Illinois 2023-2024 Regular Session

Illinois House Bill HB2559 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2559 Introduced , by Rep. Martin J. Moylan SYNOPSIS AS INTRODUCED: 5 ILCS 430/10-15 30 ILCS 500/50-13 30 ILCS 500/50-39 30 ILCS 535/35 from Ch. 127, par. 4151-35 Amends the State Officials and Employees Ethics Act. Provides that the gift ban requirements specified under the Act do not apply to attendance at professional conferences or events. Amends the Illinois Procurement Code. Attaches specified revolving door prohibition requirements to specified government officers and employees concerning conflicts of interest under the Code. Exempts communications providing general information about a firm and communications about proposal deficiencies under the Architectural, Engineering, and Land Surveying Qualifications Based Selection Act from procurement communications reporting requirements. Amends the Architectural, Engineering, and Land Surveying Qualifications Based Selection Act. Provides that a State agency shall publish the list of firms, along with scoring comments, determined to be qualified to provide services so that all firms have an opportunity to identify ways they may improve proposals in the future. Provides that a State agency may communicate with firms who were not selected in order to provide further information about the firm's proposal deficiencies. LRB103 30295 DTM 56723 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2559 Introduced , by Rep. Martin J. Moylan SYNOPSIS AS INTRODUCED: 5 ILCS 430/10-15 30 ILCS 500/50-13 30 ILCS 500/50-39 30 ILCS 535/35 from Ch. 127, par. 4151-35 5 ILCS 430/10-15 30 ILCS 500/50-13 30 ILCS 500/50-39 30 ILCS 535/35 from Ch. 127, par. 4151-35 Amends the State Officials and Employees Ethics Act. Provides that the gift ban requirements specified under the Act do not apply to attendance at professional conferences or events. Amends the Illinois Procurement Code. Attaches specified revolving door prohibition requirements to specified government officers and employees concerning conflicts of interest under the Code. Exempts communications providing general information about a firm and communications about proposal deficiencies under the Architectural, Engineering, and Land Surveying Qualifications Based Selection Act from procurement communications reporting requirements. Amends the Architectural, Engineering, and Land Surveying Qualifications Based Selection Act. Provides that a State agency shall publish the list of firms, along with scoring comments, determined to be qualified to provide services so that all firms have an opportunity to identify ways they may improve proposals in the future. Provides that a State agency may communicate with firms who were not selected in order to provide further information about the firm's proposal deficiencies. LRB103 30295 DTM 56723 b LRB103 30295 DTM 56723 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2559 Introduced , by Rep. Martin J. Moylan SYNOPSIS AS INTRODUCED:
3	3	5 ILCS 430/10-15 30 ILCS 500/50-13 30 ILCS 500/50-39 30 ILCS 535/35 from Ch. 127, par. 4151-35 5 ILCS 430/10-15 30 ILCS 500/50-13 30 ILCS 500/50-39 30 ILCS 535/35 from Ch. 127, par. 4151-35
4	4	5 ILCS 430/10-15
5	5	30 ILCS 500/50-13
6	6	30 ILCS 500/50-39
7	7	30 ILCS 535/35 from Ch. 127, par. 4151-35
8	8	Amends the State Officials and Employees Ethics Act. Provides that the gift ban requirements specified under the Act do not apply to attendance at professional conferences or events. Amends the Illinois Procurement Code. Attaches specified revolving door prohibition requirements to specified government officers and employees concerning conflicts of interest under the Code. Exempts communications providing general information about a firm and communications about proposal deficiencies under the Architectural, Engineering, and Land Surveying Qualifications Based Selection Act from procurement communications reporting requirements. Amends the Architectural, Engineering, and Land Surveying Qualifications Based Selection Act. Provides that a State agency shall publish the list of firms, along with scoring comments, determined to be qualified to provide services so that all firms have an opportunity to identify ways they may improve proposals in the future. Provides that a State agency may communicate with firms who were not selected in order to provide further information about the firm's proposal deficiencies.
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11	11	A BILL FOR
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13	13	HB2559 LRB103 30295 DTM 56723 b
14	14	1 AN ACT concerning finance.
15	15	2 Be it enacted by the People of the State of Illinois,
16	16	3 represented in the General Assembly:
17	17	4 Section 5. The State Officials and Employees Ethics Act is
18	18	5 amended by changing Section 10-15 as follows:
19	19	6 (5 ILCS 430/10-15)
20	20	7 Sec. 10-15. Gift ban; exceptions. The restriction in
21	21	8 Section 10-10 does not apply to the following:
22	22	9 (1) Opportunities, benefits, and services that are
23	23	10 available on the same conditions as for the general
24	24	11 public.
25	25	12 (2) Anything for which the officer, member, or State
26	26	13 employee pays the market value.
27	27	14 (3) Any (i) contribution that is lawfully made under
28	28	15 the Election Code or under this Act or (ii) activities
29	29	16 associated with a fundraising event in support of a
30	30	17 political organization or candidate.
31	31	18 (4) Educational materials and missions. This exception
32	32	19 may be further defined by rules adopted by the appropriate
33	33	20 ethics commission or by the Auditor General for the
34	34	21 Auditor General and employees of the Office of the Auditor
35	35	22 General.
36	36	23 (5) Travel expenses for a meeting to discuss State
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40	40	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2559 Introduced , by Rep. Martin J. Moylan SYNOPSIS AS INTRODUCED:
41	41	5 ILCS 430/10-15 30 ILCS 500/50-13 30 ILCS 500/50-39 30 ILCS 535/35 from Ch. 127, par. 4151-35 5 ILCS 430/10-15 30 ILCS 500/50-13 30 ILCS 500/50-39 30 ILCS 535/35 from Ch. 127, par. 4151-35
42	42	5 ILCS 430/10-15
43	43	30 ILCS 500/50-13
44	44	30 ILCS 500/50-39
45	45	30 ILCS 535/35 from Ch. 127, par. 4151-35
46	46	Amends the State Officials and Employees Ethics Act. Provides that the gift ban requirements specified under the Act do not apply to attendance at professional conferences or events. Amends the Illinois Procurement Code. Attaches specified revolving door prohibition requirements to specified government officers and employees concerning conflicts of interest under the Code. Exempts communications providing general information about a firm and communications about proposal deficiencies under the Architectural, Engineering, and Land Surveying Qualifications Based Selection Act from procurement communications reporting requirements. Amends the Architectural, Engineering, and Land Surveying Qualifications Based Selection Act. Provides that a State agency shall publish the list of firms, along with scoring comments, determined to be qualified to provide services so that all firms have an opportunity to identify ways they may improve proposals in the future. Provides that a State agency may communicate with firms who were not selected in order to provide further information about the firm's proposal deficiencies.
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48	48	LRB103 30295 DTM 56723 b
49	49	A BILL FOR
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55	55	5 ILCS 430/10-15
56	56	30 ILCS 500/50-13
57	57	30 ILCS 500/50-39
58	58	30 ILCS 535/35 from Ch. 127, par. 4151-35
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77	77	1 business. This exception may be further defined by rules
78	78	2 adopted by the appropriate ethics commission or by the
79	79	3 Auditor General for the Auditor General and employees of
80	80	4 the Office of the Auditor General.
81	81	5 (6) A gift from a relative, meaning those people
82	82	6 related to the individual as father, mother, son,
83	83	7 daughter, brother, sister, uncle, aunt, great aunt, great
84	84	8 uncle, first cousin, nephew, niece, husband, wife,
85	85	9 grandfather, grandmother, grandson, granddaughter,
86	86	10 father-in-law, mother-in-law, son-in-law,
87	87	11 daughter-in-law, brother-in-law, sister-in-law,
88	88	12 stepfather, stepmother, stepson, stepdaughter,
89	89	13 stepbrother, stepsister, half brother, half sister, and
90	90	14 including the father, mother, grandfather, or grandmother
91	91	15 of the individual's spouse and the individual's fiance or
92	92	16 fiancee.
93	93	17 (7) Anything provided by an individual on the basis of
94	94	18 a personal friendship unless the member, officer, or
95	95	19 employee has reason to believe that, under the
96	96	20 circumstances, the gift was provided because of the
97	97	21 official position or employment of the member, officer, or
98	98	22 employee and not because of the personal friendship.
99	99	23 In determining whether a gift is provided on the basis
100	100	24 of personal friendship, the member, officer, or employee
101	101	25 shall consider the circumstances under which the gift was
102	102	26 offered, such as:
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113	113	1 (i) the history of the relationship between the
114	114	2 individual giving the gift and the recipient of the
115	115	3 gift, including any previous exchange of gifts between
116	116	4 those individuals;
117	117	5 (ii) whether to the actual knowledge of the
118	118	6 member, officer, or employee the individual who gave
119	119	7 the gift personally paid for the gift or sought a tax
120	120	8 deduction or business reimbursement for the gift; and
121	121	9 (iii) whether to the actual knowledge of the
122	122	10 member, officer, or employee the individual who gave
123	123	11 the gift also at the same time gave the same or similar
124	124	12 gifts to other members, officers, or employees.
125	125	13 (8) Food or refreshments not exceeding $75 per person
126	126	14 in value on a single calendar day; provided that the food
127	127	15 or refreshments are (i) consumed on the premises from
128	128	16 which they were purchased or prepared or (ii) catered. For
129	129	17 the purposes of this Section, "catered" means food or
130	130	18 refreshments that are purchased ready to eat and delivered
131	131	19 by any means.
132	132	20 (9) Food, refreshments, lodging, transportation, and
133	133	21 other benefits resulting from the outside business or
134	134	22 employment activities (or outside activities that are not
135	135	23 connected to the duties of the officer, member, or
136	136	24 employee as an office holder or employee) of the officer,
137	137	25 member, or employee, or the spouse of the officer, member,
138	138	26 or employee, if the benefits have not been offered or
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149	149	1 enhanced because of the official position or employment of
150	150	2 the officer, member, or employee, and are customarily
151	151	3 provided to others in similar circumstances.
152	152	4 (10) Intra-governmental and inter-governmental gifts.
153	153	5 For the purpose of this Act, "intra-governmental gift"
154	154	6 means any gift given to a member, officer, or employee of a
155	155	7 State agency from another member, officer, or employee of
156	156	8 the same State agency; and "inter-governmental gift" means
157	157	9 any gift given to a member, officer, or employee of a State
158	158	10 agency, by a member, officer, or employee of another State
159	159	11 agency, of a federal agency, or of any governmental
160	160	12 entity.
161	161	13 (11) Bequests, inheritances, and other transfers at
162	162	14 death.
163	163	15 (12) Any item or items from any one prohibited source
164	164	16 during any calendar year having a cumulative total value
165	165	17 of less than $100.
166	166	18 (13) Any food, refreshments, or other items provided
167	167	19 to an employee who is attending a professional conference
168	168	20 or event if the food, refreshments, or items are made
169	169	21 available to all other attendees of the conference or
170	170	22 event.
171	171	23 Each of the exceptions listed in this Section is mutually
172	172	24 exclusive and independent of one another.
173	173	25 (Source: P.A. 93-617, eff. 12-9-03.)
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184	184	1 Section 10. The Illinois Procurement Code is amended by
185	185	2 changing Sections 50-13, 50-39, and 50-65 as follows:
186	186	3 (30 ILCS 500/50-13)
187	187	4 Sec. 50-13. Conflicts of interest.
188	188	5 (a) Prohibition. It is unlawful for any person (i) holding
189	189	6 an elective office in this State, holding a seat in the General
190	190	7 Assembly, or appointed to or employed in any of the offices or
191	191	8 agencies of State government and who receives compensation for
192	192	9 such employment in excess of 60% of the salary of the Governor
193	193	10 of the State of Illinois and is subject to the requirements of
194	194	11 subsection (h) of Section 5-45 of the State Officials and
195	195	12 Employees Ethics Act, or (ii) who is an officer or employee of
196	196	13 the Capital Development Board or the Illinois Toll Highway
197	197	14 Authority and is subject to the requirements of subsection (h)
198	198	15 of Section 5-45 of the State Officials and Employees Ethics
199	199	16 Act, or (iii) who is the spouse or minor child of any such
200	200	17 person who is subject to the requirements of subsection (h) of
201	201	18 Section 5-45 of the State Officials and Employees Ethics Act,
202	202	19 to have or acquire any contract, or any direct pecuniary
203	203	20 interest in any contract therein, whether for stationery,
204	204	21 printing, paper, or any services, materials, or supplies, that
205	205	22 will be wholly or partially satisfied by the payment of funds
206	206	23 appropriated by the General Assembly of the State of Illinois
207	207	24 or in any contract of the Capital Development Board or the
208	208	25 Illinois Toll Highway Authority.
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219	219	1 (b) Interests. It is unlawful for any firm, partnership,
220	220	2 association, or corporation, in which any person listed in
221	221	3 subsection (a) is entitled to receive (i) more than 7 1/2% of
222	222	4 the total distributable income or (ii) an amount in excess of
223	223	5 the salary of the Governor, to have or acquire any such
224	224	6 contract or direct pecuniary interest therein.
225	225	7 (c) Combined interests. It is unlawful for any firm,
226	226	8 partnership, association, or corporation, in which any person
227	227	9 listed in subsection (a) together with his or her spouse or
228	228	10 minor children is entitled to receive (i) more than 15%, in the
229	229	11 aggregate, of the total distributable income or (ii) an amount
230	230	12 in excess of 2 times the salary of the Governor, to have or
231	231	13 acquire any such contract or direct pecuniary interest
232	232	14 therein.
233	233	15 (c-5) Appointees and firms. In addition to any provisions
234	234	16 of this Code, the interests of certain appointees and their
235	235	17 firms are subject to Section 3A-35 of the Illinois
236	236	18 Governmental Ethics Act.
237	237	19 (d) Securities. Nothing in this Section invalidates the
238	238	20 provisions of any bond or other security previously offered or
239	239	21 to be offered for sale or sold by or for the State of Illinois.
240	240	22 (e) Prior interests. This Section does not affect the
241	241	23 validity of any contract made between the State and an officer
242	242	24 or employee of the State or member of the General Assembly, his
243	243	25 or her spouse, minor child, or other immediate family member
244	244	26 living in his or her residence or any combination of those
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255	255	1 persons if that contract was in existence before his or her
256	256	2 election or employment as an officer, member, or employee. The
257	257	3 contract is voidable, however, if it cannot be completed
258	258	4 within 365 calendar days after the officer, member, or
259	259	5 employee takes office or is employed.
260	260	6 (f) Exceptions.
261	261	7 (1) Public aid payments. This Section does not apply
262	262	8 to payments made for a public aid recipient.
263	263	9 (2) Teaching. This Section does not apply to a
264	264	10 contract for personal services as a teacher or school
265	265	11 administrator between a member of the General Assembly or
266	266	12 his or her spouse, or a State officer or employee or his or
267	267	13 her spouse, and any school district, public community
268	268	14 college district, the University of Illinois, Southern
269	269	15 Illinois University, Illinois State University, Eastern
270	270	16 Illinois University, Northern Illinois University, Western
271	271	17 Illinois University, Chicago State University, Governors
272	272	18 State University, or Northeastern Illinois University.
273	273	19 (3) Ministerial duties. This Section does not apply to
274	274	20 a contract for personal services of a wholly ministerial
275	275	21 character, including but not limited to services as a
276	276	22 laborer, clerk, typist, stenographer, page, bookkeeper,
277	277	23 receptionist, or telephone switchboard operator, made by a
278	278	24 spouse or minor child of an elective or appointive State
279	279	25 officer or employee or of a member of the General
280	280	26 Assembly.
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291	291	1 (4) Child and family services. This Section does not
292	292	2 apply to payments made to a member of the General
293	293	3 Assembly, a State officer or employee, his or her spouse
294	294	4 or minor child acting as a foster parent, homemaker,
295	295	5 advocate, or volunteer for or in behalf of a child or
296	296	6 family served by the Department of Children and Family
297	297	7 Services.
298	298	8 (5) Licensed professionals. Contracts with licensed
299	299	9 professionals, provided they are competitively bid or part
300	300	10 of a reimbursement program for specific, customary goods
301	301	11 and services through the Department of Children and Family
302	302	12 Services, the Department of Human Services, the Department
303	303	13 of Healthcare and Family Services, the Department of
304	304	14 Public Health, or the Department on Aging.
305	305	15 (g) Penalty. A person convicted of a violation of this
306	306	16 Section is guilty of a business offense and shall be fined not
307	307	17 less than $1,000 nor more than $5,000.
308	308	18 (Source: P.A. 101-81, eff. 7-12-19.)
309	309	19 (30 ILCS 500/50-39)
310	310	20 Sec. 50-39. Procurement communications reporting
311	311	21 requirement.
312	312	22 (a) Any written or oral communication received by a State
313	313	23 employee who, by the nature of his or her duties, has the
314	314	24 authority to participate personally and substantially in the
315	315	25 decision to award a State contract and that imparts or
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326	326	1 requests material information or makes a material argument
327	327	2 regarding potential action concerning an active procurement
328	328	3 matter, including, but not limited to, an application, a
329	329	4 contract, or a project, shall be reported to the Procurement
330	330	5 Policy Board, and, with respect to the Illinois Power Agency,
331	331	6 by the initiator of the communication, and may be reported
332	332	7 also by the recipient.
333	333	8 Any person communicating orally, in writing,
334	334	9 electronically, or otherwise with the Director or any person
335	335	10 employed by, or associated with, the Illinois Power Agency to
336	336	11 impart, solicit, or transfer any information related to the
337	337	12 content of any power procurement plan, the manner of
338	338	13 conducting any power procurement process, the procurement of
339	339	14 any power supply, or the method or structure of contracting
340	340	15 with power suppliers must disclose to the Procurement Policy
341	341	16 Board the full nature, content, and extent of any such
342	342	17 communication in writing by submitting a report with the
343	343	18 following information:
344	344	19 (1) The names of any party to the communication.
345	345	20 (2) The date on which the communication occurred.
346	346	21 (3) The time at which the communication occurred.
347	347	22 (4) The duration of the communication.
348	348	23 (5) The method (written, oral, etc.) of the
349	349	24 communication.
350	350	25 (6) A summary of the substantive content of the
351	351	26 communication.
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362	362	1 These communications do not include the following: (i)
363	363	2 statements by a person publicly made in a public forum; (ii)
364	364	3 statements regarding matters of procedure and practice, such
365	365	4 as format, the number of copies required, the manner of
366	366	5 filing, and the status of a matter; (iii) statements made by a
367	367	6 State employee of the agency to the agency head or other
368	368	7 employees of that agency, to the employees of the Executive
369	369	8 Ethics Commission, or to an employee of another State agency
370	370	9 who, through the communication, is either (a) exercising his
371	371	10 or her experience or expertise in the subject matter of the
372	372	11 particular procurement in the normal course of business, for
373	373	12 official purposes, and at the initiation of the purchasing
374	374	13 agency or the appropriate State purchasing officer, or (b)
375	375	14 exercising oversight, supervisory, or management authority
376	376	15 over the procurement in the normal course of business and as
377	377	16 part of official responsibilities; (iv) unsolicited
378	378	17 communications providing general information about a firm's
379	379	18 products or , services, or industry best practices provided
380	380	19 before those products or services are not directly related to
381	381	20 an open procurement matter become involved in a procurement
382	382	21 matter; (v) communications received in response to procurement
383	383	22 solicitations, including, but not limited to, vendor responses
384	384	23 to a request for information, request for proposal, request
385	385	24 for qualifications, invitation for bid, or a small purchase,
386	386	25 sole source, or emergency solicitation, or questions and
387	387	26 answers posted to the Illinois Procurement Bulletin to
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398	398	1 supplement the procurement action, provided that the
399	399	2 communications are made in accordance with the instructions
400	400	3 contained in the procurement solicitation, procedures, or
401	401	4 guidelines; (vi) communications that are privileged,
402	402	5 protected, or confidential under law; and (vii) communications
403	403	6 that are part of a formal procurement process as set out by
404	404	7 statute, rule, or the solicitation, guidelines, or procedures,
405	405	8 including, but not limited to, the posting of procurement
406	406	9 opportunities, the process for approving a procurement
407	407	10 business case or its equivalent, fiscal approval, submission
408	408	11 of bids, the finalizing of contract terms and conditions with
409	409	12 an awardee or apparent awardee, and similar formal procurement
410	410	13 processes; and (viii) communications about proposal
411	411	14 deficiencies as provided under Section 35 of the
412	412	15 Architectural, Engineering, and Land Surveying Qualifications
413	413	16 Based Selection Act. The provisions of this Section shall not
414	414	17 apply to communications regarding the administration and
415	415	18 implementation of an existing contract, except communications
416	416	19 regarding change orders or the renewal or extension of a
417	417	20 contract.
418	418	21 The reporting requirement does not apply to any
419	419	22 communication asking for clarification regarding a contract
420	420	23 solicitation so long as there is no competitive advantage to
421	421	24 the person or business and the question and answer, if
422	422	25 material, are posted to the Illinois Procurement Bulletin as
423	423	26 an addendum to the contract solicitation.
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434	434	1 (b) The report required by subsection (a) shall be
435	435	2 submitted monthly and include at least the following: (i) the
436	436	3 date and time of each communication; (ii) the identity of each
437	437	4 person from whom the written or oral communication was
438	438	5 received, the individual or entity represented by that person,
439	439	6 and any action the person requested or recommended; (iii) the
440	440	7 identity and job title of the person to whom each
441	441	8 communication was made; (iv) if a response is made, the
442	442	9 identity and job title of the person making each response; (v)
443	443	10 a detailed summary of the points made by each person involved
444	444	11 in the communication; (vi) the duration of the communication;
445	445	12 (vii) the location or locations of all persons involved in the
446	446	13 communication and, if the communication occurred by telephone,
447	447	14 the telephone numbers for the callers and recipients of the
448	448	15 communication; and (viii) any other pertinent information. No
449	449	16 trade secrets or other proprietary or confidential information
450	450	17 shall be included in any communication reported to the
451	451	18 Procurement Policy Board.
452	452	19 (c) Additionally, when an oral communication made by a
453	453	20 person required to register under the Lobbyist Registration
454	454	21 Act is received by a State employee that is covered under this
455	455	22 Section, all individuals who initiate or participate in the
456	456	23 oral communication shall submit a written report to that State
457	457	24 employee that memorializes the communication and includes, but
458	458	25 is not limited to, the items listed in subsection (b).
459	459	26 (d) The Procurement Policy Board shall make each report
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470	470	1 submitted pursuant to this Section available on its website
471	471	2 within 7 calendar days after its receipt of the report. The
472	472	3 Procurement Policy Board may promulgate rules to ensure
473	473	4 compliance with this Section.
474	474	5 (e) The reporting requirements shall also be conveyed
475	475	6 through ethics training under the State Officials and
476	476	7 Employees Ethics Act. An employee who knowingly and
477	477	8 intentionally violates this Section shall be subject to
478	478	9 suspension or discharge. The Executive Ethics Commission shall
479	479	10 promulgate rules, including emergency rules, to implement this
480	480	11 Section.
481	481	12 (f) This Section becomes operative on January 1, 2011.
482	482	13 (g) For purposes of this Section:
483	483	14 "Active procurement matter" means a procurement process
484	484	15 beginning with requisition or determination of need by an
485	485	16 agency and continuing through the publication of an award
486	486	17 notice or other completion of a final procurement action, the
487	487	18 resolution of any protests, and the expiration of any protest
488	488	19 or Procurement Policy Board review period, if applicable.
489	489	20 "Active procurement matter" also includes communications
490	490	21 relating to change orders, renewals, or extensions.
491	491	22 "Material information" means information that a reasonable
492	492	23 person would deem important in determining his or her course
493	493	24 of action and pertains to significant issues, including, but
494	494	25 not limited to, price, quantity, and terms of payment or
495	495	26 performance.
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506	506	1 "Material argument" means a communication that a
507	507	2 reasonable person would believe was made for the purpose of
508	508	3 influencing a decision relating to a procurement matter.
509	509	4 "Material argument" does not include general information about
510	510	5 products, services, or industry best practices or a response
511	511	6 to a communication initiated by an employee of the State for
512	512	7 the purposes of providing information to evaluate new
513	513	8 products, trends, services, or technologies.
514	514	9 (Source: P.A. 100-43, eff. 8-9-17.)
515	515	10 Section 15. The Architectural, Engineering, and Land
516	516	11 Surveying Qualifications Based Selection Act is amended by
517	517	12 changing Section 35 as follows:
518	518	13 (30 ILCS 535/35) (from Ch. 127, par. 4151-35)
519	519	14 Sec. 35. Selection procedure. On the basis of evaluations,
520	520	15 discussions, and any presentations, the State agency shall
521	521	16 select no less than 3 firms it determines to be qualified to
522	522	17 provide services for the project and rank them in order of
523	523	18 qualifications to provide services regarding the specific
524	524	19 project. The State agency shall then contact the firm ranked
525	525	20 most preferred to negotiate a contract at a fair and
526	526	21 reasonable compensation. If fewer than 3 firms submit letters
527	527	22 of interest and the State agency determines that one or both of
528	528	23 those firms are so qualified, the State agency may proceed to
529	529	24 negotiate a contract under Section 40. The decision of the
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540	540	1 State agency shall be final and binding.
541	541	2 As part of the State agency's commitment to fostering
542	542	3 greater diversity in contracting, the State agency shall
543	543	4 publish the list of firms, along with scoring comments,
544	544	5 determined to be qualified to provide services under this
545	545	6 Section so that all firms have an opportunity to identify ways
546	546	7 they may improve proposals in the future. The State agency may
547	547	8 communicate with firms who were not selected in order to
548	548	9 provide further information about the firm's proposal
549	549	10 deficiencies.
550	550	11 (Source: P.A. 87-673.)
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