2023 Illinois Compiled Statutes › Chapter 30 - FINANCE › 30 ILCS 500/ - Illinois Procurement Code. › Article 1 - General Provisions

(30 ILCS 500/Art. 1 heading)
ARTICLE 1
GENERAL PROVISIONS
(30 ILCS 500/1-1)
Sec. 1-1. 
		Short title. 
		This Act may be cited as the
Illinois Procurement Code.
(Source: P.A. 90-572, eff. date - See Sec. 99-5.)
(30 ILCS 500/1-5)
Sec. 1-5. 
		Public policy. 
		It is the purpose of this Code
and is declared to be the policy
of the State that the principles of competitive bidding and
economical procurement practices shall
be applicable to all purchases and contracts by or for any State
agency.
(Source: P.A. 90-572, eff. date - See Sec. 99-5.)
(30 ILCS 500/1-10)
(Text of Section from P.A. 103-570)
Sec. 1-10. Application.
(a) This Code applies only to procurements for which bidders, offerors, potential contractors, or contractors were first solicited on or after July 1, 1998. This Code shall not be construed to affect or impair any contract, or any provision of a contract, entered into based on a solicitation prior to the implementation date of this Code as described in Article 99, including, but not limited to, any covenant entered into with respect to any revenue bonds or similar instruments. All procurements for which contracts are solicited between the effective date of Articles 50 and 99 and July 1, 1998 shall be substantially in accordance with this Code and its intent.
(b) This Code shall apply regardless of the source of the funds with which the contracts are paid, including federal assistance moneys. This Code shall not apply to:
(1) Contracts between the State and its political     subdivisions or other governments, or between State governmental bodies, except as specifically provided in this Code.
(2) Grants, except for the filing requirements of     Section 20-80.
(3) Purchase of care, except as provided in Section     5-30.6 of the Illinois Public Aid Code and this Section.
(4) Hiring of an individual as an employee and not as     an independent contractor, whether pursuant to an employment code or policy or by contract directly with that individual.
(5) Collective bargaining contracts.
(6) Purchase of real estate, except that notice of     this type of contract with a value of more than $25,000 must be published in the Procurement Bulletin within 10 calendar days after the deed is recorded in the county of jurisdiction. The notice shall identify the real estate purchased, the names of all parties to the contract, the value of the contract, and the effective date of the contract.
(7) Contracts necessary to prepare for anticipated     litigation, enforcement actions, or investigations, provided that the chief legal counsel to the Governor shall give his or her prior approval when the procuring agency is one subject to the jurisdiction of the Governor, and provided that the chief legal counsel of any other procuring entity subject to this Code shall give his or her prior approval when the procuring entity is not one subject to the jurisdiction of the Governor.
(8) (Blank).
(9) Procurement expenditures by the Illinois     Conservation Foundation when only private funds are used.
(10) (Blank).
(11) Public-private agreements entered into according     to the procurement requirements of Section 20 of the Public-Private Partnerships for Transportation Act and design-build agreements entered into according to the procurement requirements of Section 25 of the Public-Private Partnerships for Transportation Act.
(12) (A) Contracts for legal, financial, and other     professional and artistic services entered into by the Illinois Finance Authority in which the State of Illinois is not obligated. Such contracts shall be awarded through a competitive process authorized by the members of the Illinois Finance Authority and are subject to Sections 5-30, 20-160, 50-13, 50-20, 50-35, and 50-37 of this Code, as well as the final approval by the members of the Illinois Finance Authority of the terms of the contract.
(B) Contracts for legal and financial services     entered into by the Illinois Housing Development Authority in connection with the issuance of bonds in which the State of Illinois is not obligated. Such contracts shall be awarded through a competitive process authorized by the members of the Illinois Housing Development Authority and are subject to Sections 5-30, 20-160, 50-13, 50-20, 50-35, and 50-37 of this Code, as well as the final approval by the members of the Illinois Housing Development Authority of the terms of the contract.
(13) Contracts for services, commodities, and     equipment to support the delivery of timely forensic science services in consultation with and subject to the approval of the Chief Procurement Officer as provided in subsection (d) of Section 5-4-3a of the Unified Code of Corrections, except for the requirements of Sections 20-60, 20-65, 20-70, and 20-160 and Article 50 of this Code; however, the Chief Procurement Officer may, in writing with justification, waive any certification required under Article 50 of this Code. For any contracts for services which are currently provided by members of a collective bargaining agreement, the applicable terms of the collective bargaining agreement concerning subcontracting shall be followed.
On and after January 1, 2019, this paragraph (13),     except for this sentence, is inoperative.
(14) Contracts for participation expenditures     required by a domestic or international trade show or exhibition of an exhibitor, member, or sponsor.
(15) Contracts with a railroad or utility that     requires the State to reimburse the railroad or utilities for the relocation of utilities for construction or other public purpose. Contracts included within this paragraph (15) shall include, but not be limited to, those associated with: relocations, crossings, installations, and maintenance. For the purposes of this paragraph (15), "railroad" means any form of non-highway ground transportation that runs on rails or electromagnetic guideways and "utility" means: (1) public utilities as defined in Section 3-105 of the Public Utilities Act, (2) telecommunications carriers as defined in Section 13-202 of the Public Utilities Act, (3) electric cooperatives as defined in Section 3.4 of the Electric Supplier Act, (4) telephone or telecommunications cooperatives as defined in Section 13-212 of the Public Utilities Act, (5) rural water or waste water systems with 10,000 connections or less, (6) a holder as defined in Section 21-201 of the Public Utilities Act, and (7) municipalities owning or operating utility systems consisting of public utilities as that term is defined in Section 11-117-2 of the Illinois Municipal Code.
(16) Procurement expenditures necessary for the     Department of Public Health to provide the delivery of timely newborn screening services in accordance with the Newborn Metabolic Screening Act.
(17) Procurement expenditures necessary for the     Department of Agriculture, the Department of Financial and Professional Regulation, the Department of Human Services, and the Department of Public Health to implement the Compassionate Use of Medical Cannabis Program and Opioid Alternative Pilot Program requirements and ensure access to medical cannabis for patients with debilitating medical conditions in accordance with the Compassionate Use of Medical Cannabis Program Act.
(18) This Code does not apply to any procurements     necessary for the Department of Agriculture, the Department of Financial and Professional Regulation, the Department of Human Services, the Department of Commerce and Economic Opportunity, and the Department of Public Health to implement the Cannabis Regulation and Tax Act if the applicable agency has made a good faith determination that it is necessary and appropriate for the expenditure to fall within this exemption and if the process is conducted in a manner substantially in accordance with the requirements of Sections 20-160, 25-60, 30-22, 50-5, 50-10, 50-10.5, 50-12, 50-13, 50-15, 50-20, 50-21, 50-35, 50-36, 50-37, 50-38, and 50-50 of this Code; however, for Section 50-35, compliance applies only to contracts or subcontracts over $100,000. Notice of each contract entered into under this paragraph (18) that is related to the procurement of goods and services identified in paragraph (1) through (9) of this subsection shall be published in the Procurement Bulletin within 14 calendar days after contract execution. The Chief Procurement Officer shall prescribe the form and content of the notice. Each agency shall provide the Chief Procurement Officer, on a monthly basis, in the form and content prescribed by the Chief Procurement Officer, a report of contracts that are related to the procurement of goods and services identified in this subsection. At a minimum, this report shall include the name of the contractor, a description of the supply or service provided, the total amount of the contract, the term of the contract, and the exception to this Code utilized. A copy of any or all of these contracts shall be made available to the Chief Procurement Officer immediately upon request. The Chief Procurement Officer shall submit a report to the Governor and General Assembly no later than November 1 of each year that includes, at a minimum, an annual summary of the monthly information reported to the Chief Procurement Officer. This exemption becomes inoperative 5 years after June 25, 2019 (the effective date of Public Act 101-27).
(19) Acquisition of modifications or adjustments,     limited to assistive technology devices and assistive technology services, adaptive equipment, repairs, and replacement parts to provide reasonable accommodations (i) that enable a qualified applicant with a disability to complete the job application process and be considered for the position such qualified applicant desires, (ii) that modify or adjust the work environment to enable a qualified current employee with a disability to perform the essential functions of the position held by that employee, (iii) to enable a qualified current employee with a disability to enjoy equal benefits and privileges of employment as are enjoyed by other similarly situated employees without disabilities, and (iv) that allow a customer, client, claimant, or member of the public seeking State services full use and enjoyment of and access to its programs, services, or benefits.
For purposes of this paragraph (19):
"Assistive technology devices" means any item, piece     of equipment, or product system, whether acquired commercially off the shelf, modified, or customized, that is used to increase, maintain, or improve functional capabilities of individuals with disabilities.
"Assistive technology services" means any service     that directly assists an individual with a disability in selection, acquisition, or use of an assistive technology device.
"Qualified" has the same meaning and use as provided     under the federal Americans with Disabilities Act when describing an individual with a disability.
(20) Procurement expenditures necessary for the     Illinois Commerce Commission to hire third-party facilitators pursuant to Sections 16-105.17 and 16-108.18 of the Public Utilities Act or an ombudsman pursuant to Section 16-107.5 of the Public Utilities Act, a facilitator pursuant to Section 16-105.17 of the Public Utilities Act, or a grid auditor pursuant to Section 16-105.10 of the Public Utilities Act.
(21) Procurement expenditures for the purchase,     renewal, and expansion of software, software licenses, or software maintenance agreements that support the efforts of the Illinois State Police to enforce, regulate, and administer the Firearm Owners Identification Card Act, the Firearm Concealed Carry Act, the Firearms Restraining Order Act, the Firearm Dealer License Certification Act, the Law Enforcement Agencies Data System (LEADS), the Uniform Crime Reporting Act, the Criminal Identification Act, the Uniform Conviction Information Act, and the Gun Trafficking Information Act, or establish or maintain record management systems necessary to conduct human trafficking investigations or gun trafficking or other stolen firearm investigations. This paragraph (21) applies to contracts entered into on or after the effective date of this amendatory Act of the 102nd General Assembly and the renewal of contracts that are in effect on the effective date of this amendatory Act of the 102nd General Assembly.
(22) Contracts for public education programming,     noncommercial sustaining announcements, public service announcements, and public awareness and education messaging with the nonprofit trade associations of the providers of those services that inform the public on immediate and ongoing health and safety risks and hazards.
Notwithstanding any other provision of law, for contracts with an annual value of more than $100,000 entered into on or after October 1, 2017 under an exemption provided in any paragraph of this subsection (b), except paragraph (1), (2), or (5), each State agency shall post to the appropriate procurement bulletin the name of the contractor, a description of the supply or service provided, the total amount of the contract, the term of the contract, and the exception to the Code utilized. The chief procurement officer shall submit a report to the Governor and General Assembly no later than November 1 of each year that shall include, at a minimum, an annual summary of the monthly information reported to the chief procurement officer.
(c) This Code does not apply to the electric power procurement process provided for under Section 1-75 of the Illinois Power Agency Act and Section 16-111.5 of the Public Utilities Act.
(d) Except for Section 20-160 and Article 50 of this Code, and as expressly required by Section 9.1 of the Illinois Lottery Law, the provisions of this Code do not apply to the procurement process provided for under Section 9.1 of the Illinois Lottery Law.
(e) This Code does not apply to the process used by the Capital Development Board to retain a person or entity to assist the Capital Development Board with its duties related to the determination of costs of a clean coal SNG brownfield facility, as defined by Section 1-10 of the Illinois Power Agency Act, as required in subsection (h-3) of Section 9-220 of the Public Utilities Act, including calculating the range of capital costs, the range of operating and maintenance costs, or the sequestration costs or monitoring the construction of clean coal SNG brownfield facility for the full duration of construction.
(f) (Blank).
(g) (Blank).
(h) This Code does not apply to the process to procure or contracts entered into in accordance with Sections 11-5.2 and 11-5.3 of the Illinois Public Aid Code.
(i) Each chief procurement officer may access records necessary to review whether a contract, purchase, or other expenditure is or is not subject to the provisions of this Code, unless such records would be subject to attorney-client privilege.
(j) This Code does not apply to the process used by the Capital Development Board to retain an artist or work or works of art as required in Section 14 of the Capital Development Board Act.
(k) This Code does not apply to the process to procure contracts, or contracts entered into, by the State Board of Elections or the State Electoral Board for hearing officers appointed pursuant to the Election Code.
(l) This Code does not apply to the processes used by the Illinois Student Assistance Commission to procure supplies and services paid for from the private funds of the Illinois Prepaid Tuition Fund. As used in this subsection (l), "private funds" means funds derived from deposits paid into the Illinois Prepaid Tuition Trust Fund and the earnings thereon.
(m) This Code shall apply regardless of the source of funds with which contracts are paid, including federal assistance moneys. Except as specifically provided in this Code, this Code shall not apply to procurement expenditures necessary for the Department of Public Health to conduct the Healthy Illinois Survey in accordance with Section 2310-431 of the Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois.
(Source: P.A. 102-175, eff. 7-29-21; 102-483, eff 1-1-22; 102-558, eff. 8-20-21; 102-600, eff. 8-27-21; 102-662, eff. 9-15-21; 102-721, eff. 1-1-23; 102-813, eff. 5-13-22; 102-1116, eff. 1-10-23; 103-570, eff. 1-1-24.)
(Text of Section from P.A. 103-580)
Sec. 1-10. Application.
(a) This Code applies only to procurements for which bidders, offerors, potential contractors, or contractors were first solicited on or after July 1, 1998. This Code shall not be construed to affect or impair any contract, or any provision of a contract, entered into based on a solicitation prior to the implementation date of this Code as described in Article 99, including, but not limited to, any covenant entered into with respect to any revenue bonds or similar instruments. All procurements for which contracts are solicited between the effective date of Articles 50 and 99 and July 1, 1998 shall be substantially in accordance with this Code and its intent.
(b) This Code shall apply regardless of the source of the funds with which the contracts are paid, including federal assistance moneys. This Code shall not apply to:
(1) Contracts between the State and its political     subdivisions or other governments, or between State governmental bodies, except as specifically provided in this Code.
(2) Grants, except for the filing requirements of     Section 20-80.
(3) Purchase of care, except as provided in Section     5-30.6 of the Illinois Public Aid Code and this Section.
(4) Hiring of an individual as an employee and not as     an independent contractor, whether pursuant to an employment code or policy or by contract directly with that individual.
(5) Collective bargaining contracts.
(6) Purchase of real estate, except that notice of     this type of contract with a value of more than $25,000 must be published in the Procurement Bulletin within 10 calendar days after the deed is recorded in the county of jurisdiction. The notice shall identify the real estate purchased, the names of all parties to the contract, the value of the contract, and the effective date of the contract.
(7) Contracts necessary to prepare for anticipated     litigation, enforcement actions, or investigations, provided that the chief legal counsel to the Governor shall give his or her prior approval when the procuring agency is one subject to the jurisdiction of the Governor, and provided that the chief legal counsel of any other procuring entity subject to this Code shall give his or her prior approval when the procuring entity is not one subject to the jurisdiction of the Governor.
(8) (Blank).
(9) Procurement expenditures by the Illinois     Conservation Foundation when only private funds are used.
(10) (Blank).
(11) Public-private agreements entered into according     to the procurement requirements of Section 20 of the Public-Private Partnerships for Transportation Act and design-build agreements entered into according to the procurement requirements of Section 25 of the Public-Private Partnerships for Transportation Act.
(12) (A) Contracts for legal, financial, and other     professional and artistic services entered into by the Illinois Finance Authority in which the State of Illinois is not obligated. Such contracts shall be awarded through a competitive process authorized by the members of the Illinois Finance Authority and are subject to Sections 5-30, 20-160, 50-13, 50-20, 50-35, and 50-37 of this Code, as well as the final approval by the members of the Illinois Finance Authority of the terms of the contract.
(B) Contracts for legal and financial services     entered into by the Illinois Housing Development Authority in connection with the issuance of bonds in which the State of Illinois is not obligated. Such contracts shall be awarded through a competitive process authorized by the members of the Illinois Housing Development Authority and are subject to Sections 5-30, 20-160, 50-13, 50-20, 50-35, and 50-37 of this Code, as well as the final approval by the members of the Illinois Housing Development Authority of the terms of the contract.
(13) Contracts for services, commodities, and     equipment to support the delivery of timely forensic science services in consultation with and subject to the approval of the Chief Procurement Officer as provided in subsection (d) of Section 5-4-3a of the Unified Code of Corrections, except for the requirements of Sections 20-60, 20-65, 20-70, and 20-160 and Article 50 of this Code; however, the Chief Procurement Officer may, in writing with justification, waive any certification required under Article 50 of this Code. For any contracts for services which are currently provided by members of a collective bargaining agreement, the applicable terms of the collective bargaining agreement concerning subcontracting shall be followed.
On and after January 1, 2019, this paragraph (13),     except for this sentence, is inoperative.
(14) Contracts for participation expenditures     required by a domestic or international trade show or exhibition of an exhibitor, member, or sponsor.
(15) Contracts with a railroad or utility that     requires the State to reimburse the railroad or utilities for the relocation of utilities for construction or other public purpose. Contracts included within this paragraph (15) shall include, but not be limited to, those associated with: relocations, crossings, installations, and maintenance. For the purposes of this paragraph (15), "railroad" means any form of non-highway ground transportation that runs on rails or electromagnetic guideways and "utility" means: (1) public utilities as defined in Section 3-105 of the Public Utilities Act, (2) telecommunications carriers as defined in Section 13-202 of the Public Utilities Act, (3) electric cooperatives as defined in Section 3.4 of the Electric Supplier Act, (4) telephone or telecommunications cooperatives as defined in Section 13-212 of the Public Utilities Act, (5) rural water or waste water systems with 10,000 connections or less, (6) a holder as defined in Section 21-201 of the Public Utilities Act, and (7) municipalities owning or operating utility systems consisting of public utilities as that term is defined in Section 11-117-2 of the Illinois Municipal Code.
(16) Procurement expenditures necessary for the     Department of Public Health to provide the delivery of timely newborn screening services in accordance with the Newborn Metabolic Screening Act.
(17) Procurement expenditures necessary for the     Department of Agriculture, the Department of Financial and Professional Regulation, the Department of Human Services, and the Department of Public Health to implement the Compassionate Use of Medical Cannabis Program and Opioid Alternative Pilot Program requirements and ensure access to medical cannabis for patients with debilitating medical conditions in accordance with the Compassionate Use of Medical Cannabis Program Act.
(18) This Code does not apply to any procurements     necessary for the Department of Agriculture, the Department of Financial and Professional Regulation, the Department of Human Services, the Department of Commerce and Economic Opportunity, and the Department of Public Health to implement the Cannabis Regulation and Tax Act if the applicable agency has made a good faith determination that it is necessary and appropriate for the expenditure to fall within this exemption and if the process is conducted in a manner substantially in accordance with the requirements of Sections 20-160, 25-60, 30-22, 50-5, 50-10, 50-10.5, 50-12, 50-13, 50-15, 50-20, 50-21, 50-35, 50-36, 50-37, 50-38, and 50-50 of this Code; however, for Section 50-35, compliance applies only to contracts or subcontracts over $100,000. Notice of each contract entered into under this paragraph (18) that is related to the procurement of goods and services identified in paragraph (1) through (9) of this subsection shall be published in the Procurement Bulletin within 14 calendar days after contract execution. The Chief Procurement Officer shall prescribe the form and content of the notice. Each agency shall provide the Chief Procurement Officer, on a monthly basis, in the form and content prescribed by the Chief Procurement Officer, a report of contracts that are related to the procurement of goods and services identified in this subsection. At a minimum, this report shall include the name of the contractor, a description of the supply or service provided, the total amount of the contract, the term of the contract, and the exception to this Code utilized. A copy of any or all of these contracts shall be made available to the Chief Procurement Officer immediately upon request. The Chief Procurement Officer shall submit a report to the Governor and General Assembly no later than November 1 of each year that includes, at a minimum, an annual summary of the monthly information reported to the Chief Procurement Officer. This exemption becomes inoperative 5 years after June 25, 2019 (the effective date of Public Act 101-27).
(19) Acquisition of modifications or adjustments,     limited to assistive technology devices and assistive technology services, adaptive equipment, repairs, and replacement parts to provide reasonable accommodations (i) that enable a qualified applicant with a disability to complete the job application process and be considered for the position such qualified applicant desires, (ii) that modify or adjust the work environment to enable a qualified current employee with a disability to perform the essential functions of the position held by that employee, (iii) to enable a qualified current employee with a disability to enjoy equal benefits and privileges of employment as are enjoyed by other similarly situated employees without disabilities, and (iv) that allow a customer, client, claimant, or member of the public seeking State services full use and enjoyment of and access to its programs, services, or benefits.
For purposes of this paragraph (19):
"Assistive technology devices" means any item, piece     of equipment, or product system, whether acquired commercially off the shelf, modified, or customized, that is used to increase, maintain, or improve functional capabilities of individuals with disabilities.
"Assistive technology services" means any service     that directly assists an individual with a disability in selection, acquisition, or use of an assistive technology device.
"Qualified" has the same meaning and use as provided     under the federal Americans with Disabilities Act when describing an individual with a disability.
(20) Procurement expenditures necessary for the     Illinois Commerce Commission to hire third-party facilitators pursuant to Sections 16-105.17 and 16-108.18 of the Public Utilities Act or an ombudsman pursuant to Section 16-107.5 of the Public Utilities Act, a facilitator pursuant to Section 16-105.17 of the Public Utilities Act, or a grid auditor pursuant to Section 16-105.10 of the Public Utilities Act.
(21) Procurement expenditures for the purchase,     renewal, and expansion of software, software licenses, or software maintenance agreements that support the efforts of the Illinois State Police to enforce, regulate, and administer the Firearm Owners Identification Card Act, the Firearm Concealed Carry Act, the Firearms Restraining Order Act, the Firearm Dealer License Certification Act, the Law Enforcement Agencies Data System (LEADS), the Uniform Crime Reporting Act, the Criminal Identification Act, the Illinois Uniform Conviction Information Act, and the Gun Trafficking Information Act, or establish or maintain record management systems necessary to conduct human trafficking investigations or gun trafficking or other stolen firearm investigations. This paragraph (21) applies to contracts entered into on or after January 10, 2023 (the effective date of Public Act 102-1116) and the renewal of contracts that are in effect on January 10, 2023 (the effective date of Public Act 102-1116).
(22) Contracts for project management services and     system integration services required for the completion of the State's enterprise resource planning project. This exemption becomes inoperative 5 years after June 7, 2023 (the effective date of the changes made to this Section by Public Act 103-8). This paragraph (22) applies to contracts entered into on or after June 7, 2023 (the effective date of the changes made to this Section by Public Act 103-8) and the renewal of contracts that are in effect on June 7, 2023 (the effective date of the changes made to this Section by Public Act 103-8).
(23) Procurements necessary for the Department of     Insurance to implement the Illinois Health Benefits Exchange Law if the Department of Insurance has made a good faith determination that it is necessary and appropriate for the expenditure to fall within this exemption. The procurement process shall be conducted in a manner substantially in accordance with the requirements of Sections 20-160 and 25-60 and Article 50 of this Code. A copy of these contracts shall be made available to the Chief Procurement Officer immediately upon request. This paragraph is inoperative 5 years after June 27, 2023 (the effective date of Public Act 103-103).
Notwithstanding any other provision of law, for contracts with an annual value of more than $100,000 entered into on or after October 1, 2017 under an exemption provided in any paragraph of this subsection (b), except paragraph (1), (2), or (5), each State agency shall post to the appropriate procurement bulletin the name of the contractor, a description of the supply or service provided, the total amount of the contract, the term of the contract, and the exception to the Code utilized. The chief procurement officer shall submit a report to the Governor and General Assembly no later than November 1 of each year that shall include, at a minimum, an annual summary of the monthly information reported to the chief procurement officer.
(c) This Code does not apply to the electric power procurement process provided for under Section 1-75 of the Illinois Power Agency Act and Section 16-111.5 of the Public Utilities Act. This Code does not apply to the procurement of technical and policy experts pursuant to Section 1-129 of the Illinois Power Agency Act.
(d) Except for Section 20-160 and Article 50 of this Code, and as expressly required by Section 9.1 of the Illinois Lottery Law, the provisions of this Code do not apply to the procurement process provided for under Section 9.1 of the Illinois Lottery Law.
(e) This Code does not apply to the process used by the Capital Development Board to retain a person or entity to assist the Capital Development Board with its duties related to the determination of costs of a clean coal SNG brownfield facility, as defined by Section 1-10 of the Illinois Power Agency Act, as required in subsection (h-3) of Section 9-220 of the Public Utilities Act, including calculating the range of capital costs, the range of operating and maintenance costs, or the sequestration costs or monitoring the construction of clean coal SNG brownfield facility for the full duration of construction.
(f) (Blank).
(g) (Blank).
(h) This Code does not apply to the process to procure or contracts entered into in accordance with Sections 11-5.2 and 11-5.3 of the Illinois Public Aid Code.
(i) Each chief procurement officer may access records necessary to review whether a contract, purchase, or other expenditure is or is not subject to the provisions of this Code, unless such records would be subject to attorney-client privilege.
(j) This Code does not apply to the process used by the Capital Development Board to retain an artist or work or works of art as required in Section 14 of the Capital Development Board Act.
(k) This Code does not apply to the process to procure contracts, or contracts entered into, by the State Board of Elections or the State Electoral Board for hearing officers appointed pursuant to the Election Code.
(l) This Code does not apply to the processes used by the Illinois Student Assistance Commission to procure supplies and services paid for from the private funds of the Illinois Prepaid Tuition Fund. As used in this subsection (l), "private funds" means funds derived from deposits paid into the Illinois Prepaid Tuition Trust Fund and the earnings thereon.
(m) This Code shall apply regardless of the source of funds with which contracts are paid, including federal assistance moneys. Except as specifically provided in this Code, this Code shall not apply to procurement expenditures necessary for the Department of Public Health to conduct the Healthy Illinois Survey in accordance with Section 2310-431 of the Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois.
(Source: P.A. 102-175, eff. 7-29-21; 102-483, eff 1-1-22; 102-558, eff. 8-20-21; 102-600, eff. 8-27-21; 102-662, eff. 9-15-21; 102-721, eff. 1-1-23; 102-813, eff. 5-13-22; 102-1116, eff. 1-10-23; 103-8, eff. 6-7-23; 103-103, eff. 6-27-23; 103-580, eff. 12-8-23.)
(30 ILCS 500/1-10.5)
Sec. 1-10.5. Alternative Technical Concepts.
(a) For the purposes of this Section, "Alternative Technical Concepts" and "design-bid-build project delivery method" have the meanings ascribed to those terms in the Innovations for Transportation Infrastructure Act.
(b) Notwithstanding subsection (b) of Section 1-10 of this Code, the Department of Transportation may allow bidders and proposers to submit Alternative Technical Concepts in their bids and proposals, if the Department determines that the Alternative Technical Concepts provide an equal or better solution than the underlying technical requirements applicable to the work. Notwithstanding the foregoing, for projects the Department delivers using the design-bid-build project delivery method, the Department shall use the Alternative Technical Concepts process for no more than 3 projects per year. If the Department allows bidders or proposers for a particular contract to submit Alternative Technical Concepts, the Department shall describe the process for submission and evaluation of Alternative Technical Concepts in the procurement documents for that contract, including the potential use of confidential meetings and the exchange of confidential information with bidders and proposers to review and discuss potential or proposed Alternative Technical Concepts.
(Source: P.A. 102-1094, eff. 6-15-22.)
(30 ILCS 500/1-11)
Sec. 1-11. Applicability of certain Public Acts. The changes made to this Code by Public Act 96-793, Public Act 96-795,  and this amendatory Act of the 96th General Assembly apply to those procurements for which bidders, offerors, vendors, potential contractors,  or contractors were first solicited   on or after July 1, 2010.
(Source: P.A. 98-1076, eff. 1-1-15.)
(30 ILCS 500/1-12)
Sec. 1-12. Applicability to artistic or musical services.
(a) This Code shall
not apply to procurement expenditures necessary to provide artistic or musical services, performances, or theatrical productions held at a venue operated or leased by a State agency.
(b) Notice of each contract with an annual value of more than $100,000 entered into by a State agency that is related to the procurement of goods and services identified in this Section shall be published in the Illinois Procurement Bulletin within 14 calendar days after contract execution. The chief procurement officer shall prescribe the form and content of the notice. Each State agency shall provide the chief procurement officer, on a monthly basis, in the form and content prescribed by the chief procurement officer, a report of contracts that are related to the procurement of supplies and services identified in this Section. At a minimum, this report shall include the name of the contractor, a description of the supply or service provided, the total amount of the contract, the term of the contract, and the exception to the Code utilized. A copy of any or all of these contracts shall be made available to the chief procurement officer immediately upon request. The chief procurement officer shall submit a report to the Governor and General Assembly no later than November 1 of each year that shall include, at a minimum, an annual summary of the monthly information reported to the chief procurement officer.
(c) (Blank).
(d) The General Assembly finds and declares that:
(1) This amendatory Act of the 100th General Assembly     manifests the intention of the General Assembly to remove the repeal of this Section.
(2) This Section was originally enacted to protect,     promote, and preserve the general welfare. Any construction of this Section that results in the repeal of this Section on December 31, 2016 would be inconsistent with the manifest intent of the General Assembly and repugnant to the context of this Code.
It is hereby declared to have been the intent of the General Assembly that this Section not be subject to repeal on December 31, 2016.
This Section shall be deemed to have been in continuous effect since August 3, 2012 (the effective date of Public Act 97-895), and it shall continue to be in effect henceforward until it is otherwise lawfully repealed. All previously enacted amendments to this Section taking effect on or after December 31, 2016, are hereby validated.
All actions taken in reliance on or pursuant to this Section in the procurement of artistic or musical services are hereby validated.
In order to ensure the continuing effectiveness of this Section, it is set forth in full and re-enacted by this amendatory Act of the 100th General Assembly. This re-enactment is intended as a continuation of this Section. It is not intended to supersede any amendment to this Section that is enacted by the 100th General Assembly.
In this amendatory Act of the 100th General Assembly, the base text of this Section is set forth as amended by Public Act 98-1076. Striking and underscoring is used only to show changes being made to the base text.
This Section applies to all procurements made on or before the effective date of this amendatory Act of the 100th General Assembly.
(Source: P.A. 102-721, eff. 1-1-23.)
(30 ILCS 500/1-13)
Sec. 1-13. Applicability to public institutions of higher education.
(a) This Code shall apply to public institutions of higher education, regardless of the source of the funds with which contracts are paid, except as provided in this Section.
(b) Except as provided in this Section, this Code shall not apply to procurements made by or on behalf of public institutions of higher education for any of the following:
(1) Memberships in professional, academic, research,     or athletic organizations on behalf of a public institution of higher education, an employee of a public institution of higher education, or a student at a public institution of higher education.
(2) Procurement expenditures for events or activities     paid for exclusively by revenues generated by the event or activity, gifts or donations for the event or activity, private grants, or any combination thereof.
(3) Procurement expenditures for events or activities     for which the use of specific potential contractors is mandated or identified by the sponsor of the event or activity, provided that the sponsor is providing a majority of the funding for the event or activity.
(4) Procurement expenditures necessary to provide     athletic, artistic or musical services, performances, events, or productions by or for a public institution of higher education.
(5) Procurement expenditures for periodicals, books,     subscriptions, database licenses, and other publications procured for use by a university library or academic department, except for expenditures related to procuring textbooks for student use or materials for resale or rental.
(6) Procurement expenditures for placement of     students in externships, practicums, field experiences, and for medical residencies and rotations.
(7) Contracts for programming and broadcast license     rights for university-operated radio and television stations.
(8) Procurement expenditures necessary to perform     sponsored research and other sponsored activities under grants and contracts funded by the sponsor or by sources other than State appropriations.
(9) Contracts with a foreign entity for research or     educational activities, provided that the foreign entity either does not maintain an office in the United States or is the sole source of the service or product.
(10) Procurement expenditures for any ongoing     software license or maintenance agreement or competitively solicited software purchase, when the software, license, or maintenance agreement is available through only the software creator or its manufacturer and not a reseller.
(11) Procurement expenditures incurred outside of the     United States for the recruitment of international students.
(12) Procurement expenditures for contracts entered     into under the Public University Energy Conservation Act.
(13) Procurement expenditures for advertising     purchased directly from a media station or the owner of the station for distribution of advertising. Notice of each contract with an annual value of more than $100,000 entered into by a public institution of higher education that is related to the procurement of goods and services identified in items (1) through (13) of this subsection shall be published in the Procurement Bulletin within 14 calendar days after contract execution. The Chief Procurement Officer shall prescribe the form and content of the notice. Each public institution of higher education shall provide the Chief Procurement Officer, on a monthly basis, in the form and content prescribed by the Chief Procurement Officer, a report of contracts that are related to the procurement of goods and services identified in this subsection. At a minimum, this report shall include the name of the contractor, a description of the supply or service provided, the total amount of the contract, the term of the contract, and the exception to the Code utilized. A copy of any or all of these contracts shall be made available to the Chief Procurement Officer immediately upon request. The Chief Procurement Officer shall submit a report to the Governor and General Assembly no later than November 1 of each year that shall include, at a minimum, an annual summary of the monthly information reported to the Chief Procurement Officer.
(b-5) Except as provided in this subsection, the provisions of this Code shall not apply to contracts for medical supplies or to contracts for medical services necessary for the delivery of care and treatment at medical, dental, or veterinary teaching facilities used by Southern Illinois University or the University of Illinois or at any university-operated health care center or dispensary that provides care, treatment, and medications for students, faculty, and staff. Furthermore, the provisions of this Code do not apply to the procurement by such a facility of any additional supplies or services that the operator of the facility deems necessary for the effective use and functioning of the medical supplies or services that are otherwise exempt from this Code under this subsection (b-5). However, other supplies and services needed for these teaching facilities shall be subject to the jurisdiction of the Chief Procurement Officer for Public Institutions of Higher Education who may establish expedited procurement procedures and may waive or modify certification, contract, hearing, process and registration requirements required by the Code. All procurements made under this subsection shall be documented and may require publication in the Illinois Procurement Bulletin.
(b-10) Procurements made by or on behalf of the University of Illinois for investment services may be entered into or renewed without being subject to the requirements of this Code. Notice of intent to renew a contract shall be published in the Illinois Public Higher Education Procurement Bulletin at least 14 days prior to the execution of a renewal, and the University of Illinois shall hold a public hearing for interested parties to provide public comment. Any contract extended, renewed, or entered pursuant to this exception shall be published in the Illinois Public Higher Education Procurement Bulletin within 5 days of contract execution.
(c) Procurements made by or on behalf of public institutions of higher education for the fulfillment of a grant shall be made in accordance with the requirements of this Code to the extent practical.
Upon the written request of a public institution of higher education, the Chief Procurement Officer may waive contract, registration, certification, and hearing requirements of this Code if, based on the item to be procured or the terms of a grant, compliance is impractical. The public institution of higher education shall provide the Chief Procurement Officer with specific reasons for the waiver, including the necessity of contracting with a particular potential contractor, and shall certify that an effort was made in good faith to comply with the provisions of this Code. The Chief Procurement Officer shall provide written justification for any waivers. By November 1 of each year, the Chief Procurement Officer shall file a report with the General Assembly identifying each contract approved with waivers and providing the justification given for any waivers for each of those contracts. Notice of each waiver made under this subsection shall be published in the Procurement Bulletin within 14 calendar days after contract execution. The Chief Procurement Officer shall prescribe the form and content of the notice.
(d) Notwithstanding this Section, a waiver of the registration requirements of Section 20-160 does not permit a business entity and any affiliated entities or affiliated persons to make campaign contributions if otherwise prohibited by Section 50-37. The total amount of contracts awarded in accordance with this Section shall be included in determining the aggregate amount of contracts or pending bids of a business entity and any affiliated entities or affiliated persons.
(e) Notwithstanding subsection (e) of Section 50-10.5 of this Code, the Chief Procurement Officer, with the approval of the Executive Ethics Commission, may permit a public institution of higher education to accept a bid or enter into a contract with a business that assisted the public institution of higher education in determining whether there is a need for a contract or assisted in reviewing, drafting, or preparing documents related to a bid or contract, provided that the bid or contract is essential to research administered by the public institution of higher education and it is in the best interest of the public institution of higher education to accept the bid or contract. For purposes of this subsection, "business" includes all individuals with whom a business is affiliated, including, but not limited to, any officer, agent, employee, consultant, independent contractor, director, partner, manager, or shareholder of a business. The Executive Ethics Commission may promulgate rules and regulations for the implementation and administration of the provisions of this subsection (e).
(f) As used in this Section:
"Grant" means non-appropriated funding provided by a federal or private entity to support a project or program administered by a public institution of higher education and any non-appropriated funding provided to a sub-recipient of the grant.
"Public institution of higher education" means Chicago State University, Eastern Illinois University, Governors State University, Illinois State University, Northeastern Illinois University, Northern Illinois University, Southern Illinois University, University of Illinois, Western Illinois University, and, for purposes of this Code only, the Illinois Mathematics and Science Academy.
(g) (Blank).
(h) The General Assembly finds and declares that:
(1) Public Act 98-1076, which took effect on January     1, 2015, changed the repeal date set for this Section from December 31, 2014 to December 31, 2016.
(2) The Statute on Statutes sets forth general rules     on the repeal of statutes and the construction of multiple amendments, but Section 1 of that Act also states that these rules will not be observed when the result would be "inconsistent with the manifest intent of the General Assembly or repugnant to the context of the statute".
(3) This amendatory Act of the 100th General Assembly     manifests the intention of the General Assembly to remove the repeal of this Section.
(4) This Section was originally enacted to protect,     promote, and preserve the general welfare. Any construction of this Section that results in the repeal of this Section on December 31, 2014 would be inconsistent with the manifest intent of the General Assembly and repugnant to the context of this Code.
It is hereby declared to have been the intent of the General Assembly that this Section not be subject to repeal on December 31, 2014.
This Section shall be deemed to have been in continuous effect since December 20, 2011 (the effective date of Public Act 97-643), and it shall continue to be in effect henceforward until it is otherwise lawfully repealed. All previously enacted amendments to this Section taking effect on or after December 31, 2014, are hereby validated.
All actions taken in reliance on or pursuant to this Section by any public institution of higher education, person, or entity are hereby validated.
In order to ensure the continuing effectiveness of this Section, it is set forth in full and re-enacted by this amendatory Act of the 100th General Assembly. This re-enactment is intended as a continuation of this Section. It is not intended to supersede any amendment to this Section that is enacted by the 100th General Assembly.
In this amendatory Act of the 100th General Assembly, the base text of the reenacted Section is set forth as amended by Public Act 98-1076. Striking and underscoring is used only to show changes being made to the base text.
This Section applies to all procurements made on or before the effective date of this amendatory Act of the 100th General Assembly.
(Source: P.A. 102-16, eff. 6-17-21; 102-721, eff. 5-6-22; 102-1119, eff. 1-23-23; 103-570, eff. 1-1-24.)
(30 ILCS 500/1-15)
Sec. 1-15. 
		Definitions. 
		For the purposes of this Code,
the words set forth in the
following Sections of this Article have the meanings set forth in
those Sections.
(Source: P.A. 90-572, eff. 2-6-98.)
(30 ILCS 500/1-15.01)
Sec. 1-15.01. Bid. "Bid" means the response submitted by a bidder in a competitive sealed bidding process, to an invitation for bid, or to a multi-step sealed bidding process.
(Source: P.A. 98-1076, eff. 1-1-15.)
(30 ILCS 500/1-15.02)
Sec. 1-15.02. Bidder. "Bidder" means one who submits a response in a competitive sealed bidding process, to an invitation for bid, or to a multi-step sealed bidding process.
(Source: P.A. 98-1076, eff. 1-1-15.)
(30 ILCS 500/1-15.03)
Sec. 1-15.03. 
		(Repealed).
(Source: P.A. 90-572, eff. 2-6-98.  Repealed by P.A. 96-795, eff. 7-1-10.)
(30 ILCS 500/1-15.05)
Sec. 1-15.05. 
		Board. 
		"Board" means the Procurement
Policy Board.
(Source: P.A. 90-572, eff. 2-6-98.)
(30 ILCS 500/1-15.10)
Sec. 1-15.10. 
		Business. 
		"Business" means any corporation, partnership,
individual,
sole proprietorship, joint stock company, joint venture, or other
private legal entity.
(Source: P.A. 90-572, eff. 2-6-98.)
(30 ILCS 500/1-15.12)
Sec. 1-15.12. Change order. "Change order" means a change in a contract term, other than as specifically provided for in the contract, which authorizes or necessitates any increase or decrease in the cost of the contract or the time for completion for procurements subject to the jurisdiction of the chief procurement officers appointed pursuant to Section 10-20.
(Source: P.A. 98-1076, eff. 1-1-15.)
(30 ILCS 500/1-15.13)
Sec. 1-15.13. Chief Procurement Office. "Chief Procurement Office" means the offices to which the chief procurement officers are appointed pursuant to Section 10-20.
(Source: P.A. 98-1076, eff. 1-1-15.)
(30 ILCS 500/1-15.15)
Sec. 1-15.15. Chief Procurement Officer. "Chief
Procurement Officer" means any of the 4 persons appointed or approved by a majority of the members of the Executive Ethics Commission:
(1) for procurements for construction and     construction-related services committed by law to the jurisdiction or responsibility of the Capital Development Board, the independent chief procurement officer appointed by a majority of the members of the Executive Ethics Commission.
(2) for procurements for all construction,     construction-related services, operation of any facility, and the provision of any construction or construction-related service or activity committed by law to the jurisdiction or responsibility of the Illinois Department of Transportation, including the direct or reimbursable expenditure of all federal funds for which the Department of Transportation is responsible or accountable for the use thereof in accordance with federal law, regulation, or procedure, the independent chief procurement officer appointed by the Secretary of Transportation with the consent of the majority of the members of the Executive Ethics Commission.
(3) for all procurements made by a public institution     of higher education, the independent chief procurement officer appointed by a majority of the members of the Executive Ethics Commission.
(4) (Blank).
(5) for all other procurements, the independent chief     procurement officer appointed by a majority of the members of the Executive Ethics Commission.(Source: P.A. 95-481, eff. 8-28-07; 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793 for the effective date of changes made by P.A. 96-795); 96-920, eff. 7-1-10.)
(30 ILCS 500/1-15.17)
Sec. 1-15.17. Contractor. "Contractor" means any person having a contract with a State agency as defined in Section 1-15.30.
(Source: P.A. 98-1076, eff. 1-1-15.)
(30 ILCS 500/1-15.20)
Sec. 1-15.20. Construction, construction-related, and construction support services. 
"Construction" means
building, altering, repairing,
improving, or demolishing any public structure or building, or
making improvements of any kind
to public real property.  Construction does not include the
routine operation, routine repair, or
routine maintenance of existing structures, buildings, or real
property.
"Construction-related services" means those services including construction
design, layout, inspection, support, feasibility or location study, research,
development, planning, or other investigative study undertaken by a
construction agency concerning construction or potential construction.
"Construction support" means all equipment, supplies, and services that are necessary to the operation of a construction agency's construction program. "Construction support" does not include construction-related services.
(Source: P.A. 100-43, eff. 8-9-17.)
(30 ILCS 500/1-15.25)
Sec. 1-15.25. Construction agency. "Construction agency"
means the Capital
Development Board for construction or remodeling of State-owned
facilities; the Illinois
Department of Transportation for construction or maintenance of
roads, highways, bridges, and
airports; the Illinois Toll Highway Authority for construction or
maintenance of toll highways; the Illinois Power Agency for construction, maintenance, and expansion of Agency-owned facilities, as defined in Section 1-10 of the Illinois Power Agency Act;
and any other State agency entering into construction contracts as
authorized by law or by
delegation from the chief procurement officer.
(Source: P.A. 95-481, eff. 8-28-07.)
(30 ILCS 500/1-15.30)
Sec. 1-15.30. Contract. "Contract" means all types of
State agreements, regardless
of what they may be called, for the procurement, use, or disposal
of supplies, services,
professional or artistic services, or construction or for leases of real
property where the State is the lessee, or
capital improvements,
and including renewals, master contracts, contracts for financing through
use of installment or
lease-purchase arrangements, renegotiated contracts, amendments to contracts, and change orders.
(Source: P.A. 98-1076, eff. 1-1-15.)
(30 ILCS 500/1-15.35)
Sec. 1-15.35. 
		Cost-reimbursement contract. 
		
"Cost-reimbursement contract" means
a contract under which a contractor is reimbursed for costs that
are allowable and allocable in
accordance with the contract terms and the provisions of this
Code, and a fee, if any.
(Source: P.A. 90-572, eff. 2-6-98.)
(30 ILCS 500/1-15.40)
Sec. 1-15.40. Electronic procurement. "Electronic procurement" means conducting all or some of the procurement function over the Internet.
(Source: P.A. 100-43, eff. 8-9-17.)
(30 ILCS 500/1-15.42)
Sec. 1-15.42. 
		Grant. 
		"Grant" means the furnishing by the State of
assistance, whether financial or otherwise, to any person to support a program
authorized by law.  It does not include an award the primary purpose of which
is to procure an end product for the direct benefit or use of the State agency
making the grant, whether in the form of goods, services, or construction.  A
contract that results from such an award is not a grant and is
subject to this Code.
(Source: P.A. 90-572, eff. 2-6-98.)
(30 ILCS 500/1-15.45)
Sec. 1-15.45. 
		Invitation for bids. 
		"Invitation for bids"
means the process by which
a purchasing agency requests information from bidders, including
all documents, whether
attached or incorporated by reference, used for soliciting bids.
(Source: P.A. 90-572, eff. 2-6-98.)
(30 ILCS 500/1-15.47)
Sec. 1-15.47. Master contract. "Master contract" means a definite quantity, indefinite quantity, or requirements contract awarded in accordance with this Code, against which subsequent orders may be placed to meet the needs of a State purchasing entity. A master contract may be for use by a single State purchasing entity or for multiple State purchasing entities and other entities as authorized under the Governmental Joint Purchasing Act.
(Source: P.A. 100-43, eff. 8-9-17.)
(30 ILCS 500/1-15.48)
Sec. 1-15.48. Multiple award. "Multiple award" means an award that is made to 2 or more bidders or offerors for similar supplies, services, or construction-related services.
(Source: P.A. 100-43, eff. 8-9-17.)
(30 ILCS 500/1-15.49)
Sec. 1-15.49. No-cost contract. "No-cost contract" means a contract in which the State of Illinois does not make a payment to or receive a payment from the vendor, but the vendor has the contractual authority to charge an entity other than the State of Illinois for supplies or services at the State's contracted rate to fulfill the State's mandated requirements.
(Source: P.A. 100-43, eff. 8-9-17.)
(30 ILCS 500/1-15.50)
Sec. 1-15.50. Negotiation. "Negotiation" means the
process of selecting a contractor
other than by competitive sealed bids, multi-step sealed bidding,
or competitive sealed proposals,
whereby a purchasing agency can establish any and all terms and
conditions of a procurement
contract by discussion with one or more potential contractors.
(Source: P.A. 98-1076, eff. 1-1-15.)
(30 ILCS 500/1-15.51)
Sec. 1-15.51. Offer. "Offer" means a response submitted by an offeror in a competitive sealed proposal process or to a request for proposal.
(Source: P.A. 98-1076, eff. 1-1-15.)
(30 ILCS 500/1-15.52)
Sec. 1-15.52. Offeror. "Offeror" means any person who submits a proposal in response to a competitive sealed proposal process or a request for proposals.
(Source: P.A. 98-1076, eff. 1-1-15.)
(30 ILCS 500/1-15.55)
Sec. 1-15.55. 
		Person. 
		"Person" means any business,
public or private corporation,
partnership, individual, union, committee, club, unincorporated
association or other organization
or group of individuals, or other legal entity.
(Source: P.A. 90-572, eff. 2-6-98.)
(30 ILCS 500/1-15.60)
Sec. 1-15.60. 
		Professional and artistic services. 
		"Professional and artistic
services"
means those services provided under contract to a State agency by
a person or business, acting
as an independent contractor, qualified by education, experience,
and technical ability.
(Source: P.A. 90-572, eff. 2-6-98.)
(30 ILCS 500/1-15.65)
Sec. 1-15.65. 
		Purchase description. 
		"Purchase
description" means the words used
in a solicitation to describe the supplies, services, professional
or artistic services, or construction to be procured
or real property or capital improvements to be leased
and includes specifications
attached to or made a part of the solicitation.
(Source: P.A. 90-572, eff. 2-6-98.)
(30 ILCS 500/1-15.68)
Sec. 1-15.68. 
		Purchase of care. 
		"Purchase of care" means a contract with
a person for the furnishing of medical, educational, psychiatric, vocational,
rehabilitative, social, or human services directly to a recipient of a State
aid program.
(Source: P.A. 90-572, eff. 2-6-98.)
(30 ILCS 500/1-15.70)
Sec. 1-15.70. Purchasing agency. "Purchasing agency" means a State agency that enters into a contract at the direction of a State purchasing officer authorized by a chief procurement officer or a chief procurement officer.
(Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793 for the effective date of changes made by P.A. 96-795).)
(30 ILCS 500/1-15.75)
Sec. 1-15.75. 
		Request for proposals. 
		"Request for
proposals" means the process by
which a purchasing agency requests information from offerors,
including all documents, whether
attached or incorporated by reference, used for soliciting
proposals.
(Source: P.A. 90-572, eff. 2-6-98.)
(30 ILCS 500/1-15.80)
Sec. 1-15.80. Responsible bidder, potential contractor, or offeror. 
"Responsible bidder, potential contractor, or offeror" means
a person who has the capability in all respects to perform fully
the contract requirements and
the integrity and reliability that will assure good faith
performance. A responsible bidder or offeror shall not include a business or other entity that does not exist as a legal entity at the time a bid or offer is submitted for a State contract.
(Source: P.A. 98-1076, eff. 1-1-15.)
(30 ILCS 500/1-15.85)
Sec. 1-15.85. 
		Responsive bidder. 
		"Responsive bidder"
means a person who has
submitted a bid that conforms in all material respects to the
invitation for bids.
(Source: P.A. 90-572, eff. 2-6-98.)
(30 ILCS 500/1-15.86)
Sec. 1-15.86. Responsive offeror. "Responsive offeror" means a person who has submitted an offer that conforms in all material respects to the request for proposals.
(Source: P.A. 98-1076, eff. 1-1-15.)
(30 ILCS 500/1-15.90)
Sec. 1-15.90. 
		Services. 
		"Services" means the furnishing
of labor, time, or effort by
a contractor, not involving the delivery of a specific end product
other than reports or supplies
that are incidental to the required performance.
(Source: P.A. 90-572, eff. 2-6-98.)
(30 ILCS 500/1-15.93)
Sec. 1-15.93. Single prime. "Single prime" means the design-bid-build procurement delivery method for a building construction project in which the Capital Development Board or a public institution of higher education, as defined in Section 1-13 of this Code, is the construction agency procuring 2 or more subdivisions of work enumerated in paragraphs (1) through (5) of subsection (a) of Section 30-30 of this Code under a single contract. The provisions of this Section are inoperative for public institutions of higher education on and after January 1, 2026.
(Source: P.A. 102-671, eff. 11-30-21; 102-1119, eff. 1-23-23; 103-570, eff. 1-1-24.)
(30 ILCS 500/1-15.95)
Sec. 1-15.95. 
		Specifications. 
		"Specifications" means any
description, provision, or
requirement pertaining to the physical or functional
characteristics or of the nature of a supply,
service, or other item to be procured under a contract.
Specifications may include a description
of any requirement for inspecting, testing, or preparing a supply,
service, professional or artistic
service, construction, or other item for delivery.
(Source: P.A. 90-572, eff. 2-6-98.)
(30 ILCS 500/1-15.100)
Sec. 1-15.100. State agency. "State agency" means and includes all
boards, commissions, agencies, institutions, authorities, and bodies politic
and corporate of the State, created by or in accordance with the constitution
or statute, of the executive branch of State government and does include
colleges, universities, and institutions under the jurisdiction of the
governing boards of the University of Illinois, Southern Illinois University,
Illinois State University, Eastern Illinois University, Northern Illinois
University, Western Illinois University, Chicago State University, Governors 
State University, Northeastern Illinois University, and the Board of Higher
Education.  However, this term does
not apply to public employee retirement systems or investment boards that are
subject to fiduciary duties imposed by the Illinois Pension Code or to the
University of Illinois Foundation.  "State agency" does not include units of
local government, school districts, community colleges under the Public
Community College Act, and the Illinois Comprehensive Health Insurance Board.
(Source: P.A. 101-81, eff. 7-12-19.)
(30 ILCS 500/1-15.105)
Sec. 1-15.105. 
		State purchasing officer. 
		"State purchasing officer"
means a person appointed by any of the chief procurement officers to exercise
the procurement authority created by this Code or by rule.
(Source: P.A. 90-572, eff. 2-6-98.)
(30 ILCS 500/1-15.107)
Sec. 1-15.107. Subcontract.  "Subcontract" means a contract between a person and a person who has a contract subject to this Code, pursuant to which the subcontractor provides to the contractor, or, if the contract price exceeds the small purchase maximum established by Section 20-20 of this Code, another subcontractor, some or all of the goods, services, real property, remuneration, or other monetary forms of consideration that are the subject of the primary contract and includes, among other things, subleases from a lessee of a State agency. For purposes of this Code, a "subcontract" does not include purchases of goods or supplies that are incidental to the performance of a contract by a person who has a contract subject to this Code.
(Source: P.A. 102-721, eff. 1-1-23.)
(30 ILCS 500/1-15.108)
Sec. 1-15.108. Subcontractor. "Subcontractor" means a person or entity that enters into a contractual agreement with a total value that exceeds the small purchase maximum established by Section 20-20 of this Code with a person or entity who has a contract subject to this Code pursuant to which the person or entity provides some or all of the goods, services, real property, remuneration, or other monetary forms of consideration that are the subject of the primary State contract, including subleases from a lessee of a State contract. For purposes of this Code, a person or entity is not a "subcontractor" if that person only provides goods or supplies that are incidental to the performance of a contract by a person who has a contract subject to this Code.
(Source: P.A. 102-721, eff. 1-1-23.)
(30 ILCS 500/1-15.110)
Sec. 1-15.110. Supplies. "Supplies" means all personal
property, including but not
limited to equipment, materials, printing, and insurance, and the
financing of those supplies that can be procured regularly or are available on the commercial market.
(Source: P.A. 98-1076, eff. 1-1-15.)
(30 ILCS 500/1-15.111)
Sec. 1-15.111. Supplier.  "Supplier" means any person or entity providing supplies, including, but not limited to, equipment, materials, printing, and insurance, and the financing of those supplies that can be procured regularly or are available on the commercial market.
(Source: P.A. 98-1076, eff. 1-1-15.)
(30 ILCS 500/1-15.115)
Sec. 1-15.115. 
		Using agency. 
		"Using agency" means a
State agency that uses items
procured under this Code.
(Source: P.A. 90-572, eff. 2-6-98.)
(30 ILCS 500/1-15.120)
Sec. 1-15.120. Expatriated entity. "Expatriated entity" means a foreign incorporated entity which is treated as an inverted domestic corporation under subsection (b) of Section 835 of the Homeland Security Act of 2002, 6 U.S.C. 395(b), or any subsidiary of such an entity. The Federal regulations found at 26 CFR 1.7874-3 may be used to determine when 6 U.S.C. 395(b)(3) applies.
(Source: P.A. 100-551, eff. 1-1-18.)
(30 ILCS 500/1-25)
Sec. 1-25. 
		Property rights. 
		No person shall have any right to a specific
contract with the State unless that person has a contract that has been signed
by an officer or employee of the purchasing agency with appropriate signature
authority.  The State shall be under no obligation to issue an award or execute
a contract.
(Source: P.A. 90-572, eff. date - See Sec. 99-5.)
(30 ILCS 500/1-30)
Sec. 1-30. 
		
		Applicability to Constitutional Officers and the Legislative
and Judicial Branches.
(a) The constitutional officers
shall procure their needs in a manner substantially in accordance with the
requirements of this Code and shall promulgate rules no less restrictive than
the requirements of this Code.
(b) The legislative and judicial branches are exempt from this Code.  The
legislative and judicial branches shall make procurements in accordance with
rules promulgated to meet their needs. Procurement rules promulgated by the
legislative and judicial branches may incorporate provisions of this Code.
(Source: P.A. 90-572, eff. date - See Sec. 99-5.)
(30 ILCS 500/1-35)
Sec. 1-35. (Repealed).
(Source: P.A. 102-558, eff. 8-20-21. Repealed internally, eff. 7-17-23.)
(30 ILCS 500/1-40)
Sec. 1-40. Application to James R. Thompson Center. In accordance with Section 7.4 of the State Property Control Act, this Code does not apply to any procurements related to the sale of the James R. Thompson Center, provided that the process shall be conducted in a manner substantially in accordance with the requirements of the following Sections  of this Code: 20-160, 50-5, 50-10, 50-10.5, 50-12, 50-13, 50-15, 50-20, 50-21, 50-35, 50-36, 50-37, 50-38, and 50-50. The exemption contained in this Section does not apply to any leases involving the James R. Thompson Center, including a leaseback authorized under Section 7.4 of the State Property Control Act.
(Source: P.A. 102-558, eff. 8-20-21.)