2023 Illinois Compiled Statutes › Chapter 30 - FINANCE › 30 ILCS 500/ - Illinois Procurement Code. › Article 20 - Source Selection and Contract Formation

(30 ILCS 500/Art. 20 heading)
ARTICLE 20
SOURCE SELECTION AND CONTRACT FORMATION
(30 ILCS 500/20-5)
Sec. 20-5. Method of source selection. Unless otherwise authorized by
law, all State contracts shall be awarded
by competitive sealed bidding, in accordance with Section 20-10,
except as provided in Sections 20-15, 20-20, 20-25, 20-30, 20-35, 30-15, and
40-20. The chief procurement officers appointed pursuant to Section 10-20 may determine the method of solicitation and contract for all procurements pursuant to this Code.
(Source: P.A. 98-1076, eff. 1-1-15.)
(30 ILCS 500/20-10)
(Text of Section from P.A. 96-159, 96-588, 97-96, 97-895, 98-1076, 99-906, 100-43, 101-31, 101-657, 102-29, 103-558, and 103-564)
Sec. 20-10. Competitive sealed bidding; reverse auction.
(a) Conditions for use. All contracts shall be awarded by competitive sealed bidding except as otherwise provided in Section 20-5.
(b) Invitation for bids. An invitation for bids shall be issued and shall include a purchase description and the material contractual terms and conditions applicable to the procurement.
(c) Public notice. Public notice of the invitation for bids shall be published in the Illinois Procurement Bulletin at least 14 calendar days before the date set in the invitation for the opening of bids.
(d) Bid opening. Bids shall be opened publicly or through an electronic procurement system in the presence of one or more witnesses at the time and place designated in the invitation for bids. The name of each bidder, including earned and applied bid credit from the Illinois Works Jobs Program Act, the amount of each bid, and other relevant information as may be specified by rule shall be recorded. After the award of the contract, the winning bid and the record of each unsuccessful bid shall be open to public inspection.
(e) Bid acceptance and bid evaluation. Bids shall be unconditionally accepted without alteration or correction, except as authorized in this Code. Bids shall be evaluated based on the requirements set forth in the invitation for bids, which may include criteria to determine acceptability such as inspection, testing, quality, workmanship, delivery, and suitability for a particular purpose. Those criteria that will affect the bid price and be considered in evaluation for award, such as discounts, transportation costs, and total or life cycle costs, shall be objectively measurable. The invitation for bids shall set forth the evaluation criteria to be used.
(f) Correction or withdrawal of bids. Correction or withdrawal of inadvertently erroneous bids before or after award, or cancellation of awards of contracts based on bid mistakes, shall be permitted in accordance with rules. After bid opening, no changes in bid prices or other provisions of bids prejudicial to the interest of the State or fair competition shall be permitted. All decisions to permit the correction or withdrawal of bids based on bid mistakes shall be supported by written determination made by a State purchasing officer.
(g) Award. The contract shall be awarded with reasonable promptness by written notice to the lowest responsible and responsive bidder whose bid meets the requirements and criteria set forth in the invitation for bids, except when a State purchasing officer determines it is not in the best interest of the State and by written explanation determines another bidder shall receive the award. The explanation shall appear in the appropriate volume of the Illinois Procurement Bulletin. The written explanation must include:
(1) a description of the agency's needs;
(2) a determination that the anticipated cost will be     fair and reasonable;
(3) a listing of all responsible and responsive     bidders; and
(4) the name of the bidder selected, the total     contract price, and the reasons for selecting that bidder.
Each chief procurement officer may adopt guidelines to implement the requirements of this subsection (g).
The written explanation shall be filed with the Legislative Audit Commission, and the Commission on Equity and Inclusion, and the Procurement Policy Board, and be made available for inspection by the public, within 14 calendar days after the agency's decision to award the contract.
(g-5) Failed bid notice. In addition to the requirements of subsection (g), if a bidder has failed to be awarded a contract after 4 consecutive bids to provide the same services to the Department of Transportation, the Capital Development Board, or the Illinois State Toll Highway Authority, the applicable agency shall, in writing, detail why each of the 4 bids was not awarded to the bidder. The applicable agency shall submit by certified copy to the bidder the reason or reasons why each of the 4 bids was not awarded to the bidder. The agency shall submit that certified copy to the bidder within the same calendar quarter in which the fourth bid was rejected. This subsection does not apply if information pertaining to a failed bid was previously disclosed to a bidder by electronic means. If any agency chooses to provide information by electronic means, the agency shall have a written policy outlining how the agency will reasonably ensure the bidder receives the information. For the purposes of this subsection, "electronic means" means an email communication from the applicable agency to the bidder or a public posting on the applicable agency's procurement bulletin.
(h) Multi-step sealed bidding. When it is considered impracticable to initially prepare a purchase description to support an award based on price, an invitation for bids may be issued requesting the submission of unpriced offers to be followed by an invitation for bids limited to those bidders whose offers have been qualified under the criteria set forth in the first solicitation.
(i) Alternative procedures. Notwithstanding any other provision of this Act to the contrary, the Director of the Illinois Power Agency may create alternative bidding procedures to be used in procuring professional services under Section 1-56, subsections (a) and (c) of Section 1-75 and subsection (d) of Section 1-78 of the Illinois Power Agency Act and Section 16-111.5(c) of the Public Utilities Act and to procure renewable energy resources under Section 1-56 of the Illinois Power Agency Act. These alternative procedures shall be set forth together with the other criteria contained in the invitation for bids, and shall appear in the appropriate volume of the Illinois Procurement Bulletin.
(j) Reverse auction. Notwithstanding any other provision of this Section and in accordance with rules adopted by the chief procurement officer, that chief procurement officer may procure supplies or services through a competitive electronic auction bidding process after the chief procurement officer determines that the use of such a process will be in the best interest of the State. The chief procurement officer shall publish that determination in his or her next volume of the Illinois Procurement Bulletin.
An invitation for bids shall be issued and shall include (i) a procurement description, (ii) all contractual terms, whenever practical, and (iii) conditions applicable to the procurement, including a notice that bids will be received in an electronic auction manner.
Public notice of the invitation for bids shall be given in the same manner as provided in subsection (c).
Bids shall be accepted electronically at the time and in the manner designated in the invitation for bids. During the auction, a bidder's price shall be disclosed to other bidders. Bidders shall have the opportunity to reduce their bid prices during the auction. At the conclusion of the auction, the record of the bid prices received and the name of each bidder shall be open to public inspection.
After the auction period has terminated, withdrawal of bids shall be permitted as provided in subsection (f).
The contract shall be awarded within 60 calendar days after the auction by written notice to the lowest responsible bidder, or all bids shall be rejected except as otherwise provided in this Code. Extensions of the date for the award may be made by mutual written consent of the State purchasing officer and the lowest responsible bidder.
This subsection does not apply to (i) procurements of professional and artistic services, (ii) telecommunications services, communication services, and information services, and (iii) contracts for construction projects, including design professional services.
(Source: P.A. 102-29, eff. 6-25-21; 103-558, eff. 1-1-24; 103-564, eff. 11-17-23.)
(Text of Section from P.A. 96-159, 96-795, 97-96, 97-895, 98-1076, 99-906, 100-43, 101-31, 101-657, 102-29, 103-558, and 103-564)
Sec. 20-10. Competitive sealed bidding; reverse auction.
(a) Conditions for use. All contracts shall be awarded by competitive sealed bidding except as otherwise provided in Section 20-5.
(b) Invitation for bids. An invitation for bids shall be issued and shall include a purchase description and the material contractual terms and conditions applicable to the procurement.
(c) Public notice. Public notice of the invitation for bids shall be published in the Illinois Procurement Bulletin at least 14 calendar days before the date set in the invitation for the opening of bids.
(d) Bid opening. Bids shall be opened publicly or through an electronic procurement system in the presence of one or more witnesses at the time and place designated in the invitation for bids. The name of each bidder, including earned and applied bid credit from the Illinois Works Jobs Program Act, the amount of each bid, and other relevant information as may be specified by rule shall be recorded. After the award of the contract, the winning bid and the record of each unsuccessful bid shall be open to public inspection.
(e) Bid acceptance and bid evaluation. Bids shall be unconditionally accepted without alteration or correction, except as authorized in this Code. Bids shall be evaluated based on the requirements set forth in the invitation for bids, which may include criteria to determine acceptability such as inspection, testing, quality, workmanship, delivery, and suitability for a particular purpose. Those criteria that will affect the bid price and be considered in evaluation for award, such as discounts, transportation costs, and total or life cycle costs, shall be objectively measurable. The invitation for bids shall set forth the evaluation criteria to be used.
(f) Correction or withdrawal of bids. Correction or withdrawal of inadvertently erroneous bids before or after award, or cancellation of awards of contracts based on bid mistakes, shall be permitted in accordance with rules. After bid opening, no changes in bid prices or other provisions of bids prejudicial to the interest of the State or fair competition shall be permitted. All decisions to permit the correction or withdrawal of bids based on bid mistakes shall be supported by written determination made by a State purchasing officer.
(g) Award. The contract shall be awarded with reasonable promptness by written notice to the lowest responsible and responsive bidder whose bid meets the requirements and criteria set forth in the invitation for bids, except when a State purchasing officer determines it is not in the best interest of the State and by written explanation determines another bidder shall receive the award. The explanation shall appear in the appropriate volume of the Illinois Procurement Bulletin. The written explanation must include:
(1) a description of the agency's needs;
(2) a determination that the anticipated cost will be     fair and reasonable;
(3) a listing of all responsible and responsive     bidders; and
(4) the name of the bidder selected, the total     contract price, and the reasons for selecting that bidder.
Each chief procurement officer may adopt guidelines to implement the requirements of this subsection (g).
The written explanation shall be filed with the Legislative Audit Commission, and the Commission on Equity and Inclusion, and the Procurement Policy Board, and be made available for inspection by the public, within 14 days after the agency's decision to award the contract.
(g-5) Failed bid notice. In addition to the requirements of subsection (g), if a bidder has failed to be awarded a contract after 4 consecutive bids to provide the same services to the Department of Transportation, the Capital Development Board, or the Illinois State Toll Highway Authority, the applicable agency shall, in writing, detail why each of the 4 bids was not awarded to the bidder. The applicable agency shall submit by certified copy to the bidder the reason or reasons why each of the 4 bids was not awarded to the bidder. The agency shall submit that certified copy to the bidder within the same calendar quarter in which the fourth bid was rejected. This subsection does not apply if information pertaining to a failed bid was previously disclosed to a bidder by electronic means. If any agency chooses to provide information by electronic means, the agency shall have a written policy outlining how the agency will reasonably ensure the bidder receives the information. For the purposes of this subsection, "electronic means" means an email communication from the applicable agency to the bidder or a public posting on the applicable agency's procurement bulletin.
(h) Multi-step sealed bidding. When it is considered impracticable to initially prepare a purchase description to support an award based on price, an invitation for bids may be issued requesting the submission of unpriced offers to be followed by an invitation for bids limited to those bidders whose offers have been qualified under the criteria set forth in the first solicitation.
(i) Alternative procedures. Notwithstanding any other provision of this Act to the contrary, the Director of the Illinois Power Agency may create alternative bidding procedures to be used in procuring professional services under subsections (a) and (c) of Section 1-75 and subsection (d) of Section 1-78 of the Illinois Power Agency Act and Section 16-111.5(c) of the Public Utilities Act and to procure renewable energy resources under Section 1-56 of the Illinois Power Agency Act. These alternative procedures shall be set forth together with the other criteria contained in the invitation for bids, and shall appear in the appropriate volume of the Illinois Procurement Bulletin.
(j) Reverse auction. Notwithstanding any other provision of this Section and in accordance with rules adopted by the chief procurement officer, that chief procurement officer may procure supplies or services through a competitive electronic auction bidding process after the chief procurement officer determines that the use of such a process will be in the best interest of the State. The chief procurement officer shall publish that determination in his or her next volume of the Illinois Procurement Bulletin.
An invitation for bids shall be issued and shall include (i) a procurement description, (ii) all contractual terms, whenever practical, and (iii) conditions applicable to the procurement, including a notice that bids will be received in an electronic auction manner.
Public notice of the invitation for bids shall be given in the same manner as provided in subsection (c).
Bids shall be accepted electronically at the time and in the manner designated in the invitation for bids. During the auction, a bidder's price shall be disclosed to other bidders. Bidders shall have the opportunity to reduce their bid prices during the auction. At the conclusion of the auction, the record of the bid prices received and the name of each bidder shall be open to public inspection.
After the auction period has terminated, withdrawal of bids shall be permitted as provided in subsection (f).
The contract shall be awarded within 60 calendar days after the auction by written notice to the lowest responsible bidder, or all bids shall be rejected except as otherwise provided in this Code. Extensions of the date for the award may be made by mutual written consent of the State purchasing officer and the lowest responsible bidder.
This subsection does not apply to (i) procurements of professional and artistic services, (ii) telecommunications services, communication services, and information services, and (iii) contracts for construction projects, including design professional services.
(Source: P.A. 102-29, eff. 6-25-21; 103-558, eff. 1-1-24; 103-564, eff. 11-17-23.)
(30 ILCS 500/20-15)
Sec. 20-15. Competitive sealed proposals.
(a) Conditions for use.  When provided under this Code or under
rules, or when
the purchasing agency determines in writing that the use of
competitive sealed bidding
is either not practicable or not advantageous to the State, a
contract may be entered into by
competitive sealed proposals.
(b) Request for proposals.  Proposals shall be solicited
through a request for proposals.
(c) Public notice.  Public notice of the request for
proposals shall be published in the
Illinois Procurement Bulletin at least 14 calendar days before the date set
in the invitation for the opening
of proposals.
(d) Receipt of proposals.  Proposals shall be opened
publicly or via an electronic procurement system in the presence of one or
more witnesses at the time and place designated in the request for
proposals, but proposals shall
be opened in a manner to avoid disclosure of contents to competing
offerors during the process
of negotiation.  A record of proposals shall be prepared and
shall be open for public inspection
after contract award.
(e) Evaluation factors.   The requests for proposals shall
state the relative importance of
price and other evaluation factors.  Proposals shall be submitted
in 3 parts:  the first, price; the second, commitment to diversity; and the third, all other items. Each part of all proposals shall be evaluated and ranked independently of the other parts of all proposals.  The results of the evaluation of all 3 parts shall be used in ranking of proposals.
(e-5) Method of scoring.
(1) The point scoring methodology for competitive     sealed proposals shall provide points for commitment to diversity.  Those points shall be equivalent to 20% of the points assigned to the third part of the proposal, all other items.
(2) Factors to be considered in the award of points     for the commitment to diversity component shall be set by rule by the applicable chief procurement officer and may include, but are not limited to:
(A) whether or how well the offeror, on the         solicitation being    evaluated, met the goal of contracting or subcontracting with businesses owned by women, minorities, or persons with disabilities;
(B) whether the offeror, on the solicitation         being evaluated, assisted businesses owned by women, minorities, or persons with disabilities in obtaining lines of credit, insurance, necessary equipment, supplies, materials, or related assistance or services;
(C) the percentage of prior year revenues of the         offeror that    involve businesses owned by women, minorities, or persons with disabilities;
(D) whether the offeror has a written supplier         diversity program, including, but not limited to, use of diverse vendors in the supply chain and a training or mentoring program with businesses owned by women, minorities, or persons with disabilities; and
(E) the percentage of members of the offeror's         governing board, senior executives, and managers who are women, minorities, or persons with disabilities.
(3) If any State agency or public institution of     higher education contract is eligible to be paid for or reimbursed, in whole or in part, with federal-aid funds, grants, or loans, and the provisions of this subsection (e-5) would result in the loss of those federal-aid funds, grants, or loans, then the contract is exempt from the provisions of this Section in order to remain eligible for those federal-aid funds, grants, or loans.      For the purposes of this subsection (e-5):
"Manager" means a person who controls or administers     all or part of a company or similar organization.
"Minorities" has the same meaning as "minority     person" under Section 2 of the Business Enterprise for Minorities, Women, and Persons with Disabilities Act.
"Persons with disabilities" has the same meaning as     "person with a disability" under Section 2 of the Business Enterprise for Minorities, Women, and Persons with Disabilities Act.
"Senior executive" means the chief executive officer,     chief operating officer, chief financial officer, or anyone else in charge of a principal business unit or function.
"Women" has the same meaning as "woman" under Section     2 of the Business Enterprise for Minorities, Women, and Persons with Disabilities Act.
(f) Discussion with responsible offerors and revisions of offers or
proposals.  As provided in the
request for proposals and under rules, discussions
may be conducted with
responsible offerors who submit offers or proposals determined to be
reasonably susceptible of being
selected for award for the purpose of clarifying and assuring full
understanding of and
responsiveness to the solicitation requirements.  Those offerors
shall be accorded fair and equal
treatment with respect to any opportunity for discussion and
revision of proposals.  Revisions
may be permitted after submission and before award for the
purpose of obtaining best and final
offers.  In conducting discussions there shall be no disclosure of
any information derived from
proposals submitted by competing offerors.
 If information is disclosed to any offeror, it shall be
provided to all competing offerors.
(g) Award.  Awards shall be made to the responsible offeror
whose proposal is
determined in writing to be the most advantageous to the State,
taking into consideration price and the evaluation factors set forth in the request for proposals.
 The contract file shall contain
the basis on which the award is
made.
(Source: P.A. 101-657, eff. 7-1-21 (See Section 25 of P.A. 102-29 for effective date of 101-657); 102-29, eff. 6-25-21.)
(30 ILCS 500/20-20)
Sec. 20-20. Small purchases.
(a) Amount.  Any individual procurement of supplies or
services not exceeding $100,000 and any procurement of
construction not exceeding $100,000, or any individual procurement of professional or artistic services not exceeding $100,000 may be made without competitive source selection.
Procurements shall not be artificially
divided so as to constitute a small purchase under this Section. Any procurement of construction not exceeding $100,000 may be made by an alternative competitive source selection. The construction agency shall establish rules for an alternative competitive source selection process. This Section does not apply to construction-related professional services contracts awarded in accordance with the provisions of the Architectural, Engineering, and Land Surveying Qualifications Based Selection Act.
(b) Adjustment.  Each July 1, the small purchase maximum
established in subsection (a)
shall be adjusted for inflation as determined by the Consumer
Price Index for All Urban Consumers as determined by the United States
Department of Labor and rounded to the nearest $100.
(c) Based upon rules proposed by the Board and rules promulgated by the
chief procurement officers, the small purchase maximum established in
subsection
(a) may be modified.
(d) Certification. All small purchases with an annual value that exceeds $50,000 shall be accompanied by Standard Illinois Certifications in a form prescribed by each Chief Procurement Officer.
(Source: P.A. 102-721, eff. 1-1-23; 102-1115, eff. 1-23-23 (See Section 99-999 of P.A. 102-1115 for effective date of P.A. 102-1115); 102-1119, eff. 1-23-23.)
(30 ILCS 500/20-25)
Sec. 20-25. Sole source procurements.
(a) In accordance with
standards set by rule,
contracts may be awarded without use of the specified
method of source selection when
there is only one economically feasible source for the item. A State contract may be awarded as a sole source contract unless an interested party submits a written request for a public hearing at which the chief procurement officer and purchasing agency present written justification for the procurement method. Any interested party may present testimony. A sole source contract where a hearing was requested by an interested party may be awarded after the hearing is conducted with the approval of the chief procurement officer.
(b) This Section may not be used as a basis for amending a contract for professional or artistic services if the amendment would result in an increase in the amount paid under the contract of more than 5% of the initial award, or would extend the contract term beyond the time reasonably needed for a competitive procurement, not to exceed 2 months.
(c) Notice of intent to enter into a sole source contract shall be provided to the  Procurement Policy Board and the Commission on Equity and Inclusion and published in the online electronic Bulletin at least 14 calendar days before the public hearing required in subsection (a). The notice shall include the sole source procurement justification form prescribed by the Board, a description of the item to be procured, the intended sole source contractor, and the date, time, and location of the public hearing. A copy of the notice and all documents provided at the hearing shall be included in the subsequent Procurement Bulletin.
(d) By August 1 each year, each chief procurement officer shall file  a report with  the General Assembly identifying  each contract the officer sought under the  sole source procurement method and providing  the justification given for seeking sole source as the procurement method for each of those  contracts.
(Source: P.A. 100-43, eff. 8-9-17; 101-657, eff. 1-1-22.)
(30 ILCS 500/20-25.1)
Sec. 20-25.1. Special expedited procurement.
(a) The Chief Procurement Officer shall work with the Department of Healthcare and Family Services to identify an appropriate method of source selection that will result in an executed contract for the technology required by Section 5-30.12 of the Illinois Public Aid Code no later than August 1, 2019 in order to target implementation of the technology to be procured by January 1, 2020.  The method of source selection may be sole source, emergency, or other expedited process.
(b) Due to the negative impact on access to critical State health care services and the ability to draw federal match for services being reimbursed caused by issues with implementation of the Integrated Eligibility System by the Department of Human Services, the Department of Healthcare and Family Services, and the Department of Innovation and Technology, the General Assembly finds that a threat to public health exists and to prevent or minimize serious disruption in critical State services that affect health, an emergency purchase of a vendor shall be made by the Department of Healthcare and Family Services to assess the Integrated Eligibility System for critical gaps and processing errors and to monitor the performance of the Integrated Eligibility System vendor under the terms of its contract.  The emergency purchase shall not exceed 2 years. Notwithstanding any other provision of this Code, such emergency purchase shall extend without a hearing required by Section 20-30 until the integrated eligibility system is stabilized and performing according to the needs of the State to ensure continued access to health care for eligible individuals.
(Source: P.A. 101-209, eff. 8-5-19.)
(30 ILCS 500/20-25.2)
Sec. 20-25.2. Procurement of licensing software by the Department of Financial and Professional Regulation.
(a) Notwithstanding any other provision of this Code or any law to the contrary, the Department of Financial and Professional Regulation shall identify a method of source selection that will make it possible to implement a software solution to support the Department's mandates to enforce the professional licensing Acts that it administers and rules adopted under those Acts. The source selection method identified by the Department is not limited to those otherwise set forth in this Code. The software solution selected by the Department shall electronically provide for the issuance of licenses, registrations, or certificates issued by the Department in accordance with the professional Acts and rules that it administers, shall provide for the electronic processing of license, registration, or certificate fees and fine payments, shall interface with third-party applications necessary for the fulfillment of licensing requirements, shall provide applicants and licensees, registrants, or certificate holders with online access to license, registration, or certificate status and history, and shall provide for oversight and enforcement of the professional Acts administered by the Department.
(b) The method of source selection shall be by an expedited, competitive process approved by the Department's Chief Procurement Officer. All potential contractors shall be registered in the Illinois Procurement Gateway vendor portal prior to contract execution.
(c) Except for Sections 5-5, 5-7, 10-10, 20-80, 20-120, 20-155, 20-160, and 25-60 and Article 50 of this Code and any rules adopted under those Sections and Article, this Code does not apply to procurements required by this Section notwithstanding any other provision of this Code or any law to the contrary.
(d) The contracts for the software solution shall be executed no later than 90 days after the effective date of this amendatory Act of the 103rd General Assembly. Implementation of the software solution shall begin no later than 90 days after the contract execution date.
(e) The Department of Financial and Professional Regulation shall consult with the Department of Innovation and Technology to ensure the resulting contracts provide cybersecurity protection and are consistent with information technology standards as determined by the Department of Innovation and Technology. The term of the contracts shall not exceed 10 years.
(f) The Department of Financial and Professional Regulation shall publish notice of each contract entered into under this Section in the Procurement Bulletin within 14 calendar days after the execution of the contract. The Department's Chief Procurement Officer shall prescribe the form and content of the notice. A copy of the contract shall be made available to the Department's Chief Procurement Officer immediately upon request.
(g) This Section is inoperative one year after effective date of this amendatory Act of the 103rd General Assembly.
(Source: P.A. 103-568, eff. 12-8-23.)
(30 ILCS 500/20-30)
Sec. 20-30. Emergency purchases.
(a) Conditions for use.  In accordance with standards set by
rule, a purchasing
agency may make emergency procurements without competitive sealed
bidding or prior notice
when there exists a threat to public health or public safety, or
when immediate expenditure is
necessary for repairs to State property in order to protect
against further loss of or damage to
State property, to prevent or minimize serious disruption in critical State
services that affect health, safety, or collection of substantial State revenues, or to ensure the
integrity of State records; provided, however, that the term of the emergency purchase shall be limited to the time reasonably needed for a competitive procurement, not to exceed 90 calendar days. A contract may be extended beyond 90 calendar days with the approval of the chief procurement officer. Prior to execution of the extension, the  chief procurement officer shall receive written justification for the extension.  The duration of the extension shall be limited to the scope of the emergency.  Emergency procurements shall be made
with as much competition
as is practicable under the circumstances, and agencies shall use best efforts to include contractors certified under the Business Enterprise Program in the agencies' emergency procurement process.
 A written
description of the basis for the emergency and reasons for the
selection of the particular
contractor shall be included in the contract file.
(b) Notice. Notice of all emergency procurements shall be provided to the Procurement Policy Board and the Commission on Equity and Inclusion and published in the online electronic Bulletin no later than 5 calendar days after the contract is awarded. Notice of the extension of an emergency contract shall be provided to the Procurement Policy Board and the Commission on Equity and Inclusion and published in the online electronic Bulletin no later than 7 calendar days after the extension is executed. Notice shall include at least a description of the need for the emergency purchase and the contractor. A copy of this notice shall be included in the subsequent Procurement Bulletin.  Before the next appropriate volume of the Illinois Procurement
Bulletin, the purchasing agency shall publish in the
Illinois Procurement Bulletin a copy of each written description
and reasons and the total cost
of each emergency procurement made during the previous month.
When only an estimate of the
total cost is known at the time of publication, the estimate shall
be identified as an estimate and
published.  When the actual total cost is determined, it shall
also be published in like manner
before the 10th day of the next succeeding month.
(c) Statements.  A chief procurement officer making a procurement
under this Section shall file statements
 with the Procurement Policy Board, the Commission on Equity and Inclusion, and the Auditor  General within
10 calendar days
after the procurement setting
forth the  amount expended, the name of the contractor involved,
and the conditions and
circumstances requiring the emergency procurement.  When only an
estimate of the cost is
available within 10 calendar days after the procurement,  the actual cost
shall be reported immediately
after it is determined.  At the end of each fiscal quarter, the
Auditor General shall file with the
Legislative Audit Commission and the Governor a complete listing
of all emergency
procurements reported during that fiscal quarter.  The Legislative
Audit Commission shall
review the emergency  procurements so reported and, in its annual
reports, advise the General
Assembly of procurements that appear to constitute an abuse of
this Section.
(d) Quick purchases.  The chief procurement officer may promulgate rules
extending the circumstances by which a purchasing agency may make purchases
under this Section, including but not limited to the procurement of items
available at a discount for a limited period of time.
(d-5)    The chief procurement officer shall adopt rules regarding the use of contractors certified in the Business Enterprise Program in emergency and quick purchase procurements.
(e) The changes to this Section made by this amendatory Act of the 102nd General Assembly apply to procurements executed on or after its effective date.
(Source: P.A. 101-657, eff. 1-1-22; 102-29, eff. 6-25-21; 102-1119, eff. 1-23-23.)
(30 ILCS 500/20-35)
Sec. 20-35. Competitive selection procedures.
(a) Conditions for use.  The services specified in Article
35
shall be procured in accordance with this Section,
except as authorized under Sections
20-25 and 20-30 of
this Article.
(b) Statement of qualifications. Respondents shall
submit statements of
qualifications and expressions of interest.  The chief procurement officer
shall specify a uniform format for
statements of qualifications. Persons may amend these statements
at any time by filing a new
statement.
(c) Public announcement and form of request for proposals.
Public notice of the need
for the procurement shall be given in the form of a request for
proposals and published in the
Illinois Procurement Bulletin at least 14 calendar days before the date set
in the request for proposals for
the opening of proposals.  The request for proposals shall
describe the services required, list the type of information and data required
of each respondent, and state the
relative importance of particular qualifications.
(d) Discussions.  The purchasing agency may conduct
discussions with any respondent who
has submitted a response to determine the respondent's qualifications
for further consideration.
Discussions shall not disclose any information derived from
proposals submitted by other respondents.
(e) Award.  Award shall be made to the respondent determined in
writing by the purchasing
agency to be best qualified based on the evaluation factors set
forth in the request for proposals
and negotiation of compensation determined to be fair and
reasonable.
(Source: P.A. 98-1076, eff. 1-1-15.)
(30 ILCS 500/20-40)
Sec. 20-40. Cancellation of invitations for bids or
requests for proposals.  An
invitation for bids, a request for proposals, or any other
solicitation may be cancelled without penalty, or any
and all bids, offers, proposals, or any other solicitation may be rejected in whole or in part as
may be specified in the
solicitation, when it is in the best interests of the State in
accordance with rules.
 The reasons for cancellation or rejection shall be
made part of the contract file.
(Source: P.A. 98-1076, eff. 1-1-15.)
(30 ILCS 500/20-43)
Sec. 20-43. Bidder or offeror authorized to transact business or conduct affairs in Illinois. In addition to meeting any other requirement of law or rule, a person (other than an individual acting as a sole proprietor) may qualify as a bidder or offeror under this Code only if the person is a legal entity prior to submitting the bid, offer, or proposal. The legal entity must be authorized to transact business or conduct affairs in Illinois prior to execution of the contract. This Section shall not apply to construction contracts that are subject to the requirements of Sections 30-20 and 33-10 of this Code. The pre-qualification requirements of Sections 30-20 and 33-10 of this Code shall include the requirement that the bidder be registered with the Secretary of State.
(Source: P.A. 100-43, eff. 8-9-17.)
(30 ILCS 500/20-45)
Sec. 20-45. 
		Prequalification of suppliers. 
		The chief procurement officer
shall promulgate rules for the
development of prequalified supplier lists for appropriate
categories of purchases and the annual
updating of those lists.
(Source: P.A. 90-572, eff. date - See Sec. 99-5.)
(30 ILCS 500/20-50)
Sec. 20-50. Specifications. Specifications shall be
prepared in accordance with consistent
standards that are promulgated by the chief procurement officer and reviewed by
the
Board and the Joint Committee on Administrative Rules.  Those standards shall
include
a prohibition against the use
of brand-name only products, except for products intended for retail sale or as
specified by rule.  All specifications
shall seek to promote overall
economy for the purposes intended and encourage competition in
satisfying the State's needs
and shall not be unduly restrictive.
A solicitation or specification for a contract or a contract, including but not limited to of a college, university, or institution under the jurisdiction of a
governing board listed in Section 1-15.100, may not require, stipulate,
suggest, or encourage a monetary or other financial contribution or donation, cash bonus or incentive, economic investment, or other prohibited conduct as
an explicit or implied term or condition for awarding or completing the
contract.  The contract, solicitation, or specification also may not include
a requirement that an individual or individuals employed by
such
a college,
university, or institution receive a consulting
contract for professional services.
As used in this Section, "prohibited conduct" includes requested payments or other consideration by a third party to the university or State agency that is not part of the solicitation or that is unrelated to the subject matter or purpose of the solicitation.  "Prohibited conduct" does not include a payment from the vendor that is supported by additional consideration (such as exclusive rights to sell items or rights to advertise), other than the consideration of the State's awarding a contract to purchase of goods and services.
(Source: P.A. 98-1076, eff. 1-1-15.)
(30 ILCS 500/20-55)
Sec. 20-55. 
		Types of contracts. 
		Subject to the
limitations of this Section and unless
otherwise authorized by law, any type of contract that will
promote the best interests of the State
may be used, except that cost-plus-a-percentage-of-cost contracts
are prohibited. A
cost-reimbursement contract may be used only when a determination
is made in writing that a
cost-reimbursement contract is likely to be less costly to the
State than any other type or that it
is impracticable to obtain the item required except under that
type of contract.  The general form
of contracts shall be determined by the chief procurement officer.
(Source: P.A. 90-572, eff. date - See Sec. 99-5.)
(30 ILCS 500/20-57)
Sec. 20-57. Software licensing contracts. A contract entered into by a public agency for the licensing of software applications designed to run on generally available desktop or server hardware may not limit the public agency's ability to install or run the software on any of the public agency's hardware.
(Source: P.A. 103-570, eff. 1-1-24.)
(30 ILCS 500/20-60)
Sec. 20-60. Duration of contracts.
(a) Maximum duration. A contract may be entered into for any period of time deemed to be in the best interests of the State but not exceeding 10 years inclusive, beginning January 1, 2010, of proposed contract renewals; provided, however, in connection with the issuance of certificates of participation or bonds, the governing board of a public institution of higher education may enter into contracts in excess of 10 years but not to exceed 30 years for the purpose of financing or refinancing real or personal property. Third parties may lease State-owned dark fiber networks for any period of time deemed to be in the best interest of the State, but not exceeding 20 years. The length of a lease for real property or capital improvements shall be in accordance with the provisions of Section 40-25. The length of energy conservation program contracts or energy savings contracts or leases shall be in accordance with the provisions of Section 25-45. A contract for bond or mortgage insurance awarded by the Illinois Housing Development Authority, however, may be entered into for any period of time less than or equal to the maximum period of time that the subject bond or mortgage may remain outstanding.
(b) Subject to appropriation. All contracts made or entered into shall recite that they are subject to termination and cancellation in any year for which the General Assembly fails to make an appropriation to make payments under the terms of the contract.
(c) The chief procurement officer shall file a proposed extension or renewal of a contract with the Procurement Policy Board and the Commission on Equity and Inclusion prior to entering into any extension or renewal if the cost associated with the extension or renewal exceeds $249,999. The Procurement Policy Board or the Commission on Equity and Inclusion may object to the proposed extension or renewal within 14 calendar days and require a hearing before the Board or the Commission on Equity and Inclusion prior to entering into the extension or renewal. If the Procurement Policy Board or the Commission on Equity and Inclusion does not object within 14 calendar days or takes affirmative action to recommend the extension or renewal, the chief procurement officer may enter into the extension or renewal of a contract. This subsection does not apply to any emergency procurement, any procurement under Article 40, or any procurement exempted by Section 1-10(b) of this Code. If any State agency contract is paid for in whole or in part with federal-aid funds, grants, or loans and the provisions of this subsection would result in the loss of those federal-aid funds, grants, or loans, then the contract is exempt from the provisions of this subsection in order to remain eligible for those federal-aid funds, grants, or loans, and the State agency shall file notice of this exemption with the Procurement Policy Board or the Commission on Equity and Inclusion prior to entering into the proposed extension or renewal. Nothing in this subsection permits a chief procurement officer to enter into an extension or renewal in violation of subsection (a). By August 1 each year, the Procurement Policy Board and the Commission on Equity and Inclusion shall each file a report with the General Assembly identifying for the previous fiscal year (i) the proposed extensions or renewals that were filed and whether such extensions and renewals were objected to and (ii) the contracts exempt from this subsection.
(d) Notwithstanding the provisions of subsection (a) of this Section, the Department of Innovation and Technology may enter into leases for dark fiber networks for any period of time deemed to be in the best interests of the State but not exceeding 20 years inclusive. The Department of Innovation and Technology may lease dark fiber networks from third parties only for the primary purpose of providing services (i) to the offices of Governor, Lieutenant Governor, Attorney General, Secretary of State, Comptroller, or Treasurer and State agencies, as defined under Section 5-15 of the Civil Administrative Code of Illinois or (ii) for anchor institutions, as defined in Section 7 of the Illinois Century Network Act. Dark fiber network lease contracts shall be subject to all other provisions of this Code and any applicable rules or requirements, including, but not limited to, publication of lease solicitations, use of standard State contracting terms and conditions, and approval of vendor certifications and financial disclosures.
(e) As used in this Section, "dark fiber network" means a network of fiber optic cables laid but currently unused by a third party that the third party is leasing for use as network infrastructure.
(f) No vendor shall be eligible for renewal of a contract when that vendor has failed to meet the goals agreed to in the vendor's utilization plan, as defined in Section 2 of the Business Enterprise for Minorities, Women, and Persons with Disabilities Act, unless the State agency or public institution of higher education has determined that the vendor made good faith efforts toward meeting the contract goals. If the State agency or public institution of higher education determines that the vendor made good faith efforts, the agency or public institution of higher education may issue a waiver after concurrence by the chief procurement officer, which shall not be unreasonably withheld or impair a State agency determination to execute the renewal. The form and content of the waiver shall be prescribed by each chief procurement officer, but shall not impair a State agency or public institution of higher education determination to execute the renewal. The chief procurement officer shall post the completed form on his or her official website within 5 business days after receipt from the State agency or public institution of higher education. The chief procurement officer shall maintain on his or her official website a database of waivers granted under this Section with respect to contracts under his or her jurisdiction. The database shall be updated periodically and shall be searchable by contractor name and by contracting State agency or public institution of higher education.
(Source: P.A. 102-29, eff. 6-25-21; 102-721, eff. 1-1-23; 103-570, eff. 1-1-24.)
(30 ILCS 500/20-65)
Sec. 20-65. Right to audit records.
(a) Maintenance of books and records.  Every contract and
subcontract shall require the
contractor or subcontractor, as applicable, to maintain books and
records relating to the
performance of the contract or subcontract and necessary to
support amounts charged to the State
under the contract or subcontract.  The books and records shall be
maintained by the contractor
for a period of 3 years from the later of the date of final
payment under the contract or
completion of the contract and by the subcontractor for a period
of 3 years from the later of the
date of final payment under the subcontract or completion of the
subcontract.  However, the 3-year
period shall be extended for the duration of any audit in
progress at the time of that
period's expiration.
(b) Audit.  Every contract and subcontract shall provide
that all books and records
required to be maintained under subsection (a) shall be
available for review and audit by
the Auditor General, chief procurement officer, internal auditor, and the purchasing agency.  Every contract
and subcontract shall require
the contractor and subcontractor, as applicable, to cooperate
fully with any audit.
(c) Failure
to maintain books and records.  Failure to maintain the
books and records required by
this Section shall establish a presumption in favor of the State
for the recovery of any funds paid
by the State for which required books and records are not
available.
(Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793 for the effective date of changes made by P.A. 96-795).)
(30 ILCS 500/20-70)
Sec. 20-70. Finality of determinations. Except as otherwise provided in this Code, determinations 
made by a chief procurement officer, State purchasing officer, or a purchasing agency
under this Code are final and conclusive unless they are clearly
erroneous, arbitrary, capricious,
or contrary to law.
(Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793 for the effective date of changes made by P.A. 96-795).)
(30 ILCS 500/20-75)
Sec. 20-75. Disputes and protests. The chief procurement officers shall
by rule establish procedures to
be followed in resolving protested
solicitations and awards and contract
controversies, for debarment or suspension of contractors, and for
resolving other procurement-related disputes. At a minimum, the established procedures must include the requirement that the chief procurement officer resolve the protest by means of a written determination within 30 days of receiving all relevant requested information, unless an action concerning the protest has commenced in a court or administrative body, in which case, the chief procurement officer may defer resolution of the protest pending the judicial or administrative proceeding.
(Source: P.A. 102-721, eff. 1-1-23.)
(30 ILCS 500/20-80)
Sec. 20-80. Contract files.
(a) Written determinations.  All written determinations
required under this Article shall
be placed in the contract file maintained by the chief procurement officer.
(b) Filing with Comptroller.  Whenever a grant, defined pursuant to
accounting standards established by the Comptroller, or a contract
liability,
except for:
(1) contracts paid
from personal services,
(2) contracts between the State and its
employees to defer
compensation in accordance with Article 24 of the Illinois Pension Code, or (3) contracts or grants that do not obligate funds held within the State treasury for fiscal year 2022 and thereafter,
exceeding $20,000 is incurred by any
State agency, a copy of the contract, purchase order, grant, or
lease shall be filed with the
Comptroller within 30 calendar days thereafter. Beginning in fiscal year 2022, information pertaining to contracts or grants exceeding $20,000 that do not obligate funds held within the State treasury shall be submitted in a quarterly report to the Comptroller in a form and manner prescribed by the Comptroller. The Comptroller shall make the quarterly report available on his or her website. Beginning January 1, 2013, the Comptroller may require that contracts and grants required to be filed with the Comptroller under this Section shall be filed electronically, unless the agency is incapable of filing the contract or grant electronically because it does not possess the necessary technology or equipment. Any State agency that is incapable of electronically filing its contracts or grants shall submit a written statement to the Governor and to the Comptroller attesting to the reasons for its inability to comply. This statement shall include a discussion of what the State agency needs in order to effectively comply with this Section. Prior to requiring electronic filing, the Comptroller shall consult with the Governor as to the feasibility of establishing mutually agreeable technical standards for the electronic document imaging, storage, and transfer of contracts and grants, taking into consideration the technology available to that agency, best practices, and the technological capabilities of State agencies. Nothing in this amendatory Act of the 97th General Assembly shall be construed to impede the implementation of an Enterprise Resource Planning (ERP) system.  For each State contract for supplies or services awarded on or after July 1, 2010, the contracting agency shall provide the applicable rate and unit of measurement of the supplies or services on the contract obligation document as required by the Comptroller.  If the contract obligation document that is submitted to the Comptroller contains the rate and unit of measurement of the supplies or services, the Comptroller shall provide that information on his or her official website. Any cancellation or
modification to any such contract
liability shall be filed with the Comptroller within 30 calendar days of
its execution.
(c) Late filing affidavit.  When a contract, purchase order, grant,
or lease required to be
filed by this Section has not been filed within 30 calendar days of
execution, the Comptroller shall refuse
to issue a warrant for payment thereunder until the agency files
with the Comptroller the
contract, purchase order, grant, or lease and an affidavit, signed by the
chief executive officer of the
agency or his or her designee, setting forth an explanation of why
the contract liability was not
filed within 30 calendar days of execution.  A copy of this affidavit shall
be filed with the Auditor
General.
(d) Timely execution of contracts. Except as set forth in subsection (b) of this Section, no
voucher shall be submitted to the
Comptroller for a warrant to be drawn for the payment of money
from the State treasury or from
other funds held by the State Treasurer on account of any contract unless the
contract is reduced to writing
before the services are performed and filed with the Comptroller. Contractors shall not be paid for any supplies that were received or services that were rendered before the contract was reduced to writing and signed by all necessary parties. A chief procurement officer may approve an exception to this subsection by submitting a written statement to the Comptroller setting forth the circumstances and reasons why the contract could not be reduced to writing before the supplies were received or services were performed. This Section shall not apply to emergency purchases if notice of the emergency purchase is filed with the Procurement Policy Board and published in the Bulletin as required by this Code.
(e) Method of source selection.  When a contract is filed
with the Comptroller under this
Section, the Comptroller's file shall identify the method of
source selection used in obtaining the
contract.
(Source: P.A. 102-291, eff. 8-6-21; 102-783, eff. 5-13-22.)
(30 ILCS 500/20-85)
Sec. 20-85. 
		Federal requirements. 
		A State agency receiving federal-aid
funds, grants, or loans shall have authority to adopt its procedures, rules,
project statements, drawings, maps, surveys, plans, specifications, contract
terms, estimates, bid forms, bond forms, and other documents or practices to
comply with the regulations, policies, and procedures of the designated
authority, administration, or department of the United States, in order to
remain eligible for such federal-aid funds, grants, or loans.
(Source: P.A. 90-572, eff. date - See Sec. 99-5.)
(30 ILCS 500/20-90)
Sec. 20-90. 
		Foreign country procurements. 
		Procurements to meet the needs
of State offices located in foreign countries shall comply with the provisions
of this Code to the extent practical.
(Source: P.A. 90-572, eff. date - See Sec. 99-5.)
(30 ILCS 500/20-95)
Sec. 20-95. Donations. Nothing in this Code or in the rules promulgated
under this Code shall prevent any State agency from complying with the terms
and conditions of any grant, gift, or bequest that calls for the procurement of
a particular good or service or the use of a particular vendor, provided
that the grant, gift, or bequest provides majority funding for the contract.
(Source: P.A. 98-1076, eff. 1-1-15.)
(30 ILCS 500/20-105)
Sec. 20-105. State agency printing. All books, pamphlets, documents, and
reports published through or by
the State of Illinois or any State agency, board, or commission
shall have printed thereon
"Printed by authority of the State of Illinois", the date of each
publication, the number of copies
printed, and the printing order number.  Each using agency shall be
responsible for ascertaining
the compliance of printing materials procured by or for it with
this Section.  No printing or
reproduction contract shall be let and no printing or
reproduction shall be accomplished when
that wording does not appear on the material to be printed or
reproduced.  No publication
may have written, stamped, or printed on it, or attached to it,
"Compliments of ........
(naming a person)" or any words of similar import.
This Section does not apply to the printing by a public institution of higher education of material not paid for in any portion from funds appropriated by the General Assembly, printing that is performed by a university unit, or printing that is performed in conjunction with contracts referenced in  subsection (b)(1) of Section 1-10.
(Source: P.A. 95-75, eff. 8-13-07.)
(30 ILCS 500/20-110)
Sec. 20-110. 
		Printing cost offsets. 
		The chief procurement officer may
promulgate rules permitting the exchange of advertising rights in or receipt of
free copies of printed products procured under this Article as a means of
reducing printing costs.  The rules shall specify the appropriate method of
source selection to be used to competitively acquire printing cost offsets.
(Source: P.A. 90-572, eff. date - See Sec. 99-5.)
(30 ILCS 500/20-120)
Sec. 20-120. Subcontractors.
(a) Any contract granted under this Code shall state whether the services of a subcontractor will be used. The contract shall include the names and addresses of all known subcontractors with subcontracts with an annual value 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, State purchasing officer, or their designee of the names and addresses of each new or replaced subcontractor and the general type of work to be performed. Upon the request of the chief procurement officer appointed pursuant to paragraph (2) of subsection (a) of Section 10-20, the contractor shall provide the chief procurement officer a copy of any new or amended subcontract so identified within 15 calendar days after the request is made.
(c) In addition to any other requirements of this Code, a subcontract subject to this Section must include all of the subcontractor's certifications required by Article 50 of the Code.
(d) This Section applies to procurements solicited on or after the effective date of this amendatory Act of the 96th General Assembly.
The changes made to this Section by this amendatory Act of the 97th General Assembly apply to procurements solicited on or after the effective date of this amendatory Act of the 97th General Assembly.
(Source: P.A. 102-721, eff. 1-1-23.)
(30 ILCS 500/20-150)
Sec. 20-150. Proposed contracts; Procurement Policy Board. This Article is subject to Section 5-30 of this Code.
(Source: P.A. 93-839, eff. 7-30-04.)
(30 ILCS 500/20-155)
Sec. 20-155. Solicitation and contract documents.
(a) Each chief procurement officer appointed pursuant to Section 10-20 shall have the sole authority in their respective jurisdiction to develop and distribute uniform documents for the solicitation, review, and acceptance of all bids, offers, and responses and the award of contracts pursuant to this Code.  If a chief procurement officer appointed pursuant to Section 10-20 exercises the authority to develop and distribute uniform documents for the solicitation, review and acceptance of all bids, offers and responses and the award of contracts, then the State agency shall use the uniform documents.
(b) After award of a contract and subject to provisions of the Freedom of Information Act, the procuring agency shall make available for public inspection and copying all pre-award, post-award, administration, and close-out documents relating to that particular contract.
(c)        A procurement file shall be maintained for all contracts, regardless of the method of procurement. The procurement file shall contain the basis on which the award is made, all submitted bids and proposals, all evaluation materials, score sheets and all other documentation related to or prepared in conjunction with evaluation, negotiation, and the award process. The procurement file shall contain a written determination, signed by the chief procurement officer or State purchasing officer, setting forth the reasoning for the contract award decision. The procurement file shall not include trade secrets or other competitively sensitive, confidential, or proprietary information. The procurement file shall be open to public inspection within 7 calendar days following award of the contract.
(Source: P.A. 97-895, eff. 8-3-12; 98-1076, eff. 1-1-15.)
(30 ILCS 500/20-160)
Sec. 20-160. Business entities; certification; registration with the State Board of Elections.
(a) For purposes of this Section, the terms "business entity", "contract", "State contract", "contract with a State agency", "State agency", "affiliated entity", and "affiliated person" have the meanings ascribed to those terms in Section 50-37.
(b) Every bid and offer submitted to and every contract executed by the State on or after January 1, 2009 (the effective date of Public Act 95-971) and every submission to a vendor portal shall contain (1) a certification by the bidder, offeror, vendor, or contractor that either (i) the bidder, offeror, vendor, or contractor is not required to register as a business entity with the State Board of Elections pursuant to this Section or (ii) the bidder, offeror, vendor, or contractor has registered as a business entity with the State Board of Elections and acknowledges a continuing duty to update the registration and (2) a statement that the contract is voidable under Section 50-60 for the bidder's, offeror's, vendor's, or contractor's failure to comply with this Section.
(c) Each business entity (i) whose aggregate pending bids and proposals on State contracts total more than $50,000, (ii) whose aggregate pending bids and proposals on State contracts combined with the business entity's aggregate total value of State contracts exceed $50,000, or (iii) whose contracts with State agencies, in the aggregate, total more than $50,000 shall register with the State Board of Elections in accordance with Section 9-35 of the Election Code. A business entity required to register under this subsection due to item (i) or (ii) has a continuing duty to ensure that the registration is accurate during the period beginning on the date of registration and ending on the day after the date the contract is awarded; any change in information must be reported to the State Board of Elections 5 business days following such change or no later than a day before the contract is awarded, whichever date is earlier. A business entity required to register under this subsection due to item (iii) has a continuing duty to ensure that the registration is accurate in accordance with subsection (e).
(d) Any business entity, not required under subsection (c) to register, whose aggregate pending bids and proposals on State contracts total more than $50,000, or whose aggregate pending bids and proposals on State contracts combined with the business entity's aggregate total value of State contracts exceed $50,000, shall register with the State Board of Elections in accordance with Section 9-35 of the Election Code prior to submitting to a State agency the bid or proposal whose value causes the business entity to fall within the monetary description of this subsection. A business entity required to register under this subsection has a continuing duty to ensure that the registration is accurate during the period beginning on the date of registration and ending on the day after the date the contract is awarded. Any change in information must be reported to the State Board of Elections within 5 business days following such change or no later than a day before the contract is awarded, whichever date is earlier.
(e) A business entity whose contracts with State agencies, in the aggregate, total more than $50,000 must maintain its registration under this Section and has a continuing duty to ensure that the registration is accurate for the duration of the term of office of the incumbent officeholder awarding the contracts or for a period of 2 years following the expiration or termination of the contracts, whichever is longer. A business entity, required to register under this subsection, has a continuing duty to report any changes on a quarterly basis to the State Board of Elections within 14 calendar days following the last day of January, April, July, and October of each year. Any update pursuant to this paragraph that is received beyond that date is presumed late and the civil penalty authorized by subsection (e) of Section 9-35 of the Election Code may be assessed.
Also, if a business entity required to register under this subsection has a pending bid or offer, any change in information shall be reported to the State Board of Elections within 7 calendar days following such change or no later than a day before the contract is awarded, whichever date is earlier.
(f) A business entity's continuing duty under this Section to ensure the accuracy of its registration includes the requirement that the business entity notify the State Board of Elections of any change in information, including, but not limited to, changes of affiliated entities or affiliated persons.
(g) For any bid or offer for a contract with a State agency by a business entity required to register under this Section, the chief procurement officer shall verify that the business entity is required to register under this Section and is in compliance with the registration requirements on the date the bid or offer is due. A chief procurement officer shall not accept a bid or offer if the business entity is not in compliance with the registration requirements as of the date bids or offers are due. Upon discovery of noncompliance with this Section, if the bidder or offeror made a good faith effort to comply with registration efforts prior to the date the bid or offer is due, a chief procurement officer may provide the bidder or offeror 5 business days to achieve compliance. A chief procurement officer may extend the time to prove compliance by as long as necessary in the event that there is a failure within the State Board of Elections' registration system.
(h) A registration, and any changes to a registration, must include the business entity's verification of accuracy and subjects the business entity to the penalties of the laws of this State for perjury.
In addition to any penalty under Section 9-35 of the Election Code, intentional, willful, or material failure to disclose information required for registration shall render the contract, bid, offer, or other procurement relationship voidable by the chief procurement officer if he or she deems it to be in the best interest of the State of Illinois.
(i) This Section applies regardless of the method of source selection used in awarding the contract.
(Source: P.A. 103-570, eff. 1-1-24.)
(30 ILCS 500/20-165)
Sec. 20-165. Compliance with Transportation Sustainability Procurement Program Act. When procuring freight, small package delivery, and other forms of cargo shipping and transportation services, appropriate weight shall be given to the requirements of the Transportation Sustainability Procurement Program Act.
(Source: P.A. 98-348, eff. 8-14-13.)
(30 ILCS 500/20-170)
Sec. 20-170. Quincy Veterans' Home rehabilitation and rebuilding contracts. Notwithstanding any provision of law to the contrary, any contract for procurements entered into under the Quincy Veterans' Home Rehabilitation and Rebuilding Act and executed prior to the repeal of that Act shall continue in full force and effect after the repeal of that Act and until as otherwise dictated by the terms of the contract.
(Source: P.A. 102-35, eff. 6-25-21.)