |
4 | | blanket bonding programs for small construction jobs, and |
5 | | (iii) investigating and making recommendations concerning |
6 | | the use of the sheltered market process. |
7 | | (e) To devise procedures for the waiver of the |
8 | | participation goals in appropriate circumstances. |
9 | | (f) To accept donations and, with the approval of the |
10 | | Council or the Chairperson of the Commission on Equity and |
11 | | Inclusion, grants related to the purposes of this Act; to |
12 | | conduct seminars related to the purpose of this Act and to |
13 | | charge reasonable registration fees; and to sell |
14 | | directories, vendor lists, and other such information to |
15 | | interested parties, except that forms necessary to become |
16 | | eligible for the program shall be provided free of charge |
17 | | to a business or individual applying for the Business |
18 | | Enterprise Program. |
19 | | (Source: P.A. 101-601, eff. 1-1-20; 101-657, eff. 1-1-22; |
20 | | 102-29, eff. 6-25-21; 102-558, eff. 8-20-21; 102-721, eff. |
21 | | 1-1-23 .)
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22 | | (30 ILCS 575/8) (from Ch. 127, par. 132.608) |
23 | | (Section scheduled to be repealed on June 30, 2029) |
24 | | Sec. 8. Enforcement. |
25 | | (1) The Commission on Equity and Inclusion shall make such |
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1 | | findings, recommendations and proposals to the Governor as are |
2 | | necessary and appropriate to enforce this Act. If, as a result |
3 | | of its monitoring activities, the Commission determines that |
4 | | its goals and policies are not being met by any State agency or |
5 | | public institution of higher education, the Commission may |
6 | | recommend any or all of the following actions: |
7 | | (a) Establish enforcement procedures whereby the |
8 | | Commission may recommend to the appropriate State agency, |
9 | | public institutions of higher education, or law |
10 | | enforcement officer that legal or administrative remedies |
11 | | be initiated for violations of contract provisions or |
12 | | rules issued hereunder or by a contracting State agency or |
13 | | public institutions of higher education. State agencies |
14 | | and public institutions of higher education shall be |
15 | | authorized to adopt remedies for such violations which |
16 | | shall include (1) termination of the contract involved, |
17 | | (2) prohibition of participation of the respondents in |
18 | | public contracts for a period not to exceed one year, (3) |
19 | | imposition of a penalty not to exceed any profit acquired |
20 | | as a result of violation, or (4) any combination thereof. |
21 | | (b) If the Commission concludes that a compliance plan |
22 | | submitted under Section 6 is unlikely to produce the |
23 | | participation goals for businesses owned by minorities, |
24 | | women, and persons with disabilities within the then |
25 | | current fiscal year, the Commission may recommend that the |
26 | | State agency or public institution of higher education |
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1 | | revise its plan to provide additional opportunities for |
2 | | participation by businesses owned by minorities, women, |
3 | | and persons with disabilities. Such recommended revisions |
4 | | may include, but shall not be limited to, the following: |
5 | | (i) assurances of stronger and better focused |
6 | | solicitation efforts to obtain more businesses owned |
7 | | by minorities, women, and persons with disabilities as |
8 | | potential sources of supply; |
9 | | (ii) division of the scope of work job or project |
10 | | requirements , when economically feasible, into tasks |
11 | | or quantities to permit participation of businesses |
12 | | owned by minorities, women, and persons with |
13 | | disabilities; |
14 | | (iii) elimination of extended experience or |
15 | | capitalization requirements, when programmatically |
16 | | feasible, to permit participation of businesses owned |
17 | | by minorities, women, and persons with disabilities; |
18 | | (iv) identification of specific proposed contracts |
19 | | as particularly attractive or appropriate for |
20 | | participation by businesses owned by minorities, |
21 | | women, and persons with disabilities, such |
22 | | identification to result from and be coupled with the |
23 | | efforts of subparagraphs (i) through (iii); |
24 | | (v) implementation of those regulations |
25 | | established for the use of the sheltered market |
26 | | process. |
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1 | | (2) State agencies and public institutions of higher |
2 | | education shall monitor a vendor's compliance with its |
3 | | utilization plan and the terms of its contract. Without |
4 | | limitation, a vendor's failure to comply with its contractual |
5 | | commitments as contained in the utilization plan; failure to |
6 | | cooperate in providing information regarding its compliance |
7 | | with its utilization plan; or the provision of false or |
8 | | misleading information or statements concerning compliance, |
9 | | certification status, or eligibility of the Business |
10 | | Enterprise Program-certified vendor, good faith efforts, or |
11 | | any other material fact or representation shall constitute a |
12 | | material breach of the contract and entitle the State agency |
13 | | or public institution of higher education to declare a |
14 | | default, terminate the contract, or exercise those remedies |
15 | | provided for in the contract, at law, or in equity. |
16 | | (3) Prior to the expiration or termination of a contract, |
17 | | State agencies and public institutions of higher education |
18 | | shall evaluate the contractor's fulfillment of the contract |
19 | | goals for participation by certified businesses owned by |
20 | | minorities, women, and persons with disabilities. The agency |
21 | | or public institution of higher education shall prepare a |
22 | | report of the vendor's compliance with the contract goals and |
23 | | file it with the Secretary. If the Secretary determines that |
24 | | the vendor did not fulfill the contract goals, the vendor |
25 | | shall be in breach of the contract and may be subject to |
26 | | remedies or sanctions, unless the vendor can show that it made |
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1 | | good faith efforts to meet the contract goals. Such remedies |
2 | | or sanctions for failing to make good faith efforts may |
3 | | include (i) disqualification of the contractor from doing |
4 | | business with the State for a period of no more than one year |
5 | | or (ii) cancellation, without any penalty to the State, of any |
6 | | contract entered into by the vendor. The Business Enterprise |
7 | | Program shall develop procedures for determining whether a |
8 | | vendor has made good faith efforts to meet the contract goals |
9 | | upon the expiration or termination of a contract. |
10 | | (Source: P.A. 101-657, eff. 1-1-22; 102-29, eff. 6-25-21 .)
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11 | | ARTICLE 55.
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12 | | Section 55-5. The Public Contract Fraud Act is amended by |
13 | | changing Section 2 as follows:
|
14 | | (30 ILCS 545/2) (from Ch. 127, par. 132.52) |
15 | | Sec. 2. Spending money without obtaining title to land; |
16 | | approval of title by Attorney General. |
17 | | (a) Except as otherwise provided in Section 2 of the |
18 | | Superconducting Super Collider Act or for projects constructed |
19 | | under the Bikeway Act, any person or persons, commissioner or |
20 | | commissioners, or other officer or officers, entrusted with |
21 | | the construction or repair of any public work or improvement, |
22 | | as set forth in Section 1, who shall expend or cause to be |
23 | | expended upon such public work or improvement, the whole or |
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1 | | any part of the moneys appropriated therefor, or who shall |
2 | | commence work, or in any way authorize work to be commenced, |
3 | | thereon, without first having obtained a title, by purchase, |
4 | | donation, condemnation or otherwise, to all lands needed for |
5 | | such public work or improvement, running to the People of the |
6 | | State of Illinois; such title to be approved by the Attorney |
7 | | General, and his approval certified by the Secretary of State |
8 | | and placed on record in his office, shall be deemed guilty of a |
9 | | Class A misdemeanor. |
10 | | (b) Approval of title by the Attorney General for all |
11 | | lands needed for a public work or improvement shall not be |
12 | | required as established under subsection (a) of this Section |
13 | | and the State Comptroller may draw warrant in payment of |
14 | | consideration for all such lands without requiring approval of |
15 | | title by the Attorney General if consideration to be paid does |
16 | | not exceed $25,000 $10,000 and the title acquired for such |
17 | | lands is for: |
18 | | (1) a fee simple title or easement acquired by the |
19 | | State for highway right-of-way; or |
20 | | (2) an acquisition of rights or easements of access, |
21 | | crossing, light, air or view to, from or over a freeway |
22 | | vested in abutting property; or |
23 | | (3) a fee simple title or easement used to place |
24 | | utility lines and connect a permanent public work or |
25 | | improvement owned by the State to main utility lines; or |
26 | | (4) for the purpose of flood relief or other water |
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1 | | resource projects. |
2 | | (c) This Section does not apply to any otherwise lawful |
3 | | expenditures for the construction, completion, remodeling, |
4 | | maintenance and equipment of buildings and other facilities |
5 | | made in connection with and upon premises owned by the |
6 | | Illinois Building Authority, nor shall this Section apply to |
7 | | improvements to real estate leased by any State agency as |
8 | | defined in the Illinois State Auditing Act, provided the |
9 | | leasehold improvements were contracted for by an agency with |
10 | | leasing authority and in compliance with the rules and |
11 | | regulations promulgated by such agency for that purpose. |
12 | | (Source: P.A. 88-676, eff. 12-14-94; 89-78, eff. 6-30-95.)
|
13 | | ARTICLE 60.
|
14 | | Section 60-5. The Metropolitan Water Reclamation District |
15 | | Act is amended by changing Sections 11.3 and 11.5 as follows:
|
16 | | (70 ILCS 2605/11.3) (from Ch. 42, par. 331.3) |
17 | | Sec. 11.3. Except as provided in Sections 11.4 and 11.5, |
18 | | all purchase orders or contracts involving amounts in excess |
19 | | of the mandatory competitive bid threshold and made by or on |
20 | | behalf of the sanitary district for labor, services or work, |
21 | | the purchase, lease or sale of personal property, materials, |
22 | | equipment or supplies, or the granting of any concession, |
23 | | shall be let by free and open competitive bidding after |
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1 | | advertisement, to the lowest responsible bidder or to the |
2 | | highest responsible bidder, as the case may be, depending upon |
3 | | whether the sanitary district is to expend or receive money. |
4 | | All such purchase orders or contracts which shall involve |
5 | | amounts that will not exceed the mandatory competitive bid |
6 | | threshold, shall also be let in the manner prescribed above |
7 | | whenever practicable, except that after solicitation of bids, |
8 | | such purchase orders or contracts may be let in the open |
9 | | market, in a manner calculated to insure the best interests of |
10 | | the public. The provisions of this section are subject to any |
11 | | contrary provisions contained in "An Act concerning the use of |
12 | | Illinois mined coal in certain plants and institutions", filed |
13 | | July 13, 1937, as heretofore and hereafter amended. For |
14 | | purposes of this Section, the "mandatory competitive bid |
15 | | threshold" is a dollar amount equal to 0.1% of the total |
16 | | general fixed assets of the district as reported in the most |
17 | | recent required audit report. In no event, however, shall the |
18 | | mandatory competitive bid threshold dollar amount be less than |
19 | | $60,000 $10,000 or more than $40,000 . |
20 | | If a unit of local government performs non-emergency |
21 | | construction, alteration, repair, improvement, or maintenance |
22 | | work on the public way, the sanitary district may enter into an |
23 | | intergovernmental agreement with the unit of local government |
24 | | allowing similar construction work to be performed by the |
25 | | sanitary district on the same project, in an amount no greater |
26 | | than $100,000, to save taxpayer funds and eliminate |
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1 | | duplication of government effort. The sanitary district and |
2 | | the other unit of local government shall, before work is |
3 | | performed by either unit of local government on a project, |
4 | | adopt a resolution by a majority vote of both governing bodies |
5 | | certifying work will occur at a specific location, the reasons |
6 | | why both units of local government require work to be |
7 | | performed in the same location, and the projected cost savings |
8 | | if work is performed by both units of local government on the |
9 | | same project. Officials or employees of the sanitary district |
10 | | may, if authorized by resolution, purchase in the open market |
11 | | any supplies, materials, equipment, or services for use within |
12 | | the project in an amount no greater than $100,000 without |
13 | | advertisement or without filing a requisition or estimate. A |
14 | | full written account of each project performed by the sanitary |
15 | | district and a requisition for the materials, supplies, |
16 | | equipment, and services used by the sanitary district required |
17 | | to complete the project must be submitted by the officials or |
18 | | employees authorized to make purchases to the board of |
19 | | trustees of the sanitary district no later than 30 days after |
20 | | purchase. The full written account must be available for |
21 | | public inspection for at least one year after expenditures are |
22 | | made. |
23 | | Notwithstanding the provisions of this Section, the |
24 | | sanitary district is expressly authorized to establish such |
25 | | procedures as it deems appropriate to comply with state or |
26 | | federal regulations as to affirmative action and the |
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1 | | utilization of small and minority businesses in construction |
2 | | and procurement contracts. |
3 | | (Source: P.A. 100-882, eff. 8-14-18.)
|
4 | | (70 ILCS 2605/11.5) (from Ch. 42, par. 331.5) |
5 | | Sec. 11.5. In the event of an emergency affecting the |
6 | | public health or safety, so declared by action of the board of |
7 | | trustees, which declaration shall describe the nature of the |
8 | | injurious effect upon the public health or safety, contracts |
9 | | may be let to the extent necessary to resolve such emergency |
10 | | without public advertisement. The declaration shall fix the |
11 | | date upon which such emergency shall terminate. The date may |
12 | | be extended or abridged by the board of trustees as in its |
13 | | judgment the circumstances require. |
14 | | The executive director appointed in accordance with |
15 | | Section 4 of this Act shall authorize in writing and certify to |
16 | | the director of procurement and materials management those |
17 | | officials or employees of the several departments of the |
18 | | sanitary district who may purchase in the open market without |
19 | | filing a requisition or estimate therefor, and without |
20 | | advertisement, any supplies, materials, equipment or services, |
21 | | for immediate delivery to meet bona fide operating emergencies |
22 | | where the amount thereof is not in excess of $100,000 $50,000 ; |
23 | | provided, that the director of procurement and materials |
24 | | management shall be notified of such emergency. A full written |
25 | | account of any such emergency together with a requisition for |
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1 | | the materials, supplies, equipment or services required |
2 | | therefor shall be submitted immediately by the requisitioning |
3 | | agent to the executive director and such report and |
4 | | requisition shall be submitted to the director of procurement |
5 | | and materials management and shall be open to public |
6 | | inspection for a period of at least one year subsequent to the |
7 | | date of such emergency purchase. The exercise of authority in |
8 | | respect to purchases for such bona fide operating emergencies |
9 | | shall not be dependent upon a declaration of emergency by the |
10 | | board of trustees under the first paragraph of this Section. |
11 | | (Source: P.A. 95-923, eff. 1-1-09; 96-165, eff. 8-10-09.)
|
12 | | ARTICLE 65.
|
13 | | Section 65-5. The Illinois Procurement Code is amended by |
14 | | changing Section 45-105 as follows:
|
15 | | (30 ILCS 500/45-105) |
16 | | Sec. 45-105. Bid preference for Illinois businesses. |
17 | | (a) (Blank). |
18 | | (b) It is hereby declared to be the public policy of the |
19 | | State of Illinois to promote the economy of Illinois through |
20 | | the use of Illinois businesses for all State construction |
21 | | contracts. |
22 | | (c) A construction agency, as defined in Section 1-15.25, |
23 | | Construction agencies procuring construction and |
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1 | | construction-related professional services shall make |
2 | | reasonable efforts to contract with Illinois businesses. |
3 | | (d) Each Beginning in 2022, each construction agency shall |
4 | | submit a report to the Governor and the General Assembly by |
5 | | December September 1 of each year that identifies the Illinois |
6 | | businesses procured by the construction agency, the primary |
7 | | location of the construction project, the percentage of the |
8 | | construction agency's utilization of Illinois businesses on |
9 | | the project as a whole, and the actions that the construction |
10 | | agency has undertaken to increase the use of Illinois |
11 | | businesses. |
12 | | (e) In procuring construction and construction-related |
13 | | professional services for projects with a total value that |
14 | | exceeds the small purchase maximum established by Section |
15 | | 20-20 of this Code, construction agencies shall provide a bid |
16 | | preference to a responsive and responsible bidder that is an |
17 | | Illinois business as defined in this Section. The construction |
18 | | agency shall allocate to the lowest bid by an Illinois |
19 | | business that is responsible and responsive a bid preference |
20 | | of 4% of the contract base bid. This subsection applies only to |
21 | | projects where a business that is not an Illinois business |
22 | | submits a bid. |
23 | | (f) This Section does not apply to any contract for any |
24 | | project for which federal funds are available for expenditure |
25 | | when its provisions may be in conflict with federal law or |
26 | | federal regulation. |
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1 | | (g) As used in this Section, "Illinois business" means a |
2 | | contractor that is operating and headquartered in Illinois and |
3 | | providing, at the time that an invitation for a bid or notice |
4 | | of contract opportunity is first advertised, construction or |
5 | | construction-related professional services, and is operating |
6 | | as: |
7 | | (1) a sole proprietor whose primary residence is in |
8 | | Illinois; |
9 | | (2) a business incorporated or organized as a domestic |
10 | | corporation under the Business Corporation Act of 1983; |
11 | | (3) a business organized as a domestic partnership |
12 | | under the Uniform Partnership Act of 1997; |
13 | | (4) a business organized as a domestic limited |
14 | | partnership under the Uniform Limited Partnership Act of |
15 | | 2001; |
16 | | (5) a business organized under the Limited Liability |
17 | | Company Act; or |
18 | | (6) a business organized under the Professional |
19 | | Limited Liability Company Act. |
20 | | "Illinois business" does not include any subcontractors. |
21 | | (Source: P.A. 102-721, eff. 1-1-23; 103-570, eff. 1-1-24.)
|
22 | | ARTICLE 70.
|
23 | | Section 70-5. The Governmental Joint Purchasing Act is |
24 | | amended by changing Section 4 as follows:
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1 | | (30 ILCS 525/4) (from Ch. 85, par. 1604) |
2 | | Sec. 4. Bids, offers, and small purchases. The purchases |
3 | | of all personal property, supplies and services under this |
4 | | Act, except for small purchases, shall be based on competitive |
5 | | solicitations unless, for purchases made pursuant to |
6 | | subsection (a) of Section 2 of this Act, it is the |
7 | | determination of the applicable chief procurement officer that |
8 | | it is impractical to obtain competition. Purchases pursuant to |
9 | | this Section shall follow the same procedures used for |
10 | | competitive solicitations made pursuant to the Illinois |
11 | | Procurement Code when the State is a party to the joint |
12 | | purchase. For purchases made pursuant to subsection (a) of |
13 | | Section 2 of this Act where the applicable chief procurement |
14 | | officer makes the determination that it is impractical to |
15 | | obtain competition, purchases shall either follow the same |
16 | | procedure used for sole source procurements in Section 20-25 |
17 | | of the Illinois Procurement Code or the same procedure used |
18 | | for emergency purchases in Section 20-30 of the Illinois |
19 | | Procurement Code. For purchases pursuant to subsection (a) of |
20 | | Section 2, bids and offers shall be solicited by public notice |
21 | | inserted at least once in a newspaper of general circulation |
22 | | in one of the counties where the materials are to be used and |
23 | | at least 5 calendar days before the final date of submitting |
24 | | bids or offers, except as otherwise provided in this Section. |
25 | | Where the State of Illinois is a party to the joint purchase |
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1 | | agreement, public notice soliciting the bids or offers shall |
2 | | be published in the appropriate volume of the Illinois |
3 | | Procurement Bulletin. Such notice shall include a general |
4 | | description of the supplies or services to be purchased and |
5 | | shall state where specifications may be obtained and the time |
6 | | and place for the opening of bids and offers. The governmental |
7 | | unit conducting the competitive procurement process may also |
8 | | solicit sealed bids or offers by sending requests by mail to |
9 | | potential contractors and by posting notices on a public |
10 | | bulletin board in its office. Small purchases pursuant to this |
11 | | Section shall follow the same procedure used for small |
12 | | purchases in Section 20-20 of the Illinois Procurement Code. |
13 | | All purchases, orders or contracts shall be awarded to the |
14 | | lowest responsible bidder or highest-ranked offeror, as ranked |
15 | | by the cooperative purchasing program, or, if not ranked by |
16 | | the cooperative purchasing program then by the purchasing |
17 | | governmental unit, when the purchasing governmental unit |
18 | | determines that the selected contract best meets the |
19 | | governmental unit's needs, taking into consideration the |
20 | | qualities of the articles or services supplied, their |
21 | | conformity with the specifications, their suitability to the |
22 | | requirements of the participating governmental units and the |
23 | | delivery terms. A governmental unit may purchase a supply or |
24 | | service that is available on contracts from multiple |
25 | | contractors if the governmental unit determines that the |
26 | | selected contract best meets the governmental unit's needs. |
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1 | | Where the State of Illinois is not a party, all bids or |
2 | | offers may be rejected and new bids or offers solicited if one |
3 | | or more of the participating governmental units believes the |
4 | | public interest may be served thereby. Each bid or offer, with |
5 | | the name of the bidder or offeror, shall be entered on a |
6 | | record, which record with the successful bid or offer, |
7 | | indicated thereon shall, after the award of the purchase or |
8 | | order or contract, be open to public inspection. A copy of all |
9 | | contracts shall be filed with the purchasing office or clerk |
10 | | or secretary of each participating governmental unit. |
11 | | (Source: P.A. 100-43, eff. 8-9-17.)
|
12 | | ARTICLE 75.
|
13 | | Section 75-5. The Commission on Equity and Inclusion Act |
14 | | is amended by changing Section 40-10 as follows:
|
15 | | (30 ILCS 574/40-10) |
16 | | Sec. 40-10. Powers and duties. In addition to the other |
17 | | powers and duties which may be prescribed in this Act or |
18 | | elsewhere, the Commission shall have the following powers and |
19 | | duties: |
20 | | (1) The Commission shall have a role in all State and |
21 | | university procurement by facilitating and streamlining |
22 | | communications between the Business Enterprise Council for |
23 | | Minorities, Women, and Persons with Disabilities, the |
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1 | | purchasing entities, the Chief Procurement Officers, and |
2 | | others. |
3 | | (2) The Commission may create a scoring evaluation for |
4 | | State agency directors, public university presidents and |
5 | | chancellors, and public community college presidents. The |
6 | | scoring shall be based on the following 3 principles: (i) |
7 | | increasing capacity; (ii) growing revenue; and (iii) |
8 | | enhancing credentials. These principles should be the |
9 | | foundation of the agency compliance plan required under |
10 | | Section 6 of the Business Enterprise for Minorities, |
11 | | Women, and Persons with Disabilities Act. |
12 | | (3) The Commission shall exercise the authority and |
13 | | duties provided to it under Section 5-7 of the Illinois |
14 | | Procurement Code. |
15 | | (4) The Commission, working with State agencies, shall |
16 | | provide support for diversity in State hiring. |
17 | | (5) The Commission shall supervise oversee the |
18 | | implementation and effectiveness of supplier diversity |
19 | | training of the State procurement workforce. |
20 | | (6) Each January, and as otherwise frequently as may |
21 | | be deemed necessary and appropriate by the Commission, the |
22 | | Commission shall propose and submit to the Governor and |
23 | | the General Assembly legislative changes to increase |
24 | | inclusion and diversity in State government. |
25 | | (7) The Commission shall have oversight over the |
26 | | following entities: |
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1 | | (A) the Illinois African-American Family |
2 | | Commission; |
3 | | (B) the Illinois Latino Family Commission; |
4 | | (C) the Asian American Family Commission; |
5 | | (D) the Illinois Muslim American Advisory Council; |
6 | | (E) the Illinois African-American Fair Contracting |
7 | | Commission created under Executive Order 2018-07; and |
8 | | (F) the Business Enterprise Council for |
9 | | Minorities, Women, and Persons with Disabilities. |
10 | | (8) The Commission shall adopt any rules necessary for |
11 | | the implementation and administration of the requirements |
12 | | of this Act. |
13 | | (9) The Commission shall exercise the authority and |
14 | | duties provided to it under Section 45-57 of the Illinois |
15 | | Procurement Code. |
16 | | (Source: P.A. 101-657, eff. 1-1-22; 102-29, eff. 6-25-21; |
17 | | 102-671, eff. 11-30-21.)
|
18 | | ARTICLE 80.
|
19 | | Section 80-5. The Metropolitan Pier and Exposition |
20 | | Authority Act is amended by changing Sections 24 and 25.4 as |
21 | | follows:
|
22 | | (70 ILCS 210/24) (from Ch. 85, par. 1244) |
23 | | Sec. 24. All contracts for the sale of property of the |
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1 | | value of more than $10,000 or for any concession in or lease of |
2 | | property of the Authority for a term of more than one year |
3 | | shall be awarded to the highest responsible bidder, after |
4 | | advertising for bids, except as may be otherwise authorized by |
5 | | this Act. All construction contracts , when the cost will |
6 | | exceed $30,000, and contracts for supplies, materials, |
7 | | equipment and services, when the cost thereof will exceed |
8 | | $100,000 $10,000 , shall be let to the lowest responsible |
9 | | bidder, after advertising for bids, excepting (1) when repair |
10 | | parts, accessories, equipment or services are required for |
11 | | equipment or services previously furnished or contracted for, |
12 | | (2) professional services contracted for in accordance with |
13 | | Section 25.1 of this Act, (3) when services such as water, |
14 | | light, heat, power, telephone (other than long-distance |
15 | | service) or telegraph are required, (4) when contracts for the |
16 | | use, purchase, delivery, movement, or installation of data |
17 | | processing equipment, software, or services and |
18 | | telecommunications equipment, software, and services are |
19 | | required, and (5) when the immediate delivery of supplies, |
20 | | materials, equipment, or services is required and (i) the |
21 | | chief executive officer determines that an emergency situation |
22 | | exists; (ii) the contract accepted is based on the lowest |
23 | | responsible bid after the Authority has made a diligent effort |
24 | | to solicit multiple bids by telephone, facsimile, or other |
25 | | efficient means; and (iii) the chief executive officer submits |
26 | | a report at the next regular Board meeting, to be ratified by |
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1 | | the Board and entered into the official record, stating the |
2 | | chief executive officer's reason for declaring an emergency |
3 | | situation, the names of the other parties solicited and their |
4 | | bids, and a copy of the contract awarded. |
5 | | All construction contracts involving less than $30,000 and |
6 | | all other contracts involving less than $100,000 $10,000 shall |
7 | | be let by competitive bidding whenever possible, and in any |
8 | | event in a manner calculated to insure the best interests of |
9 | | the public. |
10 | | Each bidder shall disclose in his bid the name of each |
11 | | individual having a beneficial interest, directly or |
12 | | indirectly, of more than 7 1/2% in such bidding entity and, if |
13 | | such bidding entity is a corporation, the names of each of its |
14 | | officers and directors. The bidder shall notify the Board of |
15 | | any changes in its ownership or its officers or directors at |
16 | | the time such changes occur if the change occurs during the |
17 | | pendency of a proposal or a contract. |
18 | | In determining the responsibility of any bidder, the Board |
19 | | may take into account past record of dealings with the bidder, |
20 | | experience, adequacy of equipment, ability to complete |
21 | | performance within the time set, and other factors besides |
22 | | financial responsibility, but in no case shall any such |
23 | | contracts be awarded to any other than the highest bidder (in |
24 | | case of sale or concession or lease) or the lowest bidder (in |
25 | | case of purchase or expenditure) unless authorized or approved |
26 | | by a vote of at least three-fourths of the members of the |
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1 | | Board, and unless such action is accompanied by a statement in |
2 | | writing setting forth the reasons for not awarding the |
3 | | contract to the highest or lowest bidder, as the case may be, |
4 | | which statement shall be kept on file in the principal office |
5 | | of the Authority and open to public inspection. |
6 | | From the group of responsible bidders the lowest bidder |
7 | | shall be selected in the following manner: to all bids for |
8 | | sales the gross receipts of which are not taxable under the |
9 | | "Retailers' Occupation Tax Act", approved June 28, 1933, as |
10 | | amended, there shall be added an amount equal to the tax which |
11 | | would be payable under said Act, if applicable, and the lowest |
12 | | in amount of said adjusted bids and bids for sales the gross |
13 | | receipts of which are taxable under said Act shall be |
14 | | considered the lowest bid; provided, that, if said lowest bid |
15 | | relates to a sale not taxable under said Act, any contract |
16 | | entered into thereon shall be in the amount of the original bid |
17 | | not adjusted as aforesaid. |
18 | | Contracts shall not be split into parts involving |
19 | | expenditures of less than $100,000 $10,000 (or $30,000 in the |
20 | | case of construction contracts) for the purposes of avoiding |
21 | | the provisions of this Section, and all such split contracts |
22 | | shall be void. If any collusion occurs among bidders or |
23 | | prospective bidders in restraint of freedom of competition, by |
24 | | agreement to bid a fixed amount or to refrain from bidding, or |
25 | | otherwise, the bids of such bidders shall be void. Each bidder |
26 | | shall accompany his bid with a sworn statement that he has not |
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1 | | been a party to any such agreement. |
2 | | The Board shall have the right to reject all bids and to |
3 | | readvertise for bids. If after any such readvertisement no |
4 | | responsible and satisfactory bid, within the terms of the |
5 | | advertisement, shall be received, the Board may award such |
6 | | contract without competitive bidding, provided that it shall |
7 | | not be less advantageous to the Authority than any valid bid |
8 | | received pursuant to advertisement. |
9 | | The Board shall adopt rules and regulations of general |
10 | | application within 90 days of the effective date of this |
11 | | amendatory Act of 1985 to carry into effect the provisions of |
12 | | this Section. |
13 | | (Source: P.A. 91-422, eff. 1-1-00.)
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14 | | (70 ILCS 210/25.4) |
15 | | Sec. 25.4. Contracts for professional services. |
16 | | (a) When the Authority proposes to enter into a contract |
17 | | or agreement for professional services, other than the |
18 | | marketing agreement required in Section 5.6, the Authority |
19 | | shall use a request for proposal process in accordance with |
20 | | the Illinois Procurement Code. |
21 | | (b) Any person that submits a response to a request for |
22 | | proposals under this Section shall disclose in the response |
23 | | the name of each individual having a beneficial interest |
24 | | directly or indirectly of more than 7 1/2% in such person and, |
25 | | if such person is a corporation, the names of each of its |
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1 | | officers and directors. The person shall notify the Board of |
2 | | any changes in its ownership or its officers or directors at |
3 | | the time such changes occur if the change occurs during the |
4 | | pendency of a proposal or a contract. |
5 | | (c) All contracts and agreements under this Section shall |
6 | | be authorized and approved by the Board and shall be set forth |
7 | | in a writing executed by the contractor and the Authority. No |
8 | | payment shall be made under this Section until a written |
9 | | contract or agreement shall be so authorized, approved, and |
10 | | executed. A copy of each contract or agreement (whether or not |
11 | | exempted under this Section) and the response, if any, to the |
12 | | request for proposals upon which the contract was awarded must |
13 | | be filed with the Secretary of the Authority and is required to |
14 | | be open for public inspection. |
15 | | (d) This Section applies to (i) contracts in excess of |
16 | | $25,000 for architectural, engineering, or land surveying |
17 | | services provided to the Authority; (ii) (i) contracts in |
18 | | excess of $100,000 $25,000 for other professional services |
19 | | provided to the Authority, including the services of |
20 | | accountants, architects, attorneys, engineers, physicians, |
21 | | superintendents of construction, financial advisors, bond |
22 | | trustees, and other similar professionals possessing a high |
23 | | degree of skill ; and (iii) (ii) contracts or bond purchase |
24 | | agreements in excess of $10,000 with underwriters or |
25 | | investment bankers with respect to sale of the Authority's |
26 | | bonds under this Act. This Section shall not apply to |
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1 | | contracts for professional services to be provided by, or the |
2 | | agreement is with, a State agency, federal agency, or unit of |
3 | | local government. |
4 | | (Source: P.A. 96-898, eff. 5-27-10; 96-899, eff. 5-28-10.)
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5 | | ARTICLE 85.
|
6 | | Section 85-5. The Public-Private Partnerships for |
7 | | Transportation Act is amended by changing Sections 10, 15, 19, |
8 | | and 35 as follows:
|
9 | | (630 ILCS 5/10) |
10 | | Sec. 10. Definitions. As used in this Act: |
11 | | "Approved proposal" means the proposal that is approved by |
12 | | the responsible public entity pursuant to subsection (j) of |
13 | | Section 20 of this Act. |
14 | | "Approved proposer" means the private entity whose |
15 | | proposal is the approved proposal. |
16 | | "Authority" means the Illinois State Toll Highway |
17 | | Authority. |
18 | | "Contractor" means a private entity that has entered into |
19 | | a public-private agreement with the responsible public entity |
20 | | to provide services to or on behalf of the responsible public |
21 | | entity. |
22 | | "Department" means the Illinois Department of |
23 | | Transportation. |
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1 | | "Design-build agreement" means the agreement between the |
2 | | selected private entity and the responsible public entity |
3 | | under which the selected private entity agrees to furnish |
4 | | design, construction, and related services for a |
5 | | transportation facility under this Act. |
6 | | "Develop" or "development" means to do one or more of the |
7 | | following: plan, design, develop, lease, acquire, install, |
8 | | construct, reconstruct, rehabilitate, extend, or expand. |
9 | | "Maintain" or "maintenance" includes ordinary maintenance, |
10 | | repair, rehabilitation, capital maintenance, maintenance |
11 | | replacement, and any other categories of maintenance that may |
12 | | be designated by the responsible public entity. |
13 | | "Operate" or "operation" means to do one or more of the |
14 | | following: maintain, improve, equip, modify, or otherwise |
15 | | operate. |
16 | | "Private entity" means any combination of one or more |
17 | | individuals, corporations, general partnerships, limited |
18 | | liability companies, limited partnerships, joint ventures, |
19 | | business trusts, nonprofit entities, or other business |
20 | | entities that are parties to a proposal for a transportation |
21 | | project or an agreement related to a transportation project. A |
22 | | public agency may provide services to a contractor as a |
23 | | subcontractor or subconsultant without affecting the private |
24 | | status of the private entity and the ability to enter into a |
25 | | public-private agreement. A transportation agency is not a |
26 | | private entity. |
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1 | | "Proposal" means all materials and documents prepared by |
2 | | or on behalf of a private entity relating to the proposed |
3 | | development, financing, or operation of a transportation |
4 | | facility as a transportation project. |
5 | | "Proposer" means a private entity that has submitted an |
6 | | unsolicited proposal for a public-private agreement to a |
7 | | responsible public entity under this Act or a proposal or |
8 | | statement of qualifications for a public-private agreement in |
9 | | response to a request for proposals or a request for |
10 | | qualifications issued by a responsible public entity under |
11 | | this Act. |
12 | | "Public-private agreement" means the public-private |
13 | | agreement between the contractor and the responsible public |
14 | | entity relating to one or more of the development, financing, |
15 | | or operation of a transportation project that is entered into |
16 | | under this Act. |
17 | | "Request for information" means all materials and |
18 | | documents prepared by or on behalf of the responsible public |
19 | | entity to solicit information from private entities with |
20 | | respect to transportation projects. |
21 | | "Request for proposals" means all materials and documents |
22 | | prepared by or on behalf of the responsible public entity to |
23 | | solicit proposals from private entities to enter into a |
24 | | public-private agreement. |
25 | | "Request for qualifications" means all materials and |
26 | | documents prepared by or on behalf of the responsible public |
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1 | | entity to solicit statements of qualification from private |
2 | | entities to enter into a public-private agreement. |
3 | | "Responsible public entity" means the Department of |
4 | | Transportation, the Illinois State Toll Highway Authority , and |
5 | | the 5 most populous counties of Illinois, as of the most recent |
6 | | publicly available decennial census . |
7 | | "Revenues" means all revenues, including any combination |
8 | | of: income; earnings and interest; user fees; lease payments; |
9 | | allocations; federal, State, and local appropriations, grants, |
10 | | loans, lines of credit, and credit guarantees; bond proceeds; |
11 | | equity investments; service payments; or other receipts; |
12 | | arising out of or in connection with a transportation project, |
13 | | including the development, financing, and operation of a |
14 | | transportation project. The term includes money received as |
15 | | grants, loans, lines of credit, credit guarantees, or |
16 | | otherwise in aid of a transportation project from the federal |
17 | | government, the State, a unit of local government, or any |
18 | | agency or instrumentality of the federal government, the |
19 | | State, or a unit of local government. |
20 | | "Shortlist" means the process by which a responsible |
21 | | public entity will review, evaluate, and rank statements of |
22 | | qualifications submitted in response to a request for |
23 | | qualifications and then identify the proposers who are |
24 | | eligible to submit a detailed proposal in response to a |
25 | | request for proposals. The identified proposers constitute the |
26 | | shortlist for the transportation project to which the request |
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1 | | for proposals relates. |
2 | | "Transportation agency" means (i) the Department or (ii) |
3 | | the Authority. |
4 | | "Transportation facility" means any new or existing road, |
5 | | highway, toll highway, bridge, tunnel, intermodal facility, |
6 | | intercity or high-speed passenger rail, or other |
7 | | transportation facility or infrastructure, excluding airports, |
8 | | under the jurisdiction of a responsible public entity, except |
9 | | those facilities for the Illiana Expressway. The term |
10 | | "transportation facility" may refer to one or more |
11 | | transportation facilities that are proposed to be developed or |
12 | | operated as part of a single transportation project. |
13 | | "Transportation project" or "project" means any or the |
14 | | combination of the design, development, construction, |
15 | | financing, or operation with respect to all or a portion of any |
16 | | transportation facility under the jurisdiction of the |
17 | | responsible public entity, except those facilities for the |
18 | | Illiana Expressway, undertaken pursuant to this Act. |
19 | | "Unit of local government" has the meaning ascribed to |
20 | | that term in Article VII, Section 1 of the Constitution of the |
21 | | State of Illinois and also means any unit designated as a |
22 | | municipal corporation. |
23 | | "Unsolicited proposal" means a written proposal that is |
24 | | submitted to a transportation agency responsible public entity |
25 | | on the initiative of the private sector entity or entities for |
26 | | the purpose of developing a partnership, and that is not in |
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1 | | response to a formal or informal request issued by a |
2 | | transportation agency responsible public entity . |
3 | | "User fees" or "tolls" means the rates, tolls, fees, or |
4 | | other charges imposed by the contractor for use of all or a |
5 | | portion of a transportation project under a public-private |
6 | | agreement. |
7 | | (Source: P.A. 103-570, eff. 1-1-24.)
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8 | | (630 ILCS 5/15) |
9 | | Sec. 15. Formation of public-private agreements; project |
10 | | planning. |
11 | | (a) Each responsible public entity may exercise the powers |
12 | | granted by this Act to do some or all to design, develop, |
13 | | construct, finance, and operate any part of one or more |
14 | | transportation projects through public-private agreements with |
15 | | one or more private entities, except for transportation |
16 | | projects for the Illiana Expressway as defined in the Public |
17 | | Private Agreements for the Illiana Expressway Act. The net |
18 | | proceeds, if any, arising out of a transportation project or |
19 | | public-private agreement undertaken by the Department pursuant |
20 | | to this Act shall be deposited into the Public-Private |
21 | | Partnerships for Transportation Fund. The net proceeds arising |
22 | | out of a transportation project or public-private agreement |
23 | | undertaken by the Authority pursuant to this Act shall be |
24 | | deposited into the Illinois State Toll Highway Authority Fund |
25 | | and shall be used only as authorized by Section 23 of the Toll |
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1 | | Highway Act. |
2 | | (b) The Authority may enter into a public-private |
3 | | partnership to design, develop, construct, finance, and |
4 | | operate new toll highways authorized by the Governor and the |
5 | | General Assembly pursuant to Section 14.1 of the Toll Highway |
6 | | Act, non-highway transportation projects on the toll highway |
7 | | system such as commuter rail or high-speed rail lines, and |
8 | | intelligent transportation infrastructure that will enhance |
9 | | the safety, efficiency, and environmental quality of the toll |
10 | | highway system. The Authority may operate or provide |
11 | | operational services such as toll collection on highways which |
12 | | are developed or financed, or both, through a public-private |
13 | | agreement entered into by another public entity, under an |
14 | | agreement with the public entity or contractor responsible for |
15 | | the transportation project. |
16 | | (c) A contractor has: |
17 | | (1) all powers allowed by law generally to a private |
18 | | entity having the same form of organization as the |
19 | | contractor; and |
20 | | (2) the power to develop, finance, and operate the |
21 | | transportation facility and to impose user fees in |
22 | | connection with the use of the transportation facility, |
23 | | subject to the terms of the public-private agreement. |
24 | | No tolls or user fees may be imposed by the contractor |
25 | | except as set forth in a public-private agreement. |
26 | | (d) Prior to commencing the procurement process under an |
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1 | | unsolicited proposal or the issuance of any request for |
2 | | qualifications or request for proposals with respect to any |
3 | | potential project undertaken by a responsible public entity |
4 | | pursuant to Section 19 or 20 of this Act, the commencement of a |
5 | | procurement process for that particular potential project |
6 | | shall be authorized by joint resolution of the General |
7 | | Assembly. |
8 | | (e) (Blank). |
9 | | (f) Any project undertaken under this Act shall be subject |
10 | | to all applicable planning requirements otherwise required by |
11 | | law, including land use planning, regional planning, |
12 | | transportation planning, and environmental compliance |
13 | | requirements. |
14 | | (g) (Blank). |
15 | | (h) The responsible public entity shall hold one or more |
16 | | public hearings before entering into negotiations with a |
17 | | proposer following its submittals to the General Assembly |
18 | | under subsection (d) of this Section . These public hearings |
19 | | shall address any potential project that the responsible |
20 | | public entity submitted to the General Assembly for review |
21 | | under subsection (d). The responsible public entity shall |
22 | | publish a notice of the hearing or hearings at least 7 days |
23 | | before a hearing takes place, and shall include the following |
24 | | in the notice: (i) the date, time, and place of the hearing and |
25 | | the address of the responsible public entity; (ii) a brief |
26 | | description of the potential projects that the responsible |
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1 | | public entity is considering undertaking; and (iii) a |
2 | | statement that the public may comment on the potential |
3 | | projects. |
4 | | (i) Each year, at least 30 days prior to the beginning of |
5 | | the transportation agency's fiscal year, the transportation |
6 | | agency shall submit a description of potential projects that |
7 | | the transportation agency is considering undertaking under |
8 | | this Act to each county, municipality, and metropolitan |
9 | | planning organization, with respect to each project located |
10 | | within its boundaries. |
11 | | (j) A new transportation facility developed as a project |
12 | | under this Act must be consistent with the regional plan then |
13 | | in existence of a metropolitan planning organization in whose |
14 | | boundaries the project is located. |
15 | | (Source: P.A. 103-570, eff. 1-1-24.)
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16 | | (630 ILCS 5/19) |
17 | | Sec. 19. Unsolicited proposals. |
18 | | (a) A transportation agency responsible public entity may |
19 | | receive unsolicited proposals for a project and may thereafter |
20 | | enter into a public-private agreement with a private entity, |
21 | | or a consortium of private entities, for the design, |
22 | | construction, upgrading, operating, ownership, or financing of |
23 | | facilities. |
24 | | (b) A transportation agency responsible public entity may |
25 | | consider, evaluate, and accept an unsolicited proposal for a |
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1 | | public-private partnership project from a private entity if |
2 | | the proposal: |
3 | | (1) is independently developed and drafted by the |
4 | | proposer without transportation agency responsible public |
5 | | entity supervision; |
6 | | (2) shows that the proposed project could benefit the |
7 | | transportation system; |
8 | | (3) includes a financing plan to allow the project to |
9 | | move forward pursuant to the applicable transportation |
10 | | agency's responsible public entity's budget and finance |
11 | | requirements; and |
12 | | (4) includes sufficient detail and information for the |
13 | | transportation agency responsible public entity to |
14 | | evaluate the proposal in an objective and timely manner |
15 | | and permit a determination that the project would be |
16 | | worthwhile. |
17 | | (c) The unsolicited proposal shall include the following: |
18 | | (1) an executive summary covering the major elements |
19 | | of the proposal; |
20 | | (2) qualifications concerning the experience, |
21 | | expertise, technical competence, and qualifications of the |
22 | | private entity and of each member of its management team |
23 | | and of other key employees, consultants, and |
24 | | subcontractors, including the name, address, and |
25 | | professional designation; |
26 | | (3) a project description, including, when applicable: |
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1 | | (A) the limits, scope, and location of the |
2 | | proposed project; |
3 | | (B) right-of-way requirements; |
4 | | (C) connections with other facilities and |
5 | | improvements to those facilities necessary if the |
6 | | project is developed; |
7 | | (D) a conceptual project design; and |
8 | | (E) a statement of the project's relationship to |
9 | | and impact upon relevant existing plans of the |
10 | | transportation agency responsible public entity ; |
11 | | (4) a facilities project schedule, including when |
12 | | applicable, estimates of: |
13 | | (A) dates of contract award; |
14 | | (B) start of construction; |
15 | | (C) completion of construction; |
16 | | (D) start of operations; and |
17 | | (E) major maintenance or reconstruction activities |
18 | | during the life of the proposed project agreement; |
19 | | (5) an operating plan describing the operation of the |
20 | | completed facility if operation of a facility is part of |
21 | | the proposal, describing the management structure and |
22 | | approach, the proposed period of operations, enforcement, |
23 | | emergency response, and other relevant information; |
24 | | (6) a finance plan describing the proposed financing |
25 | | of the project, identifying the source of funds to, where |
26 | | applicable, design, construct, maintain, and manage the |
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1 | | project during the term of the proposed contract; and |
2 | | (7) the legal basis for the project and licenses and |
3 | | certifications; the private entity must demonstrate that |
4 | | it has all licenses and certificates necessary to complete |
5 | | the project. |
6 | | (c-5) A transportation agency shall develop rules for |
7 | | receiving, reviewing, and implementing unsolicited proposals |
8 | | as outlined in this Section. A transportation agency shall |
9 | | submit these rules for the First Notice period within one year |
10 | | after the effective date of this amendatory Act of the 103rd |
11 | | General Assembly. A transportation agency shall not receive |
12 | | unsolicited proposals until rules are adopted. |
13 | | (c-10) A transportation agency shall receive unsolicited |
14 | | proposals no more than every 2 years for a time frame of no |
15 | | more than 90 days. |
16 | | (c-15) A nonnegotiable proposal review fee of $25,000 |
17 | | shall be required for an unsolicited proposal submitted under |
18 | | this Act. A proposal review fee that is submitted with a |
19 | | proposal for a project that is not an eligible project, or that |
20 | | the Department is not otherwise legally authorized to accept, |
21 | | shall be returned to the proposer. All other proposal review |
22 | | fees are nonrefundable. |
23 | | (d) Within 120 days after receiving an unsolicited |
24 | | proposal, the transportation agency responsible public entity |
25 | | shall complete a preliminary evaluation of the unsolicited |
26 | | proposal and shall either : |
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1 | | (1) if the preliminary evaluation is unfavorable, |
2 | | return the proposal without further action; |
3 | | (2) if the preliminary evaluation is favorable, notify |
4 | | the proposer that the transportation agency responsible |
5 | | public entity will further evaluate the proposal; or |
6 | | (3) request amendments, clarification, or modification |
7 | | of the unsolicited proposal. |
8 | | (e) The procurement process for unsolicited proposals |
9 | | shall be as follows: |
10 | | (1) If the transportation agency responsible public |
11 | | entity chooses to further evaluate an unsolicited proposal |
12 | | with the intent to enter into a public-private agreement |
13 | | for the proposed project, then the transportation agency |
14 | | responsible public entity shall publish notice in its |
15 | | regular online publication for relevant procurements the |
16 | | Illinois Procurement Bulletin or in a newspaper of general |
17 | | circulation covering the location of the project at least |
18 | | once a week for 2 weeks stating that the transportation |
19 | | agency responsible public entity has received a proposal |
20 | | and will accept other proposals for the same project. The |
21 | | time frame within which the transportation agency |
22 | | responsible public entity may accept other proposals shall |
23 | | be determined by the transportation agency responsible |
24 | | public entity on a project-by-project basis based upon the |
25 | | complexity of the transportation project and the public |
26 | | benefit to be gained by allowing a longer or shorter |
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1 | | period of time within which other proposals may be |
2 | | received; however, the time frame for allowing other |
3 | | proposals must be at least 21 days, but no more than 120 |
4 | | days, after the initial date of publication. |
5 | | (2) A copy of the notice must be mailed to each local |
6 | | government directly affected by the transportation |
7 | | project. |
8 | | (3) The transportation agency responsible public |
9 | | entity shall provide reasonably sufficient information, |
10 | | including the identity of its contact person, to enable |
11 | | other private entities to make proposals. |
12 | | (4) If, after no less than 120 days, no |
13 | | counterproposal is received, or if the counterproposals |
14 | | are evaluated and found to be equal to or inferior to the |
15 | | original unsolicited proposal, the transportation agency |
16 | | responsible public entity may proceed to negotiate a |
17 | | contract with the original proposer. |
18 | | (5) If, after no less than 120 days, one or more |
19 | | counterproposals meeting unsolicited proposal standards |
20 | | are received, and if, in the opinion of the transportation |
21 | | agency responsible public entity , the counterproposals are |
22 | | evaluated and found to be superior to the original |
23 | | unsolicited proposal, the transportation agency |
24 | | responsible public entity shall proceed to determine the |
25 | | successful participant through a final procurement phase |
26 | | known as "Best and Final Offer" (BAFO). The BAFO is a |
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1 | | process whereby a transportation agency responsible public |
2 | | entity shall invite the original private sector party and |
3 | | the proponent submitting the superior counterproposal to |
4 | | engage in a BAFO phase. The invitation to participate in |
5 | | the BAFO phase will provide to each participating |
6 | | proposer: |
7 | | (A) the general concepts that were considered |
8 | | superior to the original proposal, while keeping |
9 | | proprietary information contained in the proposals |
10 | | confidential to the extent possible; and |
11 | | (B) the preestablished evaluation criteria or the |
12 | | "basis of award" to be used to determine the |
13 | | successful proponent. |
14 | | (6) Offers received in response to the BAFO invitation |
15 | | will be reviewed by the transportation agency responsible |
16 | | public entity and scored in accordance with a |
17 | | preestablished criteria, or alternatively, in accordance |
18 | | with the basis of award provision identified through the |
19 | | BAFO process. The successful proponent will be the |
20 | | proponent offering "best value" to the transportation |
21 | | agency responsible public entity . |
22 | | (7) In all cases, the basis of award will be the best |
23 | | value to the transportation agency responsible public |
24 | | entity , as determined by the transportation agency |
25 | | responsible public entity . |
26 | | (f) After a comprehensive evaluation and acceptance of an |
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1 | | unsolicited proposal and any alternatives, the transportation |
2 | | agency must provide public notice of the proposal to members |
3 | | of impacted communities meeting the following criteria: |
4 | | responsible public entity |
5 | | (1) Public notice shall be meaningful, timely, and |
6 | | effective public notice of a proposal to members of |
7 | | impacted communities, accounting for linguistic needs and |
8 | | other relevant characteristics, and provide meaningful |
9 | | opportunity for public comment on a proposal. |
10 | | (2) The public notice and project application shall be |
11 | | translated into non-English languages in impacted |
12 | | communities where a language other than English is widely |
13 | | spoken. |
14 | | (3) The notice must, at a minimum, include all of the |
15 | | following: |
16 | | (A) the name of the applicant; |
17 | | (B) the location of the use; |
18 | | (C) a brief description of the use and its |
19 | | impacts; and |
20 | | (D) a link to a website where the application and |
21 | | more detailed information on the use and its impacts |
22 | | can be found. |
23 | | (4) The notice shall be written at a third or fourth |
24 | | grade reading level to ensure ease of understanding for |
25 | | all members of the public. |
26 | | (f-5) The transportation agency shall provide an |
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1 | | opportunity for public comment, which must, at a minimum, |
2 | | include one public meeting within an impacted community. The |
3 | | notice of a public meeting required under this subsection must |
4 | | include: |
5 | | (1) the date, time, and location of the public meeting |
6 | | required under this Section; |
7 | | (2) the date and time of all public meetings regarding |
8 | | the project; |
9 | | (3) where to access the project description required |
10 | | under paragraph (3) of subsection (c), if applicable; |
11 | | (4) the expected location of the project associated |
12 | | construction duration; and |
13 | | (5) a non-English version of the notice if 10% or more |
14 | | of the local population speaks a primary language other |
15 | | than English, which shall reflect the prevalent languages |
16 | | of the non-English speaking residents in that area. |
17 | | The public meeting is subject to the following rules: |
18 | | (1) The public meeting must begin after 5:00 p.m. and |
19 | | be located at a venue that is in a location within an |
20 | | impacted equity investment community and easily accessible |
21 | | to residents of other impacted equity investment eligible |
22 | | communities. |
23 | | (2) The public meeting must be at a venue that is |
24 | | accessible to persons with disabilities and the owner or |
25 | | operator of the venue must provide reasonable |
26 | | accommodations, as defined in the Americans with |
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1 | | Disabilities Act, upon request. |
2 | | (3) The transportation agency must provide translation |
3 | | services during a public meeting if a proposed project is |
4 | | located in an area in which 10% or more of the local |
5 | | population speaks a primary language other than English, |
6 | | if requested by a non-English speaking member of the |
7 | | public. |
8 | | During a public meeting, a proposer must: |
9 | | (1) present the schedule and process for the project; |
10 | | (2) include a question-and-answer portion of the |
11 | | meeting to allow the public to ask questions; and |
12 | | (3) ensure that representatives that speak on behalf |
13 | | of the contractor are qualified and knowledgeable on the |
14 | | subject matter to answer questions posed by the public. |
15 | | The transportation agency shall have a representative |
16 | | present at the public meeting who is familiar with the |
17 | | proposed project. The transportation agency must create a |
18 | | meeting summary, including issues raised by the public, and |
19 | | respond to all questions in writing no later than 14 days after |
20 | | the meeting. The transportation agency shall post the summary |
21 | | and responses to the transportation agency's publicly |
22 | | accessible website and advise the telephone, email, and text |
23 | | lists along with the meeting summary document. The |
24 | | transportation agency shall ensure that the public meeting is |
25 | | made available to watch and participate in a meaningful way |
26 | | online and recorded. The recording shall be made available on |
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1 | | a publicly accessible website. |
2 | | After the public notice requirements are completed, the |
3 | | transportation agency may commence negotiations with a |
4 | | proposer, considering: |
5 | | (1) the proposal has received a favorable |
6 | | comprehensive evaluation; |
7 | | (2) the proposal is not duplicative of existing |
8 | | infrastructure project; |
9 | | (3) the alternative proposal does not closely resemble |
10 | | a pending competitive proposal for a public-private |
11 | | private partnership or other procurement; |
12 | | (4) the proposal demonstrates a unique method, |
13 | | approach, or concept; |
14 | | (5) facts and circumstances that preclude or warrant |
15 | | additional competition; |
16 | | (6) the availability of any funds, debts, or assets |
17 | | that the State will contribute to the project; |
18 | | (7) facts and circumstances demonstrating that the |
19 | | project will likely have a significant adverse impact on |
20 | | on State bond ratings; and |
21 | | (8) indemnifications included in the proposal. |
22 | | (Source: P.A. 103-570, eff. 1-1-24; revised 1-3-24.)
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23 | | (630 ILCS 5/35) |
24 | | Sec. 35. Public-private agreements. |
25 | | (a) A responsible public entity may enter into |
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1 | | public-private agreements as outlined in this Section. The |
2 | | transportation agency may receive unsolicited proposals to |
3 | | enter into public-private agreements as outlined in Section |
4 | | 19. |
5 | | (a-5) (a) Unless undertaking actions otherwise permitted |
6 | | in an interim agreement entered into under Section 30 of this |
7 | | Act, before developing, financing, or operating the |
8 | | transportation project, the approved proposer shall enter into |
9 | | a public-private agreement with the responsible public entity |
10 | | transportation agency . Subject to the requirements of this |
11 | | Act, a public-private agreement may provide that the approved |
12 | | proposer, acting on behalf of the responsible public entity, |
13 | | is partially or entirely responsible for any combination of |
14 | | developing, financing, or operating the transportation project |
15 | | under terms set forth in the public-private agreement. |
16 | | (b) The public-private agreement may, as determined |
17 | | appropriate by the responsible public entity for the |
18 | | particular transportation project, provide for some or all of |
19 | | the following: |
20 | | (1) Development, financing, and operation of the |
21 | | transportation project under terms set forth in the |
22 | | public-private agreement, in any form as deemed |
23 | | appropriate by the responsible public entity, including, |
24 | | but not limited to, a long-term concession and lease, a |
25 | | design-bid-build agreement, a design-build agreement, a |
26 | | design-build-maintain agreement, a design-build-finance |
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1 | | agreement, a design-build-operate-maintain agreement and a |
2 | | design-build-finance-operate-maintain agreement. |
3 | | (2) Delivery of performance and payment bonds or other |
4 | | performance security determined suitable by the |
5 | | responsible public entity, including letters of credit, |
6 | | United States bonds and notes, parent guaranties, and cash |
7 | | collateral, in connection with the development, financing, |
8 | | or operation of the transportation project, in the forms |
9 | | and amounts set forth in the public-private agreement or |
10 | | otherwise determined as satisfactory by the responsible |
11 | | public entity to protect the responsible public entity and |
12 | | payment bond beneficiaries who have a direct contractual |
13 | | relationship with the contractor or a subcontractor of the |
14 | | contractor to supply labor or material. The payment or |
15 | | performance bond or alternative form of performance |
16 | | security is not required for the portion of a |
17 | | public-private agreement that includes only design, |
18 | | planning, or financing services, the performance of |
19 | | preliminary studies, or the acquisition of real property. |
20 | | (3) Review of plans for any development or operation, |
21 | | or both, of the transportation project by the responsible |
22 | | public entity. |
23 | | (4) Inspection of any construction of or improvements |
24 | | to the transportation project by the responsible public |
25 | | entity or another entity designated by the responsible |
26 | | public entity or under the public-private agreement to |
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1 | | ensure that the construction or improvements conform to |
2 | | the standards set forth in the public-private agreement or |
3 | | are otherwise acceptable to the responsible public entity. |
4 | | (5) Maintenance of: |
5 | | (A) one or more policies of public liability |
6 | | insurance (copies of which shall be filed with the |
7 | | responsible public entity accompanied by proofs of |
8 | | coverage); or |
9 | | (B) self-insurance; |
10 | | each in form and amount as set forth in the public-private |
11 | | agreement or otherwise satisfactory to the responsible |
12 | | public entity as reasonably sufficient to insure coverage |
13 | | of tort liability to the public and employees and to |
14 | | enable the continued operation of the transportation |
15 | | project. |
16 | | (6) Where operations are included within the |
17 | | contractor's obligations under the public-private |
18 | | agreement, monitoring of the maintenance practices of the |
19 | | contractor by the responsible public entity or another |
20 | | entity designated by the responsible public entity or |
21 | | under the public-private agreement and the taking of the |
22 | | actions the responsible public entity finds appropriate to |
23 | | ensure that the transportation project is properly |
24 | | maintained. |
25 | | (7) Reimbursement to be paid to the responsible public |
26 | | entity as set forth in the public-private agreement for |
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1 | | services provided by the responsible public entity. |
2 | | (8) Filing of appropriate financial statements and |
3 | | reports as set forth in the public-private agreement or as |
4 | | otherwise in a form acceptable to the responsible public |
5 | | entity on a periodic basis. |
6 | | (9) Compensation or payments to the contractor. |
7 | | Compensation or payments may include any or a combination |
8 | | of the following: |
9 | | (A) a base fee and additional fee for project |
10 | | savings as the design-builder of a construction |
11 | | project; |
12 | | (B) a development fee, payable on a lump sum |
13 | | lump-sum basis, progress payment basis, time and |
14 | | materials basis, or another basis deemed appropriate |
15 | | by the responsible public entity; |
16 | | (C) an operations fee, payable on a lump sum |
17 | | lump-sum basis, time and material basis, periodic |
18 | | basis, or another basis deemed appropriate by the |
19 | | responsible public entity; |
20 | | (D) some or all of the revenues, if any, arising |
21 | | out of operation of the transportation project; |
22 | | (E) a maximum rate of return on investment or |
23 | | return on equity or a combination of the two; |
24 | | (F) in-kind services, materials, property, |
25 | | equipment, or other items; |
26 | | (G) compensation in the event of any termination; |
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1 | | (H) availability payments or similar arrangements |
2 | | whereby payments are made to the contractor pursuant |
3 | | to the terms set forth in the public-private agreement |
4 | | or related agreements; or |
5 | | (I) other compensation set forth in the |
6 | | public-private agreement or otherwise deemed |
7 | | appropriate by the responsible public entity. |
8 | | (10) Compensation or payments to the responsible |
9 | | public entity, if any. Compensation or payments may |
10 | | include any or a combination of the following: |
11 | | (A) a concession or lease payment or other fee, |
12 | | which may be payable upfront or on a periodic basis or |
13 | | on another basis deemed appropriate by the responsible |
14 | | public entity; |
15 | | (B) sharing of revenues, if any, from the |
16 | | operation of the transportation project; |
17 | | (C) sharing of project savings from the |
18 | | construction of the transportation project; |
19 | | (D) payment for any services, materials, |
20 | | equipment, personnel, or other items provided by the |
21 | | responsible public entity to the contractor under the |
22 | | public-private agreement or in connection with the |
23 | | transportation project; or |
24 | | (E) other compensation set forth in the |
25 | | public-private agreement or otherwise deemed |
26 | | appropriate by the responsible public entity. |
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1 | | (11) The date and terms of termination of the |
2 | | contractor's authority and duties under the public-private |
3 | | agreement and the circumstances under which the |
4 | | contractor's authority and duties may be terminated prior |
5 | | to that date. |
6 | | (12) Reversion of the transportation project to the |
7 | | responsible public entity at the termination or expiration |
8 | | of the public-private agreement. |
9 | | (13) Rights and remedies of the responsible public |
10 | | entity in the event that the contractor defaults or |
11 | | otherwise fails to comply with the terms of the |
12 | | public-private agreement. |
13 | | (14) Procedures for the selection of professional |
14 | | design firms and subcontractors for use by the responsible |
15 | | public entity or eligible county as an owner's |
16 | | representation services , which shall be include procedures |
17 | | consistent with the Architectural, Engineering, and Land |
18 | | Surveying Qualifications Based Selection Act for the |
19 | | selection of professional design firms and may include, in |
20 | | the discretion of the responsible public entity, |
21 | | procedures consistent with the low bid procurement |
22 | | procedures outlined in the Illinois Procurement Code for |
23 | | the selection of construction companies. |
24 | | (15) Other terms, conditions, and provisions that the |
25 | | responsible public entity believes are in the public |
26 | | interest. |
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1 | | (c) The responsible public entity may fix and revise the |
2 | | amounts of user fees that a contractor may charge and collect |
3 | | for the use of any part of a transportation project in |
4 | | accordance with the public-private agreement. In fixing the |
5 | | amounts, the responsible public entity may establish maximum |
6 | | amounts for the user fees and may provide that the maximums and |
7 | | any increases or decreases of those maximums shall be based |
8 | | upon the indices, methodologies, or other factors the |
9 | | responsible public entity considers appropriate. |
10 | | (c-5) The Department may accept proposals subject to |
11 | | environmental review and the documentation of the |
12 | | environmental review. The environmental review and |
13 | | documentation of the environmental review shall at all times |
14 | | be conducted as directed by the Department, shall be subject |
15 | | to the oversight of the Department, and shall comply with all |
16 | | requirements of State and federal law, applicable federal |
17 | | regulations, and the National Environmental Policy Act (42 |
18 | | U.S.C. 4321 et seq.), if applicable, including, but not |
19 | | limited to, the study of alternatives to the proposed project |
20 | | and any proposed alignments, procedural requirements, and the |
21 | | completion of any and all environmental documents required to |
22 | | be completed by the Department and any federal agency acting |
23 | | as a lead agency. All environmental mitigation commitments |
24 | | agreed to during the environmental review phase are required |
25 | | to be implemented during project implementation, or, as |
26 | | required, to ensure compliance is maintained with all |
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1 | | applicable environmental laws and regulations. |
2 | | (d) A public-private agreement may: |
3 | | (1) authorize the imposition of tolls in any manner |
4 | | determined appropriate by the responsible public entity |
5 | | for the transportation project; |
6 | | (2) authorize the contractor to adjust the user fees |
7 | | for the use of the transportation project, so long as the |
8 | | amounts charged and collected by the contractor do not |
9 | | exceed the maximum amounts established by the responsible |
10 | | public entity under the public-private agreement; |
11 | | (3) provide that any adjustment by the contractor |
12 | | permitted under paragraph (2) of this subsection (d) may |
13 | | be based on the indices, methodologies, or other factors |
14 | | described in the public-private agreement or approved by |
15 | | the responsible public entity; |
16 | | (4) authorize the contractor to charge and collect |
17 | | user fees through methods, including, but not limited to, |
18 | | automatic vehicle identification systems, electronic toll |
19 | | collection systems, and, to the extent permitted by law, |
20 | | global positioning system-based, photo-based, or |
21 | | video-based toll collection enforcement, provided that to |
22 | | the maximum extent feasible the contractor will (i) |
23 | | utilize open road tolling methods that allow payment of |
24 | | tolls at highway speeds and (ii) comply with United States |
25 | | Department of Transportation requirements and best |
26 | | practices with respect to tolling methods; and |
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1 | | (5) authorize the collection of user fees by a third |
2 | | party. |
3 | | (e) In the public-private agreement, the responsible |
4 | | public entity may agree to make grants or loans for the |
5 | | development or operation, or both, of the transportation |
6 | | project from time to time from amounts received from the |
7 | | federal government or any agency or instrumentality of the |
8 | | federal government or from any State or local agency. |
9 | | (f) Upon the termination or expiration of the |
10 | | public-private agreement, including a termination for default, |
11 | | the responsible public entity shall have the right to take |
12 | | over the transportation project and to succeed to all of the |
13 | | right, title, and interest in the transportation project. Upon |
14 | | termination or expiration of the public-private agreement |
15 | | relating to a transportation project undertaken by the |
16 | | Department, all real property acquired as a part of the |
17 | | transportation project shall be held in the name of the State |
18 | | of Illinois. Upon termination or expiration of the |
19 | | public-private agreement relating to a transportation project |
20 | | undertaken by the Authority, all real property acquired as a |
21 | | part of the transportation project shall be held in the name of |
22 | | the Authority. |
23 | | (g) If a responsible public entity elects to take over a |
24 | | transportation project as provided in subsection (f) of this |
25 | | Section, the responsible public entity may do the following: |
26 | | (1) develop, finance, or operate the project, |
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1 | | including through a public-private agreement entered into |
2 | | in accordance with this Act; or |
3 | | (2) impose, collect, retain, and use user fees, if |
4 | | any, for the project. |
5 | | (h) If a responsible public entity elects to take over a |
6 | | transportation project as provided in subsection (f) of this |
7 | | Section, the responsible public entity may use the revenues, |
8 | | if any, for any lawful purpose, including to: |
9 | | (1) make payments to individuals or entities in |
10 | | connection with any financing of the transportation |
11 | | project, including through a public-private agreement |
12 | | entered into in accordance with this Act; |
13 | | (2) permit a contractor to receive some or all of the |
14 | | revenues under a public-private agreement entered into |
15 | | under this Act; |
16 | | (3) pay development costs of the project; |
17 | | (4) pay current operation costs of the project or |
18 | | facilities; |
19 | | (5) pay the contractor for any compensation or payment |
20 | | owing upon termination; and |
21 | | (6) pay for the development, financing, or operation |
22 | | of any other project or projects the responsible public |
23 | | entity deems appropriate. |
24 | | (i) The full faith and credit of the State or any political |
25 | | subdivision of the State or the responsible public entity is |
26 | | not pledged to secure any financing of the contractor by the |
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1 | | election to take over the transportation project. Assumption |
2 | | of development or operation, or both, of the transportation |
3 | | project does not obligate the State or any political |
4 | | subdivision of the State or the responsible public entity to |
5 | | pay any obligation of the contractor. |
6 | | (j) The responsible public entity may enter into a |
7 | | public-private agreement with multiple approved proposers if |
8 | | the responsible public entity determines in writing that it is |
9 | | in the public interest to do so. |
10 | | (k) A public-private agreement shall not include any |
11 | | provision under which the responsible public entity agrees to |
12 | | restrict or to provide compensation to the private entity for |
13 | | the construction or operation of a competing transportation |
14 | | facility during the term of the public-private agreement. |
15 | | (l) With respect to a public-private agreement entered |
16 | | into by the Department, the Department shall certify in its |
17 | | State budget request to the Governor each year the amount |
18 | | required by the Department during the next State fiscal year |
19 | | to enable the Department to make any payment obligated to be |
20 | | made by the Department pursuant to that public-private |
21 | | agreement, and the Governor shall include that amount in the |
22 | | State budget submitted to the General Assembly. |
23 | | (Source: P.A. 103-570, eff. 1-1-24.)
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24 | | ARTICLE 99.
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