2023 Illinois Compiled Statutes › Chapter 30 - FINANCE › 30 ILCS 500/ - Illinois Procurement Code. › Article 35 - Procurement of Professional and Artistic Services

(30 ILCS 500/Art. 35 heading)
ARTICLE 35
PROCUREMENT OF PROFESSIONAL
AND ARTISTIC SERVICES
(30 ILCS 500/35-5)
Sec. 35-5. 
		Application. 
		All professional and artistic services shall be
procured in
accordance with the provisions of this Article.
(Source: P.A. 90-572, eff. date - See Sec. 99-5.)
(30 ILCS 500/35-10)
Sec. 35-10. 
		Authority. 
		Each State purchasing officer, under the
supervision of his or her
respective chief procurement officer, has the authority to select, according to
the provisions of this Article, his or her own professional and artistic
services.
(Source: P.A. 90-572, eff. date - See Sec. 99-5.)
(30 ILCS 500/35-15)
Sec. 35-15. Prequalification.
(a) The chief procurement officer for matters other than construction and the higher education
chief procurement officer shall each develop appropriate
and reasonable prequalification standards and categories of professional and
artistic services.
(b) The prequalifications and categorizations shall be submitted to the
Procurement Policy Board and the Commission on Equity and Inclusion and published for public comment prior to their
submission to the Joint Committee on Administrative Rules for approval.
(c) The chief procurement officer for matters other than construction and the higher education
chief procurement officer shall each also assemble and
maintain a comprehensive list of prequalified and categorized businesses and
persons.
(d) Prequalification shall not be used to bar or prevent any qualified
business or person from bidding or responding to invitations for bid or requests for
proposal.
(Source: P.A. 100-43, eff. 8-9-17; 101-657, eff. 1-1-22.)
(30 ILCS 500/35-20)
Sec. 35-20. Uniformity in procurement.
(a) The chief procurement officer for matters other than construction and the higher education
chief procurement officer shall each develop, cause to be
printed, and distribute uniform documents for the solicitation, review, and
acceptance of all professional and artistic services.
(b) All chief procurement officers, State purchasing officers, and their
designees shall use the appropriate uniform procedures and forms specified in
this Code for
all professional and artistic services.
(c) These forms shall include in detail, in writing, at least:
(1) a description of the goal to be achieved;
(2) the services to be performed;
(3) the need for the service;
(4) the qualifications that are necessary; and
(5) a plan for post-performance review.
(Source: P.A. 95-481, eff. 8-28-07; 96-920, eff. 7-1-10.)
(30 ILCS 500/35-25)
Sec. 35-25. Uniformity in contract.
(a) The chief procurement officer for matters other than construction and the higher education
chief procurement officer shall each develop, cause to be
printed, and distribute uniform documents for the contracting of professional
and artistic services.
(b) All chief procurement officers, State purchasing officers, and their
designees shall use the appropriate uniform contracts and forms in
contracting for all professional and artistic services.
(c) These contracts and forms shall include in detail, in writing, at least:
(1) the detail listed in subsection (c) of Section     35-20;
(2) the duration of the contract, with a schedule of     delivery, when applicable;
(3) the method for charging and measuring cost     (hourly, per day, etc.);
(4) the rate of remuneration; and
(5) the maximum price.
(Source: P.A. 95-481, eff. 8-28-07; 96-920, eff. 7-1-10.)
(30 ILCS 500/35-30)
Sec. 35-30. Awards.
(a) All State contracts for professional and artistic services, except as
provided in this Section, shall be awarded using the
competitive request for proposal process outlined in this Section. The scoring for requests for proposals shall include the commitment to diversity factors and methodology described in subsection (e-5) of Section 20-15.
(b) For each contract offered, the chief procurement officer, State
purchasing officer, or his or her designee shall use the appropriate standard
solicitation
forms
available from the chief procurement officer for matters other than construction or the higher
education chief procurement officer.
(c) Prepared forms shall be submitted to the chief procurement officer for matters other than construction or the higher education chief procurement officer,
whichever is appropriate, for
publication in its Illinois Procurement Bulletin and circulation to the chief procurement officer for matters other than construction
 or the higher education chief procurement officer's list of
prequalified vendors.  Notice of the offer or request for
proposal shall appear at least 14 calendar days before the response to the offer is due.
(d) All interested respondents shall return their responses to the chief procurement officer for matters other than construction
 or the higher education chief procurement officer,
whichever is appropriate,  which shall open
and record them.  The chief procurement officer for matters other than construction or higher education chief procurement officer
then shall forward the responses, together
with any
information it has available about the qualifications and other State work
of the respondents.
(e) After evaluation, ranking, and selection, the responsible chief
procurement officer, State purchasing officer, or
his or her designee shall notify the chief procurement officer for matters other than construction
or the higher education chief procurement officer, whichever is appropriate,
of the successful respondent and shall forward
a copy of the signed contract for the chief procurement officer for matters other than construction or higher education chief
procurement officer's file.  The chief procurement officer for matters other than construction or higher education chief
procurement officer shall
publish the names of the
responsible procurement decision-maker,
the agency letting the contract, the
successful respondent, a contract reference, and value of the let contract
in the next appropriate volume of the Illinois Procurement Bulletin.
(f) For all professional and artistic contracts with annualized value
that exceeds $100,000, evaluation and ranking by price are required.  Any chief
procurement officer or State purchasing officer,
but not their designees, may select a respondent other than the lowest respondent by
price.  In any case, when the contract exceeds the $100,000 threshold and
the lowest respondent is not selected, the chief procurement officer or the State
purchasing officer shall forward together
with the contract notice of who the low respondent by price was and a written decision as
to why another was selected to the chief procurement officer for matters other than construction or
the higher education chief procurement officer, whichever is appropriate.
The chief procurement officer for matters other than construction or higher education chief procurement officer shall publish as
provided in subsection (e) of Section 35-30,
but
shall include notice of the chief procurement officer's or State purchasing
officer's written decision.
(g) The chief procurement officer for matters other than construction and higher education chief
procurement officer may each refine, but not
contradict, this Section by promulgating rules
for submission to the Procurement Policy Board and the Commission on Equity and Inclusion and then to the Joint Committee
on Administrative Rules.  Any
refinement shall be based on the principles and procedures of the federal
Architect-Engineer Selection Law, Public Law 92-582 Brooks Act, and the
Architectural, Engineering, and Land Surveying Qualifications Based Selection
Act; except that pricing shall be an integral part of the selection process.
(Source: P.A. 101-657, Article 5, Section 5-5, eff. 7-1-21 (See Section 25 of P.A. 102-29 for effective date of P.A. 101-657, Article 5, Section 5-5); 101-657, Article 40, Section 40-125, eff. 1-1-22; 102-687, eff. 12-17-21.)
(30 ILCS 500/35-35)
Sec. 35-35. Exceptions.
(a) Exceptions to Section 35-30 are allowed for sole source procurements,
emergency procurements, and at the discretion of the chief procurement officer
or the State purchasing officer, but not
their designees, for professional and artistic contracts that are nonrenewable,
one year or less in duration, and have a value of less than $100,000.
(b) All exceptions granted under this Article must still be submitted to the chief procurement officer for matters other than construction

or the higher education chief procurement officer, whichever is appropriate,
and published as provided for in subsection (f) of Section 35-30, shall name
the authorizing
chief procurement officer or State purchasing officer, and shall include a
brief explanation of the reason for the exception.
(Source: P.A. 100-43, eff. 8-9-17.)
(30 ILCS 500/35-40)
Sec. 35-40. Subcontractors.
(a) Any contract granted under this Article shall state whether the services
of a subcontractor will be used.  The contract shall include the names and
addresses of all subcontractors with an annual value that exceeds the small purchase maximum established by Section 20-20 of this Code, the general type of work to be performed by these subcontractors, and the expected amount of money each will
receive under the contract. Upon the request of the chief procurement officer appointed pursuant to paragraph (2) of subsection (a) of Section 10-20, the contractor shall provide the chief procurement officer a copy of a subcontract so identified within 15 calendar days after the request is made.  A subcontractor, or contractor on behalf of a subcontractor, may identify information that is deemed proprietary or confidential.  If the chief procurement officer determines the information is not relevant to the primary contract, the chief procurement officer may excuse the inclusion of the information.  If the chief procurement officer determines the information is proprietary or could harm the business interest of the subcontractor, the chief procurement officer may, in his or her discretion, redact the information.  Redacted information shall not become part of the public record.
(b) If at any time during the term of a contract, a contractor adds or
changes any subcontractors, he or she shall promptly notify, in writing, the chief procurement officer for matters other than construction
 or the higher education chief
procurement officer, whichever is appropriate, and the
responsible State purchasing officer, or their
designee of the names and addresses and the
expected amount of money each new or replaced subcontractor will receive. Upon request of the chief
procurement officer appointed pursuant to paragraph (2) of subsection (a) of Section 10-20, the
contractor shall provide the chief procurement officer a copy of any new or amended subcontract so
identified within 15 calendar days after the request is made.
(c) In addition to any other requirements of this Code, a subcontract subject to this Section must
include all of the subcontractor's certifications required by Article 50 of this Code.
(d) For purposes of this Section, the changes made by Public Act 98-1076 apply to procurements solicited on or after January 1, 2015 (the effective date of Public Act 98-1076).
(Source: P.A. 102-721, eff. 1-1-23; 103-154, eff. 6-30-23.)
(30 ILCS 500/35-150)
Sec. 35-150. Proposed contracts; Procurement Policy Board. This Article is subject to Section 5-30 of this Code.
(Source: P.A. 93-839, eff. 7-30-04.)