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Illinois House Bill HB2878

Illinois 2023-2024 Regular Session

Illinois House Bill HB2878 Compare Versions

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1-Public Act 103-0570
21 HB2878 Re-EnrolledLRB103 30786 RJT 57276 b HB2878 Re-Enrolled LRB103 30786 RJT 57276 b
32 HB2878 Re-Enrolled LRB103 30786 RJT 57276 b
4-AN ACT concerning finance.
5-Be it enacted by the People of the State of Illinois,
6-represented in the General Assembly:
7-ARTICLE 5. FORMER COAL MINE EMPLOYEE PREFERENCE
8-Section 5-5. The Illinois Procurement Code is amended by
9-adding Section 45-110 as follows:
10-(30 ILCS 500/45-110 new)
11-Sec. 45-110. Former coal mining employees.
12-(a) In this Section:
13-"Abandoned mined land reclamation project" means
14-construction or construction-related professional services
15-that are used for reclamation projects awarded by the
16-Department of Natural Resources under the Abandoned Mined
17-Lands and Water Reclamation Act.
18-"Former coal mine employee" means an individual previously
19-employed in any capacity by a coal mining company that engaged
20-in the extraction of coal deposits or an individual previously
21-employed in any capacity by a coal-fired power plant.
22-(b) In awarding contracts for Abandoned Mined Land
23-Reclamation Projects with a total value of more than $100,000,
24-preference shall be given to an otherwise qualified bidder
25-who:
3+1 AN ACT concerning finance.
4+2 Be it enacted by the People of the State of Illinois,
5+3 represented in the General Assembly:
6+4 ARTICLE 5. FORMER COAL MINE EMPLOYEE PREFERENCE
7+5 Section 5-5. The Illinois Procurement Code is amended by
8+6 adding Section 45-110 as follows:
9+7 (30 ILCS 500/45-110 new)
10+8 Sec. 45-110. Former coal mining employees.
11+9 (a) In this Section:
12+10 "Abandoned mined land reclamation project" means
13+11 construction or construction-related professional services
14+12 that are used for reclamation projects awarded by the
15+13 Department of Natural Resources under the Abandoned Mined
16+14 Lands and Water Reclamation Act.
17+15 "Former coal mine employee" means an individual previously
18+16 employed in any capacity by a coal mining company that engaged
19+17 in the extraction of coal deposits or an individual previously
20+18 employed in any capacity by a coal-fired power plant.
21+19 (b) In awarding contracts for Abandoned Mined Land
22+20 Reclamation Projects with a total value of more than $100,000,
23+21 preference shall be given to an otherwise qualified bidder
24+22 who:
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2726
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2928 HB2878 Re-Enrolled LRB103 30786 RJT 57276 b
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32-(1) provides proof that at least 2 current employees
33-of the bidder are former coal mine employees and that all
34-such declared former coal mine employees in the bid shall
35-be used in the fulfillment of an awarded Abandoned Mined
36-Land Reclamation Project; or
37-(2) commits to employing at least 2 former coal mine
38-employees hired in fulfillment of the Abandoned Mined Land
39-Reclamation Project. Under this paragraph (2), the bidder
40-shall provide proof that at least 2 former coal mine
41-employees have been hired within 60 days after the start
42-of construction, and the bidder shall declare that the
43-former coal mine employees, after being hired, shall be
44-used in the fulfillment of an awarded Abandoned Mined Land
45-Reclamation Project.
46-When the Department of Natural Resources is to award a
47-contract to the lowest responsible bidder, an otherwise
48-qualified bidder who will fulfill the contract through the use
49-of former coal mine employees may be given preference over
50-other bidders unable to do so, if the bid is not more than 2%
51-greater than the low bid.
52-(c) This Section does not apply to any contract for any
53-project for which federal funds are available for expenditure
54-when its provisions may be in conflict with federal law or
55-federal regulation.
56-ARTICLE 10. SINGLE PRIME PROCUREMENT
57-
58-
59-Section 10-5. The Illinois Procurement Code is amended by
60-changing Sections 1-15.93, 30-30, 33-5, and 45-105 as follows:
61-(30 ILCS 500/1-15.93)
62-(Section scheduled to be repealed on January 1, 2026)
63-Sec. 1-15.93. Single prime. "Single prime" means the
64-design-bid-build procurement delivery method for a building
65-construction project in which the Capital Development Board or
66-a public institution of higher education, as defined in
67-Section 1-13 of this Code, is the construction agency
68-procuring 2 or more subdivisions of work enumerated in
69-paragraphs (1) through (5) of subsection (a) of Section 30-30
70-of this Code under a single contract. The provisions of this
71-Section are inoperative for public institutions of higher
72-education on and after January 1, 2026. This Section is
73-repealed on January 1, 2026.
74-(Source: P.A. 101-369, eff. 12-15-19; 101-645, eff. 6-26-20;
75-102-671, eff. 11-30-21; 102-1119, eff. 1-23-23.)
76-(30 ILCS 500/30-30)
77-Sec. 30-30. Design-bid-build construction.
78-(a) The provisions of this subsection are operative
79-through December 31, 2025.
80-Except as provided in subsection (a-5), for building
81-construction contracts in excess of $250,000, separate
82-
83-
84-specifications may be prepared for all equipment, labor, and
85-materials in connection with the following 5 subdivisions of
86-the work to be performed:
87-(1) plumbing;
88-(2) heating, piping, refrigeration, and automatic
89-temperature control systems, including the testing and
90-balancing of those systems;
91-(3) ventilating and distribution systems for
92-conditioned air, including the testing and balancing of
93-those systems;
94-(4) electric wiring; and
95-(5) general contract work.
96-Except as provided in subsection (a-5), the specifications
97-may be so drawn as to permit separate and independent bidding
98-upon each of the 5 subdivisions of work. All contracts awarded
99-for any part thereof may award the 5 subdivisions of work
100-separately to responsible and reliable persons, firms, or
101-corporations engaged in these classes of work. The contracts,
102-at the discretion of the construction agency, may be assigned
103-to the successful bidder on the general contract work or to the
104-successful bidder on the subdivision of work designated by the
105-construction agency before the bidding as the prime
106-subdivision of work, provided that all payments will be made
107-directly to the contractors for the 5 subdivisions of work
108-upon compliance with the conditions of the contract.
109-For Beginning on the effective date of this amendatory Act
110-
111-
112-of the 101st General Assembly and through December 31, 2025,
113-for single prime projects: (i) the bid of the successful low
114-bidder shall identify the name of the subcontractor, if any,
115-and the bid proposal costs for each of the 5 subdivisions of
116-work set forth in this Section; (ii) the contract entered into
117-with the successful bidder shall provide that no identified
118-subcontractor may be terminated without the written consent of
119-the Capital Development Board; (iii) the contract shall comply
120-with the disadvantaged business practices of the Business
121-Enterprise for Minorities, Women, and Persons with
122-Disabilities Act and the equal employment practices of Section
123-2-105 of the Illinois Human Rights Act; and (iv) the Capital
124-Development Board shall submit an annual report to the General
125-Assembly and Governor on the bidding, award, and performance
126-of all single prime projects.
127-Until December 31, 2023, for For building construction
128-projects with a total construction cost valued at $5,000,000
129-or less, the Capital Development Board shall not use the
130-single prime procurement delivery method for more than 50% of
131-the total number of projects bid for each fiscal year. Until
132-December 31, 2023, any Any project with a total construction
133-cost valued greater than $5,000,000 may be bid using single
134-prime at the discretion of the Executive Director of the
135-Capital Development Board.
136-For contracts entered into on or after January 1, 2024,
137-the Capital Development Board shall determine whether the
138-
139-
140-single prime procurement delivery method is to be pursued.
141-Before electing to use single prime on a project, the Capital
142-Development Board must make a written determination that must
143-include a description as to the particular advantages of the
144-single prime procurement method for that project and an
145-evaluation of the items in paragraphs (1) through (4). The
146-chief procurement officer must review the Capital Development
147-Board's determination and consider the adequacy of information
148-in paragraphs (1) through (4) to determine whether the Capital
149-Development Board may proceed with single prime. Approval by
150-the chief procurement officer shall not be unreasonably
151-withheld. The following factors must be considered by the
152-chief procurement officer in any determination:
153-(1) The benefit that using the single prime
154-procurement method will have on the Capital Development
155-Board's ability to increase participation of
156-minority-owned firms, woman-owned firms, firms owned by
157-persons with a disability, and veteran-owned firms.
158-(2) The likelihood that single prime will be in the
159-best interest of the State by providing a material savings
160-of time or cost over the multiple prime delivery system.
161-The best interest of the State justification must show the
162-specific benefits of using the single prime method,
163-including documentation of the estimates or scheduling
164-impacts of any of the following: project complexity and
165-trade coordination required, length of project,
166-
167-
168-availability of skilled workforce, geographic area,
169-project timelines, project budget, ability to secure
170-minority, women, persons with disabilities and veteran
171-participation, or other information.
172-(3) The type and size of the project and its
173-suitability to the single prime procurement method.
174-(4) Whether the project will comply with the
175-underrepresented business and equal employment practices
176-of the State, as established in the Business Enterprise
177-for Minorities, Women, and Persons with Disabilities Act,
178-Section 45-57 of this Code, and Section 2-105 of the
179-Illinois Human Rights Act.
180-If the chief procurement officer finds that the Capital
181-Development Board's written determination is insufficient, the
182-Capital Development Board shall have the opportunity to cure
183-its determination. Within 15 days of receiving approval from
184-the chief procurement officer, the Capital Development Board
185-shall provide an advisory copy of the written determination to
186-the Procurement Policy Board and the Commission on Equity and
187-Inclusion. The Capital Development Board must maintain the
188-full record of determination for 5 years.
189-(a-5) Beginning on the effective date of this amendatory
190-Act of the 102nd General Assembly and through December 31,
191-2025, for single prime projects in which a public institution
192-of higher education is a construction agency awarding building
193-construction contracts in excess of $250,000, separate
194-
195-
196-specifications may be prepared for all equipment, labor, and
197-materials in connection with the 5 subdivisions of work
198-enumerated in subsection (a). Any public institution of higher
199-education contract awarded for any part thereof may award 2 or
200-more of the 5 subdivisions of work together or separately to
201-responsible and reliable persons, firms, or corporations
202-engaged in these classes of work if: (i) the public
203-institution of higher education has submitted to the
204-Procurement Policy Board and the Commission on Equity and
205-Inclusion a written notice that includes the reasons for using
206-the single prime method and an explanation of why the use of
207-that method is in the best interest of the State and arranges
208-to have the notice posted on the institution's online
209-procurement webpage and its online procurement bulletin at
210-least 3 business days following submission to the Procurement
211-Policy Board and the Commission on Equity and Inclusion; (ii)
212-the successful low bidder has prequalified with the public
213-institution of higher education; (iii) the bid of the
214-successful low bidder identifies the name of the
215-subcontractor, if any, and the bid proposal costs for each of
216-the 5 subdivisions of work set forth in subsection (a); (iv)
217-the contract entered into with the successful bidder provides
218-that no identified subcontractor may be terminated without the
219-written consent of the public institution of higher education;
220-and (v) the successful low bidder has prequalified with the
221-University of Illinois or with the Capital Development Board.
222-
223-
224-For building construction projects with a total
225-construction cost valued at $20,000,000 or less, public
226-institutions of higher education shall not use the single
227-prime delivery method for more than 50% of the total number of
228-projects bid for each fiscal year. Projects with a total
229-construction cost valued at $20,000,000 or more may be bid
230-using the single prime delivery method at the discretion of
231-the public institution of higher education. With respect to
232-any construction project described in this subsection (a-5),
233-the public institution of higher education shall: (i) specify
234-in writing as a public record that the project shall comply
235-with the Business Enterprise for Minorities, Women, and
236-Persons with Disabilities Act and the equal employment
237-practices of Section 2-105 of the Illinois Human Rights Act;
238-and (ii) report annually to the Governor, General Assembly,
239-Procurement Policy Board, and Auditor General on the bidding,
240-award, and performance of all single prime projects. On and
241-after the effective date of this amendatory Act of the 102nd
242-General Assembly, the public institution of higher education
243-may award in each fiscal year single prime contracts with an
244-aggregate total value of no more than $100,000,000. The Board
245-of Trustees of the University of Illinois may award in each
246-fiscal year single prime contracts with an aggregate total
247-value of not more than $300,000,000.
248-(b) For public institutions of higher education, the The
249-provisions of this subsection are operative on and after
250-
251-
252-January 1, 2026. For building construction contracts in excess
253-of $250,000, separate specifications shall be prepared for all
254-equipment, labor, and materials in connection with the
255-following 5 subdivisions of the work to be performed:
256-(1) plumbing;
257-(2) heating, piping, refrigeration, and automatic
258-temperature control systems, including the testing and
259-balancing of those systems;
260-(3) ventilating and distribution systems for
261-conditioned air, including the testing and balancing of
262-those systems;
263-(4) electric wiring; and
264-(5) general contract work.
265-The specifications must be so drawn as to permit separate
266-and independent bidding upon each of the 5 subdivisions of
267-work. All contracts awarded for any part thereof shall award
268-the 5 subdivisions of work separately to responsible and
269-reliable persons, firms, or corporations engaged in these
270-classes of work. The contracts, at the discretion of the
271-construction agency, may be assigned to the successful bidder
272-on the general contract work or to the successful bidder on the
273-subdivision of work designated by the construction agency
274-before the bidding as the prime subdivision of work, provided
275-that all payments will be made directly to the contractors for
276-the 5 subdivisions of work upon compliance with the conditions
277-of the contract.
278-
279-
280-(Source: P.A. 101-369, eff. 12-15-19; 101-645, eff. 6-26-20;
281-102-671, eff. 11-30-21; 102-1119, eff. 1-23-23.)
282-(30 ILCS 500/33-5)
283-Sec. 33-5. Definitions. In this Article:
284-"Construction management services" includes:
285-(1) services provided in the planning and
286-pre-construction phases of a construction project
287-including, but not limited to, consulting with, advising,
288-assisting, and making recommendations to the Board and
289-architect, engineer, or licensed land surveyor on all
290-aspects of planning for project construction; reviewing
291-all plans and specifications as they are being developed
292-and making recommendations with respect to construction
293-feasibility, availability of material and labor, time
294-requirements for procurement and construction, and
295-projected costs; making, reviewing, and refining budget
296-estimates based on the Board's program and other available
297-information; making recommendations to the Board and the
298-architect or engineer regarding the division of work in
299-the plans and specifications to facilitate the bidding and
300-awarding of contracts; soliciting the interest of capable
301-contractors and taking bids on the project; analyzing the
302-bids received; and preparing and maintaining a progress
303-schedule during the design phase of the project and
304-preparation of a proposed construction schedule; and
305-
306-
307-(2) services provided in the construction phase of the
308-project including, but not limited to, maintaining
309-competent supervisory staff to coordinate and provide
310-general direction of the work and progress of the
311-contractors on the project; directing the work as it is
312-being performed for general conformance with working
313-drawings and specifications; establishing procedures for
314-coordinating among the Board, architect or engineer,
315-contractors, and construction manager with respect to all
316-aspects of the project and implementing those procedures;
317-maintaining job site records and making appropriate
318-progress reports; implementing labor policy in conformance
319-with the requirements of the public owner; reviewing the
320-safety and equal opportunity programs of each contractor
321-for conformance with the public owner's policy and making
322-recommendations; reviewing and processing all applications
323-for payment by involved contractors and material suppliers
324-in accordance with the terms of the contract; making
325-recommendations and processing requests for changes in the
326-work and maintaining records of change orders; scheduling
327-and conducting job meetings to ensure orderly progress of
328-the work; developing and monitoring a project progress
329-schedule, coordinating and expediting the work of all
330-contractors and providing periodic status reports to the
331-owner and the architect or engineer; and establishing and
332-maintaining a cost control system and conducting meetings
333-
334-
335-to review costs.
336-"Construction manager" means any individual, sole
337-proprietorship, firm, partnership, corporation, or other legal
338-entity providing construction management services for the
339-Board and prequalified by the State in accordance with 30 ILCS
340-500/33-10.
341-"Board" means the Capital Development Board or, to the
342-extent that the services are to be procured by for a public
343-institution of higher education, the public institution of
344-higher education.
345-(Source: P.A. 102-1119, eff. 1-23-23.)
346-(30 ILCS 500/45-105)
347-Sec. 45-105. Bid preference for Illinois businesses.
348-(a) (Blank). For the purposes of this Section:
349-"Illinois business" means a contractor that: (i) is
350-headquartered in Illinois and providing, at the time that an
351-invitation for a bid or notice of contract opportunity is
352-first advertised, construction or construction-related
353-professional services for Illinois-based projects; (ii)
354-conducts meaningful day-to-day business operations at a
355-facility in Illinois that is the place of employment for the
356-majority of its regular, full-time workforce; (iii) holds all
357-appropriate State licenses; and (iv) is subject to applicable
358-State taxes. "Illinois business" does not include any
359-subcontractors.
360-
361-
362-"Illinois-based project" means an individual project of
363-construction and other construction-related services for a
364-construction agency that will result in the conduct of
365-business within the State or the employment of individuals
366-within the State.
367-(b) It is hereby declared to be the public policy of the
368-State of Illinois to promote the economy of Illinois through
369-the use of Illinois businesses for all State construction
370-contracts.
371-(c) Construction agencies procuring construction and
372-construction-related professional services shall make
373-reasonable efforts to contract with Illinois businesses.
374-(d) Beginning in 2022, each construction agency shall
375-submit a report to the Governor and the General Assembly by
376-September 1 of each year that identifies the Illinois
377-businesses procured by the construction agency, the primary
378-location of the construction project, the percentage of the
379-construction agency's utilization of Illinois businesses on
380-the project as a whole, and the actions that the construction
381-agency has undertaken to increase the use of Illinois
382-businesses.
383-(e) In procuring construction and construction-related
384-professional services for projects with a total value that
385-exceeds the small purchase maximum established by Section
386-20-20 of this Code with a total construction cost of more than
387-$100,000, construction agencies shall provide a bid preference
388-
389-
390-to a responsive and responsible bidder that is an Illinois
391-business as defined in this Section. The construction agency
392-shall allocate to the lowest bid by an Illinois business that
393-is responsible and responsive any responsible bidder that is
394-an Illinois business a bid preference of 4% of the contract
395-base bid. This subsection applies only to projects where a
396-business that is not an Illinois business submits a bid.
397-(f) This Section does not apply to any contract for any
398-project for which federal funds are available for expenditure
399-when its provisions may be in conflict with federal law or
400-federal regulation.
401-(g) As used in this Section, "Illinois business" means a
402-contractor that is operating and headquartered in Illinois and
403-providing, at the time that an invitation for a bid or notice
404-of contract opportunity is first advertised, construction or
405-construction-related professional services, and is operating
406-as:
407-(1) a sole proprietor whose primary residence is in
408-Illinois;
409-(2) a business incorporated or organized as a domestic
410-corporation under the Business Corporation Act of 1983;
411-(3) a business organized as a domestic partnership
412-under the Uniform Partnership Act of 1997;
413-(4) a business organized as a domestic limited
414-partnership under the Uniform Limited Partnership Act of
415-2001;
416-
417-
418-(5) a business organized under the Limited Liability
419-Company Act; or
420-(6) a business organized under the Professional
421-Limited Liability Company Act.
422-"Illinois business" does not include any subcontractors.
423-(Source: P.A. 102-721, eff. 1-1-23.)
424-ARTICLE 15. AWARD TO NOT-FOR-PROFIT AGENCY FOR PERSONS WITH
425-SIGNIFICANT DISABILITIES
426-Section 15-5. The Governmental Joint Purchasing Act is
427-amended by changing Section 4.05 as follows:
428-(30 ILCS 525/4.05)
429-Sec. 4.05. Other methods of joint purchases.
430-(a) It may be determined that it is impractical to obtain
431-competition because either (i) there is only one
432-economically-feasible source for the item, or (ii) there is a
433-threat to public health or public safety, or when immediate
434-expenditure is necessary either to prevent or minimize serious
435-disruption in critical State services that affect health,
436-safety, or collection of substantial State revenues, or to
437-ensure the integrity of State records, or (iii) it is in the
438-best interest of the State to award a contract to a qualified
439-not-for-profit agency for persons with significant
440-disabilities under Section 45-35 of the Illinois Procurement
441-
442-
443-Code.
444-(b) When the State of Illinois is a party to the joint
445-purchase agreement, the applicable chief procurement officer
446-shall make a determination regarding whether (i) whether there
447-is only one economically feasible source for the item, or (ii)
448-whether that there exists a threat to public health or public
449-safety or that immediate expenditure is necessary to prevent
450-or minimize serious disruption in critical State services, or
451-(iii) whether the contract is eligible to be awarded to a
452-not-for-profit agency for persons with significant
453-disabilities under Section 45-35 of the Illinois Procurement
454-Code.
455-(c) When there is only one economically feasible source
456-for the item, the chief procurement officer may authorize a
457-sole economically-feasible source contract. When there exists
458-a threat to public health or public safety or when immediate
459-expenditure is necessary to prevent or minimize serious
460-disruption in critical State services, the chief procurement
461-officer may authorize an emergency procurement without
462-competitive sealed bidding or competitive sealed proposals or
463-prior notice. When an agency requests to award a contract to a
464-not-for-profit agency for persons with significant
465-disabilities under Section 45-35 of the Illinois Procurement
466-Code, the chief procurement officer may authorize the award.
467-(d) All joint purchases made pursuant to this Section
468-shall follow the same procedures for sole source contracts in
469-
470-
471-the Illinois Procurement Code when the chief procurement
472-officer determines there is only one economically-feasible
473-source for the item. All joint purchases made pursuant to this
474-Section shall follow the same procedures for emergency
475-purchases in the Illinois Procurement Code when the chief
476-procurement officer determines immediate expenditure is
477-necessary to prevent or minimize serious disruption in
478-critical State services that affect health, safety, or
479-collection of substantial State revenues, or to ensure the
480-integrity of State records. All joint purchases made under
481-this Section shall follow the same procedures for
482-not-for-profit agencies for persons with significant
483-disabilities under Section 45-35 of the Illinois Procurement
484-Code when the chief procurement officer determines that it is
485-in the best interest of the State.
486-(e) Each chief procurement officer shall submit to the
487-General Assembly by November 1 of each year a report of
488-procurements made under this Section.
489-(Source: P.A. 100-43, eff. 8-9-17.)
490-ARTICLE 20. VETERANS PREFERENCES
491-Section 20-5. The Illinois Procurement Code is amended by
492-changing Section 45-57 as follows:
493-(30 ILCS 500/45-57)
494-
495-
496-Sec. 45-57. Veterans.
497-(a) Set-aside goal. It is the goal of the State to promote
498-and encourage the continued economic development of small
499-businesses owned and controlled by qualified veterans and that
500-qualified service-disabled veteran-owned small businesses
501-(referred to as SDVOSB) and veteran-owned small businesses
502-(referred to as VOSB) participate in the State's procurement
503-process as both prime contractors and subcontractors. Not less
504-than 3% of the total dollar amount of State contracts, as
505-defined by the Commission on Equity and Inclusion, shall be
506-established as a goal to be awarded to SDVOSB and VOSB. That
507-portion of a contract under which the contractor subcontracts
508-with a SDVOSB or VOSB may be counted toward the goal of this
509-subsection. The Commission on Equity and Inclusion shall adopt
510-rules to implement compliance with this subsection by all
511-State agencies.
512-(b) Fiscal year reports. By each November 1, each chief
513-procurement officer shall report to the Commission on Equity
514-and Inclusion on all of the following for the immediately
515-preceding fiscal year, and by each March 1 the Commission on
516-Equity and Inclusion shall compile and report that information
517-to the General Assembly:
518-(1) The total number of VOSB, and the number of
519-SDVOSB, who submitted bids for contracts under this Code.
520-(2) The total number of VOSB, and the number of
521-SDVOSB, who entered into contracts with the State under
522-
523-
524-this Code and the total value of those contracts.
525-(b-5) The Commission on Equity and Inclusion shall submit
526-an annual report to the Governor and the General Assembly that
527-shall include the following:
528-(1) a year-by-year comparison of the number of
529-certifications the State has issued to veteran-owned small
530-businesses and service-disabled veteran-owned small
531-businesses;
532-(2) the obstacles, if any, the Commission on Equity
533-and Inclusion faces when certifying veteran-owned
534-businesses and possible rules or changes to rules to
535-address those issues;
536-(3) a year-by-year comparison of awarded contracts to
537-certified veteran-owned small businesses and
538-service-disabled veteran-owned small businesses; and
539-(4) any other information that the Commission on
540-Equity and Inclusion deems necessary to assist
541-veteran-owned small businesses and service-disabled
542-veteran-owned small businesses to become certified with
543-the State.
544-The Commission on Equity and Inclusion shall conduct a
545-minimum of 2 outreach events per year to ensure that
546-veteran-owned small businesses and service-disabled
547-veteran-owned small businesses know about the procurement
548-opportunities and certification requirements with the State.
549-The Commission on Equity and Inclusion may receive
550-
551-
552-appropriations for outreach.
553-(c) Yearly review and recommendations. Each year, each
554-chief procurement officer shall review the progress of all
555-State agencies under its jurisdiction in meeting the goal
556-described in subsection (a), with input from statewide
557-veterans' service organizations and from the business
558-community, including businesses owned by qualified veterans,
559-and shall make recommendations to be included in the
560-Commission on Equity and Inclusion's report to the General
561-Assembly regarding continuation, increases, or decreases of
562-the percentage goal. The recommendations shall be based upon
563-the number of businesses that are owned by qualified veterans
564-and on the continued need to encourage and promote businesses
565-owned by qualified veterans.
566-(d) Governor's recommendations. To assist the State in
567-reaching the goal described in subsection (a), the Governor
568-shall recommend to the General Assembly changes in programs to
569-assist businesses owned by qualified veterans.
570-(e) Definitions. As used in this Section:
571-"Armed forces of the United States" means the United
572-States Army, Navy, Air Force, Marine Corps, Coast Guard, or
573-service in active duty as defined under 38 U.S.C. Section 101.
574-Service in the Merchant Marine that constitutes active duty
575-under Section 401 of federal Public Act 95-202 shall also be
576-considered service in the armed forces for purposes of this
577-Section.
578-
579-
580-"Certification" means a determination made by the Illinois
581-Department of Veterans' Affairs and the Commission on Equity
582-and Inclusion that a business entity is a qualified
583-service-disabled veteran-owned small business or a qualified
584-veteran-owned small business for whatever purpose. A SDVOSB or
585-VOSB owned and controlled by women, minorities, or persons
586-with disabilities, as those terms are defined in Section 2 of
587-the Business Enterprise for Minorities, Women, and Persons
588-with Disabilities Act, may also select and designate whether
589-that business is to be certified as a "women-owned business",
590-"minority-owned business", or "business owned by a person with
591-a disability", as defined in Section 2 of the Business
592-Enterprise for Minorities, Women, and Persons with
593-Disabilities Act.
594-"Control" means the exclusive, ultimate, majority, or sole
595-control of the business, including but not limited to capital
596-investment and all other financial matters, property,
597-acquisitions, contract negotiations, legal matters,
598-officer-director-employee selection and comprehensive hiring,
599-operation responsibilities, cost-control matters, income and
600-dividend matters, financial transactions, and rights of other
601-shareholders or joint partners. Control shall be real,
602-substantial, and continuing, not pro forma. Control shall
603-include the power to direct or cause the direction of the
604-management and policies of the business and to make the
605-day-to-day as well as major decisions in matters of policy,
606-
607-
608-management, and operations. Control shall be exemplified by
609-possessing the requisite knowledge and expertise to run the
610-particular business, and control shall not include simple
611-majority or absentee ownership.
612-"Qualified service-disabled veteran" means a veteran who
613-has been found to have 10% or more service-connected
614-disability by the United States Department of Veterans Affairs
615-or the United States Department of Defense.
616-"Qualified service-disabled veteran-owned small business"
617-or "SDVOSB" means a small business (i) that is at least 51%
618-owned by one or more qualified service-disabled veterans
619-living in Illinois or, in the case of a corporation, at least
620-51% of the stock of which is owned by one or more qualified
621-service-disabled veterans living in Illinois; (ii) that has
622-its home office in Illinois; and (iii) for which items (i) and
623-(ii) are factually verified annually by the Commission on
624-Equity and Inclusion.
625-"Qualified veteran-owned small business" or "VOSB" means a
626-small business (i) that is at least 51% owned by one or more
627-qualified veterans living in Illinois or, in the case of a
628-corporation, at least 51% of the stock of which is owned by one
629-or more qualified veterans living in Illinois; (ii) that has
630-its home office in Illinois; and (iii) for which items (i) and
631-(ii) are factually verified annually by the Commission on
632-Equity and Inclusion.
633-"Service-connected disability" means a disability incurred
634-
635-
636-in the line of duty in the active military, naval, or air
637-service as described in 38 U.S.C. 101(16).
638-"Small business" means a business that has annual gross
639-sales of less than $150,000,000 $75,000,000 as evidenced by
640-the federal income tax return of the business. A firm with
641-gross sales in excess of this cap may apply to the Commission
642-on Equity and Inclusion for certification for a particular
643-contract if the firm can demonstrate that the contract would
644-have significant impact on SDVOSB or VOSB as suppliers or
645-subcontractors or in employment of veterans or
646-service-disabled veterans.
647-"State agency" has the meaning provided in Section
648-1-15.100 of this Code.
649-"Time of hostilities with a foreign country" means any
650-period of time in the past, present, or future during which a
651-declaration of war by the United States Congress has been or is
652-in effect or during which an emergency condition has been or is
653-in effect that is recognized by the issuance of a Presidential
654-proclamation or a Presidential executive order and in which
655-the armed forces expeditionary medal or other campaign service
656-medals are awarded according to Presidential executive order.
657-"Veteran" means a person who (i) has been a member of the
658-armed forces of the United States or, while a citizen of the
659-United States, was a member of the armed forces of allies of
660-the United States in time of hostilities with a foreign
661-country and (ii) has served under one or more of the following
662-
663-
664-conditions: (a) the veteran served a total of at least 6
665-months; (b) the veteran served for the duration of hostilities
666-regardless of the length of the engagement; (c) the veteran
667-was discharged on the basis of hardship; or (d) the veteran was
668-released from active duty because of a service connected
669-disability and was discharged under honorable conditions.
670-(f) Certification program. The Illinois Department of
671-Veterans' Affairs and the Commission on Equity and Inclusion
672-shall work together to devise a certification procedure to
673-assure that businesses taking advantage of this Section are
674-legitimately classified as qualified service-disabled
675-veteran-owned small businesses or qualified veteran-owned
676-small businesses.
677-The Commission on Equity and Inclusion shall:
678-(1) compile and maintain a comprehensive list of
679-certified veteran-owned small businesses and
680-service-disabled veteran-owned small businesses;
681-(2) assist veteran-owned small businesses and
682-service-disabled veteran-owned small businesses in
683-complying with the procedures for bidding on State
684-contracts;
685-(3) provide training for State agencies regarding the
686-goal setting process and compliance with veteran-owned
687-small business and service-disabled veteran-owned small
688-business goals; and
689-(4) implement and maintain an electronic portal on the
690-
691-
692-Commission on Equity and Inclusion's website for the
693-purpose of completing and submitting veteran-owned small
694-business and service-disabled veteran-owned small business
695-certificates.
696-The Commission on Equity and Inclusion, in consultation
697-with the Department of Veterans' Affairs, may develop programs
698-and agreements to encourage cities, counties, towns,
699-townships, and other certifying entities to adopt uniform
700-certification procedures and certification recognition
701-programs.
702-(f-5) A business shall be certified by the Commission on
703-Equity and Inclusion as a service-disabled veteran-owned small
704-business or a veteran-owned small business for purposes of
705-this Section if the Commission on Equity and Inclusion
706-determines that the business has been certified as a
707-service-disabled veteran-owned small business or a
708-veteran-owned small business by the Vets First Verification
709-Program of the United States Department of Veterans Affairs,
710-and the business has provided to the Commission on Equity and
711-Inclusion the following:
712-(1) documentation showing certification as a
713-service-disabled veteran-owned small business or a
714-veteran-owned small business by the Vets First
715-Verification Program of the United States Department of
716-Veterans Affairs;
717-(2) proof that the business has its home office in
718-
719-
720-Illinois; and
721-(3) proof that the qualified veterans or qualified
722-service-disabled veterans live in the State of Illinois.
723-The policies of the Commission on Equity and Inclusion
724-regarding recognition of the Vets First Verification Program
725-of the United States Department of Veterans Affairs shall be
726-reviewed annually by the Commission on Equity and Inclusion,
727-and recognition of service-disabled veteran-owned small
728-businesses and veteran-owned small businesses certified by the
729-Vets First Verification Program of the United States
730-Department of Veterans Affairs may be discontinued by the
731-Commission on Equity and Inclusion by rule upon a finding that
732-the certification standards of the Vets First Verification
733-Program of the United States Department of Veterans Affairs do
734-not meet the certification requirements established by the
735-Commission on Equity and Inclusion.
736-(g) Penalties.
737-(1) Administrative penalties. The chief procurement
738-officers appointed pursuant to Section 10-20 shall suspend
739-any person who commits a violation of Section 17-10.3 or
740-subsection (d) of Section 33E-6 of the Criminal Code of
741-2012 relating to this Section from bidding on, or
742-participating as a contractor, subcontractor, or supplier
743-in, any State contract or project for a period of not less
744-than 3 years, and, if the person is certified as a
745-service-disabled veteran-owned small business or a
746-
747-
748-veteran-owned small business, then the Commission on
749-Equity and Inclusion shall revoke the business's
750-certification for a period of not less than 3 years. An
751-additional or subsequent violation shall extend the
752-periods of suspension and revocation for a period of not
753-less than 5 years. The suspension and revocation shall
754-apply to the principals of the business and any subsequent
755-business formed or financed by, or affiliated with, those
756-principals.
757-(2) Reports of violations. Each State agency shall
758-report any alleged violation of Section 17-10.3 or
759-subsection (d) of Section 33E-6 of the Criminal Code of
760-2012 relating to this Section to the chief procurement
761-officers appointed pursuant to Section 10-20. The chief
762-procurement officers appointed pursuant to Section 10-20
763-shall subsequently report all such alleged violations to
764-the Attorney General, who shall determine whether to bring
765-a civil action against any person for the violation.
766-(3) List of suspended persons. The chief procurement
767-officers appointed pursuant to Section 10-20 shall monitor
768-the status of all reported violations of Section 17-10.3
769-or subsection (d) of Section 33E-6 of the Criminal Code of
770-1961 or the Criminal Code of 2012 relating to this Section
771-and shall maintain and make available to all State
772-agencies a central listing of all persons that committed
773-violations resulting in suspension.
774-
775-
776-(4) Use of suspended persons. During the period of a
777-person's suspension under paragraph (1) of this
778-subsection, a State agency shall not enter into any
779-contract with that person or with any contractor using the
780-services of that person as a subcontractor.
781-(5) Duty to check list. Each State agency shall check
782-the central listing provided by the chief procurement
783-officers appointed pursuant to Section 10-20 under
784-paragraph (3) of this subsection to verify that a person
785-being awarded a contract by that State agency, or to be
786-used as a subcontractor or supplier on a contract being
787-awarded by that State agency, is not under suspension
788-pursuant to paragraph (1) of this subsection.
789-(h) On and after the effective date of this amendatory Act
790-of the 102nd General Assembly, all powers, duties, rights, and
791-responsibilities of the Department of Central Management
792-Services with respect to the requirements of this Section are
793-transferred to the Commission on Equity and Inclusion.
794-All books, records, papers, documents, property (real and
795-personal), contracts, causes of action, and pending business
796-pertaining to the powers, duties, rights, and responsibilities
797-transferred by this amendatory Act from the Department of
798-Central Management Services to the Commission on Equity and
799-Inclusion, including, but not limited to, material in
800-electronic or magnetic format and necessary computer hardware
801-and software, shall be transferred to the Commission on Equity
802-
803-
804-and Inclusion.
805-The powers, duties, rights, and responsibilities
806-transferred from the Department of Central Management Services
807-by this amendatory Act shall be vested in and shall be
808-exercised by the Commission on Equity and Inclusion.
809-Whenever reports or notices are now required to be made or
810-given or papers or documents furnished or served by any person
811-to or upon the Department of Central Management Services in
812-connection with any of the powers, duties, rights, and
813-responsibilities transferred by this amendatory Act, the same
814-shall be made, given, furnished, or served in the same manner
815-to or upon the Commission on Equity and Inclusion.
816-This amendatory Act of the 102nd General Assembly does not
817-affect any act done, ratified, or canceled or any right
818-occurring or established or any action or proceeding had or
819-commenced in an administrative, civil, or criminal cause by
820-the Department of Central Management Services before this
821-amendatory Act takes effect; such actions or proceedings may
822-be prosecuted and continued by the Commission on Equity and
823-Inclusion.
824-Any rules of the Department of Central Management Services
825-that relate to its powers, duties, rights, and
826-responsibilities under this Section and are in full force on
827-the effective date of this amendatory Act of the 102nd General
828-Assembly shall become the rules of the Commission on Equity
829-and Inclusion. This amendatory Act does not affect the
830-
831-
832-legality of any such rules in the Illinois Administrative
833-Code. Any proposed rules filed with the Secretary of State by
834-the Department of Central Management Services that are pending
835-in the rulemaking process on the effective date of this
836-amendatory Act and pertain to the powers, duties, rights, and
837-responsibilities transferred, shall be deemed to have been
838-filed by the Commission on Equity and Inclusion. As soon as
839-practicable hereafter, the Commission on Equity and Inclusion
840-shall revise and clarify the rules transferred to it under
841-this amendatory Act to reflect the reorganization of powers,
842-duties, rights, and responsibilities affected by this
843-amendatory Act, using the procedures for recodification of
844-rules available under the Illinois Administrative Procedure
845-Act, except that existing title, part, and section numbering
846-for the affected rules may be retained. The Commission on
847-Equity and Inclusion may propose and adopt under the Illinois
848-Administrative Procedure Act such other rules of the
849-Department of Central Management Services that will now be
850-administered by the Commission on Equity and Inclusion.
851-(Source: P.A. 102-166, eff. 7-26-21; 102-671, eff. 11-30-21.)
852-ARTICLE 25. SMALL BUSINESS SET-ASIDE REPORTING
853-Section 25-5. The Illinois Procurement Code is amended by
854-changing Section 45-45 as follows:
855-
856-
857-(30 ILCS 500/45-45)
858-Sec. 45-45. Small businesses.
859-(a) Set-asides. Each chief procurement officer has
860-authority to designate as small business set-asides a fair
861-proportion of construction, supply, and service contracts for
862-award to small businesses in Illinois. Advertisements for bids
863-or offers for those contracts shall specify designation as
864-small business set-asides. In awarding the contracts, only
865-bids or offers from qualified small businesses shall be
866-considered.
867-(b) Small business. "Small business" means a business that
868-is independently owned and operated and that is not dominant
869-in its field of operation. The chief procurement officer shall
870-establish a detailed definition by rule, using in addition to
871-the foregoing criteria other criteria, including the number of
872-employees and the dollar volume of business. When computing
873-the size status of a potential contractor, annual sales and
874-receipts of the potential contractor and all of its affiliates
875-shall be included. The maximum number of employees and the
876-maximum dollar volume that a small business may have under the
877-rules promulgated by the chief procurement officer may vary
878-from industry to industry to the extent necessary to reflect
879-differing characteristics of those industries, subject to the
880-following limitations:
881-(1) No wholesale business is a small business if its
882-annual sales for its most recently completed fiscal year
883-
884-
885-exceed $13,000,000.
886-(2) No retail business or business selling services is
887-a small business if its annual sales and receipts exceed
888-$8,000,000.
889-(3) No manufacturing business is a small business if
890-it employs more than 250 persons.
891-(4) No construction business is a small business if
892-its annual sales and receipts exceed $14,000,000.
893-(c) Fair proportion. For the purpose of subsection (a),
894-for State agencies of the executive branch, a fair proportion
895-of construction contracts shall be no less than 25% nor more
896-than 40% of the annual total contracts for construction.
897-(d) Withdrawal of designation. A small business set-aside
898-designation may be withdrawn by the purchasing agency when
899-deemed in the best interests of the State. Upon withdrawal,
900-all bids or offers shall be rejected, and the bidders or
901-offerors shall be notified of the reason for rejection. The
902-contract shall then be awarded in accordance with this Code
903-without the designation of small business set-aside. Each
904-chief procurement officer shall make the annual report
905-available on his or her official website. Each chief
906-procurement officer shall also issue a press release in
907-conjunction with the small business annual report that
908-includes an executive summary of the annual report and a link
909-to the annual report on the chief procurement officer's
910-website.
911-
912-
913-(e) Small business specialist. Each chief procurement
914-officer shall designate one or more individuals to serve as
915-its small business specialist. The small business specialists
916-shall collectively work together to accomplish the following
917-duties:
918-(1) Compiling and maintaining a comprehensive list of
919-potential small contractors. In this duty, he or she shall
920-cooperate with the Federal Small Business Administration
921-in locating potential sources for various products and
922-services.
923-(2) Assisting small businesses in complying with the
924-procedures for bidding on State contracts.
925-(3) Examining requests from State agencies for the
926-purchase of property or services to help determine which
927-invitations to bid are to be designated small business
928-set-asides.
929-(4) Making recommendations to the chief procurement
930-officer for the simplification of specifications and terms
931-in order to increase the opportunities for small business
932-participation.
933-(5) Assisting in investigations by purchasing agencies
934-to determine the responsibility of bidders or offerors on
935-small business set-asides.
936-(f) Small business annual report. Each small business
937-specialist designated under subsection (e) shall annually
938-before November 1 report in writing to the General Assembly
939-
940-
941-concerning the awarding of contracts to small businesses. The
942-report shall include the total value of awards made in the
943-preceding fiscal year under the designation of small business
944-set-aside. The report shall also include the total value of
945-awards made to businesses owned by minorities, women, and
946-persons with disabilities, as defined in the Business
947-Enterprise for Minorities, Women, and Persons with
948-Disabilities Act, in the preceding fiscal year under the
949-designation of small business set-aside.
950-The requirement for reporting to the General Assembly
951-shall be satisfied by filing copies of the report as required
952-by Section 3.1 of the General Assembly Organization Act.
953-(Source: P.A. 100-43, eff. 8-9-17; 100-391, eff. 8-25-17;
954-100-863, eff. 8-14-18.)
955-Section 25-10. The Business Enterprise for Minorities,
956-Women, and Persons with Disabilities Act is amended by
957-changing Section 8f as follows:
958-(30 ILCS 575/8f)
959-(Section scheduled to be repealed on June 30, 2024)
960-Sec. 8f. Annual report. The Council shall file no later
961-than March 1 of each year, an annual report that shall detail
962-the level of achievement toward the goals specified in this
963-Act over the 3 most recent fiscal years. The annual report
964-shall include, but need not be limited to the following:
965-
966-
967-(1) a summary detailing expenditures subject to the
968-goals, the actual goals specified, and the goals attained
969-by each State agency and public institution of higher
970-education;
971-(2) a summary of the number of contracts awarded and
972-the average contract amount by each State agency and
973-public institution of higher education;
974-(3) an analysis of the level of overall goal
975-achievement concerning purchases from minority-owned
976-businesses, women-owned businesses, and businesses owned
977-by persons with disabilities;
978-(4) an analysis of the number of businesses owned by
979-minorities, women, and persons with disabilities that are
980-certified under the program as well as the number of those
981-businesses that received State procurement contracts; and
982-(5) a summary of the number of contracts awarded to
983-businesses with annual gross sales of less than
984-$1,000,000; of $1,000,000 or more, but less than
985-$5,000,000; of $5,000,000 or more, but less than
986-$10,000,000; and of $10,000,000 or more.
987-The Council shall make the annual report available on its
988-official website. The Council shall also issue a press release
989-in conjunction with the annual report that includes an
990-executive summary of the annual report and a link to the annual
991-report on its official website.
992-(Source: P.A. 99-462, eff. 8-25-15; 100-391, eff. 8-25-17.)
993-
994-
995-ARTICLE 35. CMS FACILITY LEASES
996-Section 35-5. The Department of Central Management
997-Services Law of the Civil Administrative Code of Illinois is
998-amended by changing Section 405-300 as follows:
999-(20 ILCS 405/405-300) (was 20 ILCS 405/67.02)
1000-Sec. 405-300. Lease or purchase of facilities; training
1001-programs.
1002-(a) To lease or purchase office and storage space,
1003-buildings, land, and other facilities for all State agencies,
1004-authorities, boards, commissions, departments, institutions,
1005-and bodies politic and all other administrative units or
1006-outgrowths of the executive branch of State government except
1007-the Constitutional officers, the State Board of Education and
1008-the State colleges and universities and their governing
1009-bodies. However, before leasing or purchasing any office or
1010-storage space, buildings, land or other facilities in any
1011-municipality the Department shall survey the existing
1012-State-owned and State-leased property to make a determination
1013-of need.
1014-The leases shall be for a term not to exceed 5 years,
1015-except that the leases may contain a renewal clause subject to
1016-acceptance by the State after that date or an option to
1017-purchase. The purchases shall be made through contracts that
1018-
1019-
1020-(i) may provide for the title to the property to transfer
1021-immediately to the State or a trustee or nominee for the
1022-benefit of the State, (ii) shall provide for the consideration
1023-to be paid in installments to be made at stated intervals
1024-during a certain term not to exceed 30 years from the date of
1025-the contract, and (iii) may provide for the payment of
1026-interest on the unpaid balance at a rate that does not exceed a
1027-rate determined by adding 3 percentage points to the annual
1028-yield on United States Treasury obligations of comparable
1029-maturity as most recently published in the Wall Street Journal
1030-at the time such contract is signed. The leases and purchase
1031-contracts shall be and shall recite that they are subject to
1032-termination and cancellation in any year for which the General
1033-Assembly fails to make an appropriation to pay the rent or
1034-purchase installments payable under the terms of the lease or
1035-purchase contract. Additionally, the purchase contract shall
1036-specify that title to the office and storage space, buildings,
1037-land, and other facilities being acquired under the contract
1038-shall revert to the Seller in the event of the failure of the
1039-General Assembly to appropriate suitable funds. However, this
1040-limitation on the term of the leases does not apply to leases
1041-to and with the Illinois Building Authority, as provided for
1042-in the Building Authority Act. Leases to and with that
1043-Authority may be entered into for a term not to exceed 30 years
1044-and shall be and shall recite that they are subject to
1045-termination and cancellation in any year for which the General
1046-
1047-
1048-Assembly fails to make an appropriation to pay the rent
1049-payable under the terms of the lease. These limitations do not
1050-apply if the lease or purchase contract contains a provision
1051-limiting the liability for the payment of the rentals or
1052-installments thereof solely to funds received from the Federal
1053-government.
1054-(b) To lease from an airport authority office, aircraft
1055-hangar, and service buildings constructed upon a public
1056-airport under the Airport Authorities Act for the use and
1057-occupancy of the State Department of Transportation. The lease
1058-may be entered into for a term not to exceed 30 years.
1059-(c) To establish training programs for teaching State
1060-leasing procedures and practices to new employees of the
1061-Department and to keep all employees of the Department
1062-informed about current leasing practices and developments in
1063-the real estate industry.
1064-(d) To enter into an agreement with a municipality or
1065-county to construct, remodel, or convert a structure for the
1066-purposes of its serving as a correctional institution or
1067-facility pursuant to paragraph (c) of Section 3-2-2 of the
1068-Unified Code of Corrections.
1069-(e) To enter into an agreement with a private individual,
1070-trust, partnership, or corporation or a municipality or other
1071-unit of local government, when authorized to do so by the
1072-Department of Corrections, whereby that individual, trust,
1073-partnership, or corporation or municipality or other unit of
1074-
1075-
1076-local government will construct, remodel, or convert a
1077-structure for the purposes of its serving as a correctional
1078-institution or facility and then lease the structure to the
1079-Department for the use of the Department of Corrections. A
1080-lease entered into pursuant to the authority granted in this
1081-subsection shall be for a term not to exceed 30 years but may
1082-grant to the State the option to purchase the structure
1083-outright.
1084-The leases shall be and shall recite that they are subject
1085-to termination and cancellation in any year for which the
1086-General Assembly fails to make an appropriation to pay the
1087-rent payable under the terms of the lease.
1088-(f) On and after September 17, 1983, the powers granted to
1089-the Department under this Section shall be exercised
1090-exclusively by the Department, and no other State agency may
1091-concurrently exercise any such power unless specifically
1092-authorized otherwise by a later enacted law. This subsection
1093-is not intended to impair any contract existing as of
1094-September 17, 1983.
1095-However, no lease for more than 10,000 square feet of
1096-space shall be executed unless the Director, in consultation
1097-with the Executive Director of the Capital Development Board,
1098-has certified that leasing is in the best interest of the
1099-State, considering programmatic requirements, availability of
1100-vacant State-owned space, the cost-benefits of purchasing or
1101-constructing new space, and other criteria as he or she shall
1102-
1103-
1104-determine. The Director shall not permit multiple leases for
1105-less than 10,000 square feet to be executed in order to evade
1106-this provision.
1107-(g) To develop and implement, in cooperation with the
1108-Interagency Energy Conservation Committee, a system for
1109-evaluating energy consumption in facilities leased by the
1110-Department, and to develop energy consumption standards for
1111-use in evaluating prospective lease sites.
1112-(h) (1) After June 1, 1998 (the effective date of Public
1113-Act 90-520), the Department shall not enter into an
1114-agreement for the installment purchase or lease purchase
1115-of buildings, land, or facilities unless:
1116-(A) the using agency certifies to the Department
1117-that the agency reasonably expects that the building,
1118-land, or facilities being considered for purchase will
1119-meet a permanent space need;
1120-(B) the building or facilities will be
1121-substantially occupied by State agencies after
1122-purchase (or after acceptance in the case of a build to
1123-suit);
1124-(C) the building or facilities shall be in new or
1125-like new condition and have a remaining economic life
1126-exceeding the term of the contract;
1127-(D) no structural or other major building
1128-component or system has a remaining economic life of
1129-less than 10 years;
1130-
1131-
1132-(E) the building, land, or facilities:
1133-(i) is free of any identifiable environmental
1134-hazard or
1135-(ii) is subject to a management plan, provided
1136-by the seller and acceptable to the State, to
1137-address the known environmental hazard;
1138-(F) the building, land, or facilities satisfy
1139-applicable accessibility and applicable building
1140-codes; and
1141-(G) the State's cost to lease purchase or
1142-installment purchase the building, land, or facilities
1143-is less than the cost to lease space of comparable
1144-quality, size, and location over the lease purchase or
1145-installment purchase term.
1146-(2) The Department shall establish the methodology for
1147-comparing lease costs to the costs of installment or lease
1148-purchases. The cost comparison shall take into account all
1149-relevant cost factors, including, but not limited to, debt
1150-service, operating and maintenance costs, insurance and
1151-risk costs, real estate taxes, reserves for replacement
1152-and repairs, security costs, and utilities. The
1153-methodology shall also provide:
1154-(A) that the comparison will be made using level
1155-payment plans; and
1156-(B) that a purchase price must not exceed the fair
1157-market value of the buildings, land, or facilities and
1158-
1159-
1160-that the purchase price must be substantiated by an
1161-appraisal or by a competitive selection process.
1162-(3) If the Department intends to enter into an
1163-installment purchase or lease purchase agreement for
1164-buildings, land, or facilities under circumstances that do
1165-not satisfy the conditions specified by this Section, it
1166-must issue a notice to the Secretary of the Senate and the
1167-Clerk of the House. The notice shall contain (i) specific
1168-details of the State's proposed purchase, including the
1169-amounts, purposes, and financing terms; (ii) a specific
1170-description of how the proposed purchase varies from the
1171-procedures set forth in this Section; and (iii) a specific
1172-justification, signed by the Director, stating why it is
1173-in the State's best interests to proceed with the
1174-purchase. The Department may not proceed with such an
1175-installment purchase or lease purchase agreement if,
1176-within 60 calendar days after delivery of the notice, the
1177-General Assembly, by joint resolution, disapproves the
1178-transaction. Delivery may take place on a day and at an
1179-hour when the Senate and House are not in session so long
1180-as the offices of Secretary and Clerk are open to receive
1181-the notice. In determining the 60-day period within which
1182-the General Assembly must act, the day on which delivery
1183-is made to the Senate and House shall not be counted. If
1184-delivery of the notice to the 2 houses occurs on different
1185-days, the 60-day period shall begin on the day following
1186-
1187-
1188-the later delivery.
1189-(4) On or before February 15 of each year, the
1190-Department shall submit an annual report to the Director
1191-of the Governor's Office of Management and Budget and the
1192-General Assembly regarding installment purchases or lease
1193-purchases of buildings, land, or facilities that were
1194-entered into during the preceding calendar year. The
1195-report shall include a summary statement of the aggregate
1196-amount of the State's obligations under those purchases;
1197-specific details pertaining to each purchase, including
1198-the amounts, purposes, and financing terms and payment
1199-schedule for each purchase; and any other matter that the
1200-Department deems advisable. The report shall also contain
1201-an analysis of all leases that meet both of the following
1202-criteria: (1) the lease contains a purchase option clause;
1203-and (2) the third full year of the lease has been
1204-completed. That analysis shall include, without
1205-limitation, a recommendation of whether it is in the
1206-State's best interest to exercise the purchase option or
1207-to seek to renew the lease without exercising the clause.
1208-The requirement for reporting shall be satisfied by
1209-filing copies of the report with each of the following:
1210-(1) the Auditor General; (2) the Chairs of the
1211-Appropriations Committees; (3) the General Assembly and
1212-the Commission on Government Forecasting and
1213-Accountability as required by Section 3.1 of the General
1214-
1215-
1216-Assembly Organizations Act; and (4) the State Government
1217-Report Distribution Center for the General Assembly as is
1218-required under paragraph (t) of Section 7 of the State
1219-Library Act.
1220-(Source: P.A. 99-143, eff. 7-27-15; 100-1109, eff. 1-1-19;
1221-100-1148, eff. 12-10-18.)
1222-ARTICLE 40. DISABILITY-SERVICE ORGANIZATIONS
1223-Section 40-5. The Illinois Procurement Code is amended by
1224-changing Section 45-35 as follows:
1225-(30 ILCS 500/45-35)
1226-Sec. 45-35. Not-for-profit agencies for persons with
1227-significant disabilities.
1228-(a) Qualification. Supplies and services may be procured
1229-without advertising or calling for bids from any qualified
1230-not-for-profit agency for persons with significant
1231-disabilities that:
1232-(1) complies with Illinois laws governing private
1233-not-for-profit organizations;
1234-(2) provides for payment of a wage for contractual
1235-services under this Section that is no less than the
1236-applicable local or Illinois minimum wage, whichever is
1237-higher, for all employees performing work on the contract,
1238-including subcontractors performing work on the contract;
1239-
1240-
1241-is certified as a work center by the Wage and Hour Division
1242-of the United States Department of Labor or is an
1243-accredited vocational program that provides transition
1244-services to youth between the ages of 14 1/2 and 22 in
1245-accordance with individualized education plans under
1246-Section 14-8.03 of the School Code and that provides
1247-residential services at a child care institution, as
1248-defined under Section 2.06 of the Child Care Act of 1969,
1249-or at a group home, as defined under Section 2.16 of the
1250-Child Care Act of 1969; and
1251-(3) is (A) a disability-serving organization that is
1252-accredited by a nationally-recognized accrediting
1253-organization or licensed by the Department of Human
1254-Services or (B) a Center for Independent Living. certified
1255-as a developmental training provider by the Department of
1256-Human Services.
1257-(b) Participation. To participate, the not-for-profit
1258-agency must have indicated an interest in providing the
1259-supplies and services, must meet the specifications and needs
1260-of the using agency, and must set a fair and reasonable price.
1261-(c) Committee. There is created within the Department of
1262-Central Management Services a committee to facilitate the
1263-purchase of products and services from not-for-profit agencies
1264-that provide employment opportunities to persons with physical
1265-disabilities, intellectual or developmental disabilities,
1266-mental illnesses, or any combination thereof. This committee
1267-
1268-
1269-is called the State Use Committee. The State Use Committee
1270-shall consist of the Director of the Department of Central
1271-Management Services or his or her designee, the Secretary of
1272-the Department of Human Services or his or her designee, the
1273-Director of Commerce and Economic Opportunity or his or her
1274-designee, one public member representing private business who
1275-is knowledgeable of the employment needs and concerns of
1276-persons with developmental disabilities, one public member
1277-representing private business who is knowledgeable of the
1278-needs and concerns of rehabilitation facilities, one public
1279-member who is knowledgeable of the employment needs and
1280-concerns of persons with developmental disabilities, one
1281-public member who is knowledgeable of the needs and concerns
1282-of rehabilitation facilities, 2 members who have a disability,
1283-2 public members from a statewide association that represents
1284-community-based rehabilitation facilities serving or
1285-supporting individuals with intellectual or developmental
1286-disabilities, and one public member from a disability-focused
1287-statewide advocacy group, all appointed by the Governor. The
1288-public members shall serve 2 year terms, commencing upon
1289-appointment and every 2 years thereafter. A public member may
1290-be reappointed, and vacancies shall be filled by appointment
1291-for the completion of the term. In the event there is a vacancy
1292-on the State Use Committee, the Governor must make an
1293-appointment to fill that vacancy within 30 calendar days after
1294-the notice of vacancy. The members shall serve without
1295-
1296-
1297-compensation but shall be reimbursed for expenses at a rate
1298-equal to that of State employees on a per diem basis by the
1299-Department of Central Management Services. All members shall
1300-be entitled to vote on issues before the State Use Committee.
1301-The State Use Committee shall have the following powers
1302-and duties:
1303-(1) To request from any State agency information as to
1304-product specification and service requirements in order to
1305-carry out its purpose.
1306-(2) To meet quarterly or more often as necessary to
1307-carry out its purposes.
1308-(3) To request a quarterly report from each
1309-participating qualified not-for-profit agency for persons
1310-with significant disabilities describing the volume of
1311-sales for each product or service sold under this Section.
1312-(4) To prepare a report for the Governor and General
1313-Assembly no later than December 31 of each year. The
1314-requirement for reporting to the General Assembly shall be
1315-satisfied by following the procedures set forth in Section
1316-3.1 of the General Assembly Organization Act.
1317-(5) To prepare a publication that lists all supplies
1318-and services currently available from any qualified
1319-not-for-profit agency for persons with significant
1320-disabilities. This list and any revisions shall be
1321-distributed to all purchasing agencies.
1322-(6) To encourage diversity in supplies and services
1323-
1324-
1325-provided by qualified not-for-profit agencies for persons
1326-with significant disabilities and discourage unnecessary
1327-duplication or competition among not-for-profit agencies.
1328-(7) To develop guidelines to be followed by qualifying
1329-agencies for participation under the provisions of this
1330-Section. Guidelines shall include a list of national
1331-accrediting organizations which satisfy the requirements
1332-of item (3) of subsection (a) of this Section. The
1333-guidelines shall be developed within 6 months after the
1334-effective date of this Code and made available on a
1335-nondiscriminatory basis to all qualifying agencies. The
1336-new guidelines required under this item (7) by Public Act
1337-100-203 shall be developed within 6 months after August
1338-18, 2017 (the effective date of Public Act 100-203) and
1339-made available on a non-discriminatory basis to all
1340-qualifying not-for-profit agencies.
1341-(8) To review all pricing submitted under the
1342-provisions of this Section and may approve a proposed
1343-agreement for supplies or services where the price
1344-submitted is fair and reasonable. Review of pricing under
1345-this paragraph may include, but is not limited to:
1346-(A) Amounts private businesses would pay for
1347-similar products or services.
1348-(B) Amounts the federal government would pay
1349-contractors for similar products or services.
1350-(C) The amount paid by the State for similar
1351-
1352-
1353-products or services.
1354-(D) The actual cost of manufacturing the product
1355-or performing a service at a community rehabilitation
1356-program offering employment services on or off
1357-premises to persons with disabilities or mental
1358-illnesses, with adequate consideration given to legal
1359-and moral imperatives to pay workers with disabilities
1360-equitable wages.
1361-(E) The usual, customary, and reasonable costs of
1362-manufacturing, marketing, and distribution.
1363-(9) To, not less than every 3 years, adopt a strategic
1364-plan for increasing the number of products and services
1365-purchased from qualified not-for-profit agencies for
1366-persons with disabilities or mental illnesses, including
1367-the feasibility of developing mandatory set-aside
1368-contracts.
1369-(c-5) Conditions for Use. Each chief procurement officer
1370-shall, in consultation with the State Use Committee, determine
1371-which articles, materials, services, food stuffs, and supplies
1372-that are produced, manufactured, or provided by persons with
1373-significant disabilities in qualified not-for-profit agencies
1374-shall be given preference by purchasing agencies procuring
1375-those items.
1376-(d) (Blank).
1377-(e) Subcontracts. Subcontracts shall be permitted for
1378-agreements authorized under this Section. For the purposes of
1379-
1380-
1381-this subsection (e), "subcontract" means any acquisition from
1382-another source of supplies, not including raw materials, or
1383-services required by a qualified not-for-profit agency to
1384-provide the supplies or services that are the subject of the
1385-contract between the State and the qualified not-for-profit
1386-agency.
1387-The State Use Committee shall develop guidelines to be
1388-followed by qualified not-for-profit agencies when seeking and
1389-establishing subcontracts with other persons or not-for-profit
1390-agencies in order to fulfill State contract requirements.
1391-These guidelines shall include the following:
1392-(i) The State Use Committee must approve all
1393-subcontracts and substantive amendments to subcontracts
1394-prior to execution or amendment of the subcontract.
1395-(ii) A qualified not-for-profit agency shall not enter
1396-into a subcontract, or any combination of subcontracts, to
1397-fulfill an entire requirement, contract, or order without
1398-written State Use Committee approval.
1399-(iii) A qualified not-for-profit agency shall make
1400-reasonable efforts to utilize subcontracts with other
1401-not-for-profit agencies for persons with significant
1402-disabilities.
1403-(iv) For any subcontract not currently performed by a
1404-qualified not-for-profit agency, the primary qualified
1405-not-for-profit agency must provide to the State Use
1406-Committee the following: (A) a written explanation as to
1407-
1408-
1409-why the subcontract is not performed by a qualified
1410-not-for-profit agency, and (B) a written plan to transfer
1411-the subcontract to a qualified not-for-profit agency, as
1412-reasonable.
1413-(Source: P.A. 102-343, eff. 8-13-21; 102-558, eff. 8-20-21.)
1414-ARTICLE 45. REIMAGINING HOTEL FLORENCE ACT
1415-Section 45-1. Short title. This Act may be cited as the
1416-Reimagining Hotel Florence Act. References in this Article to
1417-"this Act" mean this Article.
1418-Section 45-5. Legislative intent. Originally built in
1419-1881, the Hotel Florence is located within the Pullman
1420-Historic District and was placed on the National Register of
1421-Historic Places in 1969 and was designated a National Historic
1422-Landmark on December 30, 1970. To save it from demolition the
1423-Historic Pullman Foundation purchased the hotel in 1975 and
1424-maintained ownership until 1991 when the State of Illinois
1425-took title of the building. The Hotel Florence is continually
1426-closed for renovations and is a semi-closed public space.
1427-The hotel sits next to the Pullman National Historic
1428-Landmark District, which was designated as a National Monument
1429-in 2015 and recently redesignated as Illinois's first National
1430-Park on December 29, 2022 and is operated by the U.S. National
1431-Park Service. This redesignation allows for the National Park
1432-
1433-
1434-Service to enter into cooperative agreements with outside
1435-parties for interpretive and educational programs at
1436-nonfederal historic properties within the boundaries of the
1437-park and to provide assistance for the preservation of
1438-nonfederal land within the boundaries of the historical park
1439-and at sites in close proximity to it, which may include the
1440-Hotel Florence.
1441-The General Assembly has allocated $21,000,000 in capital
1442-infrastructure funds to aid in the redevelopment of the Hotel
1443-Florence.
1444-The General Assembly finds that allowing for the
1445-Department of Natural Resources to enter into a public-private
1446-partnership that will allow the Hotel Florence to become a
1447-fully reactivated space in a timely manner that is in the
1448-public benefit of the State and the local Pullman community.
1449-Section 45-10. Definitions. In this Act:
1450-"Agreement" means a public-private agreement.
1451-"Contractor" means a person that has been selected to
1452-enter or has entered into a public-private agreement with the
1453-Department on behalf of the State for the development,
1454-financing, construction, management, or operation of the Hotel
1455-Florence pursuant to this Act.
1456-"Department" means the Department of Natural Resources.
1457-"Hotel Florence" means real property in City of Chicago
1458-located within the Pullman Historic District that is owned by
1459-
1460-
1461-the Illinois Department of Natural Resources and was acquired
1462-in 1991, at the address of 11111 S. Forrestville Avenue,
1463-Chicago, Illinois, as well as the adjacent Hotel Florence
1464-Annex building located at 537 East 111th Street, Chicago,
1465-Illinois 60628 and any associated grounds connected to either
1466-property.
1467-"Maintain" or "maintenance" includes ordinary maintenance,
1468-repair, rehabilitation, capital maintenance, maintenance
1469-replacement, and any other categories of maintenance that may
1470-be designated by the Department.
1471-"Offeror" means a person that responds to a request for
1472-proposals under this Act.
1473-"Operate" or "operation" means to do one or more of the
1474-following: maintain, improve, equip, modify, or otherwise
1475-operate.
1476-"Person" means any individual, firm, association, joint
1477-venture, partnership, estate, trust, syndicate, fiduciary,
1478-corporation, or any other legal entity, group, or combination
1479-thereof.
1480-"Public-private agreement" means an agreement or contract
1481-between the Department on behalf of the State and all
1482-schedules, exhibits, and attachments thereto, entered into
1483-pursuant to a competitive request for proposals process
1484-governed by this Act, for the development, financing,
1485-construction, management, or operation of the Hotel Florence
1486-under this Act.
1487-
1488-
1489-"Revenues" means all revenues, including, but not limited
1490-to, income, user fees, earnings, interest, lease payments,
1491-allocations, moneys from the federal government, the State,
1492-and units of local government, including, but not limited to,
1493-federal, State, and local appropriations, grants, loans, lines
1494-of credit, and credit guarantees; bond proceeds; equity
1495-investments; service payments; or other receipts arising out
1496-of or in connection with the financing, development,
1497-construction, management, or operation of the Hotel Florence.
1498-"State" means the State of Illinois.
1499-Section 45-15. Authority to enter public-private
1500-agreement.
1501-(a) Notwithstanding any provision of law to the contrary,
1502-the Department on behalf of the State may, pursuant to a
1503-competitive request for proposals process governed by the
1504-Illinois Procurement Code, rules adopted under that Code, and
1505-this Act, enter into a public-private agreement to develop,
1506-finance, construct, lease, manage, or operate the Hotel
1507-Florence on behalf of the State, pursuant to which the
1508-contractors may receive certain revenues, including management
1509-or user fees in consideration of the payment of moneys to the
1510-State for that right.
1511-(b) The term of a public-private agreement shall be no
1512-less than 25 years and no more than 75 years.
1513-(c) The term of a public-private agreement may be
1514-
1515-
1516-extended, but only if the extension is specifically authorized
1517-by the General Assembly by law.
1518-Section 45-20. Procurement; prequalification. The
1519-Department may establish a process for prequalification of
1520-offerors. If the Department does create such a process, it
1521-shall:
1522-(1) provide a public notice of the prequalification at
1523-least 30 days prior to the date on which applications are
1524-due;
1525-(2) set forth requirements and evaluation criteria in
1526-order to become prequalified;
1527-(3) determine which offerors that have submitted
1528-prequalification applications, if any, meet the
1529-requirements and evaluation criteria; and
1530-(4) allow only those offerors that have been
1531-prequalified to respond to the request for proposals.
1532-Section 45-25. Request for proposals process to enter into
1533-public-private agreement.
1534-(a) Notwithstanding any provision of law to the contrary,
1535-the Department on behalf of the State shall select a
1536-contractor through a competitive request for proposals process
1537-governed by the Illinois Procurement Code and rules adopted
1538-under that Code and this Act.
1539-(b) The competitive request for proposals process shall,
1540-
1541-
1542-at a minimum, solicit statements of qualification and
1543-proposals from offerors.
1544-(c) The competitive request for proposals process shall,
1545-at a minimum, take into account the following criteria:
1546-(1) the offeror's plans for the Hotel Florence
1547-project;
1548-(2) the offeror's current and past business practices;
1549-(3) the offeror's poor or inadequate past performance
1550-in developing, financing, constructing, managing, or
1551-operating historic landmark properties or other public
1552-assets;
1553-(4) the offeror's ability to meet and past performance
1554-in meeting or exhausting good faith efforts to meet the
1555-utilization goals for business enterprises established in
1556-the Business Enterprise for Minorities, Women, and Persons
1557-with Disabilities Act;
1558-(5) the offeror's ability to comply with and past
1559-performance in complying with Section 2-105 of the
1560-Illinois Human Rights Act; and
1561-(6) the offeror's plans to comply with the Business
1562-Enterprise for Minorities, Women, and Persons with
1563-Disabilities Act and Section 2-105 of the Illinois Human
1564-Rights Act.
1565-(d) The Department shall not include terms in the request
1566-for proposals that provide an advantage, whether directly or
1567-indirectly, to any contractor presently providing goods,
1568-
1569-
1570-services, or equipment to the Department.
1571-(e) The Department shall select one or more offerors as
1572-finalists.
1573-(f) After the procedures required in this Section have
1574-been completed, the Department shall make a determination as
1575-to whether the offeror should be designated as the contractor
1576-for the Hotel Florence project and shall submit the decision
1577-to the Governor and to the Governor's Office of Management and
1578-Budget. After review of the Department's determination, the
1579-Governor may accept or reject the determination. If the
1580-Governor accepts the determination of the Department, the
1581-Governor shall designate the offeror for the Hotel Florence
1582-project.
1583-Section 45-30. Provisions of the public-private agreement.
1584-(a) The public-private agreement shall include all of the
1585-following:
1586-(1) the term of the public-private agreement that is
1587-consistent with Section 45-40;
1588-(2) the powers, duties, responsibilities, obligations,
1589-and functions of the Department and the contractor;
1590-(3) compensation or payments to the Department, if
1591-applicable;
1592-(4) compensation or payments to the contractor, if
1593-applicable;
1594-(5) a provision specifying that the Department:
1595-
1596-
1597-(A) has ready access to information regarding the
1598-contractor's powers, duties, responsibilities,
1599-obligations, and functions under the public-private
1600-agreement;
1601-(B) has the right to demand and receive
1602-information from the contractor concerning any aspect
1603-of the contractor's powers, duties, responsibilities,
1604-obligations, and functions under the public-private
1605-agreement; and
1606-(C) has the authority to direct or countermand
1607-decisions by the contractor at any time;
1608-(6) a provision imposing an affirmative duty on the
1609-contractor to provide the Department with any information
1610-the contractor reasonably believes the Department would
1611-want to know or would need to know to enable the Department
1612-to exercise its powers, carry out its duties,
1613-responsibilities, and obligations, and perform its
1614-functions under this Act or the public-private agreement
1615-or as otherwise required by law;
1616-(7) the authority of the Department to enter into
1617-contracts with third parties pursuant to Section 45-40;
1618-(8) the authority of the Department to request that
1619-the contractor reimburse the Department for third party
1620-consultants related to the monitoring the project;
1621-(9) a provision governing the contractor's authority
1622-to negotiate and execute subcontracts with third parties;
1623-
1624-
1625-(10) the authority of the contractor to impose user
1626-fees and the amounts of those fees;
1627-(11) a provision governing the deposit and allocation
1628-of revenues including user fees;
1629-(12) a provision governing rights to real and personal
1630-property of the State, the Department, the contractor, and
1631-other third parties;
1632-(13) grounds for termination of the agreement by the
1633-Department or the contractor and a restatement of the
1634-Department's rights under this Act;
1635-(14) a requirement that the contractor enter into a
1636-project labor agreement;
1637-(15) a provision stating that construction contractors
1638-shall comply with the requirements of Section 30-22 of the
1639-Illinois Procurement Code;
1640-(16) rights and remedies of the Department if the
1641-contractor defaults or otherwise fails to comply with the
1642-terms of the agreement;
1643-(17) procedures for amendment to the agreement; and
1644-(18) all other terms, conditions, and provisions
1645-acceptable to the Department that the Department deems
1646-necessary and proper and in the public interest.
1647-Section 45-35. Time limitations. The Department shall
1648-issue a request for proposals within 6 months after the
1649-effective date of this Act. The Department shall have 6 months
1650-
1651-
1652-from the date of issuance of the request for proposals to
1653-select a contractor.
1654-Section 45-40. Term of agreement; reversion of property to
1655-the Department.
1656-(a) The Department may terminate the contractor's
1657-authority and duties under the public-private agreement on the
1658-date set forth in the public-private agreement.
1659-(b) Upon termination of the public-private agreement, the
1660-authority and duties of the contractor under this Act cease,
1661-except for those duties and obligations that extend beyond the
1662-termination, as set forth in the public-private agreement, and
1663-all interests in the Hotel Florence shall revert to the
1664-Department.
1665-Section 45-45. Prohibited local action; home rule. A unit
1666-of local government, including a home rule unit, may not take
1667-any action that would have the effect of impairing the
1668-public-private agreement under this Act. This Section is a
1669-denial and limitation of home rule powers and functions under
1670-subsection (h) of Section 6 of Article VII of the Illinois
1671-Constitution.
1672-Section 45-50. Powers liberally construed. The powers
1673-conferred by this Act shall be liberally construed in order to
1674-accomplish their purposes and shall be in addition and
1675-
1676-
1677-supplemental to the powers conferred by any other law. If any
1678-other law or rule is inconsistent with this Act, this Act is
1679-controlling as to any public-private agreement entered into
1680-under this Act.
1681-Section 45-55. Full and complete authority. This Act
1682-contains full and complete authority for agreements and leases
1683-with private entities to carry out the activities described in
1684-this Act. Except as otherwise required by law, no procedure,
1685-proceedings, publications, notices, consents, approvals,
1686-orders, or acts by the Department or any other State or local
1687-agency or official are required to enter into an agreement or
1688-lease.
1689-ARTICLE 50. DURATION OF CONTRACTS
1690-Section 50-5. The Illinois Procurement Code is amended by
1691-changing Section 20-60 as follows:
1692-(30 ILCS 500/20-60)
1693-Sec. 20-60. Duration of contracts.
1694-(a) Maximum duration. A contract may be entered into for
1695-any period of time deemed to be in the best interests of the
1696-State but not exceeding 10 years inclusive, beginning January
1697-1, 2010, of proposed contract renewals; provided, however, in
1698-connection with the issuance of certificates of participation
1699-
1700-
1701-or bonds, the governing board of a public institution of
1702-higher education may enter into contracts in excess of 10
1703-years but not to exceed 30 years for the purpose of financing
1704-or refinancing real or personal property. Third parties may
1705-lease State-owned dark fiber networks for any period of time
1706-deemed to be in the best interest of the State, but not
1707-exceeding 20 years. The length of a lease for real property or
1708-capital improvements shall be in accordance with the
1709-provisions of Section 40-25. The length of energy conservation
1710-program contracts or energy savings contracts or leases shall
1711-be in accordance with the provisions of Section 25-45. A
1712-contract for bond or mortgage insurance awarded by the
1713-Illinois Housing Development Authority, however, may be
1714-entered into for any period of time less than or equal to the
1715-maximum period of time that the subject bond or mortgage may
1716-remain outstanding.
1717-(b) Subject to appropriation. All contracts made or
1718-entered into shall recite that they are subject to termination
1719-and cancellation in any year for which the General Assembly
1720-fails to make an appropriation to make payments under the
1721-terms of the contract.
1722-(c) The chief procurement officer shall file a proposed
1723-extension or renewal of a contract with the Procurement Policy
1724-Board and the Commission on Equity and Inclusion prior to
1725-entering into any extension or renewal if the cost associated
1726-with the extension or renewal exceeds $249,999. The
1727-
1728-
1729-Procurement Policy Board or the Commission on Equity and
1730-Inclusion may object to the proposed extension or renewal
1731-within 14 calendar days and require a hearing before the Board
1732-or the Commission on Equity and Inclusion prior to entering
1733-into the extension or renewal. If the Procurement Policy Board
1734-or the Commission on Equity and Inclusion does not object
1735-within 14 calendar days or takes affirmative action to
1736-recommend the extension or renewal, the chief procurement
1737-officer may enter into the extension or renewal of a contract.
1738-This subsection does not apply to any emergency procurement,
1739-any procurement under Article 40, or any procurement exempted
1740-by Section 1-10(b) of this Code. If any State agency contract
1741-is paid for in whole or in part with federal-aid funds, grants,
1742-or loans and the provisions of this subsection would result in
1743-the loss of those federal-aid funds, grants, or loans, then
1744-the contract is exempt from the provisions of this subsection
1745-in order to remain eligible for those federal-aid funds,
1746-grants, or loans, and the State agency shall file notice of
1747-this exemption with the Procurement Policy Board or the
1748-Commission on Equity and Inclusion prior to entering into the
1749-proposed extension or renewal. Nothing in this subsection
1750-permits a chief procurement officer to enter into an extension
1751-or renewal in violation of subsection (a). By August 1 each
1752-year, the Procurement Policy Board and the Commission on
1753-Equity and Inclusion shall each file a report with the General
1754-Assembly identifying for the previous fiscal year (i) the
1755-
1756-
1757-proposed extensions or renewals that were filed and whether
1758-such extensions and renewals were objected to and (ii) the
1759-contracts exempt from this subsection.
1760-(d) Notwithstanding the provisions of subsection (a) of
1761-this Section, the Department of Innovation and Technology may
1762-enter into leases for dark fiber networks for any period of
1763-time deemed to be in the best interests of the State but not
1764-exceeding 20 years inclusive. The Department of Innovation and
1765-Technology may lease dark fiber networks from third parties
1766-only for the primary purpose of providing services (i) to the
1767-offices of Governor, Lieutenant Governor, Attorney General,
1768-Secretary of State, Comptroller, or Treasurer and State
1769-agencies, as defined under Section 5-15 of the Civil
1770-Administrative Code of Illinois or (ii) for anchor
1771-institutions, as defined in Section 7 of the Illinois Century
1772-Network Act. Dark fiber network lease contracts shall be
1773-subject to all other provisions of this Code and any
1774-applicable rules or requirements, including, but not limited
1775-to, publication of lease solicitations, use of standard State
1776-contracting terms and conditions, and approval of vendor
1777-certifications and financial disclosures.
1778-(e) As used in this Section, "dark fiber network" means a
1779-network of fiber optic cables laid but currently unused by a
1780-third party that the third party is leasing for use as network
1781-infrastructure.
1782-(f) No vendor shall be eligible for renewal of a contract
1783-
1784-
1785-when that vendor has failed to meet the goals agreed to in the
1786-vendor's utilization plan, as defined in Section 2 of the
1787-Business Enterprise for Minorities, Women, and Persons with
1788-Disabilities Act, unless the State agency or public
1789-institution of higher education has determined that the vendor
1790-made good faith efforts toward meeting the contract goals. If
1791-the State agency or public institution of higher education
1792-determines that the vendor made good faith efforts, the agency
1793-or public institution of higher education may issue a waiver
1794-after concurrence by the chief procurement officer, which
1795-shall not be unreasonably withheld or impair a State agency
1796-determination to execute the renewal. The form and content of
1797-the waiver shall be prescribed by each chief procurement
1798-officer, but shall not impair a State agency or public
1799-institution of higher education determination to execute the
1800-renewal. The chief procurement officer shall post the
1801-completed form on his or her official website within 5
1802-business days after receipt from the State agency or public
1803-institution of higher education. The chief procurement officer
1804-shall maintain on his or her official website a database of
1805-waivers granted under this Section with respect to contracts
1806-under his or her jurisdiction. The database shall be updated
1807-periodically and shall be searchable by contractor name and by
1808-contracting State agency or public institution of higher
1809-education.
1810-(Source: P.A. 101-81, eff. 7-12-19; 101-657, Article 5,
1811-
1812-
1813-Section 5-5, eff. 7-1-21 (See Section 25 of P.A. 102-29 for
1814-effective date of P.A. 101-657, Article 5, Section 5-5);
1815-101-657, Article 40, Section 40-125, eff. 1-1-22; 102-29, eff.
1816-6-25-21; 102-721, eff. 1-1-23.)
1817-ARTICLE 55. PUBLIC EDUCATION PROGRAMMING
1818-Section 55-5. The Illinois Procurement Code is amended by
1819-changing Section 1-10 as follows:
1820-(30 ILCS 500/1-10)
1821-Sec. 1-10. Application.
1822-(a) This Code applies only to procurements for which
1823-bidders, offerors, potential contractors, or contractors were
1824-first solicited on or after July 1, 1998. This Code shall not
1825-be construed to affect or impair any contract, or any
1826-provision of a contract, entered into based on a solicitation
1827-prior to the implementation date of this Code as described in
1828-Article 99, including, but not limited to, any covenant
1829-entered into with respect to any revenue bonds or similar
1830-instruments. All procurements for which contracts are
1831-solicited between the effective date of Articles 50 and 99 and
1832-July 1, 1998 shall be substantially in accordance with this
1833-Code and its intent.
1834-(b) This Code shall apply regardless of the source of the
1835-funds with which the contracts are paid, including federal
1836-
1837-
1838-assistance moneys. This Code shall not apply to:
1839-(1) Contracts between the State and its political
1840-subdivisions or other governments, or between State
1841-governmental bodies, except as specifically provided in
1842-this Code.
1843-(2) Grants, except for the filing requirements of
1844-Section 20-80.
1845-(3) Purchase of care, except as provided in Section
1846-5-30.6 of the Illinois Public Aid Code and this Section.
1847-(4) Hiring of an individual as an employee and not as
1848-an independent contractor, whether pursuant to an
1849-employment code or policy or by contract directly with
1850-that individual.
1851-(5) Collective bargaining contracts.
1852-(6) Purchase of real estate, except that notice of
1853-this type of contract with a value of more than $25,000
1854-must be published in the Procurement Bulletin within 10
1855-calendar days after the deed is recorded in the county of
1856-jurisdiction. The notice shall identify the real estate
1857-purchased, the names of all parties to the contract, the
1858-value of the contract, and the effective date of the
1859-contract.
1860-(7) Contracts necessary to prepare for anticipated
1861-litigation, enforcement actions, or investigations,
1862-provided that the chief legal counsel to the Governor
1863-shall give his or her prior approval when the procuring
1864-
1865-
1866-agency is one subject to the jurisdiction of the Governor,
1867-and provided that the chief legal counsel of any other
1868-procuring entity subject to this Code shall give his or
1869-her prior approval when the procuring entity is not one
1870-subject to the jurisdiction of the Governor.
1871-(8) (Blank).
1872-(9) Procurement expenditures by the Illinois
1873-Conservation Foundation when only private funds are used.
1874-(10) (Blank).
1875-(11) Public-private agreements entered into according
1876-to the procurement requirements of Section 20 of the
1877-Public-Private Partnerships for Transportation Act and
1878-design-build agreements entered into according to the
1879-procurement requirements of Section 25 of the
1880-Public-Private Partnerships for Transportation Act.
1881-(12) (A) Contracts for legal, financial, and other
1882-professional and artistic services entered into by the
1883-Illinois Finance Authority in which the State of Illinois
1884-is not obligated. Such contracts shall be awarded through
1885-a competitive process authorized by the members of the
1886-Illinois Finance Authority and are subject to Sections
1887-5-30, 20-160, 50-13, 50-20, 50-35, and 50-37 of this Code,
1888-as well as the final approval by the members of the
1889-Illinois Finance Authority of the terms of the contract.
1890-(B) Contracts for legal and financial services entered
1891-into by the Illinois Housing Development Authority in
1892-
1893-
1894-connection with the issuance of bonds in which the State
1895-of Illinois is not obligated. Such contracts shall be
1896-awarded through a competitive process authorized by the
1897-members of the Illinois Housing Development Authority and
1898-are subject to Sections 5-30, 20-160, 50-13, 50-20, 50-35,
1899-and 50-37 of this Code, as well as the final approval by
1900-the members of the Illinois Housing Development Authority
1901-of the terms of the contract.
1902-(13) Contracts for services, commodities, and
1903-equipment to support the delivery of timely forensic
1904-science services in consultation with and subject to the
1905-approval of the Chief Procurement Officer as provided in
1906-subsection (d) of Section 5-4-3a of the Unified Code of
1907-Corrections, except for the requirements of Sections
1908-20-60, 20-65, 20-70, and 20-160 and Article 50 of this
1909-Code; however, the Chief Procurement Officer may, in
1910-writing with justification, waive any certification
1911-required under Article 50 of this Code. For any contracts
1912-for services which are currently provided by members of a
1913-collective bargaining agreement, the applicable terms of
1914-the collective bargaining agreement concerning
1915-subcontracting shall be followed.
1916-On and after January 1, 2019, this paragraph (13),
1917-except for this sentence, is inoperative.
1918-(14) Contracts for participation expenditures required
1919-by a domestic or international trade show or exhibition of
1920-
1921-
1922-an exhibitor, member, or sponsor.
1923-(15) Contracts with a railroad or utility that
1924-requires the State to reimburse the railroad or utilities
1925-for the relocation of utilities for construction or other
1926-public purpose. Contracts included within this paragraph
1927-(15) shall include, but not be limited to, those
1928-associated with: relocations, crossings, installations,
1929-and maintenance. For the purposes of this paragraph (15),
1930-"railroad" means any form of non-highway ground
1931-transportation that runs on rails or electromagnetic
1932-guideways and "utility" means: (1) public utilities as
1933-defined in Section 3-105 of the Public Utilities Act, (2)
1934-telecommunications carriers as defined in Section 13-202
1935-of the Public Utilities Act, (3) electric cooperatives as
1936-defined in Section 3.4 of the Electric Supplier Act, (4)
1937-telephone or telecommunications cooperatives as defined in
1938-Section 13-212 of the Public Utilities Act, (5) rural
1939-water or waste water systems with 10,000 connections or
1940-less, (6) a holder as defined in Section 21-201 of the
1941-Public Utilities Act, and (7) municipalities owning or
1942-operating utility systems consisting of public utilities
1943-as that term is defined in Section 11-117-2 of the
1944-Illinois Municipal Code.
1945-(16) Procurement expenditures necessary for the
1946-Department of Public Health to provide the delivery of
1947-timely newborn screening services in accordance with the
1948-
1949-
1950-Newborn Metabolic Screening Act.
1951-(17) Procurement expenditures necessary for the
1952-Department of Agriculture, the Department of Financial and
1953-Professional Regulation, the Department of Human Services,
1954-and the Department of Public Health to implement the
1955-Compassionate Use of Medical Cannabis Program and Opioid
1956-Alternative Pilot Program requirements and ensure access
1957-to medical cannabis for patients with debilitating medical
1958-conditions in accordance with the Compassionate Use of
1959-Medical Cannabis Program Act.
1960-(18) This Code does not apply to any procurements
1961-necessary for the Department of Agriculture, the
1962-Department of Financial and Professional Regulation, the
1963-Department of Human Services, the Department of Commerce
1964-and Economic Opportunity, and the Department of Public
1965-Health to implement the Cannabis Regulation and Tax Act if
1966-the applicable agency has made a good faith determination
1967-that it is necessary and appropriate for the expenditure
1968-to fall within this exemption and if the process is
1969-conducted in a manner substantially in accordance with the
1970-requirements of Sections 20-160, 25-60, 30-22, 50-5,
1971-50-10, 50-10.5, 50-12, 50-13, 50-15, 50-20, 50-21, 50-35,
1972-50-36, 50-37, 50-38, and 50-50 of this Code; however, for
1973-Section 50-35, compliance applies only to contracts or
1974-subcontracts over $100,000. Notice of each contract
1975-entered into under this paragraph (18) that is related to
1976-
1977-
1978-the procurement of goods and services identified in
1979-paragraph (1) through (9) of this subsection shall be
1980-published in the Procurement Bulletin within 14 calendar
1981-days after contract execution. The Chief Procurement
1982-Officer shall prescribe the form and content of the
1983-notice. Each agency shall provide the Chief Procurement
1984-Officer, on a monthly basis, in the form and content
1985-prescribed by the Chief Procurement Officer, a report of
1986-contracts that are related to the procurement of goods and
1987-services identified in this subsection. At a minimum, this
1988-report shall include the name of the contractor, a
1989-description of the supply or service provided, the total
1990-amount of the contract, the term of the contract, and the
1991-exception to this Code utilized. A copy of any or all of
1992-these contracts shall be made available to the Chief
1993-Procurement Officer immediately upon request. The Chief
1994-Procurement Officer shall submit a report to the Governor
1995-and General Assembly no later than November 1 of each year
1996-that includes, at a minimum, an annual summary of the
1997-monthly information reported to the Chief Procurement
1998-Officer. This exemption becomes inoperative 5 years after
1999-June 25, 2019 (the effective date of Public Act 101-27).
2000-(19) Acquisition of modifications or adjustments,
2001-limited to assistive technology devices and assistive
2002-technology services, adaptive equipment, repairs, and
2003-replacement parts to provide reasonable accommodations (i)
2004-
2005-
2006-that enable a qualified applicant with a disability to
2007-complete the job application process and be considered for
2008-the position such qualified applicant desires, (ii) that
2009-modify or adjust the work environment to enable a
2010-qualified current employee with a disability to perform
2011-the essential functions of the position held by that
2012-employee, (iii) to enable a qualified current employee
2013-with a disability to enjoy equal benefits and privileges
2014-of employment as are enjoyed by other similarly situated
2015-employees without disabilities, and (iv) that allow a
2016-customer, client, claimant, or member of the public
2017-seeking State services full use and enjoyment of and
2018-access to its programs, services, or benefits.
2019-For purposes of this paragraph (19):
2020-"Assistive technology devices" means any item, piece
2021-of equipment, or product system, whether acquired
2022-commercially off the shelf, modified, or customized, that
2023-is used to increase, maintain, or improve functional
2024-capabilities of individuals with disabilities.
2025-"Assistive technology services" means any service that
2026-directly assists an individual with a disability in
2027-selection, acquisition, or use of an assistive technology
2028-device.
2029-"Qualified" has the same meaning and use as provided
2030-under the federal Americans with Disabilities Act when
2031-describing an individual with a disability.
2032-
2033-
2034-(20) Procurement expenditures necessary for the
2035-Illinois Commerce Commission to hire third-party
2036-facilitators pursuant to Sections 16-105.17 and 16-108.18
2037-of the Public Utilities Act or an ombudsman pursuant to
2038-Section 16-107.5 of the Public Utilities Act, a
2039-facilitator pursuant to Section 16-105.17 of the Public
2040-Utilities Act, or a grid auditor pursuant to Section
2041-16-105.10 of the Public Utilities Act.
2042-(21) Procurement expenditures for the purchase,
2043-renewal, and expansion of software, software licenses, or
2044-software maintenance agreements that support the efforts
2045-of the Illinois State Police to enforce, regulate, and
2046-administer the Firearm Owners Identification Card Act, the
2047-Firearm Concealed Carry Act, the Firearms Restraining
2048-Order Act, the Firearm Dealer License Certification Act,
2049-the Law Enforcement Agencies Data System (LEADS), the
2050-Uniform Crime Reporting Act, the Criminal Identification
2051-Act, the Uniform Conviction Information Act, and the Gun
2052-Trafficking Information Act, or establish or maintain
2053-record management systems necessary to conduct human
2054-trafficking investigations or gun trafficking or other
2055-stolen firearm investigations. This paragraph (21) applies
2056-to contracts entered into on or after the effective date
2057-of this amendatory Act of the 102nd General Assembly and
2058-the renewal of contracts that are in effect on the
2059-effective date of this amendatory Act of the 102nd General
2060-
2061-
2062-Assembly.
2063-(22) Contracts for public education programming,
2064-noncommercial sustaining announcements, public service
2065-announcements, and public awareness and education
2066-messaging with the nonprofit trade associations of the
2067-providers of those services that inform the public on
2068-immediate and ongoing health and safety risks and hazards.
2069-Notwithstanding any other provision of law, for contracts
2070-with an annual value of more than $100,000 entered into on or
2071-after October 1, 2017 under an exemption provided in any
2072-paragraph of this subsection (b), except paragraph (1), (2),
2073-or (5), each State agency shall post to the appropriate
2074-procurement bulletin the name of the contractor, a description
2075-of the supply or service provided, the total amount of the
2076-contract, the term of the contract, and the exception to the
2077-Code utilized. The chief procurement officer shall submit a
2078-report to the Governor and General Assembly no later than
2079-November 1 of each year that shall include, at a minimum, an
2080-annual summary of the monthly information reported to the
2081-chief procurement officer.
2082-(c) This Code does not apply to the electric power
2083-procurement process provided for under Section 1-75 of the
2084-Illinois Power Agency Act and Section 16-111.5 of the Public
2085-Utilities Act.
2086-(d) Except for Section 20-160 and Article 50 of this Code,
2087-and as expressly required by Section 9.1 of the Illinois
2088-
2089-
2090-Lottery Law, the provisions of this Code do not apply to the
2091-procurement process provided for under Section 9.1 of the
2092-Illinois Lottery Law.
2093-(e) This Code does not apply to the process used by the
2094-Capital Development Board to retain a person or entity to
2095-assist the Capital Development Board with its duties related
2096-to the determination of costs of a clean coal SNG brownfield
2097-facility, as defined by Section 1-10 of the Illinois Power
2098-Agency Act, as required in subsection (h-3) of Section 9-220
2099-of the Public Utilities Act, including calculating the range
2100-of capital costs, the range of operating and maintenance
2101-costs, or the sequestration costs or monitoring the
2102-construction of clean coal SNG brownfield facility for the
2103-full duration of construction.
2104-(f) (Blank).
2105-(g) (Blank).
2106-(h) This Code does not apply to the process to procure or
2107-contracts entered into in accordance with Sections 11-5.2 and
2108-11-5.3 of the Illinois Public Aid Code.
2109-(i) Each chief procurement officer may access records
2110-necessary to review whether a contract, purchase, or other
2111-expenditure is or is not subject to the provisions of this
2112-Code, unless such records would be subject to attorney-client
2113-privilege.
2114-(j) This Code does not apply to the process used by the
2115-Capital Development Board to retain an artist or work or works
2116-
2117-
2118-of art as required in Section 14 of the Capital Development
2119-Board Act.
2120-(k) This Code does not apply to the process to procure
2121-contracts, or contracts entered into, by the State Board of
2122-Elections or the State Electoral Board for hearing officers
2123-appointed pursuant to the Election Code.
2124-(l) This Code does not apply to the processes used by the
2125-Illinois Student Assistance Commission to procure supplies and
2126-services paid for from the private funds of the Illinois
2127-Prepaid Tuition Fund. As used in this subsection (l), "private
2128-funds" means funds derived from deposits paid into the
2129-Illinois Prepaid Tuition Trust Fund and the earnings thereon.
2130-(m) This Code shall apply regardless of the source of
2131-funds with which contracts are paid, including federal
2132-assistance moneys. Except as specifically provided in this
2133-Code, this Code shall not apply to procurement expenditures
2134-necessary for the Department of Public Health to conduct the
2135-Healthy Illinois Survey in accordance with Section 2310-431 of
2136-the Department of Public Health Powers and Duties Law of the
2137-Civil Administrative Code of Illinois.
2138-(Source: P.A. 101-27, eff. 6-25-19; 101-81, eff. 7-12-19;
2139-101-363, eff. 8-9-19; 102-175, eff. 7-29-21; 102-483, eff
2140-1-1-22; 102-558, eff. 8-20-21; 102-600, eff. 8-27-21; 102-662,
2141-eff. 9-15-21; 102-721, eff. 1-1-23; 102-813, eff. 5-13-22;
2142-102-1116, eff. 1-10-23.)
2143-
2144-
2145-ARTICLE 60. CONTRACTOR DIVERSITY REPORTING
2146-Section 60-5. The Business Corporation Act of 1983 is
2147-amended by adding Section 14.40 as follows:
2148-(805 ILCS 5/14.40 new)
2149-Sec. 14.40. State contractors reporting.
2150-(a) Except as provided in subsection (b), by June 1, 2024,
2151-and each June 1 thereafter, a corporation that has contracts
2152-with this State shall provide to the Commission on Equity and
2153-Inclusion a list of its professional services suppliers by
2154-category, including, but not limited to, legal services,
2155-accounting services, media placement, technology services,
2156-asset management, and consulting services. The list shall
2157-include the percentage of owners and employees in each
2158-category that are women or minority persons. The list required
2159-under this subsection (a) shall provide the required
2160-information for each of the classes of minority persons
2161-identified in Section 2 of the Business Enterprise for
2162-Minorities, Women, and Persons with Disabilities Act.
2163-(b) Corporations that submit annual supplier diversity
2164-reports to the Illinois Commerce Commission in accordance with
2165-Section 8h of the Business Enterprise for Minorities, Women,
2166-and Persons with Disabilities Act are exempt from the
2167-requirements of this Section.
2168-(c) This Section is repealed on July 1, 2028.
2169-
2170-
2171-ARTICLE 65. REQUESTS FOR WAIVER OF ASPIRATIONAL GOALS
2172-Section 5. The Business Enterprise for Minorities, Women,
2173-and Persons with Disabilities Act is amended by changing
2174-Sections 2 and 7 as follows:
2175-(30 ILCS 575/2)
2176-(Section scheduled to be repealed on June 30, 2024)
2177-Sec. 2. Definitions.
2178-(A) For the purpose of this Act, the following terms shall
2179-have the following definitions:
2180-(1) "Minority person" shall mean a person who is a
2181-citizen or lawful permanent resident of the United States
2182-and who is any of the following:
2183-(a) American Indian or Alaska Native (a person
2184-having origins in any of the original peoples of North
2185-and South America, including Central America, and who
2186-maintains tribal affiliation or community attachment).
2187-(b) Asian (a person having origins in any of the
2188-original peoples of the Far East, Southeast Asia, or
2189-the Indian subcontinent, including, but not limited
2190-to, Cambodia, China, India, Japan, Korea, Malaysia,
2191-Pakistan, the Philippine Islands, Thailand, and
2192-Vietnam).
2193-(c) Black or African American (a person having
2194-
2195-
2196-origins in any of the black racial groups of Africa).
2197-(d) Hispanic or Latino (a person of Cuban,
2198-Mexican, Puerto Rican, South or Central American, or
2199-other Spanish culture or origin, regardless of race).
2200-(e) Native Hawaiian or Other Pacific Islander (a
2201-person having origins in any of the original peoples
2202-of Hawaii, Guam, Samoa, or other Pacific Islands).
2203-(2) "Woman" shall mean a person who is a citizen or
2204-lawful permanent resident of the United States and who is
2205-of the female gender.
2206-(2.05) "Person with a disability" means a person who
2207-is a citizen or lawful resident of the United States and is
2208-a person qualifying as a person with a disability under
2209-subdivision (2.1) of this subsection (A).
2210-(2.1) "Person with a disability" means a person with a
2211-severe physical or mental disability that:
2212-(a) results from:
2213-amputation,
2214-arthritis,
2215-autism,
2216-blindness,
2217-burn injury,
2218-cancer,
2219-cerebral palsy,
2220-Crohn's disease,
2221-cystic fibrosis,
2222-
2223-
2224-deafness,
2225-head injury,
2226-heart disease,
2227-hemiplegia,
2228-hemophilia,
2229-respiratory or pulmonary dysfunction,
2230-an intellectual disability,
2231-mental illness,
2232-multiple sclerosis,
2233-muscular dystrophy,
2234-musculoskeletal disorders,
2235-neurological disorders, including stroke and
2236-epilepsy,
2237-paraplegia,
2238-quadriplegia and other spinal cord conditions,
2239-sickle cell anemia,
2240-ulcerative colitis,
2241-specific learning disabilities, or
2242-end stage renal failure disease; and
2243-(b) substantially limits one or more of the
2244-person's major life activities.
2245-Another disability or combination of disabilities may
2246-also be considered as a severe disability for the purposes
2247-of item (a) of this subdivision (2.1) if it is determined
2248-by an evaluation of rehabilitation potential to cause a
2249-comparable degree of substantial functional limitation
2250-
2251-
2252-similar to the specific list of disabilities listed in
2253-item (a) of this subdivision (2.1).
2254-(3) "Minority-owned business" means a business which
2255-is at least 51% owned by one or more minority persons, or
2256-in the case of a corporation, at least 51% of the stock in
2257-which is owned by one or more minority persons; and the
2258-management and daily business operations of which are
2259-controlled by one or more of the minority individuals who
2260-own it.
2261-(4) "Women-owned business" means a business which is
2262-at least 51% owned by one or more women, or, in the case of
2263-a corporation, at least 51% of the stock in which is owned
2264-by one or more women; and the management and daily
2265-business operations of which are controlled by one or more
2266-of the women who own it.
2267-(4.1) "Business owned by a person with a disability"
2268-means a business that is at least 51% owned by one or more
2269-persons with a disability and the management and daily
2270-business operations of which are controlled by one or more
2271-of the persons with disabilities who own it. A
2272-not-for-profit agency for persons with disabilities that
2273-is exempt from taxation under Section 501 of the Internal
2274-Revenue Code of 1986 is also considered a "business owned
2275-by a person with a disability".
2276-(4.2) "Council" means the Business Enterprise Council
2277-for Minorities, Women, and Persons with Disabilities
2278-
2279-
2280-created under Section 5 of this Act.
2281-(4.3) "Commission" means, unless the context clearly
2282-indicates otherwise, the Commission on Equity and
2283-Inclusion created under the Commission on Equity and
2284-Inclusion Act.
2285-(4.4) "Certified vendor" means a minority-owned
2286-business, women-owned business, or business owned by a
2287-person with a disability that is certified by the Business
2288-Enterprise Program.
2289-(4.5) "Subcontractor" means a person or entity that
2290-enters into a contractual agreement with a prime vendor to
2291-provide, on behalf of the prime vendor, goods, services,
2292-real property, or remuneration or other monetary
2293-consideration that is the subject of the primary State
2294-contract. "Subcontractor" includes a sublessee under a
2295-State contract.
2296-(4.6) "Prime vendor" means any person or entity having
2297-a contract that is subject to this Act with a State agency
2298-or public institution of higher education.
2299-(5) "State contracts" means all contracts entered into
2300-by the State, any agency or department thereof, or any
2301-public institution of higher education, including
2302-community college districts, regardless of the source of
2303-the funds with which the contracts are paid, which are not
2304-subject to federal reimbursement. "State contracts" does
2305-not include contracts awarded by a retirement system,
2306-
2307-
2308-pension fund, or investment board subject to Section
2309-1-109.1 of the Illinois Pension Code. This definition
2310-shall control over any existing definition under this Act
2311-or applicable administrative rule.
2312-"State construction contracts" means all State
2313-contracts entered into by a State agency or public
2314-institution of higher education for the repair,
2315-remodeling, renovation or construction of a building or
2316-structure, or for the construction or maintenance of a
2317-highway defined in Article 2 of the Illinois Highway Code.
2318-(6) "State agencies" shall mean all departments,
2319-officers, boards, commissions, institutions and bodies
2320-politic and corporate of the State, but does not include
2321-the Board of Trustees of the University of Illinois, the
2322-Board of Trustees of Southern Illinois University, the
2323-Board of Trustees of Chicago State University, the Board
2324-of Trustees of Eastern Illinois University, the Board of
2325-Trustees of Governors State University, the Board of
2326-Trustees of Illinois State University, the Board of
2327-Trustees of Northeastern Illinois University, the Board of
2328-Trustees of Northern Illinois University, the Board of
2329-Trustees of Western Illinois University, municipalities or
2330-other local governmental units, or other State
2331-constitutional officers.
2332-(7) "Public institutions of higher education" means
2333-the University of Illinois, Southern Illinois University,
2334-
2335-
2336-Chicago State University, Eastern Illinois University,
2337-Governors State University, Illinois State University,
2338-Northeastern Illinois University, Northern Illinois
2339-University, Western Illinois University, the public
2340-community colleges of the State, and any other public
2341-universities, colleges, and community colleges now or
2342-hereafter established or authorized by the General
2343-Assembly.
2344-(8) "Certification" means a determination made by the
2345-Council or by one delegated authority from the Council to
2346-make certifications, or by a State agency with statutory
2347-authority to make such a certification, that a business
2348-entity is a business owned by a minority, woman, or person
2349-with a disability for whatever purpose. A business owned
2350-and controlled by women shall be certified as a
2351-"woman-owned business". A business owned and controlled by
2352-women who are also minorities shall be certified as both a
2353-"women-owned business" and a "minority-owned business".
2354-(9) "Control" means the exclusive or ultimate and sole
2355-control of the business including, but not limited to,
2356-capital investment and all other financial matters,
2357-property, acquisitions, contract negotiations, legal
2358-matters, officer-director-employee selection and
2359-comprehensive hiring, operating responsibilities,
2360-cost-control matters, income and dividend matters,
2361-financial transactions and rights of other shareholders or
2362-
2363-
2364-joint partners. Control shall be real, substantial and
2365-continuing, not pro forma. Control shall include the power
2366-to direct or cause the direction of the management and
2367-policies of the business and to make the day-to-day as
2368-well as major decisions in matters of policy, management
2369-and operations. Control shall be exemplified by possessing
2370-the requisite knowledge and expertise to run the
2371-particular business and control shall not include simple
2372-majority or absentee ownership.
2373-(10) "Business" means a business that has annual gross
2374-sales of less than $150,000,000 as evidenced by the
2375-federal income tax return of the business. A certified
2376-vendor firm with gross sales in excess of this cap may
2377-apply to the Council for certification for a particular
2378-contract if the vendor firm can demonstrate that the
2379-contract would have significant impact on businesses owned
2380-by minorities, women, or persons with disabilities as
2381-suppliers or subcontractors or in employment of
2382-minorities, women, or persons with disabilities. Firms
2383-with gross sales in excess of this cap that are granted
2384-certification by the Council shall be granted
2385-certification for the life of the contract, including
2386-available renewals.
2387-(11) "Utilization plan" means an attachment that is
2388-made to a form and additional documentations included in
2389-all bids or proposals and that demonstrates the bidder's
2390-
2391-
2392-or offeror's efforts to meet the contract-specific
2393-Business Enterprise Program goal. The utilization plan
2394-shall indicate whether the prime vendor intends to meet
2395-the Business Enterprise Program goal through its own
2396-performance, if it is a certified vendor, or through the
2397-use of subcontractors that are certified vendors a
2398-vendor's proposed utilization of vendors certified by the
2399-Business Enterprise Program to meet the targeted goal. The
2400-utilization plan shall demonstrate that the Vendor has
2401-either: (1) met the entire contract goal or (2) requested
2402-a full or partial waiver of the contract goal. If the prime
2403-vendor intends to use a subcontractor that is a certified
2404-vendor to fulfill the contract goal, a participation
2405-agreement executed between the prime vendor and the
2406-certified subcontractor must be included with the
2407-utilization plan and made good faith efforts towards
2408-meeting the goal.
2409-(12) "Business Enterprise Program" means the Business
2410-Enterprise Program of the Commission on Equity and
2411-Inclusion.
2412-(13) "Good faith effort" means actions undertaken by a
2413-vendor to achieve a contract specific Business Enterprise
2414-Program goal that, by scope, intensity, and
2415-appropriateness to the objective, can reasonably be
2416-expected to fulfill the program's requirements.
2417-(B) When a business is owned at least 51% by any
2418-
2419-
2420-combination of minority persons, women, or persons with
2421-disabilities, even though none of the 3 classes alone holds at
2422-least a 51% interest, the ownership requirement for purposes
2423-of this Act is considered to be met. The certification
2424-category for the business is that of the class holding the
2425-largest ownership interest in the business. If 2 or more
2426-classes have equal ownership interests, the certification
2427-category shall be determined by the business.
2428-(Source: P.A. 101-601, eff. 1-1-20; 101-657, eff. 1-1-22;
2429-102-29, eff. 6-25-21; 102-1119, eff. 1-23-23.)
2430-(30 ILCS 575/7) (from Ch. 127, par. 132.607)
2431-(Section scheduled to be repealed on June 30, 2024)
2432-Sec. 7. Exemptions; waivers; publication of data.
2433-(1) Individual contract exemptions. The Council, at the
2434-written request of the affected agency, public institution of
2435-higher education, or recipient of a grant or loan of State
2436-funds of $250,000 or more complying with Section 45 of the
2437-State Finance Act, may permit an individual contract or
2438-contract package, (related contracts being bid or awarded
2439-simultaneously for the same project or improvements) be made
2440-wholly or partially exempt from State contracting goals for
2441-businesses owned by minorities, women, and persons with
2442-disabilities prior to the advertisement for bids or
2443-solicitation of proposals whenever there has been a
2444-determination, reduced to writing and based on the best
2445-
2446-
2447-information available at the time of the determination, that
2448-there is an insufficient number of businesses owned by
2449-minorities, women, and persons with disabilities to ensure
2450-adequate competition and an expectation of reasonable prices
2451-on bids or proposals solicited for the individual contract or
2452-contract package in question. Any such exemptions shall be
2453-given by the Council to the Bureau on Apprenticeship Programs
2454-and Clean Energy Jobs.
2455-(a) Written request for contract exemption. A written
2456-request for an individual contract exemption must include,
2457-but is not limited to, the following:
2458-(i) a list of eligible businesses owned by
2459-minorities, women, and persons with disabilities;
2460-(ii) a clear demonstration that the number of
2461-eligible businesses identified in subparagraph (i)
2462-above is insufficient to ensure adequate competition;
2463-(iii) the difference in cost between the contract
2464-proposals being offered by businesses owned by
2465-minorities, women, and persons with disabilities and
2466-the agency or public institution of higher education's
2467-expectations of reasonable prices on bids or proposals
2468-within that class; and
2469-(iv) a list of eligible businesses owned by
2470-minorities, women, and persons with disabilities that
2471-the contractor has used in the current and prior
2472-fiscal years.
2473-
2474-
2475-(b) Determination. The Council's determination
2476-concerning an individual contract exemption must consider,
2477-at a minimum, the following:
2478-(i) the justification for the requested exemption,
2479-including whether diligent efforts were undertaken to
2480-identify and solicit eligible businesses owned by
2481-minorities, women, and persons with disabilities;
2482-(ii) the total number of exemptions granted to the
2483-affected agency, public institution of higher
2484-education, or recipient of a grant or loan of State
2485-funds of $250,000 or more complying with Section 45 of
2486-the State Finance Act that have been granted by the
2487-Council in the current and prior fiscal years; and
2488-(iii) the percentage of contracts awarded by the
2489-agency or public institution of higher education to
2490-eligible businesses owned by minorities, women, and
2491-persons with disabilities in the current and prior
2492-fiscal years.
2493-(2) Class exemptions.
2494-(a) Creation. The Council, at the written request of
2495-the affected agency or public institution of higher
2496-education, may permit an entire class of contracts be made
2497-exempt from State contracting goals for businesses owned
2498-by minorities, women, and persons with disabilities
2499-whenever there has been a determination, reduced to
2500-writing and based on the best information available at the
2501-
2502-
2503-time of the determination, that there is an insufficient
2504-number of qualified businesses owned by minorities, women,
2505-and persons with disabilities to ensure adequate
2506-competition and an expectation of reasonable prices on
2507-bids or proposals within that class. Any such exemption
2508-shall be given by the Council to the Bureau on
2509-Apprenticeship Programs and Clean Energy Jobs.
2510-(a-1) Written request for class exemption. A written
2511-request for a class exemption must include, but is not
2512-limited to, the following:
2513-(i) a list of eligible businesses owned by
2514-minorities, women, and persons with disabilities;
2515-(ii) a clear demonstration that the number of
2516-eligible businesses identified in subparagraph (i)
2517-above is insufficient to ensure adequate competition;
2518-(iii) the difference in cost between the contract
2519-proposals being offered by eligible businesses owned
2520-by minorities, women, and persons with disabilities
2521-and the agency or public institution of higher
2522-education's expectations of reasonable prices on bids
2523-or proposals within that class; and
2524-(iv) the number of class exemptions the affected
2525-agency or public institution of higher education
2526-requested in the current and prior fiscal years.
2527-(a-2) Determination. The Council's determination
2528-concerning class exemptions must consider, at a minimum,
2529-
2530-
2531-the following:
2532-(i) the justification for the requested exemption,
2533-including whether diligent efforts were undertaken to
2534-identify and solicit eligible businesses owned by
2535-minorities, women, and persons with disabilities;
2536-(ii) the total number of class exemptions granted
2537-to the requesting agency or public institution of
2538-higher education that have been granted by the Council
2539-in the current and prior fiscal years; and
2540-(iii) the percentage of contracts awarded by the
2541-agency or public institution of higher education to
2542-eligible businesses owned by minorities, women, and
2543-persons with disabilities the current and prior fiscal
2544-years.
2545-(b) Limitation. Any such class exemption shall not be
2546-permitted for a period of more than one year at a time.
2547-(3) Waivers. Where a particular contract requires a vendor
2548-contractor to meet a goal established pursuant to this Act,
2549-the vendor contractor shall have the right to request a waiver
2550-from such requirements prior to the contract award. The
2551-Business Enterprise Program shall evaluate a vendor's request
2552-for a waiver based on the vendor's documented good faith
2553-efforts to meet the contract-specific Business Enterprise
2554-Program goal. The Council shall grant the waiver when the
2555-contractor demonstrates that there has been made a good faith
2556-effort to comply with the goals for participation by
2557-
2558-
2559-businesses owned by minorities, women, and persons with
2560-disabilities. Any such waiver shall also be transmitted in
2561-writing to the Bureau on Apprenticeship Programs and Clean
2562-Energy Jobs.
2563-(a) Request for waiver. A vendor's contractor's
2564-request for a waiver under this subsection (3) must
2565-include, but is not limited to, the following, if
2566-available:
2567-(i) a list of eligible businesses owned by
2568-minorities, women, and persons with disabilities that
2569-pertain to the the class of contracts in the requested
2570-waiver that were contacted by the vendor scope of work
2571-of the contract. Eligible businesses are only eligible
2572-if the business is certified for the products or work
2573-advertised in the solicitation or bid;
2574-(ii) (blank);
2575-(iia) a clear demonstration that the vendor
2576-contractor selected portions of the work to be
2577-performed by certified vendors to facilitate meeting
2578-the contract specific goal, and that certified vendors
2579-that have the capability to perform the work of the
2580-contract were eligible businesses owned by minorities,
2581-women, and persons with disabilities, solicited
2582-through all reasonable and available means eligible
2583-businesses, and negotiated in good faith with
2584-interested eligible businesses;
2585-
2586-
2587-(iib) documentation demonstrating that certified
2588-vendors businesses owned by minorities, women, and
2589-persons with disabilities are not rejected as being
2590-unqualified without sound reasons based on a thorough
2591-investigation of their capabilities. The certified
2592-vendor's standing within its industry, membership in
2593-specific groups, organizations, or associations, and
2594-political or social affiliations are not legitimate
2595-causes for rejecting or not contacting or negotiating
2596-with a certified vendor;
2597-(iic) proof that the prime vendor solicited
2598-eligible certified vendors with: (1) sufficient time
2599-to respond; (2) adequate information about the scope,
2600-specifications, and requirements of the solicitation
2601-or bid, including plans, drawings, and addenda, to
2602-allow eligible businesses an opportunity to respond to
2603-the solicitation or bid; and (3) sufficient follow up
2604-with certified vendors;
2605-(iid) a clear demonstration that the prime vendor
2606-communicated with certified vendors;
2607-(iie) evidence that the prime vendor negotiated
2608-with certified vendors to enter into subcontracts to
2609-provide a commercially useful function of the contract
2610-for a reasonable cost;
2611-(iii) documentation demonstrating that the
2612-difference in cost between the contract proposals
2613-
2614-
2615-being offered by certified vendors is contract
2616-proposals being offered by businesses owned by
2617-minorities, women, and persons with disabilities are
2618-excessive or unreasonable; and
2619-(iv) a list of certified vendors businesses owned
2620-by minorities, women, and persons with disabilities
2621-that the contractor has used in the current and prior
2622-fiscal years; .
2623-(v) documentation demonstrating that the vendor
2624-made efforts to utilize certified vendors despite the
2625-ability or desire of a vendor to perform the work with
2626-its own operations by selecting portions of the work
2627-to be performed by certified vendors, which may, when
2628-appropriate, include breaking out portions of the work
2629-to be performed into economically feasible units to
2630-facilitate certified vendor participation; and
2631-(vi) documentation that the vendor used the
2632-services of: (1) the State; (2) organizations or
2633-contractors' groups representing or composed of
2634-minorities, women, or persons with disabilities; (3)
2635-local, State, or federal assistance offices
2636-representing or assisting minorities, women, or
2637-persons with disabilities; and (4) other organizations
2638-that provide assistance in the recruitment and
2639-engagement of certified vendors.
2640-If any of the information required under this
2641-
2642-
2643-subdivision (a) is not available to the vendor, despite
2644-the vendor's good faith efforts to obtain the information,
2645-the vendor's request for a waiver must contain a written
2646-explanation of why that information is not included.
2647-(b) Determination. The Council's determination
2648-concerning waivers must include following:
2649-(i) the justification for the requested waiver,
2650-including whether the requesting vendor contractor
2651-made a good faith effort to identify and solicit
2652-certified vendors based on the criteria set forth in
2653-this Section eligible businesses owned by minorities,
2654-women, and persons with disabilities;
2655-(ii) the total number of waivers the vendor
2656-contractor has been granted by the Council in the
2657-current and prior fiscal years;
2658-(iii) (blank); and
2659-(iv) the vendor's contractor's use of businesses
2660-owned by minorities, women, and persons with
2661-disabilities in the current and prior fiscal years.
2662-(3.5) (Blank).
2663-(4) Conflict with other laws. In the event that any State
2664-contract, which otherwise would be subject to the provisions
2665-of this Act, is or becomes subject to federal laws or
2666-regulations which conflict with the provisions of this Act or
2667-actions of the State taken pursuant hereto, the provisions of
2668-the federal laws or regulations shall apply and the contract
2669-
2670-
2671-shall be interpreted and enforced accordingly.
2672-(5) Each chief procurement officer, as defined in the
2673-Illinois Procurement Code, shall maintain on his or her
2674-official Internet website a database of the following: (i)
2675-waivers granted under this Section with respect to contracts
2676-under his or her jurisdiction; (ii) a State agency or public
2677-institution of higher education's written request for an
2678-exemption of an individual contract or an entire class of
2679-contracts; and (iii) the Council's written determination
2680-granting or denying a request for an exemption of an
2681-individual contract or an entire class of contracts. The
2682-database, which shall be updated periodically as necessary,
2683-shall be searchable by contractor name and by contracting
2684-State agency.
2685-(6) Each chief procurement officer, as defined by the
2686-Illinois Procurement Code, shall maintain on its website a
2687-list of all vendors firms that have been prohibited from
2688-bidding, offering, or entering into a contract with the State
2689-of Illinois as a result of violations of this Act.
2690-Each public notice required by law of the award of a State
2691-contract shall include for each bid or offer submitted for
2692-that contract the following: (i) the bidder's or offeror's
2693-name, (ii) the bid amount, (iii) the name or names of the
2694-certified vendors firms identified in the bidder's or
2695-offeror's submitted utilization plan, and (iv) the bid's
2696-amount and percentage of the contract awarded to each
2697-
2698-
2699-certified vendor that is a business businesses owned by
2700-minorities, women, and persons with disabilities identified in
2701-the utilization plan.
2702-(Source: P.A. 101-170, eff. 1-1-20; 101-601, eff. 1-1-20;
2703-101-657, eff. 1-1-22; 102-29, eff. 6-25-21; 102-662, eff.
2704-9-15-21.)
2705-ARTICLE 75. PUBLIC INSTITUTIONS OF HIGHER EDUCATION
2706-Section 75-5. The Illinois Procurement Code is amended by
2707-changing Section 1-13 as follows:
2708-(30 ILCS 500/1-13)
2709-Sec. 1-13. Applicability to public institutions of higher
2710-education.
2711-(a) This Code shall apply to public institutions of higher
2712-education, regardless of the source of the funds with which
2713-contracts are paid, except as provided in this Section.
2714-(b) Except as provided in this Section, this Code shall
2715-not apply to procurements made by or on behalf of public
2716-institutions of higher education for any of the following:
2717-(1) Memberships in professional, academic, research,
2718-or athletic organizations on behalf of a public
2719-institution of higher education, an employee of a public
2720-institution of higher education, or a student at a public
2721-institution of higher education.
2722-
2723-
2724-(2) Procurement expenditures for events or activities
2725-paid for exclusively by revenues generated by the event or
2726-activity, gifts or donations for the event or activity,
2727-private grants, or any combination thereof.
2728-(3) Procurement expenditures for events or activities
2729-for which the use of specific potential contractors is
2730-mandated or identified by the sponsor of the event or
2731-activity, provided that the sponsor is providing a
2732-majority of the funding for the event or activity.
2733-(4) Procurement expenditures necessary to provide
2734-athletic, artistic or musical services, performances,
2735-events, or productions by or for a public institution of
2736-higher education.
2737-(5) Procurement expenditures for periodicals, books,
2738-subscriptions, database licenses, and other publications
2739-procured for use by a university library or academic
2740-department, except for expenditures related to procuring
2741-textbooks for student use or materials for resale or
2742-rental.
2743-(6) Procurement expenditures for placement of students
2744-in externships, practicums, field experiences, and for
2745-medical residencies and rotations.
2746-(7) Contracts for programming and broadcast license
2747-rights for university-operated radio and television
2748-stations.
2749-(8) Procurement expenditures necessary to perform
2750-
2751-
2752-sponsored research and other sponsored activities under
2753-grants and contracts funded by the sponsor or by sources
2754-other than State appropriations.
2755-(9) Contracts with a foreign entity for research or
2756-educational activities, provided that the foreign entity
2757-either does not maintain an office in the United States or
2758-is the sole source of the service or product.
2759-(10) Procurement expenditures for any ongoing software
2760-license or maintenance agreement or competitively
2761-solicited software purchase, when the software, license,
2762-or maintenance agreement is available through only the
2763-software creator or its manufacturer and not a reseller.
2764-(11) Procurement expenditures incurred outside of the
2765-United States for the recruitment of international
2766-students.
2767-(12) Procurement expenditures for contracts entered
2768-into under the Public University Energy Conservation Act.
2769-(13) Procurement expenditures for advertising
2770-purchased directly from a media station or the owner of
2771-the station for distribution of advertising.
2772-Notice of each contract with an annual value of more than
2773-$100,000 entered into by a public institution of higher
2774-education that is related to the procurement of goods and
2775-services identified in items (1) through (13) (11) of this
2776-subsection shall be published in the Procurement Bulletin
2777-within 14 calendar days after contract execution. The Chief
2778-
2779-
2780-Procurement Officer shall prescribe the form and content of
2781-the notice. Each public institution of higher education shall
2782-provide the Chief Procurement Officer, on a monthly basis, in
2783-the form and content prescribed by the Chief Procurement
2784-Officer, a report of contracts that are related to the
2785-procurement of goods and services identified in this
2786-subsection. At a minimum, this report shall include the name
2787-of the contractor, a description of the supply or service
2788-provided, the total amount of the contract, the term of the
2789-contract, and the exception to the Code utilized. A copy of any
2790-or all of these contracts shall be made available to the Chief
2791-Procurement Officer immediately upon request. The Chief
2792-Procurement Officer shall submit a report to the Governor and
2793-General Assembly no later than November 1 of each year that
2794-shall include, at a minimum, an annual summary of the monthly
2795-information reported to the Chief Procurement Officer.
2796-(b-5) Except as provided in this subsection, the
2797-provisions of this Code shall not apply to contracts for
2798-medical supplies or to contracts for medical services
2799-necessary for the delivery of care and treatment at medical,
2800-dental, or veterinary teaching facilities used by Southern
2801-Illinois University or the University of Illinois or at any
2802-university-operated health care center or dispensary that
2803-provides care, treatment, and medications for students,
2804-faculty, and staff. Furthermore, the provisions of this Code
2805-do not apply to the procurement by such a facility of any
2806-
2807-
2808-additional supplies or services that the operator of the
2809-facility deems necessary for the effective use and functioning
2810-of the medical supplies or services that are otherwise exempt
2811-from this Code under this subsection (b-5). However, other
2812-supplies and services needed for these teaching facilities
2813-shall be subject to the jurisdiction of the Chief Procurement
2814-Officer for Public Institutions of Higher Education who may
2815-establish expedited procurement procedures and may waive or
2816-modify certification, contract, hearing, process and
2817-registration requirements required by the Code. All
2818-procurements made under this subsection shall be documented
2819-and may require publication in the Illinois Procurement
2820-Bulletin.
2821-(b-10) Procurements made by or on behalf of the University
2822-of Illinois for investment services may be entered into or
2823-renewed without being subject to the requirements of this
2824-Code. Notice of intent to renew a contract shall be published
2825-in the Illinois Public Higher Education Procurement Bulletin
2826-at least 14 days prior to the execution of a renewal, and the
2827-University of Illinois shall hold a public hearing for
2828-interested parties to provide public comment. Any contract
2829-extended, renewed, or entered pursuant to this exception shall
2830-be published in the Illinois Public Higher Education
2831-Procurement Bulletin within 5 days of contract execution.
2832-(c) Procurements made by or on behalf of public
2833-institutions of higher education for the fulfillment of a
2834-
2835-
2836-grant shall be made in accordance with the requirements of
2837-this Code to the extent practical.
2838-Upon the written request of a public institution of higher
2839-education, the Chief Procurement Officer may waive contract,
2840-registration, certification, and hearing requirements of this
2841-Code if, based on the item to be procured or the terms of a
2842-grant, compliance is impractical. The public institution of
2843-higher education shall provide the Chief Procurement Officer
2844-with specific reasons for the waiver, including the necessity
2845-of contracting with a particular potential contractor, and
2846-shall certify that an effort was made in good faith to comply
2847-with the provisions of this Code. The Chief Procurement
2848-Officer shall provide written justification for any waivers.
2849-By November 1 of each year, the Chief Procurement Officer
2850-shall file a report with the General Assembly identifying each
2851-contract approved with waivers and providing the justification
2852-given for any waivers for each of those contracts. Notice of
2853-each waiver made under this subsection shall be published in
2854-the Procurement Bulletin within 14 calendar days after
2855-contract execution. The Chief Procurement Officer shall
2856-prescribe the form and content of the notice.
2857-(d) Notwithstanding this Section, a waiver of the
2858-registration requirements of Section 20-160 does not permit a
2859-business entity and any affiliated entities or affiliated
2860-persons to make campaign contributions if otherwise prohibited
2861-by Section 50-37. The total amount of contracts awarded in
2862-
2863-
2864-accordance with this Section shall be included in determining
2865-the aggregate amount of contracts or pending bids of a
2866-business entity and any affiliated entities or affiliated
2867-persons.
2868-(e) Notwithstanding subsection (e) of Section 50-10.5 of
2869-this Code, the Chief Procurement Officer, with the approval of
2870-the Executive Ethics Commission, may permit a public
2871-institution of higher education to accept a bid or enter into a
2872-contract with a business that assisted the public institution
2873-of higher education in determining whether there is a need for
2874-a contract or assisted in reviewing, drafting, or preparing
2875-documents related to a bid or contract, provided that the bid
2876-or contract is essential to research administered by the
2877-public institution of higher education and it is in the best
2878-interest of the public institution of higher education to
2879-accept the bid or contract. For purposes of this subsection,
2880-"business" includes all individuals with whom a business is
2881-affiliated, including, but not limited to, any officer, agent,
2882-employee, consultant, independent contractor, director,
2883-partner, manager, or shareholder of a business. The Executive
2884-Ethics Commission may promulgate rules and regulations for the
2885-implementation and administration of the provisions of this
2886-subsection (e).
2887-(f) As used in this Section:
2888-"Grant" means non-appropriated funding provided by a
2889-federal or private entity to support a project or program
2890-
2891-
2892-administered by a public institution of higher education and
2893-any non-appropriated funding provided to a sub-recipient of
2894-the grant.
2895-"Public institution of higher education" means Chicago
2896-State University, Eastern Illinois University, Governors State
2897-University, Illinois State University, Northeastern Illinois
2898-University, Northern Illinois University, Southern Illinois
2899-University, University of Illinois, Western Illinois
2900-University, and, for purposes of this Code only, the Illinois
2901-Mathematics and Science Academy.
2902-(g) (Blank).
2903-(h) The General Assembly finds and declares that:
2904-(1) Public Act 98-1076, which took effect on January
2905-1, 2015, changed the repeal date set for this Section from
2906-December 31, 2014 to December 31, 2016.
2907-(2) The Statute on Statutes sets forth general rules
2908-on the repeal of statutes and the construction of multiple
2909-amendments, but Section 1 of that Act also states that
2910-these rules will not be observed when the result would be
2911-"inconsistent with the manifest intent of the General
2912-Assembly or repugnant to the context of the statute".
2913-(3) This amendatory Act of the 100th General Assembly
2914-manifests the intention of the General Assembly to remove
2915-the repeal of this Section.
2916-(4) This Section was originally enacted to protect,
2917-promote, and preserve the general welfare. Any
2918-
2919-
2920-construction of this Section that results in the repeal of
2921-this Section on December 31, 2014 would be inconsistent
2922-with the manifest intent of the General Assembly and
2923-repugnant to the context of this Code.
2924-It is hereby declared to have been the intent of the
2925-General Assembly that this Section not be subject to repeal on
2926-December 31, 2014.
2927-This Section shall be deemed to have been in continuous
2928-effect since December 20, 2011 (the effective date of Public
2929-Act 97-643), and it shall continue to be in effect
2930-henceforward until it is otherwise lawfully repealed. All
2931-previously enacted amendments to this Section taking effect on
2932-or after December 31, 2014, are hereby validated.
2933-All actions taken in reliance on or pursuant to this
2934-Section by any public institution of higher education, person,
2935-or entity are hereby validated.
2936-In order to ensure the continuing effectiveness of this
2937-Section, it is set forth in full and re-enacted by this
2938-amendatory Act of the 100th General Assembly. This
2939-re-enactment is intended as a continuation of this Section. It
2940-is not intended to supersede any amendment to this Section
2941-that is enacted by the 100th General Assembly.
2942-In this amendatory Act of the 100th General Assembly, the
2943-base text of the reenacted Section is set forth as amended by
2944-Public Act 98-1076. Striking and underscoring is used only to
2945-show changes being made to the base text.
2946-
2947-
2948-This Section applies to all procurements made on or before
2949-the effective date of this amendatory Act of the 100th General
2950-Assembly.
2951-(Source: P.A. 101-640, eff. 6-12-20; 102-16, eff. 6-17-21;
2952-102-721, eff. 5-6-22; 102-1119, eff. 1-23-23.)
2953-ARTICLE 80. STATE FAIRGROUNDS
2954-Section 80-5. The State Fair Act is amended by adding
2955-Section 7.1 as follows:
2956-(20 ILCS 210/7.1 new)
2957-Sec. 7.1. Procurement for artistic or musical services,
2958-performances, events, or productions on the State Fairgrounds.
2959-(a) Procurement expenditures necessary to provide artistic
2960-or musical services, performances, events, or productions
2961-under this Act at the State Fairgrounds in Springfield and
2962-DuQuoin are exempt from the requirements of the Illinois
2963-Procurement Code. The expenditures may include, but are not
2964-limited to, entertainment, advertising, concessions, space
2965-rentals, sponsorships, and other services necessary to provide
2966-such events.
2967-(b) Notice of each contract with an annual value of more
2968-than $100,000 entered into by the Department that is related
2969-to the procurement of goods and services identified in this
2970-Section shall be published in the Illinois Procurement
2971-
2972-
2973-Bulletin within 30 calendar days after contract execution. The
2974-Department shall provide the chief procurement officer, on a
2975-monthly basis, a report of contracts that are related to the
2976-procurement of supplies and services identified in this
2977-Section. At a minimum, this report shall include the name of
2978-the contractor, a description of the supply or service
2979-provided, the total amount of the contract, the term of the
2980-contract, and reference to the exception in this Section. A
2981-copy of any or all of these contracts shall be made available
2982-to the chief procurement officer immediately upon request.
2983-(c) This Section is repealed on July 1, 2028.
2984-ARTICLE 85. TRANSPORTATION SUSTAINABILITY PROCUREMENT PROGRAM
2985-Section 85-5. The Transportation Sustainability
2986-Procurement Program Act is amended by changing Section 10 as
2987-follows:
2988-(30 ILCS 530/10)
2989-Sec. 10. Contracts for the procurement of freight, small
2990-package delivery, and other cargo shipping and transportation
2991-services.
2992-(a) The State's Chief Procurement Officers shall, in
2993-consultation with the Illinois Environmental Protection
2994-Agency, develop a sustainability program for the State's
2995-procurement of shipping and transportation services for
2996-
2997-
2998-freight, small package delivery, and other forms of cargo.
2999-(b) State contracts for the procurement of freight, small
3000-package delivery, and other cargo shipping and transportation
3001-services shall require providers to report, using generally
3002-accepted reporting protocols adopted by the Agency for that
3003-purpose:
3004-(1) the amount of energy the service provider consumed
3005-to provide those services to the State and the amount of
3006-associated greenhouse gas emissions, including energy use
3007-and greenhouse gases emitted as a result of the provider's
3008-use of electricity in its facilities;
3009-(2) the energy use and greenhouse gas emissions by the
3010-service provider's subcontractors in the performance of
3011-those services.
3012-(c) The State's solicitation for the procurement of
3013-freight, small package delivery, and other cargo shipping and
3014-transportation services shall be subject to the Illinois
3015-Procurement Code or the Governmental Joint Purchasing Act and
3016-shall:
3017-(1) specify how the bidder will report its energy use
3018-and associated greenhouse gas emissions under the
3019-contract; and
3020-(2) call for bidders to disclose in their responses to
3021-the solicitation:
3022-(A) measures they use to reduce vehicle engine
3023-idling;
3024-
3025-
3026-(B) their use of multi-modal transportation, such
3027-as rail, trucks, or air transport, and how the use of
3028-those types of transportation is anticipated to reduce
3029-costs for the State;
3030-(C) the extent of their use of (i) cleaner, less
3031-expensive fuels as an alternative to petroleum or (ii)
3032-more efficient vehicle propulsion systems;
3033-(D) the level of transparency of the provider's
3034-reporting under subsection (b), and what independent
3035-verification and assurance measures exist for this
3036-reporting;
3037-(E) their use of speed governors on heavy trucks;
3038-(F) their use of recyclable packaging;
3039-(G) measures of their network efficiency,
3040-including the in-vehicle use of telematics or other
3041-related technologies that provide for improved vehicle
3042-and network optimization and efficiencies;
3043-(H) their energy intensity per unit of output
3044-delivered;
3045-(I) how they will advance the environmental goals
3046-of the State; and
3047-(J) opportunities to effectively neutralize the
3048-greenhouse gas emissions reported under subsection
3049-(b).
3050-(d) In selecting providers for such services, the State,
3051-as part of a best value analysis of the responses to the
3052-
3053-
3054-State's solicitation:
3055-(1) shall give appropriate weight to the disclosures
3056-in subdivision (c)(2) of this Section;
3057-(2) shall give appropriate weight to the price and
3058-quality of the services being offered; and
3059-(3) may accept from the service provider an optional
3060-offer at a reasonable cost of carbon neutral shipping in
3061-which the provider calculates the direct and indirect
3062-greenhouse gas emissions of the provider that are
3063-specified under subsection (b) above, and obtains
3064-independently verified carbon credits to offset those
3065-emissions and then retires the carbon credits.
3066-(e) The Chief Procurement Officer identified under item
3067-(5) of Section 1-15.15 of the Illinois Procurement Code shall
3068-adopt rules to encourage all State agencies to use the least
3069-costly level of service or mode of transport (while
3070-distinguishing between express or air versus ground delivery)
3071-that can achieve on-time delivery for the product being
3072-transported and delivered.
3073-(Source: P.A. 98-348, eff. 8-14-13.)
3074-ARTICLE 90. PUBLIC-PRIVATE PARTNERSHIP FOR TRANSPORTATION ACT
3075-Section 90-5. The Public-Private Partnerships for
3076-Transportation Act is amended by changing Sections 5, 10, 15,
3077-20, 30, 35, 40, 45, 50, 55, 65, 70, 80, and 85 and by adding
3078-
3079-
3080-Section 19 as follows:
3081-(630 ILCS 5/5)
3082-Sec. 5. Public policy and legislative intent.
3083-(a) It is the public policy of the State of Illinois to
3084-promote the design, development, construction, financing, and
3085-operation of transportation facilities that serve the needs of
3086-the public.
3087-(b) Existing methods of procurement and financing of
3088-transportation facilities by responsible public entities
3089-transportation agencies impose limitations on the methods by
3090-which transportation facilities may be developed and operated
3091-within the State.
3092-(c) Authorizing responsible public entities transportation
3093-agencies to enter into public-private partnerships, whereby
3094-private entities may develop, operate, and finance
3095-transportation facilities, has the potential to promote the
3096-development of transportation facilities in the State as well
3097-as investment in the State.
3098-(d) It is the intent of this Act to promote public-private
3099-partnerships for transportation by authorizing responsible
3100-public entities transportation agencies to enter into
3101-public-private agreements related to the design, development,
3102-construction, operation, and financing of transportation
3103-facilities.
3104-(e) It is the intent of this Act to encourage the practice
3105-
3106-
3107-of congestion pricing in connection with toll highways,
3108-pursuant to which higher toll rates are charged during times
3109-or in locations of most congestion.
3110-(f) It is the intent of this Act to use Illinois design
3111-professionals, construction companies, and workers to the
3112-greatest extent possible by offering them the right to compete
3113-for this work.
3114-(Source: P.A. 97-502, eff. 8-23-11.)
3115-(630 ILCS 5/10)
3116-Sec. 10. Definitions. As used in this Act:
3117-"Approved proposal" means the proposal that is approved by
3118-the responsible public entity transportation agency pursuant
3119-to subsection (j) of Section 20 of this Act.
3120-"Approved proposer" means the private entity whose
3121-proposal is the approved proposal.
3122-"Authority" means the Illinois State Toll Highway
3123-Authority.
3124-"Contractor" means a private entity that has entered into
3125-a public-private agreement with the responsible public entity
3126-transportation agency to provide services to or on behalf of
3127-the responsible public entity transportation agency.
3128-"Department" means the Illinois Department of
3129-Transportation.
3130-"Design-build agreement" means the agreement between the
3131-selected private entity and the responsible public entity
3132-
3133-
3134-transportation agency under which the selected private entity
3135-agrees to furnish design, construction, and related services
3136-for a transportation facility under this Act.
3137-"Develop" or "development" means to do one or more of the
3138-following: plan, design, develop, lease, acquire, install,
3139-construct, reconstruct, rehabilitate, extend, or expand.
3140-"Maintain" or "maintenance" includes ordinary maintenance,
3141-repair, rehabilitation, capital maintenance, maintenance
3142-replacement, and any other categories of maintenance that may
3143-be designated by the responsible public entity transportation
3144-agency.
3145-"Metropolitan planning organization" means a metropolitan
3146-planning organization designated under 23 U.S.C. Section 134
3147-whose metropolitan planning area boundaries are partially or
3148-completely within the State.
3149-"Operate" or "operation" means to do one or more of the
3150-following: maintain, improve, equip, modify, or otherwise
3151-operate.
3152-"Private entity" means any combination of one or more
3153-individuals, corporations, general partnerships, limited
3154-liability companies, limited partnerships, joint ventures,
3155-business trusts, nonprofit entities, or other business
3156-entities that are parties to a proposal for a transportation
3157-project or an agreement related to a transportation project. A
3158-public agency may provide services to a contractor as a
3159-subcontractor or subconsultant without affecting the private
3160-
3161-
3162-status of the private entity and the ability to enter into a
3163-public-private agreement. A transportation agency is not a
3164-private entity.
3165-"Proposal" means all materials and documents prepared by
3166-or on behalf of a private entity relating to the proposed
3167-development, financing, or operation of a transportation
3168-facility as a transportation project.
3169-"Proposer" means a private entity that has submitted an
3170-unsolicited proposal for a public-private agreement to a
3171-responsible public entity under this Act or a proposal or
3172-statement of qualifications for a public-private agreement in
3173-response to a request for proposals or a request for
3174-qualifications issued by a responsible public entity
3175-transportation agency under this Act.
3176-"Public-private agreement" means the public-private
3177-agreement between the contractor and the responsible public
3178-entity transportation agency relating to one or more of the
3179-development, financing, or operation of a transportation
3180-project that is entered into under this Act.
3181-"Request for information" means all materials and
3182-documents prepared by or on behalf of the responsible public
3183-entity transportation agency to solicit information from
3184-private entities with respect to transportation projects.
3185-"Request for proposals" means all materials and documents
3186-prepared by or on behalf of the responsible public entity
3187-transportation agency to solicit proposals from private
3188-
3189-
3190-entities to enter into a public-private agreement.
3191-"Request for qualifications" means all materials and
3192-documents prepared by or on behalf of the responsible public
3193-entity transportation agency to solicit statements of
3194-qualification from private entities to enter into a
3195-public-private agreement.
3196-"Responsible public entity" means the Department of
3197-Transportation, the Illinois State Toll Highway Authority.
3198-"Revenues" means all revenues, including any combination
3199-of: income; earnings and interest; user fees; lease payments;
3200-allocations; federal, State, and local appropriations, grants,
3201-loans, lines of credit, and credit guarantees; bond proceeds;
3202-equity investments; service payments; or other receipts;
3203-arising out of or in connection with a transportation project,
3204-including the development, financing, and operation of a
3205-transportation project. The term includes money received as
3206-grants, loans, lines of credit, credit guarantees, or
3207-otherwise in aid of a transportation project from the federal
3208-government, the State, a unit of local government, or any
3209-agency or instrumentality of the federal government, the
3210-State, or a unit of local government.
3211-"Shortlist" means the process by which a responsible
3212-public entity transportation agency will review, evaluate, and
3213-rank statements of qualifications submitted in response to a
3214-request for qualifications and then identify the proposers who
3215-are eligible to submit a detailed proposal in response to a
3216-
3217-
3218-request for proposals. The identified proposers constitute the
3219-shortlist for the transportation project to which the request
3220-for proposals relates.
3221-"Transportation agency" means (i) the Department or (ii)
3222-the Authority.
3223-"Transportation facility" means any new or existing road,
3224-highway, toll highway, bridge, tunnel, intermodal facility,
3225-intercity or high-speed passenger rail, or other
3226-transportation facility or infrastructure, excluding airports,
3227-under the jurisdiction of a responsible public entity the
3228-Department or the Authority, except those facilities for the
3229-Illiana Expressway. The term "transportation facility" may
3230-refer to one or more transportation facilities that are
3231-proposed to be developed or operated as part of a single
3232-transportation project.
3233-"Transportation project" or "project" means any or the
3234-combination of the design, development, construction,
3235-financing, or operation with respect to all or a portion of any
3236-transportation facility under the jurisdiction of the
3237-responsible public entity transportation agency, except those
3238-facilities for the Illiana Expressway, undertaken pursuant to
3239-this Act.
3240-"Unit of local government" has the meaning ascribed to
3241-that term in Article VII, Section 1 of the Constitution of the
3242-State of Illinois and also means any unit designated as a
3243-municipal corporation.
3244-
3245-
3246-"Unsolicited proposal" means a written proposal that is
3247-submitted to a responsible public entity on the initiative of
3248-the private sector entity or entities for the purpose of
3249-developing a partnership, and that is not in response to a
3250-formal or informal request issued by a responsible public
3251-entity.
3252-"User fees" or "tolls" means the rates, tolls, fees, or
3253-other charges imposed by the contractor for use of all or a
3254-portion of a transportation project under a public-private
3255-agreement.
3256-(Source: P.A. 97-502, eff. 8-23-11; 97-858, eff. 7-27-12.)
3257-(630 ILCS 5/15)
3258-Sec. 15. Formation of public-private agreements; project
3259-planning.
3260-(a) Each responsible public entity transportation agency
3261-may exercise the powers granted by this Act to do some or all
3262-to design, develop, construct, finance, and operate any part
3263-of one or more transportation projects through public-private
3264-agreements with one or more private entities, except for
3265-transportation projects for the Illiana Expressway as defined
3266-in the Public Private Agreements for the Illiana Expressway
3267-Act. The net proceeds, if any, arising out of a transportation
3268-project or public-private agreement undertaken by the
3269-Department pursuant to this Act shall be deposited into the
3270-Public-Private Partnerships for Transportation Fund. The net
3271-
3272-
3273-proceeds arising out of a transportation project or
3274-public-private agreement undertaken by the Authority pursuant
3275-to this Act shall be deposited into the Illinois State Toll
3276-Highway Authority Fund and shall be used only as authorized by
3277-Section 23 of the Toll Highway Act.
3278-(b) The Authority shall not enter into a public-private
3279-agreement involving a lease or other transfer of any toll
3280-highway, or portions thereof, under the Authority's
3281-jurisdiction which were open to vehicular traffic on the
3282-effective date of this Act. The Authority shall not enter into
3283-a public-private agreement for the purpose of making roadway
3284-improvements, including but not limited to reconstruction,
3285-adding lanes, and adding ramps, to any toll highway, or
3286-portions thereof, under the Authority's jurisdiction which
3287-were open to vehicular traffic on the effective date of this
3288-Act. The Authority shall not use any revenue generated by any
3289-toll highway, or portions thereof, under the Authority's
3290-jurisdiction which were open to vehicular traffic on the
3291-effective date of this Act to enter into or provide funding for
3292-a public-private agreement. The Authority shall not use any
3293-asset, or the proceeds from the sale or lease of any such
3294-asset, which was owned by the Authority on the effective date
3295-of this Act to enter into or provide funding for a
3296-public-private agreement. The Authority may enter into a
3297-public-private partnership to design, develop, construct,
3298-finance, and operate new toll highways authorized by the
3299-
3300-
3301-Governor and the General Assembly pursuant to Section 14.1 of
3302-the Toll Highway Act, non-highway transportation projects on
3303-the toll highway system such as commuter rail or high-speed
3304-rail lines, and intelligent transportation infrastructure that
3305-will enhance the safety, efficiency, and environmental quality
3306-of the toll highway system. The Authority may operate or
3307-provide operational services such as toll collection on
3308-highways which are developed or financed, or both, through a
3309-public-private agreement entered into by another public
3310-entity, under an agreement with the public entity or
3311-contractor responsible for the transportation project.
3312-(c) A contractor has:
3313-(1) all powers allowed by law generally to a private
3314-entity having the same form of organization as the
3315-contractor; and
3316-(2) the power to develop, finance, and operate the
3317-transportation facility and to impose user fees in
3318-connection with the use of the transportation facility,
3319-subject to the terms of the public-private agreement.
3320-No tolls or user fees may be imposed by the contractor
3321-except as set forth in a public-private agreement.
3322-(d) Each year, at least 30 days prior to the beginning of
3323-the transportation agency's fiscal year, and at other times
3324-the transportation agency deems necessary, the Department and
3325-the Authority shall submit for review to the General Assembly
3326-a description of potential projects that the transportation
3327-
3328-
3329-agency is considering undertaking under this Act. Any
3330-submission from the Authority shall indicate which of its
3331-potential projects, if any, will involve the proposer
3332-operating the transportation facility for a period of one year
3333-or more. Prior to commencing the procurement process under an
3334-unsolicited proposal or the issuance of any request for
3335-qualifications or request for proposals with respect to any
3336-potential project undertaken by a responsible public entity
3337-the Department or the Authority pursuant to Section 19 or 20 of
3338-this Act, the commencement of a procurement process for that
3339-particular potential project shall be authorized by joint
3340-resolution of the General Assembly.
3341-(e) (Blank). Each year, at least 30 days prior to the
3342-beginning of the transportation agency's fiscal year, the
3343-transportation agency shall submit a description of potential
3344-projects that the transportation agency is considering
3345-undertaking under this Act to each county, municipality, and
3346-metropolitan planning organization, with respect to each
3347-project located within its boundaries.
3348-(f) Any project undertaken under this Act shall be subject
3349-to all applicable planning requirements otherwise required by
3350-law, including land use planning, regional planning,
3351-transportation planning, and environmental compliance
3352-requirements.
3353-(g) (Blank). Any new transportation facility developed as
3354-a project under this Act must be consistent with the regional
3355-
3356-
3357-plan then in existence of any metropolitan planning
3358-organization in whose boundaries the project is located.
3359-(h) The responsible public entity transportation agency
3360-shall hold one or more public hearings following within 30
3361-days of each of its submittals to the General Assembly under
3362-subsection (d) of this Section. These public hearings shall
3363-address any potential project projects that the responsible
3364-public entity transportation agency submitted to the General
3365-Assembly for review under subsection (d). The responsible
3366-public entity transportation agency shall publish a notice of
3367-the hearing or hearings at least 7 days before a hearing takes
3368-place, and shall include the following in the notice: (i) the
3369-date, time, and place of the hearing and the address of the
3370-responsible public entity transportation agency; (ii) a brief
3371-description of the potential projects that the responsible
3372-public entity transportation agency is considering
3373-undertaking; and (iii) a statement that the public may comment
3374-on the potential projects.
3375-(Source: P.A. 97-502, eff. 8-23-11; 97-858, eff. 7-27-12.)
3376-(630 ILCS 5/19 new)
3377-Sec. 19. Unsolicited proposals.
3378-(a) A responsible public entity may receive unsolicited
3379-proposals for a project and may thereafter enter into a
3380-public-private agreement with a private entity, or a
3381-consortium of private entities, for the design, construction,
3382-
3383-
3384-upgrading, operating, ownership, or financing of facilities.
3385-(b) A responsible public entity may consider, evaluate,
3386-and accept an unsolicited proposal for a public-private
3387-partnership project from a private entity if the proposal:
3388-(1) is independently developed and drafted by the
3389-proposer without responsible public entity supervision;
3390-(2) shows that the proposed project could benefit the
3391-transportation system;
3392-(3) includes a financing plan to allow the project to
3393-move forward pursuant to the applicable responsible public
3394-entity's budget and finance requirements; and
3395-(4) includes sufficient detail and information for the
3396-responsible public entity to evaluate the proposal in an
3397-objective and timely manner and permit a determination
3398-that the project would be worthwhile.
3399-(c) The unsolicited proposal shall include the following:
3400-(1) an executive summary covering the major elements
3401-of the proposal;
3402-(2) qualifications concerning the experience,
3403-expertise, technical competence, and qualifications of the
3404-private entity and of each member of its management team
3405-and of other key employees, consultants, and
3406-subcontractors, including the name, address, and
3407-professional designation;
3408-(3) a project description, including, when applicable:
3409-(A) the limits, scope, and location of the
3410-
3411-
3412-proposed project;
3413-(B) right-of-way requirements;
3414-(C) connections with other facilities and
3415-improvements to those facilities necessary if the
3416-project is developed;
3417-(D) a conceptual project design; and
3418-(E) a statement of the project's relationship to
3419-and impact upon relevant existing plans of the
3420-responsible public entity;
3421-(4) a facilities project schedule, including when
3422-applicable, estimates of:
3423-(A) dates of contract award;
3424-(B) start of construction;
3425-(C) completion of construction;
3426-(D) start of operations; and
3427-(E) major maintenance or reconstruction activities
3428-during the life of the proposed project agreement;
3429-(5) an operating plan describing the operation of the
3430-completed facility if operation of a facility is part of
3431-the proposal, describing the management structure and
3432-approach, the proposed period of operations, enforcement,
3433-emergency response, and other relevant information;
3434-(6) a finance plan describing the proposed financing
3435-of the project, identifying the source of funds to, where
3436-applicable, design, construct, maintain, and manage the
3437-project during the term of the proposed contract; and
3438-
3439-
3440-(7) the legal basis for the project and licenses and
3441-certifications; the private entity must demonstrate that
3442-it has all licenses and certificates necessary to complete
3443-the project.
3444-(d) Within 120 days after receiving an unsolicited
3445-proposal, the responsible public entity shall complete a
3446-preliminary evaluation of the unsolicited proposal and shall
3447-either:
3448-(1) if the preliminary evaluation is unfavorable,
3449-return the proposal without further action;
3450-(2) if the preliminary evaluation is favorable, notify
3451-the proposer that the responsible public entity will
3452-further evaluate the proposal; or
3453-(3) request amendments, clarification, or modification
3454-of the unsolicited proposal.
3455-(e) The procurement process for unsolicited proposals
3456-shall be as follows:
3457-(1) If the responsible public entity chooses to
3458-further evaluate an unsolicited proposal with the intent
3459-to enter into a public-private agreement for the proposed
3460-project, then the responsible public entity shall publish
3461-notice in the Illinois Procurement Bulletin or in a
3462-newspaper of general circulation covering the location of
3463-the project at least once a week for 2 weeks stating that
3464-the responsible public entity has received a proposal and
3465-will accept other proposals for the same project. The time
3466-
3467-
3468-frame within which the responsible public entity may
3469-accept other proposals shall be determined by the
3470-responsible public entity on a project-by-project basis
3471-based upon the complexity of the transportation project
3472-and the public benefit to be gained by allowing a longer or
3473-shorter period of time within which other proposals may be
3474-received; however, the time frame for allowing other
3475-proposals must be at least 21 days, but no more than 120
3476-days, after the initial date of publication.
3477-(2) A copy of the notice must be mailed to each local
3478-government directly affected by the transportation
3479-project.
3480-(3) The responsible public entity shall provide
3481-reasonably sufficient information, including the identity
3482-of its contact person, to enable other private entities to
3483-make proposals.
3484-(4) If, after no less than 120 days, no
3485-counterproposal is received, or if the counterproposals
3486-are evaluated and found to be equal to or inferior to the
3487-original unsolicited proposal, the responsible public
3488-entity may proceed to negotiate a contract with the
3489-original proposer.
3490-(5) If, after no less than 120 days, one or more
3491-counterproposals meeting unsolicited proposal standards
3492-are received, and if, in the opinion of the responsible
3493-public entity, the counterproposals are evaluated and
3494-
3495-
3496-found to be superior to the original unsolicited proposal,
3497-the responsible public entity shall proceed to determine
3498-the successful participant through a final procurement
3499-phase known as "Best and Final Offer" (BAFO). The BAFO is a
3500-process whereby a responsible public entity shall invite
3501-the original private sector party and the proponent
3502-submitting the superior counterproposal to engage in a
3503-BAFO phase. The invitation to participate in the BAFO
3504-phase will provide to each participating proposer:
3505-(A) the general concepts that were considered
3506-superior to the original proposal, while keeping
3507-proprietary information contained in the proposals
3508-confidential to the extent possible; and
3509-(B) the preestablished evaluation criteria or the
3510-"basis of award" to be used to determine the
3511-successful proponent.
3512-(6) Offers received in response to the BAFO invitation
3513-will be reviewed by the responsible public entity and
3514-scored in accordance with a preestablished criteria, or
3515-alternatively, in accordance with the basis of award
3516-provision identified through the BAFO process. The
3517-successful proponent will be the proponent offering "best
3518-value" to the responsible public entity.
3519-(7) In all cases, the basis of award will be the best
3520-value to the responsible public entity, as determined by
3521-the responsible public entity.
3522-
3523-
3524-(f) After a comprehensive evaluation and acceptance of an
3525-unsolicited proposal and any alternatives, the responsible
3526-public entity may commence negotiations with a proposer,
3527-considering:
3528-(1) the proposal has received a favorable
3529-comprehensive evaluation;
3530-(2) the proposal is not duplicative of existing
3531-infrastructure project;
3532-(3) the alternative proposal does not closely resemble
3533-a pending competitive proposal for a public-private
3534-private partnership or other procurement;
3535-(4) the proposal demonstrates a unique method,
3536-approach, or concept;
3537-(5) facts and circumstances that preclude or warrant
3538-additional competition;
3539-(6) the availability of any funds, debts, or assets
3540-that the State will contribute to the project;
3541-(7) facts and circumstances demonstrating that the
3542-project will likely have a significant adverse impact on
3543-on State bond ratings; and
3544-(8) indemnifications included in the proposal.
3545-(630 ILCS 5/20)
3546-Sec. 20. Competitive procurement Procurement process.
3547-(a) A responsible public entity may solicit proposals for
3548-a transportation project from private entities. The
3549-
3550-
3551-responsible public entity transportation agency seeking to
3552-enter into a public-private partnership with a private entity
3553-for the development, finance, and operation of a
3554-transportation facility as a transportation project shall
3555-determine and set forth the criteria for the selection
3556-process. The responsible public entity transportation agency
3557-shall use (i) a competitive sealed bidding process, (ii) a
3558-competitive sealed proposal process, or (iii) a design-build
3559-procurement process in accordance with Section 25 of this Act.
3560-Before using one of these processes the responsible public
3561-entity transportation agency may use a request for information
3562-to obtain information relating to possible public-private
3563-partnerships.
3564-(b) If a transportation project will require the
3565-performance of design work, the responsible public entity
3566-transportation agency shall use the shortlist selection
3567-process set forth in subsection (g) of this Section to
3568-evaluate and shortlist private entities based on
3569-qualifications, including but not limited to design
3570-qualifications.
3571-A request for qualifications, request for proposals, or
3572-public-private agreement awarded to a contractor for a
3573-transportation project shall require that any subsequent need
3574-for architectural, engineering, or land surveying services
3575-which arises after the submittal of the request for
3576-qualifications or request for proposals or the awarding of the
3577-
3578-
3579-public-private agreement shall be procured by the contractor
3580-using a qualifications-based selection process consisting of:
3581-(1) the publication of notice of availability of
3582-services;
3583-(2) a statement of desired qualifications;
3584-(3) an evaluation based on the desired qualifications;
3585-(4) the development of a shortlist ranking the firms
3586-in order of qualifications; and
3587-(5) negotiations with the ranked firms for a fair and
3588-reasonable fee.
3589-Compliance with the Architectural, Engineering, and Land
3590-Surveying Qualifications Based Selection Act shall be deemed
3591-prima facie compliance with this subsection (b). Every
3592-transportation project contract shall include provisions
3593-setting forth the requirements of this subsection (b).
3594-(c) (Blank). Prior to commencing a procurement for a
3595-transportation project under this Act, the transportation
3596-agency shall notify any other applicable public agency,
3597-including the Authority, in all cases involving toll
3598-facilities where the Department would commence the
3599-procurement, of its interest in undertaking the procurement
3600-and shall provide the other public agency or agencies with an
3601-opportunity to offer to develop and implement the
3602-transportation project. The transportation agency shall supply
3603-the other public agency or agencies with no less than the same
3604-level and type of information concerning the project that the
3605-
3606-
3607-transportation agency would supply to private entities in the
3608-procurement, unless that information is not then available, in
3609-which case the transportation agency shall supply the other
3610-public agency or agencies with the maximum amount of relevant
3611-information about the project as is then reasonably available.
3612-The transportation agency shall make available to the other
3613-public agencies the same subsidies, benefits, concessions, and
3614-other consideration that it intends to make available to the
3615-private entities in the procurement.
3616-The public agencies shall have a maximum period of 60 days
3617-to review the information about the proposed transportation
3618-project and to respond to the transportation agency in writing
3619-to accept or reject the opportunity to develop and implement
3620-the transportation project. If a public agency rejects the
3621-opportunity during the 60-day period, then the public agency
3622-may not participate in the procurement for the proposed
3623-transportation project by submitting a proposal of its own. If
3624-a public agency fails to accept or reject this opportunity in
3625-writing within the 60-day period, it shall be deemed to have
3626-rejected the opportunity.
3627-If a public agency accepts the opportunity within the
3628-60-day period, then the public agency shall have up to 120 days
3629-(or a longer period, if extended by the transportation
3630-agency), to (i) submit to the transportation agency a
3631-reasonable plan for development of the transportation project;
3632-(ii) if applicable, make an offer of reasonable consideration
3633-
3634-
3635-for the opportunity to undertake the transportation project;
3636-and (iii) negotiate a mutually acceptable intergovernmental
3637-agreement with the transportation agency that facilitates the
3638-development of the transportation project and requires that
3639-the transportation agency follow its procurement procedures
3640-under the Illinois Procurement Code and applicable rules
3641-rather than this Act. In considering whether a public agency's
3642-plan for developing and implementing the project is
3643-reasonable, the transportation agency shall consider the
3644-public agency's history of developing and implementing similar
3645-projects, the public agency's current capacity to develop and
3646-implement the proposed project, the user charges, if any,
3647-contemplated by the public agency's plan and how these user
3648-charges compare with user charges that would be imposed by a
3649-private entity developing and implementing the same project,
3650-the project delivery schedule proposed by the public agency,
3651-and other reasonable factors that are necessary, including
3652-consideration of risks and whether subsidy costs may be
3653-reduced, to determine whether development and implementation
3654-of the project by the public agency is in the best interest of
3655-the people of this State.
3656-(d) (Blank). If the transportation agency rejects or fails
3657-to negotiate mutually acceptable terms regarding a public
3658-agency's plan for developing and implementing the
3659-transportation project during the 120-day period described in
3660-subsection (c), then the public agency may not participate in
3661-
3662-
3663-the procurement for the proposed transportation project by
3664-submitting a proposal of its own. Following a rejection or
3665-failure to reach agreement regarding a public agency's plan,
3666-if the transportation agency later proceeds with a procurement
3667-in which it materially changes (i) the nature or scope of the
3668-project; (ii) any subsidies, benefits, concessions, or other
3669-significant project-related considerations made available to
3670-the bidders; or (iii) any other terms of the project, as
3671-compared to when the transportation agency supplied
3672-information about the project to public agencies under
3673-subsection (c), then the transportation agency shall give
3674-public agencies another opportunity in accordance with
3675-subsection (c) to provide proposals for developing and
3676-implementing the project.
3677-(e) (Blank). Nothing in this Section 20 requires a
3678-transportation agency to go through a procurement process
3679-prior to developing and implementing a project through a
3680-public agency as described in subsection (c).
3681-(f) All procurement processes shall incorporate
3682-requirements and set forth goals for participation by
3683-disadvantaged business enterprises as allowed under State and
3684-federal law.
3685-(g) The responsible public entity transportation agency
3686-shall establish a process to shortlist potential private
3687-entities. The responsible public entity transportation agency
3688-shall: (i) provide a public notice of the shortlisting process
3689-
3690-
3691-for such period as deemed appropriate by the agency; (ii) set
3692-forth requirements and evaluation criteria in a request for
3693-qualifications; (iii) develop a shortlist by determining which
3694-private entities that have submitted statements of
3695-qualification, if any, meet the minimum requirements and best
3696-satisfy the evaluation criteria set forth in the request for
3697-qualifications; and (iv) allow only those entities, or groups
3698-of entities such as unincorporated joint ventures, that have
3699-been shortlisted to submit proposals or bids. Throughout the
3700-procurement period and as necessary following the award of a
3701-contract, the responsible public entity transportation agency
3702-shall make publicly available on its website information
3703-regarding firms that are prequalified by the responsible
3704-public entity transportation agency pursuant to Section 20 of
3705-the Architectural, Engineering, and Land Surveying
3706-Qualifications Based Selection Act to provide architectural,
3707-engineering, and land surveying services. The responsible
3708-public entities transportation agencies shall require private
3709-entities to use firms prequalified under this Act to provide
3710-architectural, engineering, and land surveying services. Firms
3711-identified to provide architectural, engineering, and land
3712-surveying services in a statement of qualifications shall be
3713-prequalified under the Act to provide the identified services
3714-prior to the responsible public entity's transportation
3715-agency's award of the contract.
3716-(h) Competitive sealed bidding requirements:
3717-
3718-
3719-(1) All contracts shall be awarded by competitive
3720-sealed bidding except as otherwise provided in subsection
3721-(i) of this Section, Section 19 of this Act, and Section 25
3722-of this Act.
3723-(2) An invitation for bids shall be issued and shall
3724-include a description of the public-private partnership
3725-with a private entity for the development, finance, and
3726-operation of a transportation facility as a transportation
3727-project, and the material contractual terms and conditions
3728-applicable to the procurement.
3729-(3) Public notice of the invitation for bids shall be
3730-published in the State of Illinois Procurement Bulletin at
3731-least 21 days before the date set in the invitation for the
3732-opening of bids.
3733-(4) Bids shall be opened publicly in the presence of
3734-one or more witnesses at the time and place designated in
3735-the invitation for bids. The name of each bidder, the
3736-amount of each bid, and other relevant information as may
3737-be specified by rule shall be recorded. After the award of
3738-the contract, the winning bid and the record of each
3739-unsuccessful bid shall be open to public inspection.
3740-(5) Bids shall be unconditionally accepted without
3741-alteration or correction, except as authorized in this
3742-Act. Bids shall be evaluated based on the requirements set
3743-forth in the invitation for bids, which may include
3744-criteria to determine acceptability such as inspection,
3745-
3746-
3747-testing, quality, workmanship, delivery, and suitability
3748-for a particular purpose. Those criteria that will affect
3749-the bid price and be considered in evaluation for award,
3750-such as discounts, transportation costs, and total or life
3751-cycle costs, shall be objectively measurable. The
3752-invitation for bids shall set forth the evaluation
3753-criteria to be used.
3754-(6) Correction or withdrawal of inadvertently
3755-erroneous bids before or after award, or cancellation of
3756-awards of contracts based on bid mistakes, shall be
3757-permitted in accordance with rules. After bid opening, no
3758-changes in bid prices or other provisions of bids
3759-prejudicial to the interest of the State or fair
3760-competition shall be permitted. All decisions to permit
3761-the correction or withdrawal of bids based on bid mistakes
3762-shall be supported by written determination made by the
3763-responsible public entity transportation agency.
3764-(7) The contract shall be awarded with reasonable
3765-promptness by written notice to the lowest responsible and
3766-responsive bidder whose bid meets the requirements and
3767-criteria set forth in the invitation for bids, except when
3768-the responsible public entity transportation agency
3769-determines it is not in the best interest of the State and
3770-by written explanation determines another bidder shall
3771-receive the award. The explanation shall appear in the
3772-appropriate volume of the State of Illinois Procurement
3773-
3774-
3775-Bulletin. The written explanation must include:
3776-(A) a description of the responsible public
3777-entity's agency's needs;
3778-(B) a determination that the anticipated cost will
3779-be fair and reasonable;
3780-(C) a listing of all responsible and responsive
3781-bidders; and
3782-(D) the name of the bidder selected, pricing, and
3783-the reasons for selecting that bidder.
3784-(8) When it is considered impracticable to initially
3785-prepare a purchase description to support an award based
3786-on price, an invitation for bids may be issued requesting
3787-the submission of unpriced offers to be followed by an
3788-invitation for bids limited to those bidders whose offers
3789-have been qualified under the criteria set forth in the
3790-first solicitation.
3791-(i) Competitive sealed proposal requirements:
3792-(1) When the responsible public entity transportation
3793-agency determines in writing that the use of competitive
3794-sealed bidding or design-build procurement is either not
3795-practicable or not advantageous to the State, a contract
3796-may be entered into by competitive sealed proposals.
3797-(2) Proposals shall be solicited through a request for
3798-proposals.
3799-(3) Public notice of the request for proposals shall
3800-be published in the State of Illinois Procurement Bulletin
3801-
3802-
3803-at least 21 days before the date set in the invitation for
3804-the opening of proposals.
3805-(4) Proposals shall be opened publicly in the presence
3806-of one or more witnesses at the time and place designated
3807-in the request for proposals, but proposals shall be
3808-opened in a manner to avoid disclosure of contents to
3809-competing offerors during the process of negotiation. A
3810-record of proposals shall be prepared and shall be open
3811-for public inspection after contract award.
3812-(5) The requests for proposals shall state the
3813-relative importance of price and other evaluation factors.
3814-Proposals shall be submitted in 2 parts: (i) covering
3815-items except price; and (ii) covering price. The first
3816-part of all proposals shall be evaluated and ranked
3817-independently of the second part of all proposals.
3818-(6) As provided in the request for proposals and under
3819-any applicable rules, discussions may be conducted with
3820-responsible offerors who submit proposals determined to be
3821-reasonably susceptible of being selected for award for the
3822-purpose of clarifying and assuring full understanding of
3823-and responsiveness to the solicitation requirements. Those
3824-offerors shall be accorded fair and equal treatment with
3825-respect to any opportunity for discussion and revision of
3826-proposals. Revisions may be permitted after submission and
3827-before award for the purpose of obtaining best and final
3828-offers. In conducting discussions there shall be no
3829-
3830-
3831-disclosure of any information derived from proposals
3832-submitted by competing offerors. If information is
3833-disclosed to any offeror, it shall be provided to all
3834-competing offerors.
3835-(7) Awards shall be made to the responsible offeror
3836-whose proposal is determined in writing to be the most
3837-advantageous to the State, taking into consideration price
3838-and the evaluation factors set forth in the request for
3839-proposals. The contract file shall contain the basis on
3840-which the award is made.
3841-(j) The responsible public entity In the case of a
3842-proposal or proposals to the Department or the Authority, the
3843-transportation agency shall determine, based on its review and
3844-evaluation of the proposal or proposals received in response
3845-to the request for proposals, which one or more proposals, if
3846-any, best serve the public purpose of this Act and satisfy the
3847-criteria set forth in the request for proposals and, with
3848-respect to such proposal or proposals, shall:
3849-(1) submit the proposal or proposals to the Commission
3850-on Government Forecasting and Accountability, which,
3851-within 20 days of submission by the responsible public
3852-entity transportation agency, shall complete a review of
3853-the proposal or proposals and report on the value of the
3854-proposal or proposals to the State;
3855-(2) hold one or more public hearings on the proposal
3856-or proposals, publish notice of the hearing or hearings at
3857-
3858-
3859-least 7 days before the hearing, and include the following
3860-in the notice: (i) the date, time, and place of the hearing
3861-and the address of the responsible public entity
3862-transportation agency, (ii) the subject matter of the
3863-hearing, (iii) a description of the agreement to be
3864-awarded, (iv) the determination made by the responsible
3865-public entity transportation agency that such proposal or
3866-proposals best serve the public purpose of this Act and
3867-satisfy the criteria set forth in the request for
3868-proposals, and (v) that the public may be heard on the
3869-proposal or proposals during the public hearing; and
3870-(3) determine whether or not to recommend to the
3871-Governor that the Governor approve the proposal or
3872-proposals.
3873-The Governor may approve one or more proposals recommended
3874-by the Department or the Authority based upon the review,
3875-evaluation, and recommendation of the responsible public
3876-entity transportation agency, the review and report of the
3877-Commission on Government Forecasting and Accountability, the
3878-public hearing, and the best interests of the State.
3879-(k) In addition to any other rights under this Act, in
3880-connection with any procurement under this Act, the following
3881-rights are reserved to each responsible public entity
3882-transportation agency:
3883-(1) to withdraw a request for information, a request
3884-for qualifications, or a request for proposals at any
3885-
3886-
3887-time, and to publish a new request for information,
3888-request for qualifications, or request for proposals;
3889-(2) to not approve a proposal for any reason;
3890-(3) to not award a public-private agreement for any
3891-reason;
3892-(4) to request clarifications to any statement of
3893-information, qualifications, or proposal received, to seek
3894-one or more revised proposals or one or more best and final
3895-offers, or to conduct negotiations with one or more
3896-private entities that have submitted proposals;
3897-(5) to modify, during the pendency of a procurement,
3898-the terms, provisions, and conditions of a request for
3899-information, request for qualifications, or request for
3900-proposals or the technical specifications or form of a
3901-public-private agreement;
3902-(6) to interview proposers; and
3903-(7) any other rights available to the responsible
3904-public entity transportation agency under applicable law
3905-and regulations.
3906-(l) If a proposal is approved, the responsible public
3907-entity transportation agency shall execute the public-private
3908-agreement, publish notice of the execution of the
3909-public-private agreement on its website and in a newspaper or
3910-newspapers of general circulation within the county or
3911-counties in which the transportation project is to be located,
3912-and publish the entire agreement on its website. Any action to
3913-
3914-
3915-contest the validity of a public-private agreement entered
3916-into under this Act must be brought no later than 60 days after
3917-the date of publication of the notice of execution of the
3918-public-private agreement.
3919-(m) For any transportation project with an estimated
3920-construction cost of over $50,000,000, the responsible public
3921-entity transportation agency may also require the approved
3922-proposer to pay the costs for an independent audit of any and
3923-all traffic and cost estimates associated with the approved
3924-proposal, as well as a review of all public costs and potential
3925-liabilities to which taxpayers could be exposed (including
3926-improvements to other transportation facilities that may be
3927-needed as a result of the approved proposal, failure by the
3928-approved proposer to reimburse the transportation agency for
3929-services provided, and potential risk and liability in the
3930-event the approved proposer defaults on the public-private
3931-agreement or on bonds issued for the project). If required by
3932-the responsible public entity transportation agency, this
3933-independent audit must be conducted by an independent
3934-consultant selected by the transportation agency, and all
3935-information from the review must be fully disclosed.
3936-(n) The responsible public entity transportation agency
3937-may also apply for, execute, or endorse applications submitted
3938-by private entities to obtain federal credit assistance for
3939-qualifying projects developed or operated pursuant to this
3940-Act.
3941-
3942-
3943-(Source: P.A. 97-502, eff. 8-23-11; 97-858, eff. 7-27-12.)
3944-(630 ILCS 5/30)
3945-Sec. 30. Interim agreements.
3946-(a) Prior to or in connection with the negotiation of the
3947-public-private agreement, the responsible public entity
3948-transportation agency may enter into an interim agreement with
3949-the approved proposer. Such interim agreement may:
3950-(1) permit the approved proposer to commence
3951-activities relating to a proposed project as the
3952-responsible public entity transportation agency and the
3953-approved proposer shall agree to and for which the
3954-approved proposer may be compensated, including, but not
3955-limited to, project planning, advance right-of-way
3956-acquisition, design and engineering, environmental
3957-analysis and mitigation, survey, conducting transportation
3958-and revenue studies, and ascertaining the availability of
3959-financing for the proposed facility or facilities;
3960-(2) establish the process and timing of the exclusive
3961-negotiation of a public-private agreement with an approved
3962-proposer;
3963-(3) require that in the event the responsible public
3964-entity transportation agency determines not to proceed
3965-with a project after the approved proposer and the
3966-responsible public entity transportation agency have
3967-executed an interim agreement, and thereby terminates the
3968-
3969-
3970-interim agreement or declines to proceed with negotiation
3971-of a public-private agreement with an approved proposer,
3972-the responsible public entity transportation agency shall
3973-pay to the approved proposer certain fees and costs
3974-incurred by the approved proposer;
3975-(4) establish the ownership in the State or in the
3976-Authority of the concepts and designs in the event of
3977-termination of the interim agreement;
3978-(5) establish procedures for the selection of
3979-professional design firms and subcontractors, which shall
3980-include procedures consistent with the Architectural,
3981-Engineering, and Land Surveying Qualifications Based
3982-Selection Act for the selection of design professional
3983-firms and may include, in the discretion of the
3984-responsible public entity transportation agency,
3985-procedures consistent with the low bid procurement
3986-procedures outlined in the Illinois Procurement Code for
3987-the selection of construction companies; and
3988-(6) contain any other provisions related to any aspect
3989-of the transportation project that the parties may deem
3990-appropriate.
3991-(b) A responsible public entity transportation agency may
3992-enter into an interim agreement with multiple approved
3993-proposers if the responsible public entity transportation
3994-agency determines in writing that it is in the public interest
3995-to do so.
3996-
3997-
3998-(c) The approved proposer shall select firms that are
3999-prequalified by the responsible public entity transportation
4000-agency pursuant to Section 20 of the Architectural,
4001-Engineering, and Land Surveying Qualifications Based Selection
4002-Act to provide architectural, engineering, and land surveying
4003-services to undertake activities related to the transportation
4004-project.
4005-(Source: P.A. 97-502, eff. 8-23-11.)
4006-(630 ILCS 5/35)
4007-Sec. 35. Public-private agreements.
4008-(a) Unless undertaking actions otherwise permitted in an
4009-interim agreement entered into under Section 30 of this Act,
4010-before developing, financing, or operating the transportation
4011-project, the approved proposer shall enter into a
4012-public-private agreement with the transportation agency.
4013-Subject to the requirements of this Act, a public-private
4014-agreement may provide that the approved proposer, acting on
4015-behalf of the responsible public entity transportation agency,
4016-is partially or entirely responsible for any combination of
4017-developing, financing, or operating the transportation project
4018-under terms set forth in the public-private agreement.
4019-(b) The public-private agreement may, as determined
4020-appropriate by the responsible public entity transportation
4021-agency for the particular transportation project, provide for
4022-some or all of the following:
4023-
4024-
4025-(1) Development, financing, and operation of the
4026-transportation project under terms set forth in the
4027-public-private agreement, in any form as deemed
4028-appropriate by the responsible public entity
4029-transportation agency, including, but not limited to, a
4030-long-term concession and lease, a design-bid-build
4031-agreement, a design-build agreement, a
4032-design-build-maintain agreement, a design-build-finance
4033-agreement, a design-build-operate-maintain agreement and a
4034-design-build-finance-operate-maintain agreement.
4035-(2) Delivery of performance and payment bonds or other
4036-performance security determined suitable by the
4037-responsible public entity transportation agency, including
4038-letters of credit, United States bonds and notes, parent
4039-guaranties, and cash collateral, in connection with the
4040-development, financing, or operation of the transportation
4041-project, in the forms and amounts set forth in the
4042-public-private agreement or otherwise determined as
4043-satisfactory by the responsible public entity
4044-transportation agency to protect the responsible public
4045-entity transportation agency and payment bond
4046-beneficiaries who have a direct contractual relationship
4047-with the contractor or a subcontractor of the contractor
4048-to supply labor or material. The payment or performance
4049-bond or alternative form of performance security is not
4050-required for the portion of a public-private agreement
4051-
4052-
4053-that includes only design, planning, or financing
4054-services, the performance of preliminary studies, or the
4055-acquisition of real property.
4056-(3) Review of plans for any development or operation,
4057-or both, of the transportation project by the responsible
4058-public entity transportation agency.
4059-(4) Inspection of any construction of or improvements
4060-to the transportation project by the responsible public
4061-entity transportation agency or another entity designated
4062-by the responsible public entity transportation agency or
4063-under the public-private agreement to ensure that the
4064-construction or improvements conform to the standards set
4065-forth in the public-private agreement or are otherwise
4066-acceptable to the responsible public entity transportation
4067-agency.
4068-(5) Maintenance of:
4069-(A) one or more policies of public liability
4070-insurance (copies of which shall be filed with the
4071-responsible public entity transportation agency
4072-accompanied by proofs of coverage); or
4073-(B) self-insurance;
4074-each in form and amount as set forth in the public-private
4075-agreement or otherwise satisfactory to the responsible
4076-public entity transportation agency as reasonably
4077-sufficient to insure coverage of tort liability to the
4078-public and employees and to enable the continued operation
4079-
4080-
4081-of the transportation project.
4082-(6) Where operations are included within the
4083-contractor's obligations under the public-private
4084-agreement, monitoring of the maintenance practices of the
4085-contractor by the responsible public entity transportation
4086-agency or another entity designated by the responsible
4087-public entity transportation agency or under the
4088-public-private agreement and the taking of the actions the
4089-responsible public entity transportation agency finds
4090-appropriate to ensure that the transportation project is
4091-properly maintained.
4092-(7) Reimbursement to be paid to the responsible public
4093-entity transportation agency as set forth in the
4094-public-private agreement for services provided by the
4095-responsible public entity transportation agency.
4096-(8) Filing of appropriate financial statements and
4097-reports as set forth in the public-private agreement or as
4098-otherwise in a form acceptable to the responsible public
4099-entity transportation agency on a periodic basis.
4100-(9) Compensation or payments to the contractor.
4101-Compensation or payments may include any or a combination
4102-of the following:
4103-(A) a base fee and additional fee for project
4104-savings as the design-builder of a construction
4105-project;
4106-(B) a development fee, payable on a lump-sum
4107-
4108-
4109-basis, progress payment basis, time and materials
4110-basis, or another basis deemed appropriate by the
4111-responsible public entity transportation agency;
4112-(C) an operations fee, payable on a lump-sum
4113-basis, time and material basis, periodic basis, or
4114-another basis deemed appropriate by the responsible
4115-public entity transportation agency;
4116-(D) some or all of the revenues, if any, arising
4117-out of operation of the transportation project;
4118-(E) a maximum rate of return on investment or
4119-return on equity or a combination of the two;
4120-(F) in-kind services, materials, property,
4121-equipment, or other items;
4122-(G) compensation in the event of any termination;
4123-(H) availability payments or similar arrangements
4124-whereby payments are made to the contractor pursuant
4125-to the terms set forth in the public-private agreement
4126-or related agreements; or
4127-(I) other compensation set forth in the
4128-public-private agreement or otherwise deemed
4129-appropriate by the responsible public entity
4130-transportation agency.
4131-(10) Compensation or payments to the responsible
4132-public entity transportation agency, if any. Compensation
4133-or payments may include any or a combination of the
4134-following:
4135-
4136-
4137-(A) a concession or lease payment or other fee,
4138-which may be payable upfront or on a periodic basis or
4139-on another basis deemed appropriate by the responsible
4140-public entity transportation agency;
4141-(B) sharing of revenues, if any, from the
4142-operation of the transportation project;
4143-(C) sharing of project savings from the
4144-construction of the transportation project;
4145-(D) payment for any services, materials,
4146-equipment, personnel, or other items provided by the
4147-responsible public entity transportation agency to the
4148-contractor under the public-private agreement or in
4149-connection with the transportation project; or
4150-(E) other compensation set forth in the
4151-public-private agreement or otherwise deemed
4152-appropriate by the responsible public entity
4153-transportation agency.
4154-(11) The date and terms of termination of the
4155-contractor's authority and duties under the public-private
4156-agreement and the circumstances under which the
4157-contractor's authority and duties may be terminated prior
4158-to that date.
4159-(12) Reversion of the transportation project to the
4160-responsible public entity transportation agency at the
4161-termination or expiration of the public-private agreement.
4162-(13) Rights and remedies of the responsible public
4163-
4164-
4165-entity transportation agency in the event that the
4166-contractor defaults or otherwise fails to comply with the
4167-terms of the public-private agreement.
4168-(14) Procedures for the selection of professional
4169-design firms and subcontractors, which shall include
4170-procedures consistent with the Architectural, Engineering,
4171-and Land Surveying Qualifications Based Selection Act for
4172-the selection of professional design firms and may
4173-include, in the discretion of the responsible public
4174-entity transportation agency, procedures consistent with
4175-the low bid procurement procedures outlined in the
4176-Illinois Procurement Code for the selection of
4177-construction companies.
4178-(15) Other terms, conditions, and provisions that the
4179-responsible public entity transportation agency believes
4180-are in the public interest.
4181-(c) The responsible public entity transportation agency
4182-may fix and revise the amounts of user fees that a contractor
4183-may charge and collect for the use of any part of a
4184-transportation project in accordance with the public-private
4185-agreement. In fixing the amounts, the responsible public
4186-entity transportation agency may establish maximum amounts for
4187-the user fees and may provide that the maximums and any
4188-increases or decreases of those maximums shall be based upon
4189-the indices, methodologies, or other factors the responsible
4190-public entity transportation agency considers appropriate.
4191-
4192-
4193-(d) A public-private agreement may:
4194-(1) authorize the imposition of tolls in any manner
4195-determined appropriate by the responsible public entity
4196-transportation agency for the transportation project;
4197-(2) authorize the contractor to adjust the user fees
4198-for the use of the transportation project, so long as the
4199-amounts charged and collected by the contractor do not
4200-exceed the maximum amounts established by the responsible
4201-public entity transportation agency under the
4202-public-private agreement;
4203-(3) provide that any adjustment by the contractor
4204-permitted under paragraph (2) of this subsection (d) may
4205-be based on the indices, methodologies, or other factors
4206-described in the public-private agreement or approved by
4207-the responsible public entity transportation agency;
4208-(4) authorize the contractor to charge and collect
4209-user fees through methods, including, but not limited to,
4210-automatic vehicle identification systems, electronic toll
4211-collection systems, and, to the extent permitted by law,
4212-global positioning system-based, photo-based, or
4213-video-based toll collection enforcement, provided that to
4214-the maximum extent feasible the contractor will (i)
4215-utilize open road tolling methods that allow payment of
4216-tolls at highway speeds and (ii) comply with United States
4217-Department of Transportation requirements and best
4218-practices with respect to tolling methods; and
4219-
4220-
4221-(5) authorize the collection of user fees by a third
4222-party.
4223-(e) In the public-private agreement, the responsible
4224-public entity transportation agency may agree to make grants
4225-or loans for the development or operation, or both, of the
4226-transportation project from time to time from amounts received
4227-from the federal government or any agency or instrumentality
4228-of the federal government or from any State or local agency.
4229-(f) Upon the termination or expiration of the
4230-public-private agreement, including a termination for default,
4231-the responsible public entity transportation agency shall have
4232-the right to take over the transportation project and to
4233-succeed to all of the right, title, and interest in the
4234-transportation project. Upon termination or expiration of the
4235-public-private agreement relating to a transportation project
4236-undertaken by the Department, all real property acquired as a
4237-part of the transportation project shall be held in the name of
4238-the State of Illinois. Upon termination or expiration of the
4239-public-private agreement relating to a transportation project
4240-undertaken by the Authority, all real property acquired as a
4241-part of the transportation project shall be held in the name of
4242-the Authority.
4243-(g) If a responsible public entity transportation agency
4244-elects to take over a transportation project as provided in
4245-subsection (f) of this Section, the responsible public entity
4246-transportation agency may do the following:
4247-
4248-
4249-(1) develop, finance, or operate the project,
4250-including through a public-private agreement entered into
4251-in accordance with this Act; or
4252-(2) impose, collect, retain, and use user fees, if
4253-any, for the project.
4254-(h) If a responsible public entity transportation agency
4255-elects to take over a transportation project as provided in
4256-subsection (f) of this Section, the responsible public entity
4257-transportation agency may use the revenues, if any, for any
4258-lawful purpose, including to:
4259-(1) make payments to individuals or entities in
4260-connection with any financing of the transportation
4261-project, including through a public-private agreement
4262-entered into in accordance with this Act;
4263-(2) permit a contractor to receive some or all of the
4264-revenues under a public-private agreement entered into
4265-under this Act;
4266-(3) pay development costs of the project;
4267-(4) pay current operation costs of the project or
4268-facilities;
4269-(5) pay the contractor for any compensation or payment
4270-owing upon termination; and
4271-(6) pay for the development, financing, or operation
4272-of any other project or projects the responsible public
4273-entity transportation agency deems appropriate.
4274-(i) The full faith and credit of the State or any political
4275-
4276-
4277-subdivision of the State or the responsible public entity
4278-transportation agency is not pledged to secure any financing
4279-of the contractor by the election to take over the
4280-transportation project. Assumption of development or
4281-operation, or both, of the transportation project does not
4282-obligate the State or any political subdivision of the State
4283-or the responsible public entity transportation agency to pay
4284-any obligation of the contractor.
4285-(j) The responsible public entity transportation agency
4286-may enter into a public-private agreement with multiple
4287-approved proposers if the responsible public entity
4288-transportation agency determines in writing that it is in the
4289-public interest to do so.
4290-(k) A public-private agreement shall not include any
4291-provision under which the responsible public entity
4292-transportation agency agrees to restrict or to provide
4293-compensation to the private entity for the construction or
4294-operation of a competing transportation facility during the
4295-term of the public-private agreement.
4296-(l) With respect to a public-private agreement entered
4297-into by the Department, the Department shall certify in its
4298-State budget request to the Governor each year the amount
4299-required by the Department during the next State fiscal year
4300-to enable the Department to make any payment obligated to be
4301-made by the Department pursuant to that public-private
4302-agreement, and the Governor shall include that amount in the
4303-
4304-
4305-State budget submitted to the General Assembly.
4306-(Source: P.A. 97-502, eff. 8-23-11; 97-858, eff. 7-27-12.)
4307-(630 ILCS 5/40)
4308-Sec. 40. Development and operations standards for
4309-transportation projects.
4310-(a) The plans and specifications, if any, for each project
4311-developed under this Act must comply with:
4312-(1) the responsible public entity's transportation
4313-agency's standards for other projects of a similar nature
4314-or as otherwise provided in the public-private agreement;
4315-(2) the Professional Engineering Practice Act of 1989,
4316-the Structural Engineering Practice Act of 1989, the
4317-Illinois Architecture Practice Act of 1989, the
4318-requirements of Section 30-22 of the Illinois Procurement
4319-Code as they apply to responsible bidders, and the
4320-Illinois Professional Land Surveyor Act of 1989; and
4321-(3) any other applicable State or federal standards.
4322-(b) Each highway project constructed or operated under
4323-this Act is considered to be part of:
4324-(1) the State highway system for purposes of
4325-identification, maintenance standards, and enforcement of
4326-traffic laws if the highway project is under the
4327-jurisdiction of the Department; or
4328-(2) the toll highway system for purposes of
4329-identification, maintenance standards, and enforcement of
4330-
4331-
4332-traffic laws if the highway project is under the
4333-jurisdiction of the Authority.
4334-(c) Any unit of local government or State agency may enter
4335-into agreements with the contractor for maintenance or other
4336-services under this Act.
4337-(d) Any electronic toll collection system used on a toll
4338-highway, bridge, or tunnel as part of a transportation project
4339-must be compatible with the electronic toll collection system
4340-used by the Authority. The Authority is authorized to
4341-construct, operate, and maintain any electronic toll
4342-collection system used on a toll highway, bridge, or tunnel as
4343-part of a transportation project pursuant to an agreement with
4344-the responsible public entity transportation agency or the
4345-contractor responsible for the transportation project. All
4346-private entities and public agencies shall have an equal
4347-opportunity to contract with the Authority to provide
4348-construction, operation, and maintenance services. In
4349-addition, during the procurement of a public-private
4350-agreement, these construction, operation, and maintenance
4351-services shall be available under identical terms to each
4352-private entity participating in the procurement. To the extent
4353-that a public-private agreement or an agreement with a public
4354-agency under subsection (c) of Section 20 of this Act
4355-authorizes tolling, the responsible public entities
4356-transportation agencies and any contractor under a
4357-public-private partnership or a public agency under an
4358-
4359-
4360-agreement pursuant to subsection (c) of Section 20 of this Act
4361-shall comply with subsection (a-5) of Section 10 of the Toll
4362-Highway Act as it relates to toll enforcement.
4363-(Source: P.A. 97-502, eff. 8-23-11; 97-858, eff. 7-27-12.)
4364-(630 ILCS 5/45)
4365-Sec. 45. Financial arrangements.
4366-(a) The responsible public entity transportation agency
4367-may do any combination of applying for, executing, or
4368-endorsing applications submitted by private entities to obtain
4369-federal, State, or local credit assistance for transportation
4370-projects developed, financed, or operated under this Act,
4371-including loans, lines of credit, and guarantees.
4372-(b) The responsible public entity transportation agency
4373-may take any action to obtain federal, State, or local
4374-assistance for a transportation project that serves the public
4375-purpose of this Act and may enter into any contracts required
4376-to receive the federal assistance. The responsible public
4377-entity transportation agency may determine that it serves the
4378-public purpose of this Act for all or any portion of the costs
4379-of a transportation project to be paid, directly or
4380-indirectly, from the proceeds of a grant or loan, line of
4381-credit, or loan guarantee made by a local, State, or federal
4382-government or any agency or instrumentality of a local, State,
4383-or federal government. Such assistance may include, but not be
4384-limited to, federal credit assistance pursuant to the
4385-
4386-
4387-Transportation Infrastructure Finance and Innovation Act
4388-(TIFIA).
4389-(c) The responsible public entity transportation agency
4390-may agree to make grants or loans for the development,
4391-financing, or operation of a transportation project from time
4392-to time, from amounts received from the federal, State, or
4393-local government or any agency or instrumentality of the
4394-federal, State, or local government.
4395-(d) Any financing of a transportation project may be in
4396-the amounts and upon the terms and conditions that are
4397-determined by the parties to the public-private agreement.
4398-(e) For the purpose of financing a transportation project,
4399-the contractor and the responsible public entity
4400-transportation agency may do the following:
4401-(1) propose to use any and all revenues that may be
4402-available to them;
4403-(2) enter into grant agreements;
4404-(3) access any other funds available to the
4405-responsible public entity transportation agency; and
4406-(4) accept grants from the responsible public entity
4407-transportation agency or other public or private agency or
4408-entity.
4409-(f) For the purpose of financing a transportation project,
4410-public funds, including public or private pension funds, may
4411-be used and mixed and aggregated with funds provided by or on
4412-behalf of the contractor or other private entities.
4413-
4414-
4415-(g) For the purpose of financing a transportation project,
4416-each responsible public entity transportation agency is
4417-authorized to do any combination of applying for, executing,
4418-or endorsing applications for an allocation of tax-exempt bond
4419-financing authorization provided by Section 142(m) of the
4420-United States Internal Revenue Code, as well as financing
4421-available under any other federal law or program.
4422-(h) Any bonds, debt, or other securities or other
4423-financing issued by or on behalf of a contractor for the
4424-purposes of a project undertaken under this Act shall not be
4425-deemed to constitute a debt of the State or any political
4426-subdivision of the State or a pledge of the faith and credit of
4427-the State or any political subdivision of the State.
4428-(Source: P.A. 97-502, eff. 8-23-11; 97-858, eff. 7-27-12.)
4429-(630 ILCS 5/50)
4430-Sec. 50. Acquisition of property.
4431-(a) The responsible public entity transportation agency
4432-may exercise any power of condemnation or eminent domain,
4433-including quick-take powers, that it has under law, including,
4434-in the case of the Department, all powers for acquisition of
4435-property rights granted it in the Illinois Highway Code, for
4436-the purpose of acquiring any lands or estates or interests in
4437-land for a transportation project to the extent provided in
4438-the public-private agreement or otherwise to the extent that
4439-the responsible public entity transportation agency finds that
4440-
4441-
4442-the action serves the public purpose of this Act and deems it
4443-appropriate in the exercise of its powers under this Act.
4444-(b) The responsible public entity transportation agency
4445-and a contractor may enter into the leases, licenses,
4446-easements, and other grants of property interests that the
4447-responsible public entity transportation agency determines
4448-necessary to carry out this Act.
4449-(Source: P.A. 97-502, eff. 8-23-11.)
4450-(630 ILCS 5/55)
4451-Sec. 55. Labor.
4452-(a) A public-private agreement related to a transportation
4453-project pertaining to the building, altering, repairing,
4454-maintaining, improving, or demolishing a transportation
4455-facility shall require the contractor and all subcontractors
4456-to comply with the requirements of Section 30-22 of the
4457-Illinois Procurement Code as they apply to responsible bidders
4458-and to present satisfactory evidence of that compliance to the
4459-responsible public entity transportation agency, unless the
4460-transportation project is federally funded and the application
4461-of those requirements would jeopardize the receipt or use of
4462-federal funds in support of the transportation project.
4463-(b) A public-private agreement related to a transportation
4464-project pertaining to a new transportation facility shall
4465-require the contractor to enter into a project labor agreement
4466-utilized by the Department.
4467-
4468-
4469-(Source: P.A. 97-502, eff. 8-23-11.)
4470-(630 ILCS 5/65)
4471-Sec. 65. Term of agreement; reversion of property to
4472-responsible public entity transportation agency.
4473-(a) The term of a public-private agreement, including all
4474-extensions, may not exceed 99 years.
4475-(b) The responsible public entity transportation agency
4476-shall terminate the contractor's authority and duties under
4477-the public-private agreement on the date set forth in the
4478-public-private agreement.
4479-(c) Upon termination of the public-private agreement, the
4480-authority and duties of the contractor under this Act cease,
4481-except for those duties and obligations that extend beyond the
4482-termination, as set forth in the public-private agreement, and
4483-all interests in the transportation facility shall revert to
4484-the responsible public entity transportation agency.
4485-(Source: P.A. 97-502, eff. 8-23-11.)
4486-(630 ILCS 5/70)
4487-Sec. 70. Additional powers of responsible public entities
4488-transportation agencies with respect to transportation
4489-projects.
4490-(a) Each responsible public entity transportation agency
4491-may exercise any powers provided under this Act in
4492-participation or cooperation with any governmental entity and
4493-
4494-
4495-enter into any contracts to facilitate that participation or
4496-cooperation without compliance with any other statute. Each
4497-responsible public entity transportation agency shall
4498-cooperate with each other and with other governmental entities
4499-in carrying out transportation projects under this Act.
4500-(b) Each responsible public entity transportation agency
4501-may make and enter into all contracts and agreements necessary
4502-or incidental to the performance of the responsible public
4503-entity's transportation agency's duties and the execution of
4504-the responsible public entity's transportation agency's powers
4505-under this Act. Except as otherwise required by law, these
4506-contracts or agreements are not subject to any approvals other
4507-than the approval of the responsible public entity
4508-transportation agency and may be for any term of years and
4509-contain any terms that are considered reasonable by the
4510-responsible public entity transportation agency.
4511-(c) Each responsible public entity transportation agency
4512-may pay the costs incurred under a public-private agreement
4513-entered into under this Act from any funds available to the
4514-responsible public entity transportation agency under this Act
4515-or any other statute.
4516-(d) A responsible public entity transportation agency or
4517-other State agency may not take any action that would impair a
4518-public-private agreement entered into under this Act.
4519-(e) Each responsible public entity transportation agency
4520-may enter into an agreement between and among the contractor,
4521-
4522-
4523-the responsible public entity transportation agency, and the
4524-Illinois State Police concerning the provision of law
4525-enforcement assistance with respect to a transportation
4526-project that is the subject of a public-private agreement
4527-under this Act.
4528-(f) Each responsible public entity transportation agency
4529-is authorized to enter into arrangements with the Illinois
4530-State Police related to costs incurred in providing law
4531-enforcement assistance under this Act.
4532-(Source: P.A. 102-538, eff. 8-20-21.)
4533-(630 ILCS 5/80)
4534-Sec. 80. Powers liberally construed. The powers conferred
4535-by this Act shall be liberally construed in order to
4536-accomplish their purposes and shall be in addition and
4537-supplemental to the powers conferred by any other law. If any
4538-other law or rule is inconsistent with this Act, this Act is
4539-controlling as to any public-private agreement entered into
4540-under this Act. To implement the powers conferred by this Act,
4541-the responsible public entity transportation agency may
4542-establish rules and procedures for the procurement of a
4543-public-private agreement under this Act. Nothing contained in
4544-this Act is intended to supersede applicable federal law or to
4545-foreclose the use or potential use of federal funds. In the
4546-event any provision of this Act is inconsistent with
4547-applicable federal law or would have the effect of foreclosing
4548-
4549-
4550-the use or potential use of federal funds, the applicable
4551-federal law or funding condition shall prevail, but only to
4552-the extent of such inconsistency.
4553-(Source: P.A. 97-502, eff. 8-23-11.)
4554-(630 ILCS 5/85)
4555-Sec. 85. Full and complete authority. This Act contains
4556-full and complete authority for agreements and leases with
4557-private entities to carry out the activities described in this
4558-Act. Except as otherwise required by law, no procedure,
4559-proceedings, publications, notices, consents, approvals,
4560-orders, or acts by the responsible public entity
4561-transportation agency or any other State or local agency or
4562-official are required to enter into an agreement or lease.
4563-(Source: P.A. 97-502, eff. 8-23-11.)
4564-ARTICLE 95. LICENSING OF SOFTWARE APPLICATIONS
4565-Section 95-5. The Illinois Procurement Code is amended by
4566-adding Section 20-57 as follows:
4567-(30 ILCS 500/20-57 new)
4568-Sec. 20-57. Software licensing contracts. A contract
4569-entered into by a public agency for the licensing of software
4570-applications designed to run on generally available desktop or
4571-server hardware may not limit the public agency's ability to
4572-
4573-
4574-install or run the software on any of the public agency's
4575-hardware.
4576-ARTICLE 97. PUBLIC CONSTRUCTION BONDS
4577-Section 97-5. The Public Construction Bond Act is amended
4578-by changing Section 1 as follows:
4579-(30 ILCS 550/1) (from Ch. 29, par. 15)
4580-Sec. 1. Except as otherwise provided by this Act, until
4581-January 1, 2029, all officials, boards, commissions, or agents
4582-of this State, or of any political subdivision thereof, in
4583-making contracts for public work of any kind costing over
4584-$150,000 $50,000 to be performed for the State, or of any
4585-political subdivision thereof, shall require every contractor
4586-for the work to furnish, supply and deliver a bond to the
4587-State, or to the political subdivision thereof entering into
4588-the contract, as the case may be, with good and sufficient
4589-sureties. The surety on the bond shall be a company that is
4590-licensed by the Department of Insurance authorizing it to
4591-execute surety bonds and the company shall have a financial
4592-strength rating of at least A- as rated by A.M. Best Company,
4593-Inc., Moody's Investors Service, Standard & Poor's
4594-Corporation, or a similar rating agency. The amount of the
4595-bond shall be fixed by the officials, boards, commissions,
4596-commissioners or agents, and the bond, among other conditions,
4597-
4598-
4599-shall be conditioned for the completion of the contract, for
4600-the payment of material, apparatus, fixtures, and machinery
4601-used in the work and for all labor performed in the work,
4602-whether by subcontractor or otherwise.
4603-Until January 1, 2029, when making contracts for public
4604-works to be constructed, the Department of Transportation and
4605-the Illinois State Toll Highway Authority shall require every
4606-contractor for those works to furnish, supply, and deliver a
4607-bond to the Department or the Authority, as the case may be,
4608-with good and sufficient sureties only if the public works
4609-contract will cost more than $500,000. The Department of
4610-Transportation and the Illinois State Toll Highway Authority
4611-shall publicly display the following information by website or
4612-annual report and shall provide that information to interested
4613-parties upon request:
4614-(1) a list of each of its defaulted public works
4615-contracts, including the value of the award, the adjusted
4616-contract value, and the amount remaining unpaid by the
4617-Department or Authority, as applicable;
4618-(2) the number and the aggregate amount of payment
4619-claims made under the Mechanics Lien Act along with the
4620-number of contracts in which payment claims are made under
4621-the Mechanics Lien Act;
4622-(3) for each of its public improvement contracts,
4623-regardless of the contract value, the aggregate annual
4624-revenue of the contractor derived from contracts with the
4625-
4626-
4627-State;
4628-(4) for each of its public works contracts, regardless
4629-of contract value, the identity of the surety providing
4630-the contract bond, payment and performance bond, or both;
4631-and
4632-(5) for each of its public works contracts, regardless
4633-of the bond threshold, a list of bidders for each public
4634-works contract, and the amount bid by each bidder.
4635-Until January 1, 2029, local governmental units may
4636-require a bond, by ordinance or resolution, for public works
4637-contracts valued at $150,000 or less.
4638-On and after January 1, 2029, all officials, boards,
4639-commissions, or agents of this State, or of any political
4640-subdivision thereof, in making contracts for public work of
4641-any kind costing over $50,000 to be performed for the State, or
4642-of any political subdivision thereof, shall require every
4643-contractor for the work to furnish, supply and deliver a bond
4644-to the State, or to the political subdivision thereof entering
4645-into the contract, as the case may be, with good and sufficient
4646-sureties. The surety on the bond shall be a company that is
4647-licensed by the Department of Insurance authorizing it to
4648-execute surety bonds and the company shall have a financial
4649-strength rating of at least A- as rated by A.M. Best Company,
4650-Inc., Moody's Investors Service, Standard & Poor's
4651-Corporation, or a similar rating agency. The amount of the
4652-bond shall be fixed by the officials, boards, commissions,
4653-
4654-
4655-commissioners or agents, and the bond, among other conditions,
4656-shall be conditioned for the completion of the contract, for
4657-the payment of material, apparatus, fixtures, and machinery
4658-used in the work and for all labor performed in the work,
4659-whether by subcontractor or otherwise.
4660-If the contract is for emergency repairs as provided in
4661-the Illinois Procurement Code, proof of payment for all labor,
4662-materials, apparatus, fixtures, and machinery may be furnished
4663-in lieu of the bond required by this Section.
4664-Each such bond is deemed to contain the following
4665-provisions whether such provisions are inserted in such bond
4666-or not:
4667-"The principal and sureties on this bond agree that all
4668-the undertakings, covenants, terms, conditions and agreements
4669-of the contract or contracts entered into between the
4670-principal and the State or any political subdivision thereof
4671-will be performed and fulfilled and to pay all persons, firms
4672-and corporations having contracts with the principal or with
4673-subcontractors, all just claims due them under the provisions
4674-of such contracts for labor performed or materials furnished
4675-in the performance of the contract on account of which this
4676-bond is given, when such claims are not satisfied out of the
4677-contract price of the contract on account of which this bond is
4678-given, after final settlement between the officer, board,
4679-commission or agent of the State or of any political
4680-subdivision thereof and the principal has been made.".
4681-
4682-
4683-Each bond securing contracts between the Capital
4684-Development Board or any board of a public institution of
4685-higher education and a contractor shall contain the following
4686-provisions, whether the provisions are inserted in the bond or
4687-not:
4688-"Upon the default of the principal with respect to
4689-undertakings, covenants, terms, conditions, and agreements,
4690-the termination of the contractor's right to proceed with the
4691-work, and written notice of that default and termination by
4692-the State or any political subdivision to the surety
4693-("Notice"), the surety shall promptly remedy the default by
4694-taking one of the following actions:
4695-(1) The surety shall complete the work pursuant to a
4696-written takeover agreement, using a completing contractor
4697-jointly selected by the surety and the State or any
4698-political subdivision; or
4699-(2) The surety shall pay a sum of money to the obligee,
4700-up to the penal sum of the bond, that represents the
4701-reasonable cost to complete the work that exceeds the
4702-unpaid balance of the contract sum.
4703-The surety shall respond to the Notice within 15 working
4704-days of receipt indicating the course of action that it
4705-intends to take or advising that it requires more time to
4706-investigate the default and select a course of action. If the
4707-surety requires more than 15 working days to investigate the
4708-default and select a course of action or if the surety elects
4709-
4710-
4711-to complete the work with a completing contractor that is not
4712-prepared to commence performance within 15 working days after
4713-receipt of Notice, and if the State or any political
4714-subdivision determines it is in the best interest of the State
4715-to maintain the progress of the work, the State or any
4716-political subdivision may continue to work until the
4717-completing contractor is prepared to commence performance.
4718-Unless otherwise agreed to by the procuring agency, in no case
4719-may the surety take longer than 30 working days to advise the
4720-State or political subdivision on the course of action it
4721-intends to take. The surety shall be liable for reasonable
4722-costs incurred by the State or any political subdivision to
4723-maintain the progress to the extent the costs exceed the
4724-unpaid balance of the contract sum, subject to the penal sum of
4725-the bond.".
4726-The surety bond required by this Section may be acquired
4727-from the company, agent or broker of the contractor's choice.
4728-The bond and sureties shall be subject to the right of
4729-reasonable approval or disapproval, including suspension, by
4730-the State or political subdivision thereof concerned. Except
4731-as otherwise provided in this Section, in the case of State
4732-construction contracts, a contractor shall not be required to
4733-post a cash bond or letter of credit in addition to or as a
4734-substitute for the surety bond required by this Section.
4735-Prior to the completion of 50% of the contract for public
4736-works, a local governmental unit may not withhold retainage
4737-
4738-
4739-from any payment to a contractor who furnishes the bond or bond
4740-substitute required by this Act in an amount in excess of 10%
4741-of any payment made prior to the date of completion of 50% of
4742-the contract for public works. When a contract for public
4743-works is 50% complete, the local governmental unit shall
4744-reduce the retainage so that no more than 5% is held. After the
4745-contract is 50% complete, no more than 5% of the amount of any
4746-subsequent payments made under the contract for public works
4747-may be withheld as retainage.
4748-Prior to the completion of 50% of the contract for public
4749-works, the contractor and their respective subcontractors
4750-shall not withhold from their subcontractors retainage in
4751-excess of 10% of any payment made prior to the date of
4752-completion of 50% of the contract for public works. When the
4753-contract for public works is 50% complete, the contractor and
4754-its subcontractors shall reduce the retainage so that no more
4755-than 5% is withheld from their respective subcontractors.
4756-After the contract is 50% complete, the contractor and its
4757-subcontractors shall not withhold more than 5% of the amount
4758-of any subsequent payments made under the contract to their
4759-respective subcontractors.
4760-When other than motor fuel tax funds, federal-aid funds,
4761-or other funds received from the State are used, a political
4762-subdivision may allow the contractor to provide a
4763-non-diminishing irrevocable bank letter of credit, in lieu of
4764-the bond required by this Section, on contracts under $100,000
4765-
4766-
4767-to comply with the requirements of this Section. Any such bank
4768-letter of credit shall contain all provisions required for
4769-bonds by this Section.
4770-In order to reduce barriers to entry for diverse and small
4771-businesses, the Department of Transportation may implement a
4772-5-year pilot program to allow a contractor to provide a
4773-non-diminishing irrevocable bank letter of credit in lieu of
4774-the bond required by this Section on contracts under $500,000.
4775-Projects selected by the Department of Transportation for this
4776-pilot program must be classified by the Department as low-risk
4777-scope of work contracts. The Department shall adopt rules to
4778-define the criteria for pilot project selection and
4779-implementation of the pilot program.
4780-In For the purposes of this Section: , the terms
4781-"material"
4782-"Local governmental unit" has the meaning ascribed to it
4783-in Section 2 of the Local Government Prompt Payment Act.
4784-"Material", "labor", "apparatus", "fixtures", and
4785-"machinery" include those rented items that are on the
4786-construction site and those rented tools that are used or
4787-consumed on the construction site in the performance of the
4788-contract on account of which the bond is given.
4789-(Source: P.A. 101-65, eff. 1-1-20; 102-968, eff. 1-1-23.)
4790-ARTICLE 98 VENDOR CONTRIBUTION LIMITS AND REGISTRATION
4791-REQUIREMENTS
4792-
4793-
4794-Section 98-5. The Illinois Procurement Code is amended by
4795-changing Sections 20-160 and 50-37 as follows:
4796-(30 ILCS 500/20-160)
4797-Sec. 20-160. Business entities; certification;
4798-registration with the State Board of Elections.
4799-(a) For purposes of this Section, the terms "business
4800-entity", "contract", "State contract", "contract with a State
4801-agency", "State agency", "affiliated entity", and "affiliated
4802-person" have the meanings ascribed to those terms in Section
4803-50-37.
4804-(b) Every bid and offer submitted to and every contract
4805-executed by the State on or after January 1, 2009 (the
4806-effective date of Public Act 95-971) and every submission to a
4807-vendor portal shall contain (1) a certification by the bidder,
4808-offeror, vendor, or contractor that either (i) the bidder,
4809-offeror, vendor, or contractor is not required to register as
4810-a business entity with the State Board of Elections pursuant
4811-to this Section or (ii) the bidder, offeror, vendor, or
4812-contractor has registered as a business entity with the State
4813-Board of Elections and acknowledges a continuing duty to
4814-update the registration and (2) a statement that the contract
4815-is voidable under Section 50-60 for the bidder's, offeror's,
4816-vendor's, or contractor's failure to comply with this Section.
4817-(c) Each business entity (i) whose aggregate pending bids
4818-
4819-
4820-and proposals on State contracts annually total more than
4821-$50,000, (ii) whose aggregate pending bids and proposals on
4822-State contracts combined with the business entity's aggregate
4823-annual total value of State contracts exceed $50,000, or (iii)
4824-whose contracts with State agencies, in the aggregate,
4825-annually total more than $50,000 shall register with the State
4826-Board of Elections in accordance with Section 9-35 of the
4827-Election Code. A business entity required to register under
4828-this subsection due to item (i) or (ii) has a continuing duty
4829-to ensure that the registration is accurate during the period
4830-beginning on the date of registration and ending on the day
4831-after the date the contract is awarded; any change in
4832-information must be reported to the State Board of Elections 5
4833-business days following such change or no later than a day
4834-before the contract is awarded, whichever date is earlier. A
4835-business entity required to register under this subsection due
4836-to item (iii) has a continuing duty to ensure that the
4837-registration is accurate in accordance with subsection (e).
4838-(d) Any business entity, not required under subsection (c)
4839-to register, whose aggregate pending bids and proposals on
4840-State contracts annually total more than $50,000, or whose
4841-aggregate pending bids and proposals on State contracts
4842-combined with the business entity's aggregate annual total
4843-value of State contracts exceed $50,000, shall register with
4844-the State Board of Elections in accordance with Section 9-35
4845-of the Election Code prior to submitting to a State agency the
4846-
4847-
4848-bid or proposal whose value causes the business entity to fall
4849-within the monetary description of this subsection. A business
4850-entity required to register under this subsection has a
4851-continuing duty to ensure that the registration is accurate
4852-during the period beginning on the date of registration and
4853-ending on the day after the date the contract is awarded. Any
4854-change in information must be reported to the State Board of
4855-Elections within 5 business days following such change or no
4856-later than a day before the contract is awarded, whichever
4857-date is earlier.
4858-(e) A business entity whose contracts with State agencies,
4859-in the aggregate, annually total more than $50,000 must
4860-maintain its registration under this Section and has a
4861-continuing duty to ensure that the registration is accurate
4862-for the duration of the term of office of the incumbent
4863-officeholder awarding the contracts or for a period of 2 years
4864-following the expiration or termination of the contracts,
4865-whichever is longer. A business entity, required to register
4866-under this subsection, has a continuing duty to report any
4867-changes on a quarterly basis to the State Board of Elections
4868-within 14 calendar days following the last day of January,
4869-April, July, and October of each year. Any update pursuant to
4870-this paragraph that is received beyond that date is presumed
4871-late and the civil penalty authorized by subsection (e) of
4872-Section 9-35 of the Election Code may be assessed.
4873-Also, if a business entity required to register under this
4874-
4875-
4876-subsection has a pending bid or offer, any change in
4877-information shall be reported to the State Board of Elections
4878-within 7 calendar days following such change or no later than a
4879-day before the contract is awarded, whichever date is earlier.
4880-(f) A business entity's continuing duty under this Section
4881-to ensure the accuracy of its registration includes the
4882-requirement that the business entity notify the State Board of
4883-Elections of any change in information, including, but not
4884-limited to, changes of affiliated entities or affiliated
4885-persons.
4886-(g) For any bid or offer for a contract with a State agency
4887-by a business entity required to register under this Section,
4888-the chief procurement officer shall verify that the business
4889-entity is required to register under this Section and is in
4890-compliance with the registration requirements on the date the
4891-bid or offer is due. A chief procurement officer shall not
4892-accept a bid or offer if the business entity is not in
4893-compliance with the registration requirements as of the date
4894-bids or offers are due. Upon discovery of noncompliance with
4895-this Section, if the bidder or offeror made a good faith effort
4896-to comply with registration efforts prior to the date the bid
4897-or offer is due, a chief procurement officer may provide the
4898-bidder or offeror 5 business days to achieve compliance. A
4899-chief procurement officer may extend the time to prove
4900-compliance by as long as necessary in the event that there is a
4901-failure within the State Board of Elections' registration
4902-
4903-
4904-system.
4905-(h) A registration, and any changes to a registration,
4906-must include the business entity's verification of accuracy
4907-and subjects the business entity to the penalties of the laws
4908-of this State for perjury.
4909-In addition to any penalty under Section 9-35 of the
4910-Election Code, intentional, willful, or material failure to
4911-disclose information required for registration shall render
4912-the contract, bid, offer, or other procurement relationship
4913-voidable by the chief procurement officer if he or she deems it
4914-to be in the best interest of the State of Illinois.
4915-(i) This Section applies regardless of the method of
4916-source selection used in awarding the contract.
4917-(Source: P.A. 100-43, eff. 8-9-17; 101-81, eff. 7-12-19.)
4918-(30 ILCS 500/50-37)
4919-Sec. 50-37. Prohibition of political contributions.
4920-(a) As used in this Section:
4921-The terms "contract", "State contract", and "contract
4922-with a State agency" each mean any contract, as defined in
4923-this Code, between a business entity and a State agency
4924-let or awarded pursuant to this Code. The terms
4925-"contract", "State contract", and "contract with a State
4926-agency" do not include cost reimbursement contracts;
4927-purchase of care agreements as defined in Section 1-15.68
4928-of this Code; contracts for projects eligible for full or
4929-
4930-
4931-partial federal-aid funding reimbursements authorized by
4932-the Federal Highway Administration; grants, including but
4933-are not limited to grants for job training or
4934-transportation; and grants, loans, or tax credit
4935-agreements for economic development purposes.
4936-"Contribution" means a contribution as defined in
4937-Section 9-1.4 of the Election Code.
4938-"Declared candidate" means a person who has filed a
4939-statement of candidacy and petition for nomination or
4940-election in the principal office of the State Board of
4941-Elections.
4942-"State agency" means and includes all boards,
4943-commissions, agencies, institutions, authorities, and
4944-bodies politic and corporate of the State, created by or
4945-in accordance with the Illinois Constitution or State
4946-statute, of the executive branch of State government and
4947-does include colleges, universities, public employee
4948-retirement systems, and institutions under the
4949-jurisdiction of the governing boards of the University of
4950-Illinois, Southern Illinois University, Illinois State
4951-University, Eastern Illinois University, Northern Illinois
4952-University, Western Illinois University, Chicago State
4953-University, Governors State University, Northeastern
4954-Illinois University, and the Illinois Board of Higher
4955-Education.
4956-"Officeholder" means the Governor, Lieutenant
4957-
4958-
4959-Governor, Attorney General, Secretary of State,
4960-Comptroller, or Treasurer. The Governor shall be
4961-considered the officeholder responsible for awarding all
4962-contracts by all officers and employees of, and potential
4963-contractors and others doing business with, executive
4964-branch State agencies under the jurisdiction of the
4965-Executive Ethics Commission and not within the
4966-jurisdiction of the Attorney General, the Secretary of
4967-State, the Comptroller, or the Treasurer.
4968-"Sponsoring entity" means a sponsoring entity as
4969-defined in Section 9-3 of the Election Code.
4970-"Affiliated person" means (i) any person with any
4971-ownership interest or distributive share of the bidding or
4972-contracting business entity in excess of 7.5%, (ii)
4973-executive employees of the bidding or contracting business
4974-entity, and (iii) the spouse of any such persons.
4975-"Affiliated person" does not include a person prohibited
4976-by federal law from making contributions or expenditures
4977-in connection with a federal, state, or local election.
4978-"Affiliated entity" means (i) any corporate parent and
4979-each operating subsidiary of the bidding or contracting
4980-business entity, (ii) each operating subsidiary of the
4981-corporate parent of the bidding or contracting business
4982-entity, (iii) any organization recognized by the United
4983-States Internal Revenue Service as a tax-exempt
4984-organization described in Section 501(c) of the Internal
4985-
4986-
4987-Revenue Code of 1986 (or any successor provision of
4988-federal tax law) established by the bidding or contracting
4989-business entity, any affiliated entity of that business
4990-entity, or any affiliated person of that business entity,
4991-or (iv) any political committee for which the bidding or
4992-contracting business entity, or any 501(c) organization
4993-described in item (iii) related to that business entity,
4994-is the sponsoring entity. "Affiliated entity" does not
4995-include an entity prohibited by federal law from making
4996-contributions or expenditures in connection with a
4997-federal, state, or local election.
4998-"Business entity" means any entity doing business for
4999-profit, whether organized as a corporation, partnership,
5000-sole proprietorship, limited liability company or
5001-partnership, or otherwise.
5002-"Executive employee" means (i) the President,
5003-Chairman, or Chief Executive Officer of a business entity
5004-and any other individual that fulfills equivalent duties
5005-as the President, Chairman of the Board, or Chief
5006-Executive Officer of a business entity; and (ii) any
5007-employee of a business entity whose compensation is
5008-determined directly, in whole or in part, by the award or
5009-payment of contracts by a State agency to the entity
5010-employing the employee. A regular salary that is paid
5011-irrespective of the award or payment of a contract with a
5012-State agency shall not constitute "compensation" under
5013-
5014-
5015-item (ii) of this definition. "Executive employee" does
5016-not include any person prohibited by federal law from
5017-making contributions or expenditures in connection with a
5018-federal, state, or local election.
5019-(b) Any business entity whose contracts with State
5020-agencies, in the aggregate, annually total more than $50,000,
5021-and any affiliated entities or affiliated persons of such
5022-business entity, are prohibited from making any contributions
5023-to any political committees established to promote the
5024-candidacy of (i) the officeholder responsible for awarding the
5025-contracts or (ii) any other declared candidate for that
5026-office. This prohibition shall be effective for the duration
5027-of the term of office of the incumbent officeholder awarding
5028-the contracts or for a period of 2 years following the
5029-expiration or termination of the contracts, whichever is
5030-longer.
5031-(c) Any business entity whose aggregate pending bids and
5032-offers on State contracts total more than $50,000, or whose
5033-aggregate pending bids and offers on State contracts combined
5034-with the business entity's aggregate annual total value of
5035-State contracts exceed $50,000, and any affiliated entities or
5036-affiliated persons of such business entity, are prohibited
5037-from making any contributions to any political committee
5038-established to promote the candidacy of the officeholder
5039-responsible for awarding the contract on which the business
5040-entity has submitted a bid or offer during the period
5041-
5042-
5043-beginning on the date the invitation for bids, request for
5044-proposals, or any other procurement opportunity is issued and
5045-ending on the day after the date the contract is awarded.
5046-(c-5) For the purposes of the prohibitions under
5047-subsections (b) and (c) of this Section, (i) any contribution
5048-made to a political committee established to promote the
5049-candidacy of the Governor or a declared candidate for the
5050-office of Governor shall also be considered as having been
5051-made to a political committee established to promote the
5052-candidacy of the Lieutenant Governor, in the case of the
5053-Governor, or the declared candidate for Lieutenant Governor
5054-having filed a joint petition, or write-in declaration of
5055-intent, with the declared candidate for Governor, as
5056-applicable, and (ii) any contribution made to a political
5057-committee established to promote the candidacy of the
5058-Lieutenant Governor or a declared candidate for the office of
5059-Lieutenant Governor shall also be considered as having been
5060-made to a political committee established to promote the
5061-candidacy of the Governor, in the case of the Lieutenant
5062-Governor, or the declared candidate for Governor having filed
5063-a joint petition, or write-in declaration of intent, with the
5064-declared candidate for Lieutenant Governor, as applicable.
5065-(d) All contracts between State agencies and a business
5066-entity that violate subsection (b) or (c) shall be voidable
5067-under Section 50-60. If a business entity violates subsection
5068-(b) 3 or more times within a 36-month period, then all
5069-
5070-
5071-contracts between State agencies and that business entity
5072-shall be void, and that business entity shall not bid or
5073-respond to any invitation to bid or request for proposals from
5074-any State agency or otherwise enter into any contract with any
5075-State agency for 3 years from the date of the last violation. A
5076-notice of each violation and the penalty imposed shall be
5077-published in both the Procurement Bulletin and the Illinois
5078-Register.
5079-(e) Any political committee that has received a
5080-contribution in violation of subsection (b) or (c) shall pay
5081-an amount equal to the value of the contribution to the State
5082-no more than 30 calendar days after notice of the violation
5083-concerning the contribution appears in the Illinois Register.
5084-Payments received by the State pursuant to this subsection
5085-shall be deposited into the general revenue fund.
5086-(Source: P.A. 97-411, eff. 8-16-11; 98-1076, eff. 1-1-15.)
5087-ARTICLE 100. LAND MAINTENANCE ACTIVITY PROJECTS
5088-Section 100-5. The Illinois Solid Waste Management Act is
5089-amended by changing Section 3 as follows:
5090-(415 ILCS 20/3) (from Ch. 111 1/2, par. 7053)
5091-Sec. 3. State agency materials recycling program.
5092-(a) All State agencies and local governments shall
5093-consider whether compost products can be used in the land
5094-
5095-
5096-maintenance activity project when soliciting and reviewing
5097-bids for land maintenance activity projects. If compost
5098-products can be used in the project, the State agency or local
5099-government must use compost products unless the compost
5100-products: responsible for the maintenance of public lands in
5101-the State shall, to the maximum extent feasible, use compost
5102-materials in all land maintenance activities which are to be
5103-paid with public funds.
5104-(1) are not available within a reasonable period of
5105-time;
5106-(2) do not comply with existing purchasing standards;
5107-or
5108-(3) do not comply with federal or State health and
5109-safety standards.
5110-Beginning January 1, 2024, the Department of
5111-Transportation shall report each year to the General Assembly:
5112-(i) the volume of compost used in State highway
5113-construction projects;
5114-(ii) the status of compost and compost-based products
5115-used in State highway construction projects; and
5116-(iii) recommendations to maximize the use of compost
5117-as a recycled material in State highway construction
5118-projects.
5119-State agencies and local governments are encouraged to
5120-give priority to purchasing compost products from companies
5121-that produce compost products locally, are certified by a
5122-
5123-
5124-nationally recognized organization, and produce compost
5125-products that are derived from municipal solid waste compost
5126-programs.
5127-(a-5) All State agencies responsible for the maintenance
5128-of public lands in the State shall review its procurement
5129-specifications and policies to determine (1) if incorporating
5130-compost materials will help reduce stormwater run-off and
5131-increase infiltration of moisture in land maintenance
5132-activities and (2) the current recycled content usage and
5133-potential for additional recycled content usage by the Agency
5134-in land maintenance activities and report to the General
5135-Assembly by December 15, 2015.
5136-(b) The Department of Central Management Services, in
5137-coordination with the Agency, shall implement waste reduction
5138-programs, including source separation and collection, for
5139-office wastepaper, corrugated containers, newsprint and mixed
5140-paper, in all State buildings as appropriate and feasible.
5141-Such waste reduction programs shall be designed to achieve
5142-waste reductions of at least 25% of all such waste by December
5143-31, 1995, and at least 50% of all such waste by December 31,
5144-2000. Any source separation and collection program shall
5145-include, at a minimum, procedures for collecting and storing
5146-recyclable materials, bins or containers for storing
5147-materials, and contractual or other arrangements with buyers
5148-of recyclable materials. If market conditions so warrant, the
5149-Department of Central Management Services, in coordination
5150-
5151-
5152-with the Agency, may modify programs developed pursuant to
5153-this Section.
5154-The Department of Commerce and Community Affairs (now
5155-Department of Commerce and Economic Opportunity) shall conduct
5156-waste categorization studies of all State facilities for
5157-calendar years 1991, 1995 and 2000. Such studies shall be
5158-designed to assist the Department of Central Management
5159-Services to achieve the waste reduction goals established in
5160-this subsection.
5161-(c) Each State agency shall, upon consultation with the
5162-Agency, periodically review its procurement procedures and
5163-specifications related to the purchase of products or
5164-supplies. Such procedures and specifications shall be modified
5165-as necessary to require the procuring agency to seek out
5166-products and supplies that contain recycled materials, and to
5167-ensure that purchased products or supplies are reusable,
5168-durable or made from recycled materials whenever economically
5169-and practically feasible. In choosing among products or
5170-supplies that contain recycled material, consideration shall
5171-be given to products and supplies with the highest recycled
5172-material content that is consistent with the effective and
5173-efficient use of the product or supply.
5174-(d) Wherever economically and practically feasible, the
5175-Department of Central Management Services shall procure
5176-recycled paper and paper products as follows:
5177-(1) Beginning July 1, 1989, at least 10% of the total
5178-
5179-
5180-dollar value of paper and paper products purchased by the
5181-Department of Central Management Services shall be
5182-recycled paper and paper products.
5183-(2) Beginning July 1, 1992, at least 25% of the total
5184-dollar value of paper and paper products purchased by the
5185-Department of Central Management Services shall be
5186-recycled paper and paper products.
5187-(3) Beginning July 1, 1996, at least 40% of the total
5188-dollar value of paper and paper products purchased by the
5189-Department of Central Management Services shall be
5190-recycled paper and paper products.
5191-(4) Beginning July 1, 2000, at least 50% of the total
5192-dollar value of paper and paper products purchased by the
5193-Department of Central Management Services shall be
5194-recycled paper and paper products.
5195-(e) Paper and paper products purchased from private
5196-vendors pursuant to printing contracts are not considered
5197-paper products for the purposes of subsection (d). However,
5198-the Department of Central Management Services shall report to
5199-the General Assembly on an annual basis the total dollar value
5200-of printing contracts awarded to private sector vendors that
5201-included the use of recycled paper.
5202-(f)(1) Wherever economically and practically feasible,
5203-the recycled paper and paper products referred to in
5204-subsection (d) shall contain postconsumer or recovered
5205-paper materials as specified by paper category in this
5206-
5207-
5208-subsection:
5209-(i) Recycled high grade printing and writing paper
5210-shall contain at least 50% recovered paper material.
5211-Such recovered paper material, until July 1, 1994,
5212-shall consist of at least 20% deinked stock or
5213-postconsumer material; and beginning July 1, 1994,
5214-shall consist of at least 25% deinked stock or
5215-postconsumer material; and beginning July 1, 1996,
5216-shall consist of at least 30% deinked stock or
5217-postconsumer material; and beginning July 1, 1998,
5218-shall consist of at least 40% deinked stock or
5219-postconsumer material; and beginning July 1, 2000,
5220-shall consist of at least 50% deinked stock or
5221-postconsumer material.
5222-(ii) Recycled tissue products, until July 1, 1994,
5223-shall contain at least 25% postconsumer material; and
5224-beginning July 1, 1994, shall contain at least 30%
5225-postconsumer material; and beginning July 1, 1996,
5226-shall contain at least 35% postconsumer material; and
5227-beginning July 1, 1998, shall contain at least 40%
5228-postconsumer material; and beginning July 1, 2000,
5229-shall contain at least 45% postconsumer material.
5230-(iii) Recycled newsprint, until July 1, 1994,
5231-shall contain at least 40% postconsumer material; and
5232-beginning July 1, 1994, shall contain at least 50%
5233-postconsumer material; and beginning July 1, 1996,
5234-
5235-
5236-shall contain at least 60% postconsumer material; and
5237-beginning July 1, 1998, shall contain at least 70%
5238-postconsumer material; and beginning July 1, 2000,
5239-shall contain at least 80% postconsumer material.
5240-(iv) Recycled unbleached packaging, until July 1,
5241-1994, shall contain at least 35% postconsumer
5242-material; and beginning July 1, 1994, shall contain at
5243-least 40% postconsumer material; and beginning July 1,
5244-1996, shall contain at least 45% postconsumer
5245-material; and beginning July 1, 1998, shall contain at
5246-least 50% postconsumer material; and beginning July 1,
5247-2000, shall contain at least 55% postconsumer
5248-material.
5249-(v) Recycled paperboard, until July 1, 1994, shall
5250-contain at least 80% postconsumer material; and
5251-beginning July 1, 1994, shall contain at least 85%
5252-postconsumer material; and beginning July 1, 1996,
5253-shall contain at least 90% postconsumer material; and
5254-beginning July 1, 1998, shall contain at least 95%
5255-postconsumer material.
5256-(2) For the purposes of this Section, "postconsumer
5257-material" includes:
5258-(i) paper, paperboard, and fibrous wastes from
5259-retail stores, office buildings, homes, and so forth,
5260-after the waste has passed through its end usage as a
5261-consumer item, including used corrugated boxes, old
5262-
5263-
5264-newspapers, mixed waste paper, tabulating cards, and
5265-used cordage; and
5266-(ii) all paper, paperboard, and fibrous wastes
5267-that are diverted or separated from the municipal
5268-solid waste stream.
5269-(3) For the purposes of this Section, "recovered paper
5270-material" includes:
5271-(i) postconsumer material;
5272-(ii) dry paper and paperboard waste generated
5273-after completion of the papermaking process (that is,
5274-those manufacturing operations up to and including the
5275-cutting and trimming of the paper machine reel into
5276-smaller rolls or rough sheets), including envelope
5277-cuttings, bindery trimmings, and other paper and
5278-paperboard waste resulting from printing, cutting,
5279-forming, and other converting operations, or from bag,
5280-box and carton manufacturing, and butt rolls, mill
5281-wrappers, and rejected unused stock; and
5282-(iii) finished paper and paperboard from obsolete
5283-inventories of paper and paperboard manufacturers,
5284-merchants, wholesalers, dealers, printers, converters,
5285-or others.
5286-(g) The Department of Central Management Services may
5287-adopt regulations to carry out the provisions and purposes of
5288-this Section.
5289-(h) Every State agency shall, in its procurement
5290-
5291-
5292-documents, specify that, whenever economically and practically
5293-feasible, a product to be procured must consist, wholly or in
5294-part, of recycled materials, or be recyclable or reusable in
5295-whole or in part. When applicable, if state guidelines are not
5296-already prescribed, State agencies shall follow USEPA
5297-guidelines for federal procurement.
5298-(i) All State agencies shall cooperate with the Department
5299-of Central Management Services in carrying out this Section.
5300-The Department of Central Management Services may enter into
5301-cooperative purchasing agreements with other governmental
5302-units in order to obtain volume discounts, or for other
5303-reasons in accordance with the Governmental Joint Purchasing
5304-Act, or in accordance with the Intergovernmental Cooperation
5305-Act if governmental units of other states or the federal
5306-government are involved.
5307-(j) The Department of Central Management Services shall
5308-submit an annual report to the General Assembly concerning its
5309-implementation of the State's collection and recycled paper
5310-procurement programs. This report shall include a description
5311-of the actions that the Department of Central Management
5312-Services has taken in the previous fiscal year to implement
5313-this Section. This report shall be submitted on or before
5314-November 1 of each year.
5315-(k) The Department of Central Management Services, in
5316-cooperation with all other appropriate departments and
5317-agencies of the State, shall institute whenever economically
5318-
5319-
5320-and practically feasible the use of re-refined motor oil in
5321-all State-owned motor vehicles and the use of remanufactured
5322-and retread tires whenever such use is practical, beginning no
5323-later than July 1, 1992.
5324-(l) (Blank).
5325-(m) The Department of Central Management Services, in
5326-coordination with the Department of Commerce and Community
5327-Affairs (now Department of Commerce and Economic Opportunity),
5328-has implemented an aluminum can recycling program in all State
5329-buildings within 270 days of the effective date of this
5330-amendatory Act of 1997. The program provides for (1) the
5331-collection and storage of used aluminum cans in bins or other
5332-appropriate containers made reasonably available to occupants
5333-and visitors of State buildings and (2) the sale of used
5334-aluminum cans to buyers of recyclable materials.
5335-Proceeds from the sale of used aluminum cans shall be
5336-deposited into I-CYCLE accounts maintained in the Facilities
5337-Management Revolving Fund and, subject to appropriation, shall
5338-be used by the Department of Central Management Services and
5339-any other State agency to offset the costs of implementing the
5340-aluminum can recycling program under this Section.
5341-All State agencies having an aluminum can recycling
5342-program in place shall continue with their current plan. If a
5343-State agency has an existing recycling program in place,
5344-proceeds from the aluminum can recycling program may be
5345-retained and distributed pursuant to that program, otherwise
5346-
5347-
5348-all revenue resulting from these programs shall be forwarded
5349-to Central Management Services, I-CYCLE for placement into the
5350-appropriate account within the Facilities Management Revolving
5351-Fund, minus any operating costs associated with the program.
5352-(Source: P.A. 101-636, eff. 6-10-20; 102-444, eff. 8-20-21.)
5353-ARTICLE 999. EFFECTIVE DATE
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33+1 (1) provides proof that at least 2 current employees
34+2 of the bidder are former coal mine employees and that all
35+3 such declared former coal mine employees in the bid shall
36+4 be used in the fulfillment of an awarded Abandoned Mined
37+5 Land Reclamation Project; or
38+6 (2) commits to employing at least 2 former coal mine
39+7 employees hired in fulfillment of the Abandoned Mined Land
40+8 Reclamation Project. Under this paragraph (2), the bidder
41+9 shall provide proof that at least 2 former coal mine
42+10 employees have been hired within 60 days after the start
43+11 of construction, and the bidder shall declare that the
44+12 former coal mine employees, after being hired, shall be
45+13 used in the fulfillment of an awarded Abandoned Mined Land
46+14 Reclamation Project.
47+15 When the Department of Natural Resources is to award a
48+16 contract to the lowest responsible bidder, an otherwise
49+17 qualified bidder who will fulfill the contract through the use
50+18 of former coal mine employees may be given preference over
51+19 other bidders unable to do so, if the bid is not more than 2%
52+20 greater than the low bid.
53+21 (c) This Section does not apply to any contract for any
54+22 project for which federal funds are available for expenditure
55+23 when its provisions may be in conflict with federal law or
56+24 federal regulation.
57+25 ARTICLE 10. SINGLE PRIME PROCUREMENT
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68+1 Section 10-5. The Illinois Procurement Code is amended by
69+2 changing Sections 1-15.93, 30-30, 33-5, and 45-105 as follows:
70+3 (30 ILCS 500/1-15.93)
71+4 (Section scheduled to be repealed on January 1, 2026)
72+5 Sec. 1-15.93. Single prime. "Single prime" means the
73+6 design-bid-build procurement delivery method for a building
74+7 construction project in which the Capital Development Board or
75+8 a public institution of higher education, as defined in
76+9 Section 1-13 of this Code, is the construction agency
77+10 procuring 2 or more subdivisions of work enumerated in
78+11 paragraphs (1) through (5) of subsection (a) of Section 30-30
79+12 of this Code under a single contract. The provisions of this
80+13 Section are inoperative for public institutions of higher
81+14 education on and after January 1, 2026. This Section is
82+15 repealed on January 1, 2026.
83+16 (Source: P.A. 101-369, eff. 12-15-19; 101-645, eff. 6-26-20;
84+17 102-671, eff. 11-30-21; 102-1119, eff. 1-23-23.)
85+18 (30 ILCS 500/30-30)
86+19 Sec. 30-30. Design-bid-build construction.
87+20 (a) The provisions of this subsection are operative
88+21 through December 31, 2025.
89+22 Except as provided in subsection (a-5), for building
90+23 construction contracts in excess of $250,000, separate
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101+1 specifications may be prepared for all equipment, labor, and
102+2 materials in connection with the following 5 subdivisions of
103+3 the work to be performed:
104+4 (1) plumbing;
105+5 (2) heating, piping, refrigeration, and automatic
106+6 temperature control systems, including the testing and
107+7 balancing of those systems;
108+8 (3) ventilating and distribution systems for
109+9 conditioned air, including the testing and balancing of
110+10 those systems;
111+11 (4) electric wiring; and
112+12 (5) general contract work.
113+13 Except as provided in subsection (a-5), the specifications
114+14 may be so drawn as to permit separate and independent bidding
115+15 upon each of the 5 subdivisions of work. All contracts awarded
116+16 for any part thereof may award the 5 subdivisions of work
117+17 separately to responsible and reliable persons, firms, or
118+18 corporations engaged in these classes of work. The contracts,
119+19 at the discretion of the construction agency, may be assigned
120+20 to the successful bidder on the general contract work or to the
121+21 successful bidder on the subdivision of work designated by the
122+22 construction agency before the bidding as the prime
123+23 subdivision of work, provided that all payments will be made
124+24 directly to the contractors for the 5 subdivisions of work
125+25 upon compliance with the conditions of the contract.
126+26 For Beginning on the effective date of this amendatory Act
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137+1 of the 101st General Assembly and through December 31, 2025,
138+2 for single prime projects: (i) the bid of the successful low
139+3 bidder shall identify the name of the subcontractor, if any,
140+4 and the bid proposal costs for each of the 5 subdivisions of
141+5 work set forth in this Section; (ii) the contract entered into
142+6 with the successful bidder shall provide that no identified
143+7 subcontractor may be terminated without the written consent of
144+8 the Capital Development Board; (iii) the contract shall comply
145+9 with the disadvantaged business practices of the Business
146+10 Enterprise for Minorities, Women, and Persons with
147+11 Disabilities Act and the equal employment practices of Section
148+12 2-105 of the Illinois Human Rights Act; and (iv) the Capital
149+13 Development Board shall submit an annual report to the General
150+14 Assembly and Governor on the bidding, award, and performance
151+15 of all single prime projects.
152+16 Until December 31, 2023, for For building construction
153+17 projects with a total construction cost valued at $5,000,000
154+18 or less, the Capital Development Board shall not use the
155+19 single prime procurement delivery method for more than 50% of
156+20 the total number of projects bid for each fiscal year. Until
157+21 December 31, 2023, any Any project with a total construction
158+22 cost valued greater than $5,000,000 may be bid using single
159+23 prime at the discretion of the Executive Director of the
160+24 Capital Development Board.
161+25 For contracts entered into on or after January 1, 2024,
162+26 the Capital Development Board shall determine whether the
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173+1 single prime procurement delivery method is to be pursued.
174+2 Before electing to use single prime on a project, the Capital
175+3 Development Board must make a written determination that must
176+4 include a description as to the particular advantages of the
177+5 single prime procurement method for that project and an
178+6 evaluation of the items in paragraphs (1) through (4). The
179+7 chief procurement officer must review the Capital Development
180+8 Board's determination and consider the adequacy of information
181+9 in paragraphs (1) through (4) to determine whether the Capital
182+10 Development Board may proceed with single prime. Approval by
183+11 the chief procurement officer shall not be unreasonably
184+12 withheld. The following factors must be considered by the
185+13 chief procurement officer in any determination:
186+14 (1) The benefit that using the single prime
187+15 procurement method will have on the Capital Development
188+16 Board's ability to increase participation of
189+17 minority-owned firms, woman-owned firms, firms owned by
190+18 persons with a disability, and veteran-owned firms.
191+19 (2) The likelihood that single prime will be in the
192+20 best interest of the State by providing a material savings
193+21 of time or cost over the multiple prime delivery system.
194+22 The best interest of the State justification must show the
195+23 specific benefits of using the single prime method,
196+24 including documentation of the estimates or scheduling
197+25 impacts of any of the following: project complexity and
198+26 trade coordination required, length of project,
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209+1 availability of skilled workforce, geographic area,
210+2 project timelines, project budget, ability to secure
211+3 minority, women, persons with disabilities and veteran
212+4 participation, or other information.
213+5 (3) The type and size of the project and its
214+6 suitability to the single prime procurement method.
215+7 (4) Whether the project will comply with the
216+8 underrepresented business and equal employment practices
217+9 of the State, as established in the Business Enterprise
218+10 for Minorities, Women, and Persons with Disabilities Act,
219+11 Section 45-57 of this Code, and Section 2-105 of the
220+12 Illinois Human Rights Act.
221+13 If the chief procurement officer finds that the Capital
222+14 Development Board's written determination is insufficient, the
223+15 Capital Development Board shall have the opportunity to cure
224+16 its determination. Within 15 days of receiving approval from
225+17 the chief procurement officer, the Capital Development Board
226+18 shall provide an advisory copy of the written determination to
227+19 the Procurement Policy Board and the Commission on Equity and
228+20 Inclusion. The Capital Development Board must maintain the
229+21 full record of determination for 5 years.
230+22 (a-5) Beginning on the effective date of this amendatory
231+23 Act of the 102nd General Assembly and through December 31,
232+24 2025, for single prime projects in which a public institution
233+25 of higher education is a construction agency awarding building
234+26 construction contracts in excess of $250,000, separate
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245+1 specifications may be prepared for all equipment, labor, and
246+2 materials in connection with the 5 subdivisions of work
247+3 enumerated in subsection (a). Any public institution of higher
248+4 education contract awarded for any part thereof may award 2 or
249+5 more of the 5 subdivisions of work together or separately to
250+6 responsible and reliable persons, firms, or corporations
251+7 engaged in these classes of work if: (i) the public
252+8 institution of higher education has submitted to the
253+9 Procurement Policy Board and the Commission on Equity and
254+10 Inclusion a written notice that includes the reasons for using
255+11 the single prime method and an explanation of why the use of
256+12 that method is in the best interest of the State and arranges
257+13 to have the notice posted on the institution's online
258+14 procurement webpage and its online procurement bulletin at
259+15 least 3 business days following submission to the Procurement
260+16 Policy Board and the Commission on Equity and Inclusion; (ii)
261+17 the successful low bidder has prequalified with the public
262+18 institution of higher education; (iii) the bid of the
263+19 successful low bidder identifies the name of the
264+20 subcontractor, if any, and the bid proposal costs for each of
265+21 the 5 subdivisions of work set forth in subsection (a); (iv)
266+22 the contract entered into with the successful bidder provides
267+23 that no identified subcontractor may be terminated without the
268+24 written consent of the public institution of higher education;
269+25 and (v) the successful low bidder has prequalified with the
270+26 University of Illinois or with the Capital Development Board.
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281+1 For building construction projects with a total
282+2 construction cost valued at $20,000,000 or less, public
283+3 institutions of higher education shall not use the single
284+4 prime delivery method for more than 50% of the total number of
285+5 projects bid for each fiscal year. Projects with a total
286+6 construction cost valued at $20,000,000 or more may be bid
287+7 using the single prime delivery method at the discretion of
288+8 the public institution of higher education. With respect to
289+9 any construction project described in this subsection (a-5),
290+10 the public institution of higher education shall: (i) specify
291+11 in writing as a public record that the project shall comply
292+12 with the Business Enterprise for Minorities, Women, and
293+13 Persons with Disabilities Act and the equal employment
294+14 practices of Section 2-105 of the Illinois Human Rights Act;
295+15 and (ii) report annually to the Governor, General Assembly,
296+16 Procurement Policy Board, and Auditor General on the bidding,
297+17 award, and performance of all single prime projects. On and
298+18 after the effective date of this amendatory Act of the 102nd
299+19 General Assembly, the public institution of higher education
300+20 may award in each fiscal year single prime contracts with an
301+21 aggregate total value of no more than $100,000,000. The Board
302+22 of Trustees of the University of Illinois may award in each
303+23 fiscal year single prime contracts with an aggregate total
304+24 value of not more than $300,000,000.
305+25 (b) For public institutions of higher education, the The
306+26 provisions of this subsection are operative on and after
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317+1 January 1, 2026. For building construction contracts in excess
318+2 of $250,000, separate specifications shall be prepared for all
319+3 equipment, labor, and materials in connection with the
320+4 following 5 subdivisions of the work to be performed:
321+5 (1) plumbing;
322+6 (2) heating, piping, refrigeration, and automatic
323+7 temperature control systems, including the testing and
324+8 balancing of those systems;
325+9 (3) ventilating and distribution systems for
326+10 conditioned air, including the testing and balancing of
327+11 those systems;
328+12 (4) electric wiring; and
329+13 (5) general contract work.
330+14 The specifications must be so drawn as to permit separate
331+15 and independent bidding upon each of the 5 subdivisions of
332+16 work. All contracts awarded for any part thereof shall award
333+17 the 5 subdivisions of work separately to responsible and
334+18 reliable persons, firms, or corporations engaged in these
335+19 classes of work. The contracts, at the discretion of the
336+20 construction agency, may be assigned to the successful bidder
337+21 on the general contract work or to the successful bidder on the
338+22 subdivision of work designated by the construction agency
339+23 before the bidding as the prime subdivision of work, provided
340+24 that all payments will be made directly to the contractors for
341+25 the 5 subdivisions of work upon compliance with the conditions
342+26 of the contract.
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352+ HB2878 Re-Enrolled - 11 - LRB103 30786 RJT 57276 b
353+1 (Source: P.A. 101-369, eff. 12-15-19; 101-645, eff. 6-26-20;
354+2 102-671, eff. 11-30-21; 102-1119, eff. 1-23-23.)
355+3 (30 ILCS 500/33-5)
356+4 Sec. 33-5. Definitions. In this Article:
357+5 "Construction management services" includes:
358+6 (1) services provided in the planning and
359+7 pre-construction phases of a construction project
360+8 including, but not limited to, consulting with, advising,
361+9 assisting, and making recommendations to the Board and
362+10 architect, engineer, or licensed land surveyor on all
363+11 aspects of planning for project construction; reviewing
364+12 all plans and specifications as they are being developed
365+13 and making recommendations with respect to construction
366+14 feasibility, availability of material and labor, time
367+15 requirements for procurement and construction, and
368+16 projected costs; making, reviewing, and refining budget
369+17 estimates based on the Board's program and other available
370+18 information; making recommendations to the Board and the
371+19 architect or engineer regarding the division of work in
372+20 the plans and specifications to facilitate the bidding and
373+21 awarding of contracts; soliciting the interest of capable
374+22 contractors and taking bids on the project; analyzing the
375+23 bids received; and preparing and maintaining a progress
376+24 schedule during the design phase of the project and
377+25 preparation of a proposed construction schedule; and
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387+ HB2878 Re-Enrolled - 12 - LRB103 30786 RJT 57276 b
388+1 (2) services provided in the construction phase of the
389+2 project including, but not limited to, maintaining
390+3 competent supervisory staff to coordinate and provide
391+4 general direction of the work and progress of the
392+5 contractors on the project; directing the work as it is
393+6 being performed for general conformance with working
394+7 drawings and specifications; establishing procedures for
395+8 coordinating among the Board, architect or engineer,
396+9 contractors, and construction manager with respect to all
397+10 aspects of the project and implementing those procedures;
398+11 maintaining job site records and making appropriate
399+12 progress reports; implementing labor policy in conformance
400+13 with the requirements of the public owner; reviewing the
401+14 safety and equal opportunity programs of each contractor
402+15 for conformance with the public owner's policy and making
403+16 recommendations; reviewing and processing all applications
404+17 for payment by involved contractors and material suppliers
405+18 in accordance with the terms of the contract; making
406+19 recommendations and processing requests for changes in the
407+20 work and maintaining records of change orders; scheduling
408+21 and conducting job meetings to ensure orderly progress of
409+22 the work; developing and monitoring a project progress
410+23 schedule, coordinating and expediting the work of all
411+24 contractors and providing periodic status reports to the
412+25 owner and the architect or engineer; and establishing and
413+26 maintaining a cost control system and conducting meetings
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423+ HB2878 Re-Enrolled - 13 - LRB103 30786 RJT 57276 b
424+1 to review costs.
425+2 "Construction manager" means any individual, sole
426+3 proprietorship, firm, partnership, corporation, or other legal
427+4 entity providing construction management services for the
428+5 Board and prequalified by the State in accordance with 30 ILCS
429+6 500/33-10.
430+7 "Board" means the Capital Development Board or, to the
431+8 extent that the services are to be procured by for a public
432+9 institution of higher education, the public institution of
433+10 higher education.
434+11 (Source: P.A. 102-1119, eff. 1-23-23.)
435+12 (30 ILCS 500/45-105)
436+13 Sec. 45-105. Bid preference for Illinois businesses.
437+14 (a) (Blank). For the purposes of this Section:
438+15 "Illinois business" means a contractor that: (i) is
439+16 headquartered in Illinois and providing, at the time that an
440+17 invitation for a bid or notice of contract opportunity is
441+18 first advertised, construction or construction-related
442+19 professional services for Illinois-based projects; (ii)
443+20 conducts meaningful day-to-day business operations at a
444+21 facility in Illinois that is the place of employment for the
445+22 majority of its regular, full-time workforce; (iii) holds all
446+23 appropriate State licenses; and (iv) is subject to applicable
447+24 State taxes. "Illinois business" does not include any
448+25 subcontractors.
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458+ HB2878 Re-Enrolled - 14 - LRB103 30786 RJT 57276 b
459+1 "Illinois-based project" means an individual project of
460+2 construction and other construction-related services for a
461+3 construction agency that will result in the conduct of
462+4 business within the State or the employment of individuals
463+5 within the State.
464+6 (b) It is hereby declared to be the public policy of the
465+7 State of Illinois to promote the economy of Illinois through
466+8 the use of Illinois businesses for all State construction
467+9 contracts.
468+10 (c) Construction agencies procuring construction and
469+11 construction-related professional services shall make
470+12 reasonable efforts to contract with Illinois businesses.
471+13 (d) Beginning in 2022, each construction agency shall
472+14 submit a report to the Governor and the General Assembly by
473+15 September 1 of each year that identifies the Illinois
474+16 businesses procured by the construction agency, the primary
475+17 location of the construction project, the percentage of the
476+18 construction agency's utilization of Illinois businesses on
477+19 the project as a whole, and the actions that the construction
478+20 agency has undertaken to increase the use of Illinois
479+21 businesses.
480+22 (e) In procuring construction and construction-related
481+23 professional services for projects with a total value that
482+24 exceeds the small purchase maximum established by Section
483+25 20-20 of this Code with a total construction cost of more than
484+26 $100,000, construction agencies shall provide a bid preference
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495+1 to a responsive and responsible bidder that is an Illinois
496+2 business as defined in this Section. The construction agency
497+3 shall allocate to the lowest bid by an Illinois business that
498+4 is responsible and responsive any responsible bidder that is
499+5 an Illinois business a bid preference of 4% of the contract
500+6 base bid. This subsection applies only to projects where a
501+7 business that is not an Illinois business submits a bid.
502+8 (f) This Section does not apply to any contract for any
503+9 project for which federal funds are available for expenditure
504+10 when its provisions may be in conflict with federal law or
505+11 federal regulation.
506+12 (g) As used in this Section, "Illinois business" means a
507+13 contractor that is operating and headquartered in Illinois and
508+14 providing, at the time that an invitation for a bid or notice
509+15 of contract opportunity is first advertised, construction or
510+16 construction-related professional services, and is operating
511+17 as:
512+18 (1) a sole proprietor whose primary residence is in
513+19 Illinois;
514+20 (2) a business incorporated or organized as a domestic
515+21 corporation under the Business Corporation Act of 1983;
516+22 (3) a business organized as a domestic partnership
517+23 under the Uniform Partnership Act of 1997;
518+24 (4) a business organized as a domestic limited
519+25 partnership under the Uniform Limited Partnership Act of
520+26 2001;
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531+1 (5) a business organized under the Limited Liability
532+2 Company Act; or
533+3 (6) a business organized under the Professional
534+4 Limited Liability Company Act.
535+5 "Illinois business" does not include any subcontractors.
536+6 (Source: P.A. 102-721, eff. 1-1-23.)
537+7 ARTICLE 15. AWARD TO NOT-FOR-PROFIT AGENCY FOR PERSONS WITH
538+8 SIGNIFICANT DISABILITIES
539+9 Section 15-5. The Governmental Joint Purchasing Act is
540+10 amended by changing Section 4.05 as follows:
541+11 (30 ILCS 525/4.05)
542+12 Sec. 4.05. Other methods of joint purchases.
543+13 (a) It may be determined that it is impractical to obtain
544+14 competition because either (i) there is only one
545+15 economically-feasible source for the item, or (ii) there is a
546+16 threat to public health or public safety, or when immediate
547+17 expenditure is necessary either to prevent or minimize serious
548+18 disruption in critical State services that affect health,
549+19 safety, or collection of substantial State revenues, or to
550+20 ensure the integrity of State records, or (iii) it is in the
551+21 best interest of the State to award a contract to a qualified
552+22 not-for-profit agency for persons with significant
553+23 disabilities under Section 45-35 of the Illinois Procurement
554+
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563+ HB2878 Re-Enrolled - 17 - LRB103 30786 RJT 57276 b
564+1 Code.
565+2 (b) When the State of Illinois is a party to the joint
566+3 purchase agreement, the applicable chief procurement officer
567+4 shall make a determination regarding whether (i) whether there
568+5 is only one economically feasible source for the item, or (ii)
569+6 whether that there exists a threat to public health or public
570+7 safety or that immediate expenditure is necessary to prevent
571+8 or minimize serious disruption in critical State services, or
572+9 (iii) whether the contract is eligible to be awarded to a
573+10 not-for-profit agency for persons with significant
574+11 disabilities under Section 45-35 of the Illinois Procurement
575+12 Code.
576+13 (c) When there is only one economically feasible source
577+14 for the item, the chief procurement officer may authorize a
578+15 sole economically-feasible source contract. When there exists
579+16 a threat to public health or public safety or when immediate
580+17 expenditure is necessary to prevent or minimize serious
581+18 disruption in critical State services, the chief procurement
582+19 officer may authorize an emergency procurement without
583+20 competitive sealed bidding or competitive sealed proposals or
584+21 prior notice. When an agency requests to award a contract to a
585+22 not-for-profit agency for persons with significant
586+23 disabilities under Section 45-35 of the Illinois Procurement
587+24 Code, the chief procurement officer may authorize the award.
588+25 (d) All joint purchases made pursuant to this Section
589+26 shall follow the same procedures for sole source contracts in
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599+ HB2878 Re-Enrolled - 18 - LRB103 30786 RJT 57276 b
600+1 the Illinois Procurement Code when the chief procurement
601+2 officer determines there is only one economically-feasible
602+3 source for the item. All joint purchases made pursuant to this
603+4 Section shall follow the same procedures for emergency
604+5 purchases in the Illinois Procurement Code when the chief
605+6 procurement officer determines immediate expenditure is
606+7 necessary to prevent or minimize serious disruption in
607+8 critical State services that affect health, safety, or
608+9 collection of substantial State revenues, or to ensure the
609+10 integrity of State records. All joint purchases made under
610+11 this Section shall follow the same procedures for
611+12 not-for-profit agencies for persons with significant
612+13 disabilities under Section 45-35 of the Illinois Procurement
613+14 Code when the chief procurement officer determines that it is
614+15 in the best interest of the State.
615+16 (e) Each chief procurement officer shall submit to the
616+17 General Assembly by November 1 of each year a report of
617+18 procurements made under this Section.
618+19 (Source: P.A. 100-43, eff. 8-9-17.)
619+20 ARTICLE 20. VETERANS PREFERENCES
620+21 Section 20-5. The Illinois Procurement Code is amended by
621+22 changing Section 45-57 as follows:
622+23 (30 ILCS 500/45-57)
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632+ HB2878 Re-Enrolled - 19 - LRB103 30786 RJT 57276 b
633+1 Sec. 45-57. Veterans.
634+2 (a) Set-aside goal. It is the goal of the State to promote
635+3 and encourage the continued economic development of small
636+4 businesses owned and controlled by qualified veterans and that
637+5 qualified service-disabled veteran-owned small businesses
638+6 (referred to as SDVOSB) and veteran-owned small businesses
639+7 (referred to as VOSB) participate in the State's procurement
640+8 process as both prime contractors and subcontractors. Not less
641+9 than 3% of the total dollar amount of State contracts, as
642+10 defined by the Commission on Equity and Inclusion, shall be
643+11 established as a goal to be awarded to SDVOSB and VOSB. That
644+12 portion of a contract under which the contractor subcontracts
645+13 with a SDVOSB or VOSB may be counted toward the goal of this
646+14 subsection. The Commission on Equity and Inclusion shall adopt
647+15 rules to implement compliance with this subsection by all
648+16 State agencies.
649+17 (b) Fiscal year reports. By each November 1, each chief
650+18 procurement officer shall report to the Commission on Equity
651+19 and Inclusion on all of the following for the immediately
652+20 preceding fiscal year, and by each March 1 the Commission on
653+21 Equity and Inclusion shall compile and report that information
654+22 to the General Assembly:
655+23 (1) The total number of VOSB, and the number of
656+24 SDVOSB, who submitted bids for contracts under this Code.
657+25 (2) The total number of VOSB, and the number of
658+26 SDVOSB, who entered into contracts with the State under
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669+1 this Code and the total value of those contracts.
670+2 (b-5) The Commission on Equity and Inclusion shall submit
671+3 an annual report to the Governor and the General Assembly that
672+4 shall include the following:
673+5 (1) a year-by-year comparison of the number of
674+6 certifications the State has issued to veteran-owned small
675+7 businesses and service-disabled veteran-owned small
676+8 businesses;
677+9 (2) the obstacles, if any, the Commission on Equity
678+10 and Inclusion faces when certifying veteran-owned
679+11 businesses and possible rules or changes to rules to
680+12 address those issues;
681+13 (3) a year-by-year comparison of awarded contracts to
682+14 certified veteran-owned small businesses and
683+15 service-disabled veteran-owned small businesses; and
684+16 (4) any other information that the Commission on
685+17 Equity and Inclusion deems necessary to assist
686+18 veteran-owned small businesses and service-disabled
687+19 veteran-owned small businesses to become certified with
688+20 the State.
689+21 The Commission on Equity and Inclusion shall conduct a
690+22 minimum of 2 outreach events per year to ensure that
691+23 veteran-owned small businesses and service-disabled
692+24 veteran-owned small businesses know about the procurement
693+25 opportunities and certification requirements with the State.
694+26 The Commission on Equity and Inclusion may receive
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705+1 appropriations for outreach.
706+2 (c) Yearly review and recommendations. Each year, each
707+3 chief procurement officer shall review the progress of all
708+4 State agencies under its jurisdiction in meeting the goal
709+5 described in subsection (a), with input from statewide
710+6 veterans' service organizations and from the business
711+7 community, including businesses owned by qualified veterans,
712+8 and shall make recommendations to be included in the
713+9 Commission on Equity and Inclusion's report to the General
714+10 Assembly regarding continuation, increases, or decreases of
715+11 the percentage goal. The recommendations shall be based upon
716+12 the number of businesses that are owned by qualified veterans
717+13 and on the continued need to encourage and promote businesses
718+14 owned by qualified veterans.
719+15 (d) Governor's recommendations. To assist the State in
720+16 reaching the goal described in subsection (a), the Governor
721+17 shall recommend to the General Assembly changes in programs to
722+18 assist businesses owned by qualified veterans.
723+19 (e) Definitions. As used in this Section:
724+20 "Armed forces of the United States" means the United
725+21 States Army, Navy, Air Force, Marine Corps, Coast Guard, or
726+22 service in active duty as defined under 38 U.S.C. Section 101.
727+23 Service in the Merchant Marine that constitutes active duty
728+24 under Section 401 of federal Public Act 95-202 shall also be
729+25 considered service in the armed forces for purposes of this
730+26 Section.
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741+1 "Certification" means a determination made by the Illinois
742+2 Department of Veterans' Affairs and the Commission on Equity
743+3 and Inclusion that a business entity is a qualified
744+4 service-disabled veteran-owned small business or a qualified
745+5 veteran-owned small business for whatever purpose. A SDVOSB or
746+6 VOSB owned and controlled by women, minorities, or persons
747+7 with disabilities, as those terms are defined in Section 2 of
748+8 the Business Enterprise for Minorities, Women, and Persons
749+9 with Disabilities Act, may also select and designate whether
750+10 that business is to be certified as a "women-owned business",
751+11 "minority-owned business", or "business owned by a person with
752+12 a disability", as defined in Section 2 of the Business
753+13 Enterprise for Minorities, Women, and Persons with
754+14 Disabilities Act.
755+15 "Control" means the exclusive, ultimate, majority, or sole
756+16 control of the business, including but not limited to capital
757+17 investment and all other financial matters, property,
758+18 acquisitions, contract negotiations, legal matters,
759+19 officer-director-employee selection and comprehensive hiring,
760+20 operation responsibilities, cost-control matters, income and
761+21 dividend matters, financial transactions, and rights of other
762+22 shareholders or joint partners. Control shall be real,
763+23 substantial, and continuing, not pro forma. Control shall
764+24 include the power to direct or cause the direction of the
765+25 management and policies of the business and to make the
766+26 day-to-day as well as major decisions in matters of policy,
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777+1 management, and operations. Control shall be exemplified by
778+2 possessing the requisite knowledge and expertise to run the
779+3 particular business, and control shall not include simple
780+4 majority or absentee ownership.
781+5 "Qualified service-disabled veteran" means a veteran who
782+6 has been found to have 10% or more service-connected
783+7 disability by the United States Department of Veterans Affairs
784+8 or the United States Department of Defense.
785+9 "Qualified service-disabled veteran-owned small business"
786+10 or "SDVOSB" means a small business (i) that is at least 51%
787+11 owned by one or more qualified service-disabled veterans
788+12 living in Illinois or, in the case of a corporation, at least
789+13 51% of the stock of which is owned by one or more qualified
790+14 service-disabled veterans living in Illinois; (ii) that has
791+15 its home office in Illinois; and (iii) for which items (i) and
792+16 (ii) are factually verified annually by the Commission on
793+17 Equity and Inclusion.
794+18 "Qualified veteran-owned small business" or "VOSB" means a
795+19 small business (i) that is at least 51% owned by one or more
796+20 qualified veterans living in Illinois or, in the case of a
797+21 corporation, at least 51% of the stock of which is owned by one
798+22 or more qualified veterans living in Illinois; (ii) that has
799+23 its home office in Illinois; and (iii) for which items (i) and
800+24 (ii) are factually verified annually by the Commission on
801+25 Equity and Inclusion.
802+26 "Service-connected disability" means a disability incurred
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813+1 in the line of duty in the active military, naval, or air
814+2 service as described in 38 U.S.C. 101(16).
815+3 "Small business" means a business that has annual gross
816+4 sales of less than $150,000,000 $75,000,000 as evidenced by
817+5 the federal income tax return of the business. A firm with
818+6 gross sales in excess of this cap may apply to the Commission
819+7 on Equity and Inclusion for certification for a particular
820+8 contract if the firm can demonstrate that the contract would
821+9 have significant impact on SDVOSB or VOSB as suppliers or
822+10 subcontractors or in employment of veterans or
823+11 service-disabled veterans.
824+12 "State agency" has the meaning provided in Section
825+13 1-15.100 of this Code.
826+14 "Time of hostilities with a foreign country" means any
827+15 period of time in the past, present, or future during which a
828+16 declaration of war by the United States Congress has been or is
829+17 in effect or during which an emergency condition has been or is
830+18 in effect that is recognized by the issuance of a Presidential
831+19 proclamation or a Presidential executive order and in which
832+20 the armed forces expeditionary medal or other campaign service
833+21 medals are awarded according to Presidential executive order.
834+22 "Veteran" means a person who (i) has been a member of the
835+23 armed forces of the United States or, while a citizen of the
836+24 United States, was a member of the armed forces of allies of
837+25 the United States in time of hostilities with a foreign
838+26 country and (ii) has served under one or more of the following
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849+1 conditions: (a) the veteran served a total of at least 6
850+2 months; (b) the veteran served for the duration of hostilities
851+3 regardless of the length of the engagement; (c) the veteran
852+4 was discharged on the basis of hardship; or (d) the veteran was
853+5 released from active duty because of a service connected
854+6 disability and was discharged under honorable conditions.
855+7 (f) Certification program. The Illinois Department of
856+8 Veterans' Affairs and the Commission on Equity and Inclusion
857+9 shall work together to devise a certification procedure to
858+10 assure that businesses taking advantage of this Section are
859+11 legitimately classified as qualified service-disabled
860+12 veteran-owned small businesses or qualified veteran-owned
861+13 small businesses.
862+14 The Commission on Equity and Inclusion shall:
863+15 (1) compile and maintain a comprehensive list of
864+16 certified veteran-owned small businesses and
865+17 service-disabled veteran-owned small businesses;
866+18 (2) assist veteran-owned small businesses and
867+19 service-disabled veteran-owned small businesses in
868+20 complying with the procedures for bidding on State
869+21 contracts;
870+22 (3) provide training for State agencies regarding the
871+23 goal setting process and compliance with veteran-owned
872+24 small business and service-disabled veteran-owned small
873+25 business goals; and
874+26 (4) implement and maintain an electronic portal on the
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884+ HB2878 Re-Enrolled - 26 - LRB103 30786 RJT 57276 b
885+1 Commission on Equity and Inclusion's website for the
886+2 purpose of completing and submitting veteran-owned small
887+3 business and service-disabled veteran-owned small business
888+4 certificates.
889+5 The Commission on Equity and Inclusion, in consultation
890+6 with the Department of Veterans' Affairs, may develop programs
891+7 and agreements to encourage cities, counties, towns,
892+8 townships, and other certifying entities to adopt uniform
893+9 certification procedures and certification recognition
894+10 programs.
895+11 (f-5) A business shall be certified by the Commission on
896+12 Equity and Inclusion as a service-disabled veteran-owned small
897+13 business or a veteran-owned small business for purposes of
898+14 this Section if the Commission on Equity and Inclusion
899+15 determines that the business has been certified as a
900+16 service-disabled veteran-owned small business or a
901+17 veteran-owned small business by the Vets First Verification
902+18 Program of the United States Department of Veterans Affairs,
903+19 and the business has provided to the Commission on Equity and
904+20 Inclusion the following:
905+21 (1) documentation showing certification as a
906+22 service-disabled veteran-owned small business or a
907+23 veteran-owned small business by the Vets First
908+24 Verification Program of the United States Department of
909+25 Veterans Affairs;
910+26 (2) proof that the business has its home office in
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920+ HB2878 Re-Enrolled - 27 - LRB103 30786 RJT 57276 b
921+1 Illinois; and
922+2 (3) proof that the qualified veterans or qualified
923+3 service-disabled veterans live in the State of Illinois.
924+4 The policies of the Commission on Equity and Inclusion
925+5 regarding recognition of the Vets First Verification Program
926+6 of the United States Department of Veterans Affairs shall be
927+7 reviewed annually by the Commission on Equity and Inclusion,
928+8 and recognition of service-disabled veteran-owned small
929+9 businesses and veteran-owned small businesses certified by the
930+10 Vets First Verification Program of the United States
931+11 Department of Veterans Affairs may be discontinued by the
932+12 Commission on Equity and Inclusion by rule upon a finding that
933+13 the certification standards of the Vets First Verification
934+14 Program of the United States Department of Veterans Affairs do
935+15 not meet the certification requirements established by the
936+16 Commission on Equity and Inclusion.
937+17 (g) Penalties.
938+18 (1) Administrative penalties. The chief procurement
939+19 officers appointed pursuant to Section 10-20 shall suspend
940+20 any person who commits a violation of Section 17-10.3 or
941+21 subsection (d) of Section 33E-6 of the Criminal Code of
942+22 2012 relating to this Section from bidding on, or
943+23 participating as a contractor, subcontractor, or supplier
944+24 in, any State contract or project for a period of not less
945+25 than 3 years, and, if the person is certified as a
946+26 service-disabled veteran-owned small business or a
947+
948+
949+
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953+
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956+ HB2878 Re-Enrolled - 28 - LRB103 30786 RJT 57276 b
957+1 veteran-owned small business, then the Commission on
958+2 Equity and Inclusion shall revoke the business's
959+3 certification for a period of not less than 3 years. An
960+4 additional or subsequent violation shall extend the
961+5 periods of suspension and revocation for a period of not
962+6 less than 5 years. The suspension and revocation shall
963+7 apply to the principals of the business and any subsequent
964+8 business formed or financed by, or affiliated with, those
965+9 principals.
966+10 (2) Reports of violations. Each State agency shall
967+11 report any alleged violation of Section 17-10.3 or
968+12 subsection (d) of Section 33E-6 of the Criminal Code of
969+13 2012 relating to this Section to the chief procurement
970+14 officers appointed pursuant to Section 10-20. The chief
971+15 procurement officers appointed pursuant to Section 10-20
972+16 shall subsequently report all such alleged violations to
973+17 the Attorney General, who shall determine whether to bring
974+18 a civil action against any person for the violation.
975+19 (3) List of suspended persons. The chief procurement
976+20 officers appointed pursuant to Section 10-20 shall monitor
977+21 the status of all reported violations of Section 17-10.3
978+22 or subsection (d) of Section 33E-6 of the Criminal Code of
979+23 1961 or the Criminal Code of 2012 relating to this Section
980+24 and shall maintain and make available to all State
981+25 agencies a central listing of all persons that committed
982+26 violations resulting in suspension.
983+
984+
985+
986+
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989+
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992+ HB2878 Re-Enrolled - 29 - LRB103 30786 RJT 57276 b
993+1 (4) Use of suspended persons. During the period of a
994+2 person's suspension under paragraph (1) of this
995+3 subsection, a State agency shall not enter into any
996+4 contract with that person or with any contractor using the
997+5 services of that person as a subcontractor.
998+6 (5) Duty to check list. Each State agency shall check
999+7 the central listing provided by the chief procurement
1000+8 officers appointed pursuant to Section 10-20 under
1001+9 paragraph (3) of this subsection to verify that a person
1002+10 being awarded a contract by that State agency, or to be
1003+11 used as a subcontractor or supplier on a contract being
1004+12 awarded by that State agency, is not under suspension
1005+13 pursuant to paragraph (1) of this subsection.
1006+14 (h) On and after the effective date of this amendatory Act
1007+15 of the 102nd General Assembly, all powers, duties, rights, and
1008+16 responsibilities of the Department of Central Management
1009+17 Services with respect to the requirements of this Section are
1010+18 transferred to the Commission on Equity and Inclusion.
1011+19 All books, records, papers, documents, property (real and
1012+20 personal), contracts, causes of action, and pending business
1013+21 pertaining to the powers, duties, rights, and responsibilities
1014+22 transferred by this amendatory Act from the Department of
1015+23 Central Management Services to the Commission on Equity and
1016+24 Inclusion, including, but not limited to, material in
1017+25 electronic or magnetic format and necessary computer hardware
1018+26 and software, shall be transferred to the Commission on Equity
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1025+
1026+
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1028+ HB2878 Re-Enrolled - 30 - LRB103 30786 RJT 57276 b
1029+1 and Inclusion.
1030+2 The powers, duties, rights, and responsibilities
1031+3 transferred from the Department of Central Management Services
1032+4 by this amendatory Act shall be vested in and shall be
1033+5 exercised by the Commission on Equity and Inclusion.
1034+6 Whenever reports or notices are now required to be made or
1035+7 given or papers or documents furnished or served by any person
1036+8 to or upon the Department of Central Management Services in
1037+9 connection with any of the powers, duties, rights, and
1038+10 responsibilities transferred by this amendatory Act, the same
1039+11 shall be made, given, furnished, or served in the same manner
1040+12 to or upon the Commission on Equity and Inclusion.
1041+13 This amendatory Act of the 102nd General Assembly does not
1042+14 affect any act done, ratified, or canceled or any right
1043+15 occurring or established or any action or proceeding had or
1044+16 commenced in an administrative, civil, or criminal cause by
1045+17 the Department of Central Management Services before this
1046+18 amendatory Act takes effect; such actions or proceedings may
1047+19 be prosecuted and continued by the Commission on Equity and
1048+20 Inclusion.
1049+21 Any rules of the Department of Central Management Services
1050+22 that relate to its powers, duties, rights, and
1051+23 responsibilities under this Section and are in full force on
1052+24 the effective date of this amendatory Act of the 102nd General
1053+25 Assembly shall become the rules of the Commission on Equity
1054+26 and Inclusion. This amendatory Act does not affect the
1055+
1056+
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1061+
1062+
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1064+ HB2878 Re-Enrolled - 31 - LRB103 30786 RJT 57276 b
1065+1 legality of any such rules in the Illinois Administrative
1066+2 Code. Any proposed rules filed with the Secretary of State by
1067+3 the Department of Central Management Services that are pending
1068+4 in the rulemaking process on the effective date of this
1069+5 amendatory Act and pertain to the powers, duties, rights, and
1070+6 responsibilities transferred, shall be deemed to have been
1071+7 filed by the Commission on Equity and Inclusion. As soon as
1072+8 practicable hereafter, the Commission on Equity and Inclusion
1073+9 shall revise and clarify the rules transferred to it under
1074+10 this amendatory Act to reflect the reorganization of powers,
1075+11 duties, rights, and responsibilities affected by this
1076+12 amendatory Act, using the procedures for recodification of
1077+13 rules available under the Illinois Administrative Procedure
1078+14 Act, except that existing title, part, and section numbering
1079+15 for the affected rules may be retained. The Commission on
1080+16 Equity and Inclusion may propose and adopt under the Illinois
1081+17 Administrative Procedure Act such other rules of the
1082+18 Department of Central Management Services that will now be
1083+19 administered by the Commission on Equity and Inclusion.
1084+20 (Source: P.A. 102-166, eff. 7-26-21; 102-671, eff. 11-30-21.)
1085+21 ARTICLE 25. SMALL BUSINESS SET-ASIDE REPORTING
1086+22 Section 25-5. The Illinois Procurement Code is amended by
1087+23 changing Section 45-45 as follows:
1088+
1089+
1090+
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1097+ HB2878 Re-Enrolled - 32 - LRB103 30786 RJT 57276 b
1098+1 (30 ILCS 500/45-45)
1099+2 Sec. 45-45. Small businesses.
1100+3 (a) Set-asides. Each chief procurement officer has
1101+4 authority to designate as small business set-asides a fair
1102+5 proportion of construction, supply, and service contracts for
1103+6 award to small businesses in Illinois. Advertisements for bids
1104+7 or offers for those contracts shall specify designation as
1105+8 small business set-asides. In awarding the contracts, only
1106+9 bids or offers from qualified small businesses shall be
1107+10 considered.
1108+11 (b) Small business. "Small business" means a business that
1109+12 is independently owned and operated and that is not dominant
1110+13 in its field of operation. The chief procurement officer shall
1111+14 establish a detailed definition by rule, using in addition to
1112+15 the foregoing criteria other criteria, including the number of
1113+16 employees and the dollar volume of business. When computing
1114+17 the size status of a potential contractor, annual sales and
1115+18 receipts of the potential contractor and all of its affiliates
1116+19 shall be included. The maximum number of employees and the
1117+20 maximum dollar volume that a small business may have under the
1118+21 rules promulgated by the chief procurement officer may vary
1119+22 from industry to industry to the extent necessary to reflect
1120+23 differing characteristics of those industries, subject to the
1121+24 following limitations:
1122+25 (1) No wholesale business is a small business if its
1123+26 annual sales for its most recently completed fiscal year
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1131+
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1134+1 exceed $13,000,000.
1135+2 (2) No retail business or business selling services is
1136+3 a small business if its annual sales and receipts exceed
1137+4 $8,000,000.
1138+5 (3) No manufacturing business is a small business if
1139+6 it employs more than 250 persons.
1140+7 (4) No construction business is a small business if
1141+8 its annual sales and receipts exceed $14,000,000.
1142+9 (c) Fair proportion. For the purpose of subsection (a),
1143+10 for State agencies of the executive branch, a fair proportion
1144+11 of construction contracts shall be no less than 25% nor more
1145+12 than 40% of the annual total contracts for construction.
1146+13 (d) Withdrawal of designation. A small business set-aside
1147+14 designation may be withdrawn by the purchasing agency when
1148+15 deemed in the best interests of the State. Upon withdrawal,
1149+16 all bids or offers shall be rejected, and the bidders or
1150+17 offerors shall be notified of the reason for rejection. The
1151+18 contract shall then be awarded in accordance with this Code
1152+19 without the designation of small business set-aside. Each
1153+20 chief procurement officer shall make the annual report
1154+21 available on his or her official website. Each chief
1155+22 procurement officer shall also issue a press release in
1156+23 conjunction with the small business annual report that
1157+24 includes an executive summary of the annual report and a link
1158+25 to the annual report on the chief procurement officer's
1159+26 website.
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1169+ HB2878 Re-Enrolled - 34 - LRB103 30786 RJT 57276 b
1170+1 (e) Small business specialist. Each chief procurement
1171+2 officer shall designate one or more individuals to serve as
1172+3 its small business specialist. The small business specialists
1173+4 shall collectively work together to accomplish the following
1174+5 duties:
1175+6 (1) Compiling and maintaining a comprehensive list of
1176+7 potential small contractors. In this duty, he or she shall
1177+8 cooperate with the Federal Small Business Administration
1178+9 in locating potential sources for various products and
1179+10 services.
1180+11 (2) Assisting small businesses in complying with the
1181+12 procedures for bidding on State contracts.
1182+13 (3) Examining requests from State agencies for the
1183+14 purchase of property or services to help determine which
1184+15 invitations to bid are to be designated small business
1185+16 set-asides.
1186+17 (4) Making recommendations to the chief procurement
1187+18 officer for the simplification of specifications and terms
1188+19 in order to increase the opportunities for small business
1189+20 participation.
1190+21 (5) Assisting in investigations by purchasing agencies
1191+22 to determine the responsibility of bidders or offerors on
1192+23 small business set-asides.
1193+24 (f) Small business annual report. Each small business
1194+25 specialist designated under subsection (e) shall annually
1195+26 before November 1 report in writing to the General Assembly
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1206+1 concerning the awarding of contracts to small businesses. The
1207+2 report shall include the total value of awards made in the
1208+3 preceding fiscal year under the designation of small business
1209+4 set-aside. The report shall also include the total value of
1210+5 awards made to businesses owned by minorities, women, and
1211+6 persons with disabilities, as defined in the Business
1212+7 Enterprise for Minorities, Women, and Persons with
1213+8 Disabilities Act, in the preceding fiscal year under the
1214+9 designation of small business set-aside.
1215+10 The requirement for reporting to the General Assembly
1216+11 shall be satisfied by filing copies of the report as required
1217+12 by Section 3.1 of the General Assembly Organization Act.
1218+13 (Source: P.A. 100-43, eff. 8-9-17; 100-391, eff. 8-25-17;
1219+14 100-863, eff. 8-14-18.)
1220+15 Section 25-10. The Business Enterprise for Minorities,
1221+16 Women, and Persons with Disabilities Act is amended by
1222+17 changing Section 8f as follows:
1223+18 (30 ILCS 575/8f)
1224+19 (Section scheduled to be repealed on June 30, 2024)
1225+20 Sec. 8f. Annual report. The Council shall file no later
1226+21 than March 1 of each year, an annual report that shall detail
1227+22 the level of achievement toward the goals specified in this
1228+23 Act over the 3 most recent fiscal years. The annual report
1229+24 shall include, but need not be limited to the following:
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1240+1 (1) a summary detailing expenditures subject to the
1241+2 goals, the actual goals specified, and the goals attained
1242+3 by each State agency and public institution of higher
1243+4 education;
1244+5 (2) a summary of the number of contracts awarded and
1245+6 the average contract amount by each State agency and
1246+7 public institution of higher education;
1247+8 (3) an analysis of the level of overall goal
1248+9 achievement concerning purchases from minority-owned
1249+10 businesses, women-owned businesses, and businesses owned
1250+11 by persons with disabilities;
1251+12 (4) an analysis of the number of businesses owned by
1252+13 minorities, women, and persons with disabilities that are
1253+14 certified under the program as well as the number of those
1254+15 businesses that received State procurement contracts; and
1255+16 (5) a summary of the number of contracts awarded to
1256+17 businesses with annual gross sales of less than
1257+18 $1,000,000; of $1,000,000 or more, but less than
1258+19 $5,000,000; of $5,000,000 or more, but less than
1259+20 $10,000,000; and of $10,000,000 or more.
1260+21 The Council shall make the annual report available on its
1261+22 official website. The Council shall also issue a press release
1262+23 in conjunction with the annual report that includes an
1263+24 executive summary of the annual report and a link to the annual
1264+25 report on its official website.
1265+26 (Source: P.A. 99-462, eff. 8-25-15; 100-391, eff. 8-25-17.)
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1276+1 ARTICLE 35. CMS FACILITY LEASES
1277+2 Section 35-5. The Department of Central Management
1278+3 Services Law of the Civil Administrative Code of Illinois is
1279+4 amended by changing Section 405-300 as follows:
1280+5 (20 ILCS 405/405-300) (was 20 ILCS 405/67.02)
1281+6 Sec. 405-300. Lease or purchase of facilities; training
1282+7 programs.
1283+8 (a) To lease or purchase office and storage space,
1284+9 buildings, land, and other facilities for all State agencies,
1285+10 authorities, boards, commissions, departments, institutions,
1286+11 and bodies politic and all other administrative units or
1287+12 outgrowths of the executive branch of State government except
1288+13 the Constitutional officers, the State Board of Education and
1289+14 the State colleges and universities and their governing
1290+15 bodies. However, before leasing or purchasing any office or
1291+16 storage space, buildings, land or other facilities in any
1292+17 municipality the Department shall survey the existing
1293+18 State-owned and State-leased property to make a determination
1294+19 of need.
1295+20 The leases shall be for a term not to exceed 5 years,
1296+21 except that the leases may contain a renewal clause subject to
1297+22 acceptance by the State after that date or an option to
1298+23 purchase. The purchases shall be made through contracts that
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1309+1 (i) may provide for the title to the property to transfer
1310+2 immediately to the State or a trustee or nominee for the
1311+3 benefit of the State, (ii) shall provide for the consideration
1312+4 to be paid in installments to be made at stated intervals
1313+5 during a certain term not to exceed 30 years from the date of
1314+6 the contract, and (iii) may provide for the payment of
1315+7 interest on the unpaid balance at a rate that does not exceed a
1316+8 rate determined by adding 3 percentage points to the annual
1317+9 yield on United States Treasury obligations of comparable
1318+10 maturity as most recently published in the Wall Street Journal
1319+11 at the time such contract is signed. The leases and purchase
1320+12 contracts shall be and shall recite that they are subject to
1321+13 termination and cancellation in any year for which the General
1322+14 Assembly fails to make an appropriation to pay the rent or
1323+15 purchase installments payable under the terms of the lease or
1324+16 purchase contract. Additionally, the purchase contract shall
1325+17 specify that title to the office and storage space, buildings,
1326+18 land, and other facilities being acquired under the contract
1327+19 shall revert to the Seller in the event of the failure of the
1328+20 General Assembly to appropriate suitable funds. However, this
1329+21 limitation on the term of the leases does not apply to leases
1330+22 to and with the Illinois Building Authority, as provided for
1331+23 in the Building Authority Act. Leases to and with that
1332+24 Authority may be entered into for a term not to exceed 30 years
1333+25 and shall be and shall recite that they are subject to
1334+26 termination and cancellation in any year for which the General
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1345+1 Assembly fails to make an appropriation to pay the rent
1346+2 payable under the terms of the lease. These limitations do not
1347+3 apply if the lease or purchase contract contains a provision
1348+4 limiting the liability for the payment of the rentals or
1349+5 installments thereof solely to funds received from the Federal
1350+6 government.
1351+7 (b) To lease from an airport authority office, aircraft
1352+8 hangar, and service buildings constructed upon a public
1353+9 airport under the Airport Authorities Act for the use and
1354+10 occupancy of the State Department of Transportation. The lease
1355+11 may be entered into for a term not to exceed 30 years.
1356+12 (c) To establish training programs for teaching State
1357+13 leasing procedures and practices to new employees of the
1358+14 Department and to keep all employees of the Department
1359+15 informed about current leasing practices and developments in
1360+16 the real estate industry.
1361+17 (d) To enter into an agreement with a municipality or
1362+18 county to construct, remodel, or convert a structure for the
1363+19 purposes of its serving as a correctional institution or
1364+20 facility pursuant to paragraph (c) of Section 3-2-2 of the
1365+21 Unified Code of Corrections.
1366+22 (e) To enter into an agreement with a private individual,
1367+23 trust, partnership, or corporation or a municipality or other
1368+24 unit of local government, when authorized to do so by the
1369+25 Department of Corrections, whereby that individual, trust,
1370+26 partnership, or corporation or municipality or other unit of
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1381+1 local government will construct, remodel, or convert a
1382+2 structure for the purposes of its serving as a correctional
1383+3 institution or facility and then lease the structure to the
1384+4 Department for the use of the Department of Corrections. A
1385+5 lease entered into pursuant to the authority granted in this
1386+6 subsection shall be for a term not to exceed 30 years but may
1387+7 grant to the State the option to purchase the structure
1388+8 outright.
1389+9 The leases shall be and shall recite that they are subject
1390+10 to termination and cancellation in any year for which the
1391+11 General Assembly fails to make an appropriation to pay the
1392+12 rent payable under the terms of the lease.
1393+13 (f) On and after September 17, 1983, the powers granted to
1394+14 the Department under this Section shall be exercised
1395+15 exclusively by the Department, and no other State agency may
1396+16 concurrently exercise any such power unless specifically
1397+17 authorized otherwise by a later enacted law. This subsection
1398+18 is not intended to impair any contract existing as of
1399+19 September 17, 1983.
1400+20 However, no lease for more than 10,000 square feet of
1401+21 space shall be executed unless the Director, in consultation
1402+22 with the Executive Director of the Capital Development Board,
1403+23 has certified that leasing is in the best interest of the
1404+24 State, considering programmatic requirements, availability of
1405+25 vacant State-owned space, the cost-benefits of purchasing or
1406+26 constructing new space, and other criteria as he or she shall
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1417+1 determine. The Director shall not permit multiple leases for
1418+2 less than 10,000 square feet to be executed in order to evade
1419+3 this provision.
1420+4 (g) To develop and implement, in cooperation with the
1421+5 Interagency Energy Conservation Committee, a system for
1422+6 evaluating energy consumption in facilities leased by the
1423+7 Department, and to develop energy consumption standards for
1424+8 use in evaluating prospective lease sites.
1425+9 (h) (1) After June 1, 1998 (the effective date of Public
1426+10 Act 90-520), the Department shall not enter into an
1427+11 agreement for the installment purchase or lease purchase
1428+12 of buildings, land, or facilities unless:
1429+13 (A) the using agency certifies to the Department
1430+14 that the agency reasonably expects that the building,
1431+15 land, or facilities being considered for purchase will
1432+16 meet a permanent space need;
1433+17 (B) the building or facilities will be
1434+18 substantially occupied by State agencies after
1435+19 purchase (or after acceptance in the case of a build to
1436+20 suit);
1437+21 (C) the building or facilities shall be in new or
1438+22 like new condition and have a remaining economic life
1439+23 exceeding the term of the contract;
1440+24 (D) no structural or other major building
1441+25 component or system has a remaining economic life of
1442+26 less than 10 years;
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1453+1 (E) the building, land, or facilities:
1454+2 (i) is free of any identifiable environmental
1455+3 hazard or
1456+4 (ii) is subject to a management plan, provided
1457+5 by the seller and acceptable to the State, to
1458+6 address the known environmental hazard;
1459+7 (F) the building, land, or facilities satisfy
1460+8 applicable accessibility and applicable building
1461+9 codes; and
1462+10 (G) the State's cost to lease purchase or
1463+11 installment purchase the building, land, or facilities
1464+12 is less than the cost to lease space of comparable
1465+13 quality, size, and location over the lease purchase or
1466+14 installment purchase term.
1467+15 (2) The Department shall establish the methodology for
1468+16 comparing lease costs to the costs of installment or lease
1469+17 purchases. The cost comparison shall take into account all
1470+18 relevant cost factors, including, but not limited to, debt
1471+19 service, operating and maintenance costs, insurance and
1472+20 risk costs, real estate taxes, reserves for replacement
1473+21 and repairs, security costs, and utilities. The
1474+22 methodology shall also provide:
1475+23 (A) that the comparison will be made using level
1476+24 payment plans; and
1477+25 (B) that a purchase price must not exceed the fair
1478+26 market value of the buildings, land, or facilities and
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1489+1 that the purchase price must be substantiated by an
1490+2 appraisal or by a competitive selection process.
1491+3 (3) If the Department intends to enter into an
1492+4 installment purchase or lease purchase agreement for
1493+5 buildings, land, or facilities under circumstances that do
1494+6 not satisfy the conditions specified by this Section, it
1495+7 must issue a notice to the Secretary of the Senate and the
1496+8 Clerk of the House. The notice shall contain (i) specific
1497+9 details of the State's proposed purchase, including the
1498+10 amounts, purposes, and financing terms; (ii) a specific
1499+11 description of how the proposed purchase varies from the
1500+12 procedures set forth in this Section; and (iii) a specific
1501+13 justification, signed by the Director, stating why it is
1502+14 in the State's best interests to proceed with the
1503+15 purchase. The Department may not proceed with such an
1504+16 installment purchase or lease purchase agreement if,
1505+17 within 60 calendar days after delivery of the notice, the
1506+18 General Assembly, by joint resolution, disapproves the
1507+19 transaction. Delivery may take place on a day and at an
1508+20 hour when the Senate and House are not in session so long
1509+21 as the offices of Secretary and Clerk are open to receive
1510+22 the notice. In determining the 60-day period within which
1511+23 the General Assembly must act, the day on which delivery
1512+24 is made to the Senate and House shall not be counted. If
1513+25 delivery of the notice to the 2 houses occurs on different
1514+26 days, the 60-day period shall begin on the day following
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1525+1 the later delivery.
1526+2 (4) On or before February 15 of each year, the
1527+3 Department shall submit an annual report to the Director
1528+4 of the Governor's Office of Management and Budget and the
1529+5 General Assembly regarding installment purchases or lease
1530+6 purchases of buildings, land, or facilities that were
1531+7 entered into during the preceding calendar year. The
1532+8 report shall include a summary statement of the aggregate
1533+9 amount of the State's obligations under those purchases;
1534+10 specific details pertaining to each purchase, including
1535+11 the amounts, purposes, and financing terms and payment
1536+12 schedule for each purchase; and any other matter that the
1537+13 Department deems advisable. The report shall also contain
1538+14 an analysis of all leases that meet both of the following
1539+15 criteria: (1) the lease contains a purchase option clause;
1540+16 and (2) the third full year of the lease has been
1541+17 completed. That analysis shall include, without
1542+18 limitation, a recommendation of whether it is in the
1543+19 State's best interest to exercise the purchase option or
1544+20 to seek to renew the lease without exercising the clause.
1545+21 The requirement for reporting shall be satisfied by
1546+22 filing copies of the report with each of the following:
1547+23 (1) the Auditor General; (2) the Chairs of the
1548+24 Appropriations Committees; (3) the General Assembly and
1549+25 the Commission on Government Forecasting and
1550+26 Accountability as required by Section 3.1 of the General
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1561+1 Assembly Organizations Act; and (4) the State Government
1562+2 Report Distribution Center for the General Assembly as is
1563+3 required under paragraph (t) of Section 7 of the State
1564+4 Library Act.
1565+5 (Source: P.A. 99-143, eff. 7-27-15; 100-1109, eff. 1-1-19;
1566+6 100-1148, eff. 12-10-18.)
1567+7 ARTICLE 40. DISABILITY-SERVICE ORGANIZATIONS
1568+8 Section 40-5. The Illinois Procurement Code is amended by
1569+9 changing Section 45-35 as follows:
1570+10 (30 ILCS 500/45-35)
1571+11 Sec. 45-35. Not-for-profit agencies for persons with
1572+12 significant disabilities.
1573+13 (a) Qualification. Supplies and services may be procured
1574+14 without advertising or calling for bids from any qualified
1575+15 not-for-profit agency for persons with significant
1576+16 disabilities that:
1577+17 (1) complies with Illinois laws governing private
1578+18 not-for-profit organizations;
1579+19 (2) provides for payment of a wage for contractual
1580+20 services under this Section that is no less than the
1581+21 applicable local or Illinois minimum wage, whichever is
1582+22 higher, for all employees performing work on the contract,
1583+23 including subcontractors performing work on the contract;
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1594+1 is certified as a work center by the Wage and Hour Division
1595+2 of the United States Department of Labor or is an
1596+3 accredited vocational program that provides transition
1597+4 services to youth between the ages of 14 1/2 and 22 in
1598+5 accordance with individualized education plans under
1599+6 Section 14-8.03 of the School Code and that provides
1600+7 residential services at a child care institution, as
1601+8 defined under Section 2.06 of the Child Care Act of 1969,
1602+9 or at a group home, as defined under Section 2.16 of the
1603+10 Child Care Act of 1969; and
1604+11 (3) is (A) a disability-serving organization that is
1605+12 accredited by a nationally-recognized accrediting
1606+13 organization or licensed by the Department of Human
1607+14 Services or (B) a Center for Independent Living. certified
1608+15 as a developmental training provider by the Department of
1609+16 Human Services.
1610+17 (b) Participation. To participate, the not-for-profit
1611+18 agency must have indicated an interest in providing the
1612+19 supplies and services, must meet the specifications and needs
1613+20 of the using agency, and must set a fair and reasonable price.
1614+21 (c) Committee. There is created within the Department of
1615+22 Central Management Services a committee to facilitate the
1616+23 purchase of products and services from not-for-profit agencies
1617+24 that provide employment opportunities to persons with physical
1618+25 disabilities, intellectual or developmental disabilities,
1619+26 mental illnesses, or any combination thereof. This committee
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1630+1 is called the State Use Committee. The State Use Committee
1631+2 shall consist of the Director of the Department of Central
1632+3 Management Services or his or her designee, the Secretary of
1633+4 the Department of Human Services or his or her designee, the
1634+5 Director of Commerce and Economic Opportunity or his or her
1635+6 designee, one public member representing private business who
1636+7 is knowledgeable of the employment needs and concerns of
1637+8 persons with developmental disabilities, one public member
1638+9 representing private business who is knowledgeable of the
1639+10 needs and concerns of rehabilitation facilities, one public
1640+11 member who is knowledgeable of the employment needs and
1641+12 concerns of persons with developmental disabilities, one
1642+13 public member who is knowledgeable of the needs and concerns
1643+14 of rehabilitation facilities, 2 members who have a disability,
1644+15 2 public members from a statewide association that represents
1645+16 community-based rehabilitation facilities serving or
1646+17 supporting individuals with intellectual or developmental
1647+18 disabilities, and one public member from a disability-focused
1648+19 statewide advocacy group, all appointed by the Governor. The
1649+20 public members shall serve 2 year terms, commencing upon
1650+21 appointment and every 2 years thereafter. A public member may
1651+22 be reappointed, and vacancies shall be filled by appointment
1652+23 for the completion of the term. In the event there is a vacancy
1653+24 on the State Use Committee, the Governor must make an
1654+25 appointment to fill that vacancy within 30 calendar days after
1655+26 the notice of vacancy. The members shall serve without
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1666+1 compensation but shall be reimbursed for expenses at a rate
1667+2 equal to that of State employees on a per diem basis by the
1668+3 Department of Central Management Services. All members shall
1669+4 be entitled to vote on issues before the State Use Committee.
1670+5 The State Use Committee shall have the following powers
1671+6 and duties:
1672+7 (1) To request from any State agency information as to
1673+8 product specification and service requirements in order to
1674+9 carry out its purpose.
1675+10 (2) To meet quarterly or more often as necessary to
1676+11 carry out its purposes.
1677+12 (3) To request a quarterly report from each
1678+13 participating qualified not-for-profit agency for persons
1679+14 with significant disabilities describing the volume of
1680+15 sales for each product or service sold under this Section.
1681+16 (4) To prepare a report for the Governor and General
1682+17 Assembly no later than December 31 of each year. The
1683+18 requirement for reporting to the General Assembly shall be
1684+19 satisfied by following the procedures set forth in Section
1685+20 3.1 of the General Assembly Organization Act.
1686+21 (5) To prepare a publication that lists all supplies
1687+22 and services currently available from any qualified
1688+23 not-for-profit agency for persons with significant
1689+24 disabilities. This list and any revisions shall be
1690+25 distributed to all purchasing agencies.
1691+26 (6) To encourage diversity in supplies and services
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1702+1 provided by qualified not-for-profit agencies for persons
1703+2 with significant disabilities and discourage unnecessary
1704+3 duplication or competition among not-for-profit agencies.
1705+4 (7) To develop guidelines to be followed by qualifying
1706+5 agencies for participation under the provisions of this
1707+6 Section. Guidelines shall include a list of national
1708+7 accrediting organizations which satisfy the requirements
1709+8 of item (3) of subsection (a) of this Section. The
1710+9 guidelines shall be developed within 6 months after the
1711+10 effective date of this Code and made available on a
1712+11 nondiscriminatory basis to all qualifying agencies. The
1713+12 new guidelines required under this item (7) by Public Act
1714+13 100-203 shall be developed within 6 months after August
1715+14 18, 2017 (the effective date of Public Act 100-203) and
1716+15 made available on a non-discriminatory basis to all
1717+16 qualifying not-for-profit agencies.
1718+17 (8) To review all pricing submitted under the
1719+18 provisions of this Section and may approve a proposed
1720+19 agreement for supplies or services where the price
1721+20 submitted is fair and reasonable. Review of pricing under
1722+21 this paragraph may include, but is not limited to:
1723+22 (A) Amounts private businesses would pay for
1724+23 similar products or services.
1725+24 (B) Amounts the federal government would pay
1726+25 contractors for similar products or services.
1727+26 (C) The amount paid by the State for similar
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1738+1 products or services.
1739+2 (D) The actual cost of manufacturing the product
1740+3 or performing a service at a community rehabilitation
1741+4 program offering employment services on or off
1742+5 premises to persons with disabilities or mental
1743+6 illnesses, with adequate consideration given to legal
1744+7 and moral imperatives to pay workers with disabilities
1745+8 equitable wages.
1746+9 (E) The usual, customary, and reasonable costs of
1747+10 manufacturing, marketing, and distribution.
1748+11 (9) To, not less than every 3 years, adopt a strategic
1749+12 plan for increasing the number of products and services
1750+13 purchased from qualified not-for-profit agencies for
1751+14 persons with disabilities or mental illnesses, including
1752+15 the feasibility of developing mandatory set-aside
1753+16 contracts.
1754+17 (c-5) Conditions for Use. Each chief procurement officer
1755+18 shall, in consultation with the State Use Committee, determine
1756+19 which articles, materials, services, food stuffs, and supplies
1757+20 that are produced, manufactured, or provided by persons with
1758+21 significant disabilities in qualified not-for-profit agencies
1759+22 shall be given preference by purchasing agencies procuring
1760+23 those items.
1761+24 (d) (Blank).
1762+25 (e) Subcontracts. Subcontracts shall be permitted for
1763+26 agreements authorized under this Section. For the purposes of
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1774+1 this subsection (e), "subcontract" means any acquisition from
1775+2 another source of supplies, not including raw materials, or
1776+3 services required by a qualified not-for-profit agency to
1777+4 provide the supplies or services that are the subject of the
1778+5 contract between the State and the qualified not-for-profit
1779+6 agency.
1780+7 The State Use Committee shall develop guidelines to be
1781+8 followed by qualified not-for-profit agencies when seeking and
1782+9 establishing subcontracts with other persons or not-for-profit
1783+10 agencies in order to fulfill State contract requirements.
1784+11 These guidelines shall include the following:
1785+12 (i) The State Use Committee must approve all
1786+13 subcontracts and substantive amendments to subcontracts
1787+14 prior to execution or amendment of the subcontract.
1788+15 (ii) A qualified not-for-profit agency shall not enter
1789+16 into a subcontract, or any combination of subcontracts, to
1790+17 fulfill an entire requirement, contract, or order without
1791+18 written State Use Committee approval.
1792+19 (iii) A qualified not-for-profit agency shall make
1793+20 reasonable efforts to utilize subcontracts with other
1794+21 not-for-profit agencies for persons with significant
1795+22 disabilities.
1796+23 (iv) For any subcontract not currently performed by a
1797+24 qualified not-for-profit agency, the primary qualified
1798+25 not-for-profit agency must provide to the State Use
1799+26 Committee the following: (A) a written explanation as to
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1810+1 why the subcontract is not performed by a qualified
1811+2 not-for-profit agency, and (B) a written plan to transfer
1812+3 the subcontract to a qualified not-for-profit agency, as
1813+4 reasonable.
1814+5 (Source: P.A. 102-343, eff. 8-13-21; 102-558, eff. 8-20-21.)
1815+6 ARTICLE 45. REIMAGINING HOTEL FLORENCE ACT
1816+7 Section 45-1. Short title. This Act may be cited as the
1817+8 Reimagining Hotel Florence Act. References in this Article to
1818+9 "this Act" mean this Article.
1819+10 Section 45-5. Legislative intent. Originally built in
1820+11 1881, the Hotel Florence is located within the Pullman
1821+12 Historic District and was placed on the National Register of
1822+13 Historic Places in 1969 and was designated a National Historic
1823+14 Landmark on December 30, 1970. To save it from demolition the
1824+15 Historic Pullman Foundation purchased the hotel in 1975 and
1825+16 maintained ownership until 1991 when the State of Illinois
1826+17 took title of the building. The Hotel Florence is continually
1827+18 closed for renovations and is a semi-closed public space.
1828+19 The hotel sits next to the Pullman National Historic
1829+20 Landmark District, which was designated as a National Monument
1830+21 in 2015 and recently redesignated as Illinois's first National
1831+22 Park on December 29, 2022 and is operated by the U.S. National
1832+23 Park Service. This redesignation allows for the National Park
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1843+1 Service to enter into cooperative agreements with outside
1844+2 parties for interpretive and educational programs at
1845+3 nonfederal historic properties within the boundaries of the
1846+4 park and to provide assistance for the preservation of
1847+5 nonfederal land within the boundaries of the historical park
1848+6 and at sites in close proximity to it, which may include the
1849+7 Hotel Florence.
1850+8 The General Assembly has allocated $21,000,000 in capital
1851+9 infrastructure funds to aid in the redevelopment of the Hotel
1852+10 Florence.
1853+11 The General Assembly finds that allowing for the
1854+12 Department of Natural Resources to enter into a public-private
1855+13 partnership that will allow the Hotel Florence to become a
1856+14 fully reactivated space in a timely manner that is in the
1857+15 public benefit of the State and the local Pullman community.
1858+16 Section 45-10. Definitions. In this Act:
1859+17 "Agreement" means a public-private agreement.
1860+18 "Contractor" means a person that has been selected to
1861+19 enter or has entered into a public-private agreement with the
1862+20 Department on behalf of the State for the development,
1863+21 financing, construction, management, or operation of the Hotel
1864+22 Florence pursuant to this Act.
1865+23 "Department" means the Department of Natural Resources.
1866+24 "Hotel Florence" means real property in City of Chicago
1867+25 located within the Pullman Historic District that is owned by
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1878+1 the Illinois Department of Natural Resources and was acquired
1879+2 in 1991, at the address of 11111 S. Forrestville Avenue,
1880+3 Chicago, Illinois, as well as the adjacent Hotel Florence
1881+4 Annex building located at 537 East 111th Street, Chicago,
1882+5 Illinois 60628 and any associated grounds connected to either
1883+6 property.
1884+7 "Maintain" or "maintenance" includes ordinary maintenance,
1885+8 repair, rehabilitation, capital maintenance, maintenance
1886+9 replacement, and any other categories of maintenance that may
1887+10 be designated by the Department.
1888+11 "Offeror" means a person that responds to a request for
1889+12 proposals under this Act.
1890+13 "Operate" or "operation" means to do one or more of the
1891+14 following: maintain, improve, equip, modify, or otherwise
1892+15 operate.
1893+16 "Person" means any individual, firm, association, joint
1894+17 venture, partnership, estate, trust, syndicate, fiduciary,
1895+18 corporation, or any other legal entity, group, or combination
1896+19 thereof.
1897+20 "Public-private agreement" means an agreement or contract
1898+21 between the Department on behalf of the State and all
1899+22 schedules, exhibits, and attachments thereto, entered into
1900+23 pursuant to a competitive request for proposals process
1901+24 governed by this Act, for the development, financing,
1902+25 construction, management, or operation of the Hotel Florence
1903+26 under this Act.
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1914+1 "Revenues" means all revenues, including, but not limited
1915+2 to, income, user fees, earnings, interest, lease payments,
1916+3 allocations, moneys from the federal government, the State,
1917+4 and units of local government, including, but not limited to,
1918+5 federal, State, and local appropriations, grants, loans, lines
1919+6 of credit, and credit guarantees; bond proceeds; equity
1920+7 investments; service payments; or other receipts arising out
1921+8 of or in connection with the financing, development,
1922+9 construction, management, or operation of the Hotel Florence.
1923+10 "State" means the State of Illinois.
1924+11 Section 45-15. Authority to enter public-private
1925+12 agreement.
1926+13 (a) Notwithstanding any provision of law to the contrary,
1927+14 the Department on behalf of the State may, pursuant to a
1928+15 competitive request for proposals process governed by the
1929+16 Illinois Procurement Code, rules adopted under that Code, and
1930+17 this Act, enter into a public-private agreement to develop,
1931+18 finance, construct, lease, manage, or operate the Hotel
1932+19 Florence on behalf of the State, pursuant to which the
1933+20 contractors may receive certain revenues, including management
1934+21 or user fees in consideration of the payment of moneys to the
1935+22 State for that right.
1936+23 (b) The term of a public-private agreement shall be no
1937+24 less than 25 years and no more than 75 years.
1938+25 (c) The term of a public-private agreement may be
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1949+1 extended, but only if the extension is specifically authorized
1950+2 by the General Assembly by law.
1951+3 Section 45-20. Procurement; prequalification. The
1952+4 Department may establish a process for prequalification of
1953+5 offerors. If the Department does create such a process, it
1954+6 shall:
1955+7 (1) provide a public notice of the prequalification at
1956+8 least 30 days prior to the date on which applications are
1957+9 due;
1958+10 (2) set forth requirements and evaluation criteria in
1959+11 order to become prequalified;
1960+12 (3) determine which offerors that have submitted
1961+13 prequalification applications, if any, meet the
1962+14 requirements and evaluation criteria; and
1963+15 (4) allow only those offerors that have been
1964+16 prequalified to respond to the request for proposals.
1965+17 Section 45-25. Request for proposals process to enter into
1966+18 public-private agreement.
1967+19 (a) Notwithstanding any provision of law to the contrary,
1968+20 the Department on behalf of the State shall select a
1969+21 contractor through a competitive request for proposals process
1970+22 governed by the Illinois Procurement Code and rules adopted
1971+23 under that Code and this Act.
1972+24 (b) The competitive request for proposals process shall,
1973+
1974+
1975+
1976+
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1978+ HB2878 Re-Enrolled - 56 - LRB103 30786 RJT 57276 b
1979+
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1982+ HB2878 Re-Enrolled - 57 - LRB103 30786 RJT 57276 b
1983+1 at a minimum, solicit statements of qualification and
1984+2 proposals from offerors.
1985+3 (c) The competitive request for proposals process shall,
1986+4 at a minimum, take into account the following criteria:
1987+5 (1) the offeror's plans for the Hotel Florence
1988+6 project;
1989+7 (2) the offeror's current and past business practices;
1990+8 (3) the offeror's poor or inadequate past performance
1991+9 in developing, financing, constructing, managing, or
1992+10 operating historic landmark properties or other public
1993+11 assets;
1994+12 (4) the offeror's ability to meet and past performance
1995+13 in meeting or exhausting good faith efforts to meet the
1996+14 utilization goals for business enterprises established in
1997+15 the Business Enterprise for Minorities, Women, and Persons
1998+16 with Disabilities Act;
1999+17 (5) the offeror's ability to comply with and past
2000+18 performance in complying with Section 2-105 of the
2001+19 Illinois Human Rights Act; and
2002+20 (6) the offeror's plans to comply with the Business
2003+21 Enterprise for Minorities, Women, and Persons with
2004+22 Disabilities Act and Section 2-105 of the Illinois Human
2005+23 Rights Act.
2006+24 (d) The Department shall not include terms in the request
2007+25 for proposals that provide an advantage, whether directly or
2008+26 indirectly, to any contractor presently providing goods,
2009+
2010+
2011+
2012+
2013+
2014+ HB2878 Re-Enrolled - 57 - LRB103 30786 RJT 57276 b
2015+
2016+
2017+HB2878 Re-Enrolled- 58 -LRB103 30786 RJT 57276 b HB2878 Re-Enrolled - 58 - LRB103 30786 RJT 57276 b
2018+ HB2878 Re-Enrolled - 58 - LRB103 30786 RJT 57276 b
2019+1 services, or equipment to the Department.
2020+2 (e) The Department shall select one or more offerors as
2021+3 finalists.
2022+4 (f) After the procedures required in this Section have
2023+5 been completed, the Department shall make a determination as
2024+6 to whether the offeror should be designated as the contractor
2025+7 for the Hotel Florence project and shall submit the decision
2026+8 to the Governor and to the Governor's Office of Management and
2027+9 Budget. After review of the Department's determination, the
2028+10 Governor may accept or reject the determination. If the
2029+11 Governor accepts the determination of the Department, the
2030+12 Governor shall designate the offeror for the Hotel Florence
2031+13 project.
2032+14 Section 45-30. Provisions of the public-private agreement.
2033+15 (a) The public-private agreement shall include all of the
2034+16 following:
2035+17 (1) the term of the public-private agreement that is
2036+18 consistent with Section 45-40;
2037+19 (2) the powers, duties, responsibilities, obligations,
2038+20 and functions of the Department and the contractor;
2039+21 (3) compensation or payments to the Department, if
2040+22 applicable;
2041+23 (4) compensation or payments to the contractor, if
2042+24 applicable;
2043+25 (5) a provision specifying that the Department:
2044+
2045+
2046+
2047+
2048+
2049+ HB2878 Re-Enrolled - 58 - LRB103 30786 RJT 57276 b
2050+
2051+
2052+HB2878 Re-Enrolled- 59 -LRB103 30786 RJT 57276 b HB2878 Re-Enrolled - 59 - LRB103 30786 RJT 57276 b
2053+ HB2878 Re-Enrolled - 59 - LRB103 30786 RJT 57276 b
2054+1 (A) has ready access to information regarding the
2055+2 contractor's powers, duties, responsibilities,
2056+3 obligations, and functions under the public-private
2057+4 agreement;
2058+5 (B) has the right to demand and receive
2059+6 information from the contractor concerning any aspect
2060+7 of the contractor's powers, duties, responsibilities,
2061+8 obligations, and functions under the public-private
2062+9 agreement; and
2063+10 (C) has the authority to direct or countermand
2064+11 decisions by the contractor at any time;
2065+12 (6) a provision imposing an affirmative duty on the
2066+13 contractor to provide the Department with any information
2067+14 the contractor reasonably believes the Department would
2068+15 want to know or would need to know to enable the Department
2069+16 to exercise its powers, carry out its duties,
2070+17 responsibilities, and obligations, and perform its
2071+18 functions under this Act or the public-private agreement
2072+19 or as otherwise required by law;
2073+20 (7) the authority of the Department to enter into
2074+21 contracts with third parties pursuant to Section 45-40;
2075+22 (8) the authority of the Department to request that
2076+23 the contractor reimburse the Department for third party
2077+24 consultants related to the monitoring the project;
2078+25 (9) a provision governing the contractor's authority
2079+26 to negotiate and execute subcontracts with third parties;
2080+
2081+
2082+
2083+
2084+
2085+ HB2878 Re-Enrolled - 59 - LRB103 30786 RJT 57276 b
2086+
2087+
2088+HB2878 Re-Enrolled- 60 -LRB103 30786 RJT 57276 b HB2878 Re-Enrolled - 60 - LRB103 30786 RJT 57276 b
2089+ HB2878 Re-Enrolled - 60 - LRB103 30786 RJT 57276 b
2090+1 (10) the authority of the contractor to impose user
2091+2 fees and the amounts of those fees;
2092+3 (11) a provision governing the deposit and allocation
2093+4 of revenues including user fees;
2094+5 (12) a provision governing rights to real and personal
2095+6 property of the State, the Department, the contractor, and
2096+7 other third parties;
2097+8 (13) grounds for termination of the agreement by the
2098+9 Department or the contractor and a restatement of the
2099+10 Department's rights under this Act;
2100+11 (14) a requirement that the contractor enter into a
2101+12 project labor agreement;
2102+13 (15) a provision stating that construction contractors
2103+14 shall comply with the requirements of Section 30-22 of the
2104+15 Illinois Procurement Code;
2105+16 (16) rights and remedies of the Department if the
2106+17 contractor defaults or otherwise fails to comply with the
2107+18 terms of the agreement;
2108+19 (17) procedures for amendment to the agreement; and
2109+20 (18) all other terms, conditions, and provisions
2110+21 acceptable to the Department that the Department deems
2111+22 necessary and proper and in the public interest.
2112+23 Section 45-35. Time limitations. The Department shall
2113+24 issue a request for proposals within 6 months after the
2114+25 effective date of this Act. The Department shall have 6 months
2115+
2116+
2117+
2118+
2119+
2120+ HB2878 Re-Enrolled - 60 - LRB103 30786 RJT 57276 b
2121+
2122+
2123+HB2878 Re-Enrolled- 61 -LRB103 30786 RJT 57276 b HB2878 Re-Enrolled - 61 - LRB103 30786 RJT 57276 b
2124+ HB2878 Re-Enrolled - 61 - LRB103 30786 RJT 57276 b
2125+1 from the date of issuance of the request for proposals to
2126+2 select a contractor.
2127+3 Section 45-40. Term of agreement; reversion of property to
2128+4 the Department.
2129+5 (a) The Department may terminate the contractor's
2130+6 authority and duties under the public-private agreement on the
2131+7 date set forth in the public-private agreement.
2132+8 (b) Upon termination of the public-private agreement, the
2133+9 authority and duties of the contractor under this Act cease,
2134+10 except for those duties and obligations that extend beyond the
2135+11 termination, as set forth in the public-private agreement, and
2136+12 all interests in the Hotel Florence shall revert to the
2137+13 Department.
2138+14 Section 45-45. Prohibited local action; home rule. A unit
2139+15 of local government, including a home rule unit, may not take
2140+16 any action that would have the effect of impairing the
2141+17 public-private agreement under this Act. This Section is a
2142+18 denial and limitation of home rule powers and functions under
2143+19 subsection (h) of Section 6 of Article VII of the Illinois
2144+20 Constitution.
2145+21 Section 45-50. Powers liberally construed. The powers
2146+22 conferred by this Act shall be liberally construed in order to
2147+23 accomplish their purposes and shall be in addition and
2148+
2149+
2150+
2151+
2152+
2153+ HB2878 Re-Enrolled - 61 - LRB103 30786 RJT 57276 b
2154+
2155+
2156+HB2878 Re-Enrolled- 62 -LRB103 30786 RJT 57276 b HB2878 Re-Enrolled - 62 - LRB103 30786 RJT 57276 b
2157+ HB2878 Re-Enrolled - 62 - LRB103 30786 RJT 57276 b
2158+1 supplemental to the powers conferred by any other law. If any
2159+2 other law or rule is inconsistent with this Act, this Act is
2160+3 controlling as to any public-private agreement entered into
2161+4 under this Act.
2162+5 Section 45-55. Full and complete authority. This Act
2163+6 contains full and complete authority for agreements and leases
2164+7 with private entities to carry out the activities described in
2165+8 this Act. Except as otherwise required by law, no procedure,
2166+9 proceedings, publications, notices, consents, approvals,
2167+10 orders, or acts by the Department or any other State or local
2168+11 agency or official are required to enter into an agreement or
2169+12 lease.
2170+13 ARTICLE 50. DURATION OF CONTRACTS
2171+14 Section 50-5. The Illinois Procurement Code is amended by
2172+15 changing Section 20-60 as follows:
2173+16 (30 ILCS 500/20-60)
2174+17 Sec. 20-60. Duration of contracts.
2175+18 (a) Maximum duration. A contract may be entered into for
2176+19 any period of time deemed to be in the best interests of the
2177+20 State but not exceeding 10 years inclusive, beginning January
2178+21 1, 2010, of proposed contract renewals; provided, however, in
2179+22 connection with the issuance of certificates of participation
2180+
2181+
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2185+ HB2878 Re-Enrolled - 62 - LRB103 30786 RJT 57276 b
2186+
2187+
2188+HB2878 Re-Enrolled- 63 -LRB103 30786 RJT 57276 b HB2878 Re-Enrolled - 63 - LRB103 30786 RJT 57276 b
2189+ HB2878 Re-Enrolled - 63 - LRB103 30786 RJT 57276 b
2190+1 or bonds, the governing board of a public institution of
2191+2 higher education may enter into contracts in excess of 10
2192+3 years but not to exceed 30 years for the purpose of financing
2193+4 or refinancing real or personal property. Third parties may
2194+5 lease State-owned dark fiber networks for any period of time
2195+6 deemed to be in the best interest of the State, but not
2196+7 exceeding 20 years. The length of a lease for real property or
2197+8 capital improvements shall be in accordance with the
2198+9 provisions of Section 40-25. The length of energy conservation
2199+10 program contracts or energy savings contracts or leases shall
2200+11 be in accordance with the provisions of Section 25-45. A
2201+12 contract for bond or mortgage insurance awarded by the
2202+13 Illinois Housing Development Authority, however, may be
2203+14 entered into for any period of time less than or equal to the
2204+15 maximum period of time that the subject bond or mortgage may
2205+16 remain outstanding.
2206+17 (b) Subject to appropriation. All contracts made or
2207+18 entered into shall recite that they are subject to termination
2208+19 and cancellation in any year for which the General Assembly
2209+20 fails to make an appropriation to make payments under the
2210+21 terms of the contract.
2211+22 (c) The chief procurement officer shall file a proposed
2212+23 extension or renewal of a contract with the Procurement Policy
2213+24 Board and the Commission on Equity and Inclusion prior to
2214+25 entering into any extension or renewal if the cost associated
2215+26 with the extension or renewal exceeds $249,999. The
2216+
2217+
2218+
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2222+
2223+
2224+HB2878 Re-Enrolled- 64 -LRB103 30786 RJT 57276 b HB2878 Re-Enrolled - 64 - LRB103 30786 RJT 57276 b
2225+ HB2878 Re-Enrolled - 64 - LRB103 30786 RJT 57276 b
2226+1 Procurement Policy Board or the Commission on Equity and
2227+2 Inclusion may object to the proposed extension or renewal
2228+3 within 14 calendar days and require a hearing before the Board
2229+4 or the Commission on Equity and Inclusion prior to entering
2230+5 into the extension or renewal. If the Procurement Policy Board
2231+6 or the Commission on Equity and Inclusion does not object
2232+7 within 14 calendar days or takes affirmative action to
2233+8 recommend the extension or renewal, the chief procurement
2234+9 officer may enter into the extension or renewal of a contract.
2235+10 This subsection does not apply to any emergency procurement,
2236+11 any procurement under Article 40, or any procurement exempted
2237+12 by Section 1-10(b) of this Code. If any State agency contract
2238+13 is paid for in whole or in part with federal-aid funds, grants,
2239+14 or loans and the provisions of this subsection would result in
2240+15 the loss of those federal-aid funds, grants, or loans, then
2241+16 the contract is exempt from the provisions of this subsection
2242+17 in order to remain eligible for those federal-aid funds,
2243+18 grants, or loans, and the State agency shall file notice of
2244+19 this exemption with the Procurement Policy Board or the
2245+20 Commission on Equity and Inclusion prior to entering into the
2246+21 proposed extension or renewal. Nothing in this subsection
2247+22 permits a chief procurement officer to enter into an extension
2248+23 or renewal in violation of subsection (a). By August 1 each
2249+24 year, the Procurement Policy Board and the Commission on
2250+25 Equity and Inclusion shall each file a report with the General
2251+26 Assembly identifying for the previous fiscal year (i) the
2252+
2253+
2254+
2255+
2256+
2257+ HB2878 Re-Enrolled - 64 - LRB103 30786 RJT 57276 b
2258+
2259+
2260+HB2878 Re-Enrolled- 65 -LRB103 30786 RJT 57276 b HB2878 Re-Enrolled - 65 - LRB103 30786 RJT 57276 b
2261+ HB2878 Re-Enrolled - 65 - LRB103 30786 RJT 57276 b
2262+1 proposed extensions or renewals that were filed and whether
2263+2 such extensions and renewals were objected to and (ii) the
2264+3 contracts exempt from this subsection.
2265+4 (d) Notwithstanding the provisions of subsection (a) of
2266+5 this Section, the Department of Innovation and Technology may
2267+6 enter into leases for dark fiber networks for any period of
2268+7 time deemed to be in the best interests of the State but not
2269+8 exceeding 20 years inclusive. The Department of Innovation and
2270+9 Technology may lease dark fiber networks from third parties
2271+10 only for the primary purpose of providing services (i) to the
2272+11 offices of Governor, Lieutenant Governor, Attorney General,
2273+12 Secretary of State, Comptroller, or Treasurer and State
2274+13 agencies, as defined under Section 5-15 of the Civil
2275+14 Administrative Code of Illinois or (ii) for anchor
2276+15 institutions, as defined in Section 7 of the Illinois Century
2277+16 Network Act. Dark fiber network lease contracts shall be
2278+17 subject to all other provisions of this Code and any
2279+18 applicable rules or requirements, including, but not limited
2280+19 to, publication of lease solicitations, use of standard State
2281+20 contracting terms and conditions, and approval of vendor
2282+21 certifications and financial disclosures.
2283+22 (e) As used in this Section, "dark fiber network" means a
2284+23 network of fiber optic cables laid but currently unused by a
2285+24 third party that the third party is leasing for use as network
2286+25 infrastructure.
2287+26 (f) No vendor shall be eligible for renewal of a contract
2288+
2289+
2290+
2291+
2292+
2293+ HB2878 Re-Enrolled - 65 - LRB103 30786 RJT 57276 b
2294+
2295+
2296+HB2878 Re-Enrolled- 66 -LRB103 30786 RJT 57276 b HB2878 Re-Enrolled - 66 - LRB103 30786 RJT 57276 b
2297+ HB2878 Re-Enrolled - 66 - LRB103 30786 RJT 57276 b
2298+1 when that vendor has failed to meet the goals agreed to in the
2299+2 vendor's utilization plan, as defined in Section 2 of the
2300+3 Business Enterprise for Minorities, Women, and Persons with
2301+4 Disabilities Act, unless the State agency or public
2302+5 institution of higher education has determined that the vendor
2303+6 made good faith efforts toward meeting the contract goals. If
2304+7 the State agency or public institution of higher education
2305+8 determines that the vendor made good faith efforts, the agency
2306+9 or public institution of higher education may issue a waiver
2307+10 after concurrence by the chief procurement officer, which
2308+11 shall not be unreasonably withheld or impair a State agency
2309+12 determination to execute the renewal. The form and content of
2310+13 the waiver shall be prescribed by each chief procurement
2311+14 officer, but shall not impair a State agency or public
2312+15 institution of higher education determination to execute the
2313+16 renewal. The chief procurement officer shall post the
2314+17 completed form on his or her official website within 5
2315+18 business days after receipt from the State agency or public
2316+19 institution of higher education. The chief procurement officer
2317+20 shall maintain on his or her official website a database of
2318+21 waivers granted under this Section with respect to contracts
2319+22 under his or her jurisdiction. The database shall be updated
2320+23 periodically and shall be searchable by contractor name and by
2321+24 contracting State agency or public institution of higher
2322+25 education.
2323+26 (Source: P.A. 101-81, eff. 7-12-19; 101-657, Article 5,
2324+
2325+
2326+
2327+
2328+
2329+ HB2878 Re-Enrolled - 66 - LRB103 30786 RJT 57276 b
2330+
2331+
2332+HB2878 Re-Enrolled- 67 -LRB103 30786 RJT 57276 b HB2878 Re-Enrolled - 67 - LRB103 30786 RJT 57276 b
2333+ HB2878 Re-Enrolled - 67 - LRB103 30786 RJT 57276 b
2334+1 Section 5-5, eff. 7-1-21 (See Section 25 of P.A. 102-29 for
2335+2 effective date of P.A. 101-657, Article 5, Section 5-5);
2336+3 101-657, Article 40, Section 40-125, eff. 1-1-22; 102-29, eff.
2337+4 6-25-21; 102-721, eff. 1-1-23.)
2338+5 ARTICLE 55. PUBLIC EDUCATION PROGRAMMING
2339+6 Section 55-5. The Illinois Procurement Code is amended by
2340+7 changing Section 1-10 as follows:
2341+8 (30 ILCS 500/1-10)
2342+9 Sec. 1-10. Application.
2343+10 (a) This Code applies only to procurements for which
2344+11 bidders, offerors, potential contractors, or contractors were
2345+12 first solicited on or after July 1, 1998. This Code shall not
2346+13 be construed to affect or impair any contract, or any
2347+14 provision of a contract, entered into based on a solicitation
2348+15 prior to the implementation date of this Code as described in
2349+16 Article 99, including, but not limited to, any covenant
2350+17 entered into with respect to any revenue bonds or similar
2351+18 instruments. All procurements for which contracts are
2352+19 solicited between the effective date of Articles 50 and 99 and
2353+20 July 1, 1998 shall be substantially in accordance with this
2354+21 Code and its intent.
2355+22 (b) This Code shall apply regardless of the source of the
2356+23 funds with which the contracts are paid, including federal
2357+
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2366+ HB2878 Re-Enrolled - 68 - LRB103 30786 RJT 57276 b
2367+1 assistance moneys. This Code shall not apply to:
2368+2 (1) Contracts between the State and its political
2369+3 subdivisions or other governments, or between State
2370+4 governmental bodies, except as specifically provided in
2371+5 this Code.
2372+6 (2) Grants, except for the filing requirements of
2373+7 Section 20-80.
2374+8 (3) Purchase of care, except as provided in Section
2375+9 5-30.6 of the Illinois Public Aid Code and this Section.
2376+10 (4) Hiring of an individual as an employee and not as
2377+11 an independent contractor, whether pursuant to an
2378+12 employment code or policy or by contract directly with
2379+13 that individual.
2380+14 (5) Collective bargaining contracts.
2381+15 (6) Purchase of real estate, except that notice of
2382+16 this type of contract with a value of more than $25,000
2383+17 must be published in the Procurement Bulletin within 10
2384+18 calendar days after the deed is recorded in the county of
2385+19 jurisdiction. The notice shall identify the real estate
2386+20 purchased, the names of all parties to the contract, the
2387+21 value of the contract, and the effective date of the
2388+22 contract.
2389+23 (7) Contracts necessary to prepare for anticipated
2390+24 litigation, enforcement actions, or investigations,
2391+25 provided that the chief legal counsel to the Governor
2392+26 shall give his or her prior approval when the procuring
2393+
2394+
2395+
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2399+
2400+
2401+HB2878 Re-Enrolled- 69 -LRB103 30786 RJT 57276 b HB2878 Re-Enrolled - 69 - LRB103 30786 RJT 57276 b
2402+ HB2878 Re-Enrolled - 69 - LRB103 30786 RJT 57276 b
2403+1 agency is one subject to the jurisdiction of the Governor,
2404+2 and provided that the chief legal counsel of any other
2405+3 procuring entity subject to this Code shall give his or
2406+4 her prior approval when the procuring entity is not one
2407+5 subject to the jurisdiction of the Governor.
2408+6 (8) (Blank).
2409+7 (9) Procurement expenditures by the Illinois
2410+8 Conservation Foundation when only private funds are used.
2411+9 (10) (Blank).
2412+10 (11) Public-private agreements entered into according
2413+11 to the procurement requirements of Section 20 of the
2414+12 Public-Private Partnerships for Transportation Act and
2415+13 design-build agreements entered into according to the
2416+14 procurement requirements of Section 25 of the
2417+15 Public-Private Partnerships for Transportation Act.
2418+16 (12) (A) Contracts for legal, financial, and other
2419+17 professional and artistic services entered into by the
2420+18 Illinois Finance Authority in which the State of Illinois
2421+19 is not obligated. Such contracts shall be awarded through
2422+20 a competitive process authorized by the members of the
2423+21 Illinois Finance Authority and are subject to Sections
2424+22 5-30, 20-160, 50-13, 50-20, 50-35, and 50-37 of this Code,
2425+23 as well as the final approval by the members of the
2426+24 Illinois Finance Authority of the terms of the contract.
2427+25 (B) Contracts for legal and financial services entered
2428+26 into by the Illinois Housing Development Authority in
2429+
2430+
2431+
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2434+ HB2878 Re-Enrolled - 69 - LRB103 30786 RJT 57276 b
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2436+
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2438+ HB2878 Re-Enrolled - 70 - LRB103 30786 RJT 57276 b
2439+1 connection with the issuance of bonds in which the State
2440+2 of Illinois is not obligated. Such contracts shall be
2441+3 awarded through a competitive process authorized by the
2442+4 members of the Illinois Housing Development Authority and
2443+5 are subject to Sections 5-30, 20-160, 50-13, 50-20, 50-35,
2444+6 and 50-37 of this Code, as well as the final approval by
2445+7 the members of the Illinois Housing Development Authority
2446+8 of the terms of the contract.
2447+9 (13) Contracts for services, commodities, and
2448+10 equipment to support the delivery of timely forensic
2449+11 science services in consultation with and subject to the
2450+12 approval of the Chief Procurement Officer as provided in
2451+13 subsection (d) of Section 5-4-3a of the Unified Code of
2452+14 Corrections, except for the requirements of Sections
2453+15 20-60, 20-65, 20-70, and 20-160 and Article 50 of this
2454+16 Code; however, the Chief Procurement Officer may, in
2455+17 writing with justification, waive any certification
2456+18 required under Article 50 of this Code. For any contracts
2457+19 for services which are currently provided by members of a
2458+20 collective bargaining agreement, the applicable terms of
2459+21 the collective bargaining agreement concerning
2460+22 subcontracting shall be followed.
2461+23 On and after January 1, 2019, this paragraph (13),
2462+24 except for this sentence, is inoperative.
2463+25 (14) Contracts for participation expenditures required
2464+26 by a domestic or international trade show or exhibition of
2465+
2466+
2467+
2468+
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2470+ HB2878 Re-Enrolled - 70 - LRB103 30786 RJT 57276 b
2471+
2472+
2473+HB2878 Re-Enrolled- 71 -LRB103 30786 RJT 57276 b HB2878 Re-Enrolled - 71 - LRB103 30786 RJT 57276 b
2474+ HB2878 Re-Enrolled - 71 - LRB103 30786 RJT 57276 b
2475+1 an exhibitor, member, or sponsor.
2476+2 (15) Contracts with a railroad or utility that
2477+3 requires the State to reimburse the railroad or utilities
2478+4 for the relocation of utilities for construction or other
2479+5 public purpose. Contracts included within this paragraph
2480+6 (15) shall include, but not be limited to, those
2481+7 associated with: relocations, crossings, installations,
2482+8 and maintenance. For the purposes of this paragraph (15),
2483+9 "railroad" means any form of non-highway ground
2484+10 transportation that runs on rails or electromagnetic
2485+11 guideways and "utility" means: (1) public utilities as
2486+12 defined in Section 3-105 of the Public Utilities Act, (2)
2487+13 telecommunications carriers as defined in Section 13-202
2488+14 of the Public Utilities Act, (3) electric cooperatives as
2489+15 defined in Section 3.4 of the Electric Supplier Act, (4)
2490+16 telephone or telecommunications cooperatives as defined in
2491+17 Section 13-212 of the Public Utilities Act, (5) rural
2492+18 water or waste water systems with 10,000 connections or
2493+19 less, (6) a holder as defined in Section 21-201 of the
2494+20 Public Utilities Act, and (7) municipalities owning or
2495+21 operating utility systems consisting of public utilities
2496+22 as that term is defined in Section 11-117-2 of the
2497+23 Illinois Municipal Code.
2498+24 (16) Procurement expenditures necessary for the
2499+25 Department of Public Health to provide the delivery of
2500+26 timely newborn screening services in accordance with the
2501+
2502+
2503+
2504+
2505+
2506+ HB2878 Re-Enrolled - 71 - LRB103 30786 RJT 57276 b
2507+
2508+
2509+HB2878 Re-Enrolled- 72 -LRB103 30786 RJT 57276 b HB2878 Re-Enrolled - 72 - LRB103 30786 RJT 57276 b
2510+ HB2878 Re-Enrolled - 72 - LRB103 30786 RJT 57276 b
2511+1 Newborn Metabolic Screening Act.
2512+2 (17) Procurement expenditures necessary for the
2513+3 Department of Agriculture, the Department of Financial and
2514+4 Professional Regulation, the Department of Human Services,
2515+5 and the Department of Public Health to implement the
2516+6 Compassionate Use of Medical Cannabis Program and Opioid
2517+7 Alternative Pilot Program requirements and ensure access
2518+8 to medical cannabis for patients with debilitating medical
2519+9 conditions in accordance with the Compassionate Use of
2520+10 Medical Cannabis Program Act.
2521+11 (18) This Code does not apply to any procurements
2522+12 necessary for the Department of Agriculture, the
2523+13 Department of Financial and Professional Regulation, the
2524+14 Department of Human Services, the Department of Commerce
2525+15 and Economic Opportunity, and the Department of Public
2526+16 Health to implement the Cannabis Regulation and Tax Act if
2527+17 the applicable agency has made a good faith determination
2528+18 that it is necessary and appropriate for the expenditure
2529+19 to fall within this exemption and if the process is
2530+20 conducted in a manner substantially in accordance with the
2531+21 requirements of Sections 20-160, 25-60, 30-22, 50-5,
2532+22 50-10, 50-10.5, 50-12, 50-13, 50-15, 50-20, 50-21, 50-35,
2533+23 50-36, 50-37, 50-38, and 50-50 of this Code; however, for
2534+24 Section 50-35, compliance applies only to contracts or
2535+25 subcontracts over $100,000. Notice of each contract
2536+26 entered into under this paragraph (18) that is related to
2537+
2538+
2539+
2540+
2541+
2542+ HB2878 Re-Enrolled - 72 - LRB103 30786 RJT 57276 b
2543+
2544+
2545+HB2878 Re-Enrolled- 73 -LRB103 30786 RJT 57276 b HB2878 Re-Enrolled - 73 - LRB103 30786 RJT 57276 b
2546+ HB2878 Re-Enrolled - 73 - LRB103 30786 RJT 57276 b
2547+1 the procurement of goods and services identified in
2548+2 paragraph (1) through (9) of this subsection shall be
2549+3 published in the Procurement Bulletin within 14 calendar
2550+4 days after contract execution. The Chief Procurement
2551+5 Officer shall prescribe the form and content of the
2552+6 notice. Each agency shall provide the Chief Procurement
2553+7 Officer, on a monthly basis, in the form and content
2554+8 prescribed by the Chief Procurement Officer, a report of
2555+9 contracts that are related to the procurement of goods and
2556+10 services identified in this subsection. At a minimum, this
2557+11 report shall include the name of the contractor, a
2558+12 description of the supply or service provided, the total
2559+13 amount of the contract, the term of the contract, and the
2560+14 exception to this Code utilized. A copy of any or all of
2561+15 these contracts shall be made available to the Chief
2562+16 Procurement Officer immediately upon request. The Chief
2563+17 Procurement Officer shall submit a report to the Governor
2564+18 and General Assembly no later than November 1 of each year
2565+19 that includes, at a minimum, an annual summary of the
2566+20 monthly information reported to the Chief Procurement
2567+21 Officer. This exemption becomes inoperative 5 years after
2568+22 June 25, 2019 (the effective date of Public Act 101-27).
2569+23 (19) Acquisition of modifications or adjustments,
2570+24 limited to assistive technology devices and assistive
2571+25 technology services, adaptive equipment, repairs, and
2572+26 replacement parts to provide reasonable accommodations (i)
2573+
2574+
2575+
2576+
2577+
2578+ HB2878 Re-Enrolled - 73 - LRB103 30786 RJT 57276 b
2579+
2580+
2581+HB2878 Re-Enrolled- 74 -LRB103 30786 RJT 57276 b HB2878 Re-Enrolled - 74 - LRB103 30786 RJT 57276 b
2582+ HB2878 Re-Enrolled - 74 - LRB103 30786 RJT 57276 b
2583+1 that enable a qualified applicant with a disability to
2584+2 complete the job application process and be considered for
2585+3 the position such qualified applicant desires, (ii) that
2586+4 modify or adjust the work environment to enable a
2587+5 qualified current employee with a disability to perform
2588+6 the essential functions of the position held by that
2589+7 employee, (iii) to enable a qualified current employee
2590+8 with a disability to enjoy equal benefits and privileges
2591+9 of employment as are enjoyed by other similarly situated
2592+10 employees without disabilities, and (iv) that allow a
2593+11 customer, client, claimant, or member of the public
2594+12 seeking State services full use and enjoyment of and
2595+13 access to its programs, services, or benefits.
2596+14 For purposes of this paragraph (19):
2597+15 "Assistive technology devices" means any item, piece
2598+16 of equipment, or product system, whether acquired
2599+17 commercially off the shelf, modified, or customized, that
2600+18 is used to increase, maintain, or improve functional
2601+19 capabilities of individuals with disabilities.
2602+20 "Assistive technology services" means any service that
2603+21 directly assists an individual with a disability in
2604+22 selection, acquisition, or use of an assistive technology
2605+23 device.
2606+24 "Qualified" has the same meaning and use as provided
2607+25 under the federal Americans with Disabilities Act when
2608+26 describing an individual with a disability.
2609+
2610+
2611+
2612+
2613+
2614+ HB2878 Re-Enrolled - 74 - LRB103 30786 RJT 57276 b
2615+
2616+
2617+HB2878 Re-Enrolled- 75 -LRB103 30786 RJT 57276 b HB2878 Re-Enrolled - 75 - LRB103 30786 RJT 57276 b
2618+ HB2878 Re-Enrolled - 75 - LRB103 30786 RJT 57276 b
2619+1 (20) Procurement expenditures necessary for the
2620+2 Illinois Commerce Commission to hire third-party
2621+3 facilitators pursuant to Sections 16-105.17 and 16-108.18
2622+4 of the Public Utilities Act or an ombudsman pursuant to
2623+5 Section 16-107.5 of the Public Utilities Act, a
2624+6 facilitator pursuant to Section 16-105.17 of the Public
2625+7 Utilities Act, or a grid auditor pursuant to Section
2626+8 16-105.10 of the Public Utilities Act.
2627+9 (21) Procurement expenditures for the purchase,
2628+10 renewal, and expansion of software, software licenses, or
2629+11 software maintenance agreements that support the efforts
2630+12 of the Illinois State Police to enforce, regulate, and
2631+13 administer the Firearm Owners Identification Card Act, the
2632+14 Firearm Concealed Carry Act, the Firearms Restraining
2633+15 Order Act, the Firearm Dealer License Certification Act,
2634+16 the Law Enforcement Agencies Data System (LEADS), the
2635+17 Uniform Crime Reporting Act, the Criminal Identification
2636+18 Act, the Uniform Conviction Information Act, and the Gun
2637+19 Trafficking Information Act, or establish or maintain
2638+20 record management systems necessary to conduct human
2639+21 trafficking investigations or gun trafficking or other
2640+22 stolen firearm investigations. This paragraph (21) applies
2641+23 to contracts entered into on or after the effective date
2642+24 of this amendatory Act of the 102nd General Assembly and
2643+25 the renewal of contracts that are in effect on the
2644+26 effective date of this amendatory Act of the 102nd General
2645+
2646+
2647+
2648+
2649+
2650+ HB2878 Re-Enrolled - 75 - LRB103 30786 RJT 57276 b
2651+
2652+
2653+HB2878 Re-Enrolled- 76 -LRB103 30786 RJT 57276 b HB2878 Re-Enrolled - 76 - LRB103 30786 RJT 57276 b
2654+ HB2878 Re-Enrolled - 76 - LRB103 30786 RJT 57276 b
2655+1 Assembly.
2656+2 (22) Contracts for public education programming,
2657+3 noncommercial sustaining announcements, public service
2658+4 announcements, and public awareness and education
2659+5 messaging with the nonprofit trade associations of the
2660+6 providers of those services that inform the public on
2661+7 immediate and ongoing health and safety risks and hazards.
2662+8 Notwithstanding any other provision of law, for contracts
2663+9 with an annual value of more than $100,000 entered into on or
2664+10 after October 1, 2017 under an exemption provided in any
2665+11 paragraph of this subsection (b), except paragraph (1), (2),
2666+12 or (5), each State agency shall post to the appropriate
2667+13 procurement bulletin the name of the contractor, a description
2668+14 of the supply or service provided, the total amount of the
2669+15 contract, the term of the contract, and the exception to the
2670+16 Code utilized. The chief procurement officer shall submit a
2671+17 report to the Governor and General Assembly no later than
2672+18 November 1 of each year that shall include, at a minimum, an
2673+19 annual summary of the monthly information reported to the
2674+20 chief procurement officer.
2675+21 (c) This Code does not apply to the electric power
2676+22 procurement process provided for under Section 1-75 of the
2677+23 Illinois Power Agency Act and Section 16-111.5 of the Public
2678+24 Utilities Act.
2679+25 (d) Except for Section 20-160 and Article 50 of this Code,
2680+26 and as expressly required by Section 9.1 of the Illinois
2681+
2682+
2683+
2684+
2685+
2686+ HB2878 Re-Enrolled - 76 - LRB103 30786 RJT 57276 b
2687+
2688+
2689+HB2878 Re-Enrolled- 77 -LRB103 30786 RJT 57276 b HB2878 Re-Enrolled - 77 - LRB103 30786 RJT 57276 b
2690+ HB2878 Re-Enrolled - 77 - LRB103 30786 RJT 57276 b
2691+1 Lottery Law, the provisions of this Code do not apply to the
2692+2 procurement process provided for under Section 9.1 of the
2693+3 Illinois Lottery Law.
2694+4 (e) This Code does not apply to the process used by the
2695+5 Capital Development Board to retain a person or entity to
2696+6 assist the Capital Development Board with its duties related
2697+7 to the determination of costs of a clean coal SNG brownfield
2698+8 facility, as defined by Section 1-10 of the Illinois Power
2699+9 Agency Act, as required in subsection (h-3) of Section 9-220
2700+10 of the Public Utilities Act, including calculating the range
2701+11 of capital costs, the range of operating and maintenance
2702+12 costs, or the sequestration costs or monitoring the
2703+13 construction of clean coal SNG brownfield facility for the
2704+14 full duration of construction.
2705+15 (f) (Blank).
2706+16 (g) (Blank).
2707+17 (h) This Code does not apply to the process to procure or
2708+18 contracts entered into in accordance with Sections 11-5.2 and
2709+19 11-5.3 of the Illinois Public Aid Code.
2710+20 (i) Each chief procurement officer may access records
2711+21 necessary to review whether a contract, purchase, or other
2712+22 expenditure is or is not subject to the provisions of this
2713+23 Code, unless such records would be subject to attorney-client
2714+24 privilege.
2715+25 (j) This Code does not apply to the process used by the
2716+26 Capital Development Board to retain an artist or work or works
2717+
2718+
2719+
2720+
2721+
2722+ HB2878 Re-Enrolled - 77 - LRB103 30786 RJT 57276 b
2723+
2724+
2725+HB2878 Re-Enrolled- 78 -LRB103 30786 RJT 57276 b HB2878 Re-Enrolled - 78 - LRB103 30786 RJT 57276 b
2726+ HB2878 Re-Enrolled - 78 - LRB103 30786 RJT 57276 b
2727+1 of art as required in Section 14 of the Capital Development
2728+2 Board Act.
2729+3 (k) This Code does not apply to the process to procure
2730+4 contracts, or contracts entered into, by the State Board of
2731+5 Elections or the State Electoral Board for hearing officers
2732+6 appointed pursuant to the Election Code.
2733+7 (l) This Code does not apply to the processes used by the
2734+8 Illinois Student Assistance Commission to procure supplies and
2735+9 services paid for from the private funds of the Illinois
2736+10 Prepaid Tuition Fund. As used in this subsection (l), "private
2737+11 funds" means funds derived from deposits paid into the
2738+12 Illinois Prepaid Tuition Trust Fund and the earnings thereon.
2739+13 (m) This Code shall apply regardless of the source of
2740+14 funds with which contracts are paid, including federal
2741+15 assistance moneys. Except as specifically provided in this
2742+16 Code, this Code shall not apply to procurement expenditures
2743+17 necessary for the Department of Public Health to conduct the
2744+18 Healthy Illinois Survey in accordance with Section 2310-431 of
2745+19 the Department of Public Health Powers and Duties Law of the
2746+20 Civil Administrative Code of Illinois.
2747+21 (Source: P.A. 101-27, eff. 6-25-19; 101-81, eff. 7-12-19;
2748+22 101-363, eff. 8-9-19; 102-175, eff. 7-29-21; 102-483, eff
2749+23 1-1-22; 102-558, eff. 8-20-21; 102-600, eff. 8-27-21; 102-662,
2750+24 eff. 9-15-21; 102-721, eff. 1-1-23; 102-813, eff. 5-13-22;
2751+25 102-1116, eff. 1-10-23.)
2752+
2753+
2754+
2755+
2756+
2757+ HB2878 Re-Enrolled - 78 - LRB103 30786 RJT 57276 b
2758+
2759+
2760+HB2878 Re-Enrolled- 79 -LRB103 30786 RJT 57276 b HB2878 Re-Enrolled - 79 - LRB103 30786 RJT 57276 b
2761+ HB2878 Re-Enrolled - 79 - LRB103 30786 RJT 57276 b
2762+1 ARTICLE 60. CONTRACTOR DIVERSITY REPORTING
2763+2 Section 60-5. The Business Corporation Act of 1983 is
2764+3 amended by adding Section 14.40 as follows:
2765+4 (805 ILCS 5/14.40 new)
2766+5 Sec. 14.40. State contractors reporting.
2767+6 (a) Except as provided in subsection (b), by June 1, 2024,
2768+7 and each June 1 thereafter, a corporation that has contracts
2769+8 with this State shall provide to the Commission on Equity and
2770+9 Inclusion a list of its professional services suppliers by
2771+10 category, including, but not limited to, legal services,
2772+11 accounting services, media placement, technology services,
2773+12 asset management, and consulting services. The list shall
2774+13 include the percentage of owners and employees in each
2775+14 category that are women or minority persons. The list required
2776+15 under this subsection (a) shall provide the required
2777+16 information for each of the classes of minority persons
2778+17 identified in Section 2 of the Business Enterprise for
2779+18 Minorities, Women, and Persons with Disabilities Act.
2780+19 (b) Corporations that submit annual supplier diversity
2781+20 reports to the Illinois Commerce Commission in accordance with
2782+21 Section 8h of the Business Enterprise for Minorities, Women,
2783+22 and Persons with Disabilities Act are exempt from the
2784+23 requirements of this Section.
2785+24 (c) This Section is repealed on July 1, 2028.
2786+
2787+
2788+
2789+
2790+
2791+ HB2878 Re-Enrolled - 79 - LRB103 30786 RJT 57276 b
2792+
2793+
2794+HB2878 Re-Enrolled- 80 -LRB103 30786 RJT 57276 b HB2878 Re-Enrolled - 80 - LRB103 30786 RJT 57276 b
2795+ HB2878 Re-Enrolled - 80 - LRB103 30786 RJT 57276 b
2796+1 ARTICLE 65. REQUESTS FOR WAIVER OF ASPIRATIONAL GOALS
2797+2 Section 5. The Business Enterprise for Minorities, Women,
2798+3 and Persons with Disabilities Act is amended by changing
2799+4 Sections 2 and 7 as follows:
2800+5 (30 ILCS 575/2)
2801+6 (Section scheduled to be repealed on June 30, 2024)
2802+7 Sec. 2. Definitions.
2803+8 (A) For the purpose of this Act, the following terms shall
2804+9 have the following definitions:
2805+10 (1) "Minority person" shall mean a person who is a
2806+11 citizen or lawful permanent resident of the United States
2807+12 and who is any of the following:
2808+13 (a) American Indian or Alaska Native (a person
2809+14 having origins in any of the original peoples of North
2810+15 and South America, including Central America, and who
2811+16 maintains tribal affiliation or community attachment).
2812+17 (b) Asian (a person having origins in any of the
2813+18 original peoples of the Far East, Southeast Asia, or
2814+19 the Indian subcontinent, including, but not limited
2815+20 to, Cambodia, China, India, Japan, Korea, Malaysia,
2816+21 Pakistan, the Philippine Islands, Thailand, and
2817+22 Vietnam).
2818+23 (c) Black or African American (a person having
2819+
2820+
2821+
2822+
2823+
2824+ HB2878 Re-Enrolled - 80 - LRB103 30786 RJT 57276 b
2825+
2826+
2827+HB2878 Re-Enrolled- 81 -LRB103 30786 RJT 57276 b HB2878 Re-Enrolled - 81 - LRB103 30786 RJT 57276 b
2828+ HB2878 Re-Enrolled - 81 - LRB103 30786 RJT 57276 b
2829+1 origins in any of the black racial groups of Africa).
2830+2 (d) Hispanic or Latino (a person of Cuban,
2831+3 Mexican, Puerto Rican, South or Central American, or
2832+4 other Spanish culture or origin, regardless of race).
2833+5 (e) Native Hawaiian or Other Pacific Islander (a
2834+6 person having origins in any of the original peoples
2835+7 of Hawaii, Guam, Samoa, or other Pacific Islands).
2836+8 (2) "Woman" shall mean a person who is a citizen or
2837+9 lawful permanent resident of the United States and who is
2838+10 of the female gender.
2839+11 (2.05) "Person with a disability" means a person who
2840+12 is a citizen or lawful resident of the United States and is
2841+13 a person qualifying as a person with a disability under
2842+14 subdivision (2.1) of this subsection (A).
2843+15 (2.1) "Person with a disability" means a person with a
2844+16 severe physical or mental disability that:
2845+17 (a) results from:
2846+18 amputation,
2847+19 arthritis,
2848+20 autism,
2849+21 blindness,
2850+22 burn injury,
2851+23 cancer,
2852+24 cerebral palsy,
2853+25 Crohn's disease,
2854+26 cystic fibrosis,
2855+
2856+
2857+
2858+
2859+
2860+ HB2878 Re-Enrolled - 81 - LRB103 30786 RJT 57276 b
2861+
2862+
2863+HB2878 Re-Enrolled- 82 -LRB103 30786 RJT 57276 b HB2878 Re-Enrolled - 82 - LRB103 30786 RJT 57276 b
2864+ HB2878 Re-Enrolled - 82 - LRB103 30786 RJT 57276 b
2865+1 deafness,
2866+2 head injury,
2867+3 heart disease,
2868+4 hemiplegia,
2869+5 hemophilia,
2870+6 respiratory or pulmonary dysfunction,
2871+7 an intellectual disability,
2872+8 mental illness,
2873+9 multiple sclerosis,
2874+10 muscular dystrophy,
2875+11 musculoskeletal disorders,
2876+12 neurological disorders, including stroke and
2877+13 epilepsy,
2878+14 paraplegia,
2879+15 quadriplegia and other spinal cord conditions,
2880+16 sickle cell anemia,
2881+17 ulcerative colitis,
2882+18 specific learning disabilities, or
2883+19 end stage renal failure disease; and
2884+20 (b) substantially limits one or more of the
2885+21 person's major life activities.
2886+22 Another disability or combination of disabilities may
2887+23 also be considered as a severe disability for the purposes
2888+24 of item (a) of this subdivision (2.1) if it is determined
2889+25 by an evaluation of rehabilitation potential to cause a
2890+26 comparable degree of substantial functional limitation
2891+
2892+
2893+
2894+
2895+
2896+ HB2878 Re-Enrolled - 82 - LRB103 30786 RJT 57276 b
2897+
2898+
2899+HB2878 Re-Enrolled- 83 -LRB103 30786 RJT 57276 b HB2878 Re-Enrolled - 83 - LRB103 30786 RJT 57276 b
2900+ HB2878 Re-Enrolled - 83 - LRB103 30786 RJT 57276 b
2901+1 similar to the specific list of disabilities listed in
2902+2 item (a) of this subdivision (2.1).
2903+3 (3) "Minority-owned business" means a business which
2904+4 is at least 51% owned by one or more minority persons, or
2905+5 in the case of a corporation, at least 51% of the stock in
2906+6 which is owned by one or more minority persons; and the
2907+7 management and daily business operations of which are
2908+8 controlled by one or more of the minority individuals who
2909+9 own it.
2910+10 (4) "Women-owned business" means a business which is
2911+11 at least 51% owned by one or more women, or, in the case of
2912+12 a corporation, at least 51% of the stock in which is owned
2913+13 by one or more women; and the management and daily
2914+14 business operations of which are controlled by one or more
2915+15 of the women who own it.
2916+16 (4.1) "Business owned by a person with a disability"
2917+17 means a business that is at least 51% owned by one or more
2918+18 persons with a disability and the management and daily
2919+19 business operations of which are controlled by one or more
2920+20 of the persons with disabilities who own it. A
2921+21 not-for-profit agency for persons with disabilities that
2922+22 is exempt from taxation under Section 501 of the Internal
2923+23 Revenue Code of 1986 is also considered a "business owned
2924+24 by a person with a disability".
2925+25 (4.2) "Council" means the Business Enterprise Council
2926+26 for Minorities, Women, and Persons with Disabilities
2927+
2928+
2929+
2930+
2931+
2932+ HB2878 Re-Enrolled - 83 - LRB103 30786 RJT 57276 b
2933+
2934+
2935+HB2878 Re-Enrolled- 84 -LRB103 30786 RJT 57276 b HB2878 Re-Enrolled - 84 - LRB103 30786 RJT 57276 b
2936+ HB2878 Re-Enrolled - 84 - LRB103 30786 RJT 57276 b
2937+1 created under Section 5 of this Act.
2938+2 (4.3) "Commission" means, unless the context clearly
2939+3 indicates otherwise, the Commission on Equity and
2940+4 Inclusion created under the Commission on Equity and
2941+5 Inclusion Act.
2942+6 (4.4) "Certified vendor" means a minority-owned
2943+7 business, women-owned business, or business owned by a
2944+8 person with a disability that is certified by the Business
2945+9 Enterprise Program.
2946+10 (4.5) "Subcontractor" means a person or entity that
2947+11 enters into a contractual agreement with a prime vendor to
2948+12 provide, on behalf of the prime vendor, goods, services,
2949+13 real property, or remuneration or other monetary
2950+14 consideration that is the subject of the primary State
2951+15 contract. "Subcontractor" includes a sublessee under a
2952+16 State contract.
2953+17 (4.6) "Prime vendor" means any person or entity having
2954+18 a contract that is subject to this Act with a State agency
2955+19 or public institution of higher education.
2956+20 (5) "State contracts" means all contracts entered into
2957+21 by the State, any agency or department thereof, or any
2958+22 public institution of higher education, including
2959+23 community college districts, regardless of the source of
2960+24 the funds with which the contracts are paid, which are not
2961+25 subject to federal reimbursement. "State contracts" does
2962+26 not include contracts awarded by a retirement system,
2963+
2964+
2965+
2966+
2967+
2968+ HB2878 Re-Enrolled - 84 - LRB103 30786 RJT 57276 b
2969+
2970+
2971+HB2878 Re-Enrolled- 85 -LRB103 30786 RJT 57276 b HB2878 Re-Enrolled - 85 - LRB103 30786 RJT 57276 b
2972+ HB2878 Re-Enrolled - 85 - LRB103 30786 RJT 57276 b
2973+1 pension fund, or investment board subject to Section
2974+2 1-109.1 of the Illinois Pension Code. This definition
2975+3 shall control over any existing definition under this Act
2976+4 or applicable administrative rule.
2977+5 "State construction contracts" means all State
2978+6 contracts entered into by a State agency or public
2979+7 institution of higher education for the repair,
2980+8 remodeling, renovation or construction of a building or
2981+9 structure, or for the construction or maintenance of a
2982+10 highway defined in Article 2 of the Illinois Highway Code.
2983+11 (6) "State agencies" shall mean all departments,
2984+12 officers, boards, commissions, institutions and bodies
2985+13 politic and corporate of the State, but does not include
2986+14 the Board of Trustees of the University of Illinois, the
2987+15 Board of Trustees of Southern Illinois University, the
2988+16 Board of Trustees of Chicago State University, the Board
2989+17 of Trustees of Eastern Illinois University, the Board of
2990+18 Trustees of Governors State University, the Board of
2991+19 Trustees of Illinois State University, the Board of
2992+20 Trustees of Northeastern Illinois University, the Board of
2993+21 Trustees of Northern Illinois University, the Board of
2994+22 Trustees of Western Illinois University, municipalities or
2995+23 other local governmental units, or other State
2996+24 constitutional officers.
2997+25 (7) "Public institutions of higher education" means
2998+26 the University of Illinois, Southern Illinois University,
2999+
3000+
3001+
3002+
3003+
3004+ HB2878 Re-Enrolled - 85 - LRB103 30786 RJT 57276 b
3005+
3006+
3007+HB2878 Re-Enrolled- 86 -LRB103 30786 RJT 57276 b HB2878 Re-Enrolled - 86 - LRB103 30786 RJT 57276 b
3008+ HB2878 Re-Enrolled - 86 - LRB103 30786 RJT 57276 b
3009+1 Chicago State University, Eastern Illinois University,
3010+2 Governors State University, Illinois State University,
3011+3 Northeastern Illinois University, Northern Illinois
3012+4 University, Western Illinois University, the public
3013+5 community colleges of the State, and any other public
3014+6 universities, colleges, and community colleges now or
3015+7 hereafter established or authorized by the General
3016+8 Assembly.
3017+9 (8) "Certification" means a determination made by the
3018+10 Council or by one delegated authority from the Council to
3019+11 make certifications, or by a State agency with statutory
3020+12 authority to make such a certification, that a business
3021+13 entity is a business owned by a minority, woman, or person
3022+14 with a disability for whatever purpose. A business owned
3023+15 and controlled by women shall be certified as a
3024+16 "woman-owned business". A business owned and controlled by
3025+17 women who are also minorities shall be certified as both a
3026+18 "women-owned business" and a "minority-owned business".
3027+19 (9) "Control" means the exclusive or ultimate and sole
3028+20 control of the business including, but not limited to,
3029+21 capital investment and all other financial matters,
3030+22 property, acquisitions, contract negotiations, legal
3031+23 matters, officer-director-employee selection and
3032+24 comprehensive hiring, operating responsibilities,
3033+25 cost-control matters, income and dividend matters,
3034+26 financial transactions and rights of other shareholders or
3035+
3036+
3037+
3038+
3039+
3040+ HB2878 Re-Enrolled - 86 - LRB103 30786 RJT 57276 b
3041+
3042+
3043+HB2878 Re-Enrolled- 87 -LRB103 30786 RJT 57276 b HB2878 Re-Enrolled - 87 - LRB103 30786 RJT 57276 b
3044+ HB2878 Re-Enrolled - 87 - LRB103 30786 RJT 57276 b
3045+1 joint partners. Control shall be real, substantial and
3046+2 continuing, not pro forma. Control shall include the power
3047+3 to direct or cause the direction of the management and
3048+4 policies of the business and to make the day-to-day as
3049+5 well as major decisions in matters of policy, management
3050+6 and operations. Control shall be exemplified by possessing
3051+7 the requisite knowledge and expertise to run the
3052+8 particular business and control shall not include simple
3053+9 majority or absentee ownership.
3054+10 (10) "Business" means a business that has annual gross
3055+11 sales of less than $150,000,000 as evidenced by the
3056+12 federal income tax return of the business. A certified
3057+13 vendor firm with gross sales in excess of this cap may
3058+14 apply to the Council for certification for a particular
3059+15 contract if the vendor firm can demonstrate that the
3060+16 contract would have significant impact on businesses owned
3061+17 by minorities, women, or persons with disabilities as
3062+18 suppliers or subcontractors or in employment of
3063+19 minorities, women, or persons with disabilities. Firms
3064+20 with gross sales in excess of this cap that are granted
3065+21 certification by the Council shall be granted
3066+22 certification for the life of the contract, including
3067+23 available renewals.
3068+24 (11) "Utilization plan" means an attachment that is
3069+25 made to a form and additional documentations included in
3070+26 all bids or proposals and that demonstrates the bidder's
3071+
3072+
3073+
3074+
3075+
3076+ HB2878 Re-Enrolled - 87 - LRB103 30786 RJT 57276 b
3077+
3078+
3079+HB2878 Re-Enrolled- 88 -LRB103 30786 RJT 57276 b HB2878 Re-Enrolled - 88 - LRB103 30786 RJT 57276 b
3080+ HB2878 Re-Enrolled - 88 - LRB103 30786 RJT 57276 b
3081+1 or offeror's efforts to meet the contract-specific
3082+2 Business Enterprise Program goal. The utilization plan
3083+3 shall indicate whether the prime vendor intends to meet
3084+4 the Business Enterprise Program goal through its own
3085+5 performance, if it is a certified vendor, or through the
3086+6 use of subcontractors that are certified vendors a
3087+7 vendor's proposed utilization of vendors certified by the
3088+8 Business Enterprise Program to meet the targeted goal. The
3089+9 utilization plan shall demonstrate that the Vendor has
3090+10 either: (1) met the entire contract goal or (2) requested
3091+11 a full or partial waiver of the contract goal. If the prime
3092+12 vendor intends to use a subcontractor that is a certified
3093+13 vendor to fulfill the contract goal, a participation
3094+14 agreement executed between the prime vendor and the
3095+15 certified subcontractor must be included with the
3096+16 utilization plan and made good faith efforts towards
3097+17 meeting the goal.
3098+18 (12) "Business Enterprise Program" means the Business
3099+19 Enterprise Program of the Commission on Equity and
3100+20 Inclusion.
3101+21 (13) "Good faith effort" means actions undertaken by a
3102+22 vendor to achieve a contract specific Business Enterprise
3103+23 Program goal that, by scope, intensity, and
3104+24 appropriateness to the objective, can reasonably be
3105+25 expected to fulfill the program's requirements.
3106+26 (B) When a business is owned at least 51% by any
3107+
3108+
3109+
3110+
3111+
3112+ HB2878 Re-Enrolled - 88 - LRB103 30786 RJT 57276 b
3113+
3114+
3115+HB2878 Re-Enrolled- 89 -LRB103 30786 RJT 57276 b HB2878 Re-Enrolled - 89 - LRB103 30786 RJT 57276 b
3116+ HB2878 Re-Enrolled - 89 - LRB103 30786 RJT 57276 b
3117+1 combination of minority persons, women, or persons with
3118+2 disabilities, even though none of the 3 classes alone holds at
3119+3 least a 51% interest, the ownership requirement for purposes
3120+4 of this Act is considered to be met. The certification
3121+5 category for the business is that of the class holding the
3122+6 largest ownership interest in the business. If 2 or more
3123+7 classes have equal ownership interests, the certification
3124+8 category shall be determined by the business.
3125+9 (Source: P.A. 101-601, eff. 1-1-20; 101-657, eff. 1-1-22;
3126+10 102-29, eff. 6-25-21; 102-1119, eff. 1-23-23.)
3127+11 (30 ILCS 575/7) (from Ch. 127, par. 132.607)
3128+12 (Section scheduled to be repealed on June 30, 2024)
3129+13 Sec. 7. Exemptions; waivers; publication of data.
3130+14 (1) Individual contract exemptions. The Council, at the
3131+15 written request of the affected agency, public institution of
3132+16 higher education, or recipient of a grant or loan of State
3133+17 funds of $250,000 or more complying with Section 45 of the
3134+18 State Finance Act, may permit an individual contract or
3135+19 contract package, (related contracts being bid or awarded
3136+20 simultaneously for the same project or improvements) be made
3137+21 wholly or partially exempt from State contracting goals for
3138+22 businesses owned by minorities, women, and persons with
3139+23 disabilities prior to the advertisement for bids or
3140+24 solicitation of proposals whenever there has been a
3141+25 determination, reduced to writing and based on the best
3142+
3143+
3144+
3145+
3146+
3147+ HB2878 Re-Enrolled - 89 - LRB103 30786 RJT 57276 b
3148+
3149+
3150+HB2878 Re-Enrolled- 90 -LRB103 30786 RJT 57276 b HB2878 Re-Enrolled - 90 - LRB103 30786 RJT 57276 b
3151+ HB2878 Re-Enrolled - 90 - LRB103 30786 RJT 57276 b
3152+1 information available at the time of the determination, that
3153+2 there is an insufficient number of businesses owned by
3154+3 minorities, women, and persons with disabilities to ensure
3155+4 adequate competition and an expectation of reasonable prices
3156+5 on bids or proposals solicited for the individual contract or
3157+6 contract package in question. Any such exemptions shall be
3158+7 given by the Council to the Bureau on Apprenticeship Programs
3159+8 and Clean Energy Jobs.
3160+9 (a) Written request for contract exemption. A written
3161+10 request for an individual contract exemption must include,
3162+11 but is not limited to, the following:
3163+12 (i) a list of eligible businesses owned by
3164+13 minorities, women, and persons with disabilities;
3165+14 (ii) a clear demonstration that the number of
3166+15 eligible businesses identified in subparagraph (i)
3167+16 above is insufficient to ensure adequate competition;
3168+17 (iii) the difference in cost between the contract
3169+18 proposals being offered by businesses owned by
3170+19 minorities, women, and persons with disabilities and
3171+20 the agency or public institution of higher education's
3172+21 expectations of reasonable prices on bids or proposals
3173+22 within that class; and
3174+23 (iv) a list of eligible businesses owned by
3175+24 minorities, women, and persons with disabilities that
3176+25 the contractor has used in the current and prior
3177+26 fiscal years.
3178+
3179+
3180+
3181+
3182+
3183+ HB2878 Re-Enrolled - 90 - LRB103 30786 RJT 57276 b
3184+
3185+
3186+HB2878 Re-Enrolled- 91 -LRB103 30786 RJT 57276 b HB2878 Re-Enrolled - 91 - LRB103 30786 RJT 57276 b
3187+ HB2878 Re-Enrolled - 91 - LRB103 30786 RJT 57276 b
3188+1 (b) Determination. The Council's determination
3189+2 concerning an individual contract exemption must consider,
3190+3 at a minimum, the following:
3191+4 (i) the justification for the requested exemption,
3192+5 including whether diligent efforts were undertaken to
3193+6 identify and solicit eligible businesses owned by
3194+7 minorities, women, and persons with disabilities;
3195+8 (ii) the total number of exemptions granted to the
3196+9 affected agency, public institution of higher
3197+10 education, or recipient of a grant or loan of State
3198+11 funds of $250,000 or more complying with Section 45 of
3199+12 the State Finance Act that have been granted by the
3200+13 Council in the current and prior fiscal years; and
3201+14 (iii) the percentage of contracts awarded by the
3202+15 agency or public institution of higher education to
3203+16 eligible businesses owned by minorities, women, and
3204+17 persons with disabilities in the current and prior
3205+18 fiscal years.
3206+19 (2) Class exemptions.
3207+20 (a) Creation. The Council, at the written request of
3208+21 the affected agency or public institution of higher
3209+22 education, may permit an entire class of contracts be made
3210+23 exempt from State contracting goals for businesses owned
3211+24 by minorities, women, and persons with disabilities
3212+25 whenever there has been a determination, reduced to
3213+26 writing and based on the best information available at the
3214+
3215+
3216+
3217+
3218+
3219+ HB2878 Re-Enrolled - 91 - LRB103 30786 RJT 57276 b
3220+
3221+
3222+HB2878 Re-Enrolled- 92 -LRB103 30786 RJT 57276 b HB2878 Re-Enrolled - 92 - LRB103 30786 RJT 57276 b
3223+ HB2878 Re-Enrolled - 92 - LRB103 30786 RJT 57276 b
3224+1 time of the determination, that there is an insufficient
3225+2 number of qualified businesses owned by minorities, women,
3226+3 and persons with disabilities to ensure adequate
3227+4 competition and an expectation of reasonable prices on
3228+5 bids or proposals within that class. Any such exemption
3229+6 shall be given by the Council to the Bureau on
3230+7 Apprenticeship Programs and Clean Energy Jobs.
3231+8 (a-1) Written request for class exemption. A written
3232+9 request for a class exemption must include, but is not
3233+10 limited to, the following:
3234+11 (i) a list of eligible businesses owned by
3235+12 minorities, women, and persons with disabilities;
3236+13 (ii) a clear demonstration that the number of
3237+14 eligible businesses identified in subparagraph (i)
3238+15 above is insufficient to ensure adequate competition;
3239+16 (iii) the difference in cost between the contract
3240+17 proposals being offered by eligible businesses owned
3241+18 by minorities, women, and persons with disabilities
3242+19 and the agency or public institution of higher
3243+20 education's expectations of reasonable prices on bids
3244+21 or proposals within that class; and
3245+22 (iv) the number of class exemptions the affected
3246+23 agency or public institution of higher education
3247+24 requested in the current and prior fiscal years.
3248+25 (a-2) Determination. The Council's determination
3249+26 concerning class exemptions must consider, at a minimum,
3250+
3251+
3252+
3253+
3254+
3255+ HB2878 Re-Enrolled - 92 - LRB103 30786 RJT 57276 b
3256+
3257+
3258+HB2878 Re-Enrolled- 93 -LRB103 30786 RJT 57276 b HB2878 Re-Enrolled - 93 - LRB103 30786 RJT 57276 b
3259+ HB2878 Re-Enrolled - 93 - LRB103 30786 RJT 57276 b
3260+1 the following:
3261+2 (i) the justification for the requested exemption,
3262+3 including whether diligent efforts were undertaken to
3263+4 identify and solicit eligible businesses owned by
3264+5 minorities, women, and persons with disabilities;
3265+6 (ii) the total number of class exemptions granted
3266+7 to the requesting agency or public institution of
3267+8 higher education that have been granted by the Council
3268+9 in the current and prior fiscal years; and
3269+10 (iii) the percentage of contracts awarded by the
3270+11 agency or public institution of higher education to
3271+12 eligible businesses owned by minorities, women, and
3272+13 persons with disabilities the current and prior fiscal
3273+14 years.
3274+15 (b) Limitation. Any such class exemption shall not be
3275+16 permitted for a period of more than one year at a time.
3276+17 (3) Waivers. Where a particular contract requires a vendor
3277+18 contractor to meet a goal established pursuant to this Act,
3278+19 the vendor contractor shall have the right to request a waiver
3279+20 from such requirements prior to the contract award. The
3280+21 Business Enterprise Program shall evaluate a vendor's request
3281+22 for a waiver based on the vendor's documented good faith
3282+23 efforts to meet the contract-specific Business Enterprise
3283+24 Program goal. The Council shall grant the waiver when the
3284+25 contractor demonstrates that there has been made a good faith
3285+26 effort to comply with the goals for participation by
3286+
3287+
3288+
3289+
3290+
3291+ HB2878 Re-Enrolled - 93 - LRB103 30786 RJT 57276 b
3292+
3293+
3294+HB2878 Re-Enrolled- 94 -LRB103 30786 RJT 57276 b HB2878 Re-Enrolled - 94 - LRB103 30786 RJT 57276 b
3295+ HB2878 Re-Enrolled - 94 - LRB103 30786 RJT 57276 b
3296+1 businesses owned by minorities, women, and persons with
3297+2 disabilities. Any such waiver shall also be transmitted in
3298+3 writing to the Bureau on Apprenticeship Programs and Clean
3299+4 Energy Jobs.
3300+5 (a) Request for waiver. A vendor's contractor's
3301+6 request for a waiver under this subsection (3) must
3302+7 include, but is not limited to, the following, if
3303+8 available:
3304+9 (i) a list of eligible businesses owned by
3305+10 minorities, women, and persons with disabilities that
3306+11 pertain to the the class of contracts in the requested
3307+12 waiver that were contacted by the vendor scope of work
3308+13 of the contract. Eligible businesses are only eligible
3309+14 if the business is certified for the products or work
3310+15 advertised in the solicitation or bid;
3311+16 (ii) (blank);
3312+17 (iia) a clear demonstration that the vendor
3313+18 contractor selected portions of the work to be
3314+19 performed by certified vendors to facilitate meeting
3315+20 the contract specific goal, and that certified vendors
3316+21 that have the capability to perform the work of the
3317+22 contract were eligible businesses owned by minorities,
3318+23 women, and persons with disabilities, solicited
3319+24 through all reasonable and available means eligible
3320+25 businesses, and negotiated in good faith with
3321+26 interested eligible businesses;
3322+
3323+
3324+
3325+
3326+
3327+ HB2878 Re-Enrolled - 94 - LRB103 30786 RJT 57276 b
3328+
3329+
3330+HB2878 Re-Enrolled- 95 -LRB103 30786 RJT 57276 b HB2878 Re-Enrolled - 95 - LRB103 30786 RJT 57276 b
3331+ HB2878 Re-Enrolled - 95 - LRB103 30786 RJT 57276 b
3332+1 (iib) documentation demonstrating that certified
3333+2 vendors businesses owned by minorities, women, and
3334+3 persons with disabilities are not rejected as being
3335+4 unqualified without sound reasons based on a thorough
3336+5 investigation of their capabilities. The certified
3337+6 vendor's standing within its industry, membership in
3338+7 specific groups, organizations, or associations, and
3339+8 political or social affiliations are not legitimate
3340+9 causes for rejecting or not contacting or negotiating
3341+10 with a certified vendor;
3342+11 (iic) proof that the prime vendor solicited
3343+12 eligible certified vendors with: (1) sufficient time
3344+13 to respond; (2) adequate information about the scope,
3345+14 specifications, and requirements of the solicitation
3346+15 or bid, including plans, drawings, and addenda, to
3347+16 allow eligible businesses an opportunity to respond to
3348+17 the solicitation or bid; and (3) sufficient follow up
3349+18 with certified vendors;
3350+19 (iid) a clear demonstration that the prime vendor
3351+20 communicated with certified vendors;
3352+21 (iie) evidence that the prime vendor negotiated
3353+22 with certified vendors to enter into subcontracts to
3354+23 provide a commercially useful function of the contract
3355+24 for a reasonable cost;
3356+25 (iii) documentation demonstrating that the
3357+26 difference in cost between the contract proposals
3358+
3359+
3360+
3361+
3362+
3363+ HB2878 Re-Enrolled - 95 - LRB103 30786 RJT 57276 b
3364+
3365+
3366+HB2878 Re-Enrolled- 96 -LRB103 30786 RJT 57276 b HB2878 Re-Enrolled - 96 - LRB103 30786 RJT 57276 b
3367+ HB2878 Re-Enrolled - 96 - LRB103 30786 RJT 57276 b
3368+1 being offered by certified vendors is contract
3369+2 proposals being offered by businesses owned by
3370+3 minorities, women, and persons with disabilities are
3371+4 excessive or unreasonable; and
3372+5 (iv) a list of certified vendors businesses owned
3373+6 by minorities, women, and persons with disabilities
3374+7 that the contractor has used in the current and prior
3375+8 fiscal years; .
3376+9 (v) documentation demonstrating that the vendor
3377+10 made efforts to utilize certified vendors despite the
3378+11 ability or desire of a vendor to perform the work with
3379+12 its own operations by selecting portions of the work
3380+13 to be performed by certified vendors, which may, when
3381+14 appropriate, include breaking out portions of the work
3382+15 to be performed into economically feasible units to
3383+16 facilitate certified vendor participation; and
3384+17 (vi) documentation that the vendor used the
3385+18 services of: (1) the State; (2) organizations or
3386+19 contractors' groups representing or composed of
3387+20 minorities, women, or persons with disabilities; (3)
3388+21 local, State, or federal assistance offices
3389+22 representing or assisting minorities, women, or
3390+23 persons with disabilities; and (4) other organizations
3391+24 that provide assistance in the recruitment and
3392+25 engagement of certified vendors.
3393+26 If any of the information required under this
3394+
3395+
3396+
3397+
3398+
3399+ HB2878 Re-Enrolled - 96 - LRB103 30786 RJT 57276 b
3400+
3401+
3402+HB2878 Re-Enrolled- 97 -LRB103 30786 RJT 57276 b HB2878 Re-Enrolled - 97 - LRB103 30786 RJT 57276 b
3403+ HB2878 Re-Enrolled - 97 - LRB103 30786 RJT 57276 b
3404+1 subdivision (a) is not available to the vendor, despite
3405+2 the vendor's good faith efforts to obtain the information,
3406+3 the vendor's request for a waiver must contain a written
3407+4 explanation of why that information is not included.
3408+5 (b) Determination. The Council's determination
3409+6 concerning waivers must include following:
3410+7 (i) the justification for the requested waiver,
3411+8 including whether the requesting vendor contractor
3412+9 made a good faith effort to identify and solicit
3413+10 certified vendors based on the criteria set forth in
3414+11 this Section eligible businesses owned by minorities,
3415+12 women, and persons with disabilities;
3416+13 (ii) the total number of waivers the vendor
3417+14 contractor has been granted by the Council in the
3418+15 current and prior fiscal years;
3419+16 (iii) (blank); and
3420+17 (iv) the vendor's contractor's use of businesses
3421+18 owned by minorities, women, and persons with
3422+19 disabilities in the current and prior fiscal years.
3423+20 (3.5) (Blank).
3424+21 (4) Conflict with other laws. In the event that any State
3425+22 contract, which otherwise would be subject to the provisions
3426+23 of this Act, is or becomes subject to federal laws or
3427+24 regulations which conflict with the provisions of this Act or
3428+25 actions of the State taken pursuant hereto, the provisions of
3429+26 the federal laws or regulations shall apply and the contract
3430+
3431+
3432+
3433+
3434+
3435+ HB2878 Re-Enrolled - 97 - LRB103 30786 RJT 57276 b
3436+
3437+
3438+HB2878 Re-Enrolled- 98 -LRB103 30786 RJT 57276 b HB2878 Re-Enrolled - 98 - LRB103 30786 RJT 57276 b
3439+ HB2878 Re-Enrolled - 98 - LRB103 30786 RJT 57276 b
3440+1 shall be interpreted and enforced accordingly.
3441+2 (5) Each chief procurement officer, as defined in the
3442+3 Illinois Procurement Code, shall maintain on his or her
3443+4 official Internet website a database of the following: (i)
3444+5 waivers granted under this Section with respect to contracts
3445+6 under his or her jurisdiction; (ii) a State agency or public
3446+7 institution of higher education's written request for an
3447+8 exemption of an individual contract or an entire class of
3448+9 contracts; and (iii) the Council's written determination
3449+10 granting or denying a request for an exemption of an
3450+11 individual contract or an entire class of contracts. The
3451+12 database, which shall be updated periodically as necessary,
3452+13 shall be searchable by contractor name and by contracting
3453+14 State agency.
3454+15 (6) Each chief procurement officer, as defined by the
3455+16 Illinois Procurement Code, shall maintain on its website a
3456+17 list of all vendors firms that have been prohibited from
3457+18 bidding, offering, or entering into a contract with the State
3458+19 of Illinois as a result of violations of this Act.
3459+20 Each public notice required by law of the award of a State
3460+21 contract shall include for each bid or offer submitted for
3461+22 that contract the following: (i) the bidder's or offeror's
3462+23 name, (ii) the bid amount, (iii) the name or names of the
3463+24 certified vendors firms identified in the bidder's or
3464+25 offeror's submitted utilization plan, and (iv) the bid's
3465+26 amount and percentage of the contract awarded to each
3466+
3467+
3468+
3469+
3470+
3471+ HB2878 Re-Enrolled - 98 - LRB103 30786 RJT 57276 b
3472+
3473+
3474+HB2878 Re-Enrolled- 99 -LRB103 30786 RJT 57276 b HB2878 Re-Enrolled - 99 - LRB103 30786 RJT 57276 b
3475+ HB2878 Re-Enrolled - 99 - LRB103 30786 RJT 57276 b
3476+1 certified vendor that is a business businesses owned by
3477+2 minorities, women, and persons with disabilities identified in
3478+3 the utilization plan.
3479+4 (Source: P.A. 101-170, eff. 1-1-20; 101-601, eff. 1-1-20;
3480+5 101-657, eff. 1-1-22; 102-29, eff. 6-25-21; 102-662, eff.
3481+6 9-15-21.)
3482+7 ARTICLE 75. PUBLIC INSTITUTIONS OF HIGHER EDUCATION
3483+8 Section 75-5. The Illinois Procurement Code is amended by
3484+9 changing Section 1-13 as follows:
3485+10 (30 ILCS 500/1-13)
3486+11 Sec. 1-13. Applicability to public institutions of higher
3487+12 education.
3488+13 (a) This Code shall apply to public institutions of higher
3489+14 education, regardless of the source of the funds with which
3490+15 contracts are paid, except as provided in this Section.
3491+16 (b) Except as provided in this Section, this Code shall
3492+17 not apply to procurements made by or on behalf of public
3493+18 institutions of higher education for any of the following:
3494+19 (1) Memberships in professional, academic, research,
3495+20 or athletic organizations on behalf of a public
3496+21 institution of higher education, an employee of a public
3497+22 institution of higher education, or a student at a public
3498+23 institution of higher education.
3499+
3500+
3501+
3502+
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3505+
3506+
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3508+ HB2878 Re-Enrolled - 100 - LRB103 30786 RJT 57276 b
3509+1 (2) Procurement expenditures for events or activities
3510+2 paid for exclusively by revenues generated by the event or
3511+3 activity, gifts or donations for the event or activity,
3512+4 private grants, or any combination thereof.
3513+5 (3) Procurement expenditures for events or activities
3514+6 for which the use of specific potential contractors is
3515+7 mandated or identified by the sponsor of the event or
3516+8 activity, provided that the sponsor is providing a
3517+9 majority of the funding for the event or activity.
3518+10 (4) Procurement expenditures necessary to provide
3519+11 athletic, artistic or musical services, performances,
3520+12 events, or productions by or for a public institution of
3521+13 higher education.
3522+14 (5) Procurement expenditures for periodicals, books,
3523+15 subscriptions, database licenses, and other publications
3524+16 procured for use by a university library or academic
3525+17 department, except for expenditures related to procuring
3526+18 textbooks for student use or materials for resale or
3527+19 rental.
3528+20 (6) Procurement expenditures for placement of students
3529+21 in externships, practicums, field experiences, and for
3530+22 medical residencies and rotations.
3531+23 (7) Contracts for programming and broadcast license
3532+24 rights for university-operated radio and television
3533+25 stations.
3534+26 (8) Procurement expenditures necessary to perform
3535+
3536+
3537+
3538+
3539+
3540+ HB2878 Re-Enrolled - 100 - LRB103 30786 RJT 57276 b
3541+
3542+
3543+HB2878 Re-Enrolled- 101 -LRB103 30786 RJT 57276 b HB2878 Re-Enrolled - 101 - LRB103 30786 RJT 57276 b
3544+ HB2878 Re-Enrolled - 101 - LRB103 30786 RJT 57276 b
3545+1 sponsored research and other sponsored activities under
3546+2 grants and contracts funded by the sponsor or by sources
3547+3 other than State appropriations.
3548+4 (9) Contracts with a foreign entity for research or
3549+5 educational activities, provided that the foreign entity
3550+6 either does not maintain an office in the United States or
3551+7 is the sole source of the service or product.
3552+8 (10) Procurement expenditures for any ongoing software
3553+9 license or maintenance agreement or competitively
3554+10 solicited software purchase, when the software, license,
3555+11 or maintenance agreement is available through only the
3556+12 software creator or its manufacturer and not a reseller.
3557+13 (11) Procurement expenditures incurred outside of the
3558+14 United States for the recruitment of international
3559+15 students.
3560+16 (12) Procurement expenditures for contracts entered
3561+17 into under the Public University Energy Conservation Act.
3562+18 (13) Procurement expenditures for advertising
3563+19 purchased directly from a media station or the owner of
3564+20 the station for distribution of advertising.
3565+21 Notice of each contract with an annual value of more than
3566+22 $100,000 entered into by a public institution of higher
3567+23 education that is related to the procurement of goods and
3568+24 services identified in items (1) through (13) (11) of this
3569+25 subsection shall be published in the Procurement Bulletin
3570+26 within 14 calendar days after contract execution. The Chief
3571+
3572+
3573+
3574+
3575+
3576+ HB2878 Re-Enrolled - 101 - LRB103 30786 RJT 57276 b
3577+
3578+
3579+HB2878 Re-Enrolled- 102 -LRB103 30786 RJT 57276 b HB2878 Re-Enrolled - 102 - LRB103 30786 RJT 57276 b
3580+ HB2878 Re-Enrolled - 102 - LRB103 30786 RJT 57276 b
3581+1 Procurement Officer shall prescribe the form and content of
3582+2 the notice. Each public institution of higher education shall
3583+3 provide the Chief Procurement Officer, on a monthly basis, in
3584+4 the form and content prescribed by the Chief Procurement
3585+5 Officer, a report of contracts that are related to the
3586+6 procurement of goods and services identified in this
3587+7 subsection. At a minimum, this report shall include the name
3588+8 of the contractor, a description of the supply or service
3589+9 provided, the total amount of the contract, the term of the
3590+10 contract, and the exception to the Code utilized. A copy of any
3591+11 or all of these contracts shall be made available to the Chief
3592+12 Procurement Officer immediately upon request. The Chief
3593+13 Procurement Officer shall submit a report to the Governor and
3594+14 General Assembly no later than November 1 of each year that
3595+15 shall include, at a minimum, an annual summary of the monthly
3596+16 information reported to the Chief Procurement Officer.
3597+17 (b-5) Except as provided in this subsection, the
3598+18 provisions of this Code shall not apply to contracts for
3599+19 medical supplies or to contracts for medical services
3600+20 necessary for the delivery of care and treatment at medical,
3601+21 dental, or veterinary teaching facilities used by Southern
3602+22 Illinois University or the University of Illinois or at any
3603+23 university-operated health care center or dispensary that
3604+24 provides care, treatment, and medications for students,
3605+25 faculty, and staff. Furthermore, the provisions of this Code
3606+26 do not apply to the procurement by such a facility of any
3607+
3608+
3609+
3610+
3611+
3612+ HB2878 Re-Enrolled - 102 - LRB103 30786 RJT 57276 b
3613+
3614+
3615+HB2878 Re-Enrolled- 103 -LRB103 30786 RJT 57276 b HB2878 Re-Enrolled - 103 - LRB103 30786 RJT 57276 b
3616+ HB2878 Re-Enrolled - 103 - LRB103 30786 RJT 57276 b
3617+1 additional supplies or services that the operator of the
3618+2 facility deems necessary for the effective use and functioning
3619+3 of the medical supplies or services that are otherwise exempt
3620+4 from this Code under this subsection (b-5). However, other
3621+5 supplies and services needed for these teaching facilities
3622+6 shall be subject to the jurisdiction of the Chief Procurement
3623+7 Officer for Public Institutions of Higher Education who may
3624+8 establish expedited procurement procedures and may waive or
3625+9 modify certification, contract, hearing, process and
3626+10 registration requirements required by the Code. All
3627+11 procurements made under this subsection shall be documented
3628+12 and may require publication in the Illinois Procurement
3629+13 Bulletin.
3630+14 (b-10) Procurements made by or on behalf of the University
3631+15 of Illinois for investment services may be entered into or
3632+16 renewed without being subject to the requirements of this
3633+17 Code. Notice of intent to renew a contract shall be published
3634+18 in the Illinois Public Higher Education Procurement Bulletin
3635+19 at least 14 days prior to the execution of a renewal, and the
3636+20 University of Illinois shall hold a public hearing for
3637+21 interested parties to provide public comment. Any contract
3638+22 extended, renewed, or entered pursuant to this exception shall
3639+23 be published in the Illinois Public Higher Education
3640+24 Procurement Bulletin within 5 days of contract execution.
3641+25 (c) Procurements made by or on behalf of public
3642+26 institutions of higher education for the fulfillment of a
3643+
3644+
3645+
3646+
3647+
3648+ HB2878 Re-Enrolled - 103 - LRB103 30786 RJT 57276 b
3649+
3650+
3651+HB2878 Re-Enrolled- 104 -LRB103 30786 RJT 57276 b HB2878 Re-Enrolled - 104 - LRB103 30786 RJT 57276 b
3652+ HB2878 Re-Enrolled - 104 - LRB103 30786 RJT 57276 b
3653+1 grant shall be made in accordance with the requirements of
3654+2 this Code to the extent practical.
3655+3 Upon the written request of a public institution of higher
3656+4 education, the Chief Procurement Officer may waive contract,
3657+5 registration, certification, and hearing requirements of this
3658+6 Code if, based on the item to be procured or the terms of a
3659+7 grant, compliance is impractical. The public institution of
3660+8 higher education shall provide the Chief Procurement Officer
3661+9 with specific reasons for the waiver, including the necessity
3662+10 of contracting with a particular potential contractor, and
3663+11 shall certify that an effort was made in good faith to comply
3664+12 with the provisions of this Code. The Chief Procurement
3665+13 Officer shall provide written justification for any waivers.
3666+14 By November 1 of each year, the Chief Procurement Officer
3667+15 shall file a report with the General Assembly identifying each
3668+16 contract approved with waivers and providing the justification
3669+17 given for any waivers for each of those contracts. Notice of
3670+18 each waiver made under this subsection shall be published in
3671+19 the Procurement Bulletin within 14 calendar days after
3672+20 contract execution. The Chief Procurement Officer shall
3673+21 prescribe the form and content of the notice.
3674+22 (d) Notwithstanding this Section, a waiver of the
3675+23 registration requirements of Section 20-160 does not permit a
3676+24 business entity and any affiliated entities or affiliated
3677+25 persons to make campaign contributions if otherwise prohibited
3678+26 by Section 50-37. The total amount of contracts awarded in
3679+
3680+
3681+
3682+
3683+
3684+ HB2878 Re-Enrolled - 104 - LRB103 30786 RJT 57276 b
3685+
3686+
3687+HB2878 Re-Enrolled- 105 -LRB103 30786 RJT 57276 b HB2878 Re-Enrolled - 105 - LRB103 30786 RJT 57276 b
3688+ HB2878 Re-Enrolled - 105 - LRB103 30786 RJT 57276 b
3689+1 accordance with this Section shall be included in determining
3690+2 the aggregate amount of contracts or pending bids of a
3691+3 business entity and any affiliated entities or affiliated
3692+4 persons.
3693+5 (e) Notwithstanding subsection (e) of Section 50-10.5 of
3694+6 this Code, the Chief Procurement Officer, with the approval of
3695+7 the Executive Ethics Commission, may permit a public
3696+8 institution of higher education to accept a bid or enter into a
3697+9 contract with a business that assisted the public institution
3698+10 of higher education in determining whether there is a need for
3699+11 a contract or assisted in reviewing, drafting, or preparing
3700+12 documents related to a bid or contract, provided that the bid
3701+13 or contract is essential to research administered by the
3702+14 public institution of higher education and it is in the best
3703+15 interest of the public institution of higher education to
3704+16 accept the bid or contract. For purposes of this subsection,
3705+17 "business" includes all individuals with whom a business is
3706+18 affiliated, including, but not limited to, any officer, agent,
3707+19 employee, consultant, independent contractor, director,
3708+20 partner, manager, or shareholder of a business. The Executive
3709+21 Ethics Commission may promulgate rules and regulations for the
3710+22 implementation and administration of the provisions of this
3711+23 subsection (e).
3712+24 (f) As used in this Section:
3713+25 "Grant" means non-appropriated funding provided by a
3714+26 federal or private entity to support a project or program
3715+
3716+
3717+
3718+
3719+
3720+ HB2878 Re-Enrolled - 105 - LRB103 30786 RJT 57276 b
3721+
3722+
3723+HB2878 Re-Enrolled- 106 -LRB103 30786 RJT 57276 b HB2878 Re-Enrolled - 106 - LRB103 30786 RJT 57276 b
3724+ HB2878 Re-Enrolled - 106 - LRB103 30786 RJT 57276 b
3725+1 administered by a public institution of higher education and
3726+2 any non-appropriated funding provided to a sub-recipient of
3727+3 the grant.
3728+4 "Public institution of higher education" means Chicago
3729+5 State University, Eastern Illinois University, Governors State
3730+6 University, Illinois State University, Northeastern Illinois
3731+7 University, Northern Illinois University, Southern Illinois
3732+8 University, University of Illinois, Western Illinois
3733+9 University, and, for purposes of this Code only, the Illinois
3734+10 Mathematics and Science Academy.
3735+11 (g) (Blank).
3736+12 (h) The General Assembly finds and declares that:
3737+13 (1) Public Act 98-1076, which took effect on January
3738+14 1, 2015, changed the repeal date set for this Section from
3739+15 December 31, 2014 to December 31, 2016.
3740+16 (2) The Statute on Statutes sets forth general rules
3741+17 on the repeal of statutes and the construction of multiple
3742+18 amendments, but Section 1 of that Act also states that
3743+19 these rules will not be observed when the result would be
3744+20 "inconsistent with the manifest intent of the General
3745+21 Assembly or repugnant to the context of the statute".
3746+22 (3) This amendatory Act of the 100th General Assembly
3747+23 manifests the intention of the General Assembly to remove
3748+24 the repeal of this Section.
3749+25 (4) This Section was originally enacted to protect,
3750+26 promote, and preserve the general welfare. Any
3751+
3752+
3753+
3754+
3755+
3756+ HB2878 Re-Enrolled - 106 - LRB103 30786 RJT 57276 b
3757+
3758+
3759+HB2878 Re-Enrolled- 107 -LRB103 30786 RJT 57276 b HB2878 Re-Enrolled - 107 - LRB103 30786 RJT 57276 b
3760+ HB2878 Re-Enrolled - 107 - LRB103 30786 RJT 57276 b
3761+1 construction of this Section that results in the repeal of
3762+2 this Section on December 31, 2014 would be inconsistent
3763+3 with the manifest intent of the General Assembly and
3764+4 repugnant to the context of this Code.
3765+5 It is hereby declared to have been the intent of the
3766+6 General Assembly that this Section not be subject to repeal on
3767+7 December 31, 2014.
3768+8 This Section shall be deemed to have been in continuous
3769+9 effect since December 20, 2011 (the effective date of Public
3770+10 Act 97-643), and it shall continue to be in effect
3771+11 henceforward until it is otherwise lawfully repealed. All
3772+12 previously enacted amendments to this Section taking effect on
3773+13 or after December 31, 2014, are hereby validated.
3774+14 All actions taken in reliance on or pursuant to this
3775+15 Section by any public institution of higher education, person,
3776+16 or entity are hereby validated.
3777+17 In order to ensure the continuing effectiveness of this
3778+18 Section, it is set forth in full and re-enacted by this
3779+19 amendatory Act of the 100th General Assembly. This
3780+20 re-enactment is intended as a continuation of this Section. It
3781+21 is not intended to supersede any amendment to this Section
3782+22 that is enacted by the 100th General Assembly.
3783+23 In this amendatory Act of the 100th General Assembly, the
3784+24 base text of the reenacted Section is set forth as amended by
3785+25 Public Act 98-1076. Striking and underscoring is used only to
3786+26 show changes being made to the base text.
3787+
3788+
3789+
3790+
3791+
3792+ HB2878 Re-Enrolled - 107 - LRB103 30786 RJT 57276 b
3793+
3794+
3795+HB2878 Re-Enrolled- 108 -LRB103 30786 RJT 57276 b HB2878 Re-Enrolled - 108 - LRB103 30786 RJT 57276 b
3796+ HB2878 Re-Enrolled - 108 - LRB103 30786 RJT 57276 b
3797+1 This Section applies to all procurements made on or before
3798+2 the effective date of this amendatory Act of the 100th General
3799+3 Assembly.
3800+4 (Source: P.A. 101-640, eff. 6-12-20; 102-16, eff. 6-17-21;
3801+5 102-721, eff. 5-6-22; 102-1119, eff. 1-23-23.)
3802+6 ARTICLE 80. STATE FAIRGROUNDS
3803+7 Section 80-5. The State Fair Act is amended by adding
3804+8 Section 7.1 as follows:
3805+9 (20 ILCS 210/7.1 new)
3806+10 Sec. 7.1. Procurement for artistic or musical services,
3807+11 performances, events, or productions on the State Fairgrounds.
3808+12 (a) Procurement expenditures necessary to provide artistic
3809+13 or musical services, performances, events, or productions
3810+14 under this Act at the State Fairgrounds in Springfield and
3811+15 DuQuoin are exempt from the requirements of the Illinois
3812+16 Procurement Code. The expenditures may include, but are not
3813+17 limited to, entertainment, advertising, concessions, space
3814+18 rentals, sponsorships, and other services necessary to provide
3815+19 such events.
3816+20 (b) Notice of each contract with an annual value of more
3817+21 than $100,000 entered into by the Department that is related
3818+22 to the procurement of goods and services identified in this
3819+23 Section shall be published in the Illinois Procurement
3820+
3821+
3822+
3823+
3824+
3825+ HB2878 Re-Enrolled - 108 - LRB103 30786 RJT 57276 b
3826+
3827+
3828+HB2878 Re-Enrolled- 109 -LRB103 30786 RJT 57276 b HB2878 Re-Enrolled - 109 - LRB103 30786 RJT 57276 b
3829+ HB2878 Re-Enrolled - 109 - LRB103 30786 RJT 57276 b
3830+1 Bulletin within 30 calendar days after contract execution. The
3831+2 Department shall provide the chief procurement officer, on a
3832+3 monthly basis, a report of contracts that are related to the
3833+4 procurement of supplies and services identified in this
3834+5 Section. At a minimum, this report shall include the name of
3835+6 the contractor, a description of the supply or service
3836+7 provided, the total amount of the contract, the term of the
3837+8 contract, and reference to the exception in this Section. A
3838+9 copy of any or all of these contracts shall be made available
3839+10 to the chief procurement officer immediately upon request.
3840+11 (c) This Section is repealed on July 1, 2028.
3841+12 ARTICLE 85. TRANSPORTATION SUSTAINABILITY PROCUREMENT PROGRAM
3842+13 Section 85-5. The Transportation Sustainability
3843+14 Procurement Program Act is amended by changing Section 10 as
3844+15 follows:
3845+16 (30 ILCS 530/10)
3846+17 Sec. 10. Contracts for the procurement of freight, small
3847+18 package delivery, and other cargo shipping and transportation
3848+19 services.
3849+20 (a) The State's Chief Procurement Officers shall, in
3850+21 consultation with the Illinois Environmental Protection
3851+22 Agency, develop a sustainability program for the State's
3852+23 procurement of shipping and transportation services for
3853+
3854+
3855+
3856+
3857+
3858+ HB2878 Re-Enrolled - 109 - LRB103 30786 RJT 57276 b
3859+
3860+
3861+HB2878 Re-Enrolled- 110 -LRB103 30786 RJT 57276 b HB2878 Re-Enrolled - 110 - LRB103 30786 RJT 57276 b
3862+ HB2878 Re-Enrolled - 110 - LRB103 30786 RJT 57276 b
3863+1 freight, small package delivery, and other forms of cargo.
3864+2 (b) State contracts for the procurement of freight, small
3865+3 package delivery, and other cargo shipping and transportation
3866+4 services shall require providers to report, using generally
3867+5 accepted reporting protocols adopted by the Agency for that
3868+6 purpose:
3869+7 (1) the amount of energy the service provider consumed
3870+8 to provide those services to the State and the amount of
3871+9 associated greenhouse gas emissions, including energy use
3872+10 and greenhouse gases emitted as a result of the provider's
3873+11 use of electricity in its facilities;
3874+12 (2) the energy use and greenhouse gas emissions by the
3875+13 service provider's subcontractors in the performance of
3876+14 those services.
3877+15 (c) The State's solicitation for the procurement of
3878+16 freight, small package delivery, and other cargo shipping and
3879+17 transportation services shall be subject to the Illinois
3880+18 Procurement Code or the Governmental Joint Purchasing Act and
3881+19 shall:
3882+20 (1) specify how the bidder will report its energy use
3883+21 and associated greenhouse gas emissions under the
3884+22 contract; and
3885+23 (2) call for bidders to disclose in their responses to
3886+24 the solicitation:
3887+25 (A) measures they use to reduce vehicle engine
3888+26 idling;
3889+
3890+
3891+
3892+
3893+
3894+ HB2878 Re-Enrolled - 110 - LRB103 30786 RJT 57276 b
3895+
3896+
3897+HB2878 Re-Enrolled- 111 -LRB103 30786 RJT 57276 b HB2878 Re-Enrolled - 111 - LRB103 30786 RJT 57276 b
3898+ HB2878 Re-Enrolled - 111 - LRB103 30786 RJT 57276 b
3899+1 (B) their use of multi-modal transportation, such
3900+2 as rail, trucks, or air transport, and how the use of
3901+3 those types of transportation is anticipated to reduce
3902+4 costs for the State;
3903+5 (C) the extent of their use of (i) cleaner, less
3904+6 expensive fuels as an alternative to petroleum or (ii)
3905+7 more efficient vehicle propulsion systems;
3906+8 (D) the level of transparency of the provider's
3907+9 reporting under subsection (b), and what independent
3908+10 verification and assurance measures exist for this
3909+11 reporting;
3910+12 (E) their use of speed governors on heavy trucks;
3911+13 (F) their use of recyclable packaging;
3912+14 (G) measures of their network efficiency,
3913+15 including the in-vehicle use of telematics or other
3914+16 related technologies that provide for improved vehicle
3915+17 and network optimization and efficiencies;
3916+18 (H) their energy intensity per unit of output
3917+19 delivered;
3918+20 (I) how they will advance the environmental goals
3919+21 of the State; and
3920+22 (J) opportunities to effectively neutralize the
3921+23 greenhouse gas emissions reported under subsection
3922+24 (b).
3923+25 (d) In selecting providers for such services, the State,
3924+26 as part of a best value analysis of the responses to the
3925+
3926+
3927+
3928+
3929+
3930+ HB2878 Re-Enrolled - 111 - LRB103 30786 RJT 57276 b
3931+
3932+
3933+HB2878 Re-Enrolled- 112 -LRB103 30786 RJT 57276 b HB2878 Re-Enrolled - 112 - LRB103 30786 RJT 57276 b
3934+ HB2878 Re-Enrolled - 112 - LRB103 30786 RJT 57276 b
3935+1 State's solicitation:
3936+2 (1) shall give appropriate weight to the disclosures
3937+3 in subdivision (c)(2) of this Section;
3938+4 (2) shall give appropriate weight to the price and
3939+5 quality of the services being offered; and
3940+6 (3) may accept from the service provider an optional
3941+7 offer at a reasonable cost of carbon neutral shipping in
3942+8 which the provider calculates the direct and indirect
3943+9 greenhouse gas emissions of the provider that are
3944+10 specified under subsection (b) above, and obtains
3945+11 independently verified carbon credits to offset those
3946+12 emissions and then retires the carbon credits.
3947+13 (e) The Chief Procurement Officer identified under item
3948+14 (5) of Section 1-15.15 of the Illinois Procurement Code shall
3949+15 adopt rules to encourage all State agencies to use the least
3950+16 costly level of service or mode of transport (while
3951+17 distinguishing between express or air versus ground delivery)
3952+18 that can achieve on-time delivery for the product being
3953+19 transported and delivered.
3954+20 (Source: P.A. 98-348, eff. 8-14-13.)
3955+21 ARTICLE 90. PUBLIC-PRIVATE PARTNERSHIP FOR TRANSPORTATION ACT
3956+22 Section 90-5. The Public-Private Partnerships for
3957+23 Transportation Act is amended by changing Sections 5, 10, 15,
3958+24 20, 30, 35, 40, 45, 50, 55, 65, 70, 80, and 85 and by adding
3959+
3960+
3961+
3962+
3963+
3964+ HB2878 Re-Enrolled - 112 - LRB103 30786 RJT 57276 b
3965+
3966+
3967+HB2878 Re-Enrolled- 113 -LRB103 30786 RJT 57276 b HB2878 Re-Enrolled - 113 - LRB103 30786 RJT 57276 b
3968+ HB2878 Re-Enrolled - 113 - LRB103 30786 RJT 57276 b
3969+1 Section 19 as follows:
3970+2 (630 ILCS 5/5)
3971+3 Sec. 5. Public policy and legislative intent.
3972+4 (a) It is the public policy of the State of Illinois to
3973+5 promote the design, development, construction, financing, and
3974+6 operation of transportation facilities that serve the needs of
3975+7 the public.
3976+8 (b) Existing methods of procurement and financing of
3977+9 transportation facilities by responsible public entities
3978+10 transportation agencies impose limitations on the methods by
3979+11 which transportation facilities may be developed and operated
3980+12 within the State.
3981+13 (c) Authorizing responsible public entities transportation
3982+14 agencies to enter into public-private partnerships, whereby
3983+15 private entities may develop, operate, and finance
3984+16 transportation facilities, has the potential to promote the
3985+17 development of transportation facilities in the State as well
3986+18 as investment in the State.
3987+19 (d) It is the intent of this Act to promote public-private
3988+20 partnerships for transportation by authorizing responsible
3989+21 public entities transportation agencies to enter into
3990+22 public-private agreements related to the design, development,
3991+23 construction, operation, and financing of transportation
3992+24 facilities.
3993+25 (e) It is the intent of this Act to encourage the practice
3994+
3995+
3996+
3997+
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4000+
4001+
4002+HB2878 Re-Enrolled- 114 -LRB103 30786 RJT 57276 b HB2878 Re-Enrolled - 114 - LRB103 30786 RJT 57276 b
4003+ HB2878 Re-Enrolled - 114 - LRB103 30786 RJT 57276 b
4004+1 of congestion pricing in connection with toll highways,
4005+2 pursuant to which higher toll rates are charged during times
4006+3 or in locations of most congestion.
4007+4 (f) It is the intent of this Act to use Illinois design
4008+5 professionals, construction companies, and workers to the
4009+6 greatest extent possible by offering them the right to compete
4010+7 for this work.
4011+8 (Source: P.A. 97-502, eff. 8-23-11.)
4012+9 (630 ILCS 5/10)
4013+10 Sec. 10. Definitions. As used in this Act:
4014+11 "Approved proposal" means the proposal that is approved by
4015+12 the responsible public entity transportation agency pursuant
4016+13 to subsection (j) of Section 20 of this Act.
4017+14 "Approved proposer" means the private entity whose
4018+15 proposal is the approved proposal.
4019+16 "Authority" means the Illinois State Toll Highway
4020+17 Authority.
4021+18 "Contractor" means a private entity that has entered into
4022+19 a public-private agreement with the responsible public entity
4023+20 transportation agency to provide services to or on behalf of
4024+21 the responsible public entity transportation agency.
4025+22 "Department" means the Illinois Department of
4026+23 Transportation.
4027+24 "Design-build agreement" means the agreement between the
4028+25 selected private entity and the responsible public entity
4029+
4030+
4031+
4032+
4033+
4034+ HB2878 Re-Enrolled - 114 - LRB103 30786 RJT 57276 b
4035+
4036+
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4038+ HB2878 Re-Enrolled - 115 - LRB103 30786 RJT 57276 b
4039+1 transportation agency under which the selected private entity
4040+2 agrees to furnish design, construction, and related services
4041+3 for a transportation facility under this Act.
4042+4 "Develop" or "development" means to do one or more of the
4043+5 following: plan, design, develop, lease, acquire, install,
4044+6 construct, reconstruct, rehabilitate, extend, or expand.
4045+7 "Maintain" or "maintenance" includes ordinary maintenance,
4046+8 repair, rehabilitation, capital maintenance, maintenance
4047+9 replacement, and any other categories of maintenance that may
4048+10 be designated by the responsible public entity transportation
4049+11 agency.
4050+12 "Metropolitan planning organization" means a metropolitan
4051+13 planning organization designated under 23 U.S.C. Section 134
4052+14 whose metropolitan planning area boundaries are partially or
4053+15 completely within the State.
4054+16 "Operate" or "operation" means to do one or more of the
4055+17 following: maintain, improve, equip, modify, or otherwise
4056+18 operate.
4057+19 "Private entity" means any combination of one or more
4058+20 individuals, corporations, general partnerships, limited
4059+21 liability companies, limited partnerships, joint ventures,
4060+22 business trusts, nonprofit entities, or other business
4061+23 entities that are parties to a proposal for a transportation
4062+24 project or an agreement related to a transportation project. A
4063+25 public agency may provide services to a contractor as a
4064+26 subcontractor or subconsultant without affecting the private
4065+
4066+
4067+
4068+
4069+
4070+ HB2878 Re-Enrolled - 115 - LRB103 30786 RJT 57276 b
4071+
4072+
4073+HB2878 Re-Enrolled- 116 -LRB103 30786 RJT 57276 b HB2878 Re-Enrolled - 116 - LRB103 30786 RJT 57276 b
4074+ HB2878 Re-Enrolled - 116 - LRB103 30786 RJT 57276 b
4075+1 status of the private entity and the ability to enter into a
4076+2 public-private agreement. A transportation agency is not a
4077+3 private entity.
4078+4 "Proposal" means all materials and documents prepared by
4079+5 or on behalf of a private entity relating to the proposed
4080+6 development, financing, or operation of a transportation
4081+7 facility as a transportation project.
4082+8 "Proposer" means a private entity that has submitted an
4083+9 unsolicited proposal for a public-private agreement to a
4084+10 responsible public entity under this Act or a proposal or
4085+11 statement of qualifications for a public-private agreement in
4086+12 response to a request for proposals or a request for
4087+13 qualifications issued by a responsible public entity
4088+14 transportation agency under this Act.
4089+15 "Public-private agreement" means the public-private
4090+16 agreement between the contractor and the responsible public
4091+17 entity transportation agency relating to one or more of the
4092+18 development, financing, or operation of a transportation
4093+19 project that is entered into under this Act.
4094+20 "Request for information" means all materials and
4095+21 documents prepared by or on behalf of the responsible public
4096+22 entity transportation agency to solicit information from
4097+23 private entities with respect to transportation projects.
4098+24 "Request for proposals" means all materials and documents
4099+25 prepared by or on behalf of the responsible public entity
4100+26 transportation agency to solicit proposals from private
4101+
4102+
4103+
4104+
4105+
4106+ HB2878 Re-Enrolled - 116 - LRB103 30786 RJT 57276 b
4107+
4108+
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4110+ HB2878 Re-Enrolled - 117 - LRB103 30786 RJT 57276 b
4111+1 entities to enter into a public-private agreement.
4112+2 "Request for qualifications" means all materials and
4113+3 documents prepared by or on behalf of the responsible public
4114+4 entity transportation agency to solicit statements of
4115+5 qualification from private entities to enter into a
4116+6 public-private agreement.
4117+7 "Responsible public entity" means the Department of
4118+8 Transportation, the Illinois State Toll Highway Authority.
4119+9 "Revenues" means all revenues, including any combination
4120+10 of: income; earnings and interest; user fees; lease payments;
4121+11 allocations; federal, State, and local appropriations, grants,
4122+12 loans, lines of credit, and credit guarantees; bond proceeds;
4123+13 equity investments; service payments; or other receipts;
4124+14 arising out of or in connection with a transportation project,
4125+15 including the development, financing, and operation of a
4126+16 transportation project. The term includes money received as
4127+17 grants, loans, lines of credit, credit guarantees, or
4128+18 otherwise in aid of a transportation project from the federal
4129+19 government, the State, a unit of local government, or any
4130+20 agency or instrumentality of the federal government, the
4131+21 State, or a unit of local government.
4132+22 "Shortlist" means the process by which a responsible
4133+23 public entity transportation agency will review, evaluate, and
4134+24 rank statements of qualifications submitted in response to a
4135+25 request for qualifications and then identify the proposers who
4136+26 are eligible to submit a detailed proposal in response to a
4137+
4138+
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4140+
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4142+ HB2878 Re-Enrolled - 117 - LRB103 30786 RJT 57276 b
4143+
4144+
4145+HB2878 Re-Enrolled- 118 -LRB103 30786 RJT 57276 b HB2878 Re-Enrolled - 118 - LRB103 30786 RJT 57276 b
4146+ HB2878 Re-Enrolled - 118 - LRB103 30786 RJT 57276 b
4147+1 request for proposals. The identified proposers constitute the
4148+2 shortlist for the transportation project to which the request
4149+3 for proposals relates.
4150+4 "Transportation agency" means (i) the Department or (ii)
4151+5 the Authority.
4152+6 "Transportation facility" means any new or existing road,
4153+7 highway, toll highway, bridge, tunnel, intermodal facility,
4154+8 intercity or high-speed passenger rail, or other
4155+9 transportation facility or infrastructure, excluding airports,
4156+10 under the jurisdiction of a responsible public entity the
4157+11 Department or the Authority, except those facilities for the
4158+12 Illiana Expressway. The term "transportation facility" may
4159+13 refer to one or more transportation facilities that are
4160+14 proposed to be developed or operated as part of a single
4161+15 transportation project.
4162+16 "Transportation project" or "project" means any or the
4163+17 combination of the design, development, construction,
4164+18 financing, or operation with respect to all or a portion of any
4165+19 transportation facility under the jurisdiction of the
4166+20 responsible public entity transportation agency, except those
4167+21 facilities for the Illiana Expressway, undertaken pursuant to
4168+22 this Act.
4169+23 "Unit of local government" has the meaning ascribed to
4170+24 that term in Article VII, Section 1 of the Constitution of the
4171+25 State of Illinois and also means any unit designated as a
4172+26 municipal corporation.
4173+
4174+
4175+
4176+
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4179+
4180+
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4182+ HB2878 Re-Enrolled - 119 - LRB103 30786 RJT 57276 b
4183+1 "Unsolicited proposal" means a written proposal that is
4184+2 submitted to a responsible public entity on the initiative of
4185+3 the private sector entity or entities for the purpose of
4186+4 developing a partnership, and that is not in response to a
4187+5 formal or informal request issued by a responsible public
4188+6 entity.
4189+7 "User fees" or "tolls" means the rates, tolls, fees, or
4190+8 other charges imposed by the contractor for use of all or a
4191+9 portion of a transportation project under a public-private
4192+10 agreement.
4193+11 (Source: P.A. 97-502, eff. 8-23-11; 97-858, eff. 7-27-12.)
4194+12 (630 ILCS 5/15)
4195+13 Sec. 15. Formation of public-private agreements; project
4196+14 planning.
4197+15 (a) Each responsible public entity transportation agency
4198+16 may exercise the powers granted by this Act to do some or all
4199+17 to design, develop, construct, finance, and operate any part
4200+18 of one or more transportation projects through public-private
4201+19 agreements with one or more private entities, except for
4202+20 transportation projects for the Illiana Expressway as defined
4203+21 in the Public Private Agreements for the Illiana Expressway
4204+22 Act. The net proceeds, if any, arising out of a transportation
4205+23 project or public-private agreement undertaken by the
4206+24 Department pursuant to this Act shall be deposited into the
4207+25 Public-Private Partnerships for Transportation Fund. The net
4208+
4209+
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4217+ HB2878 Re-Enrolled - 120 - LRB103 30786 RJT 57276 b
4218+1 proceeds arising out of a transportation project or
4219+2 public-private agreement undertaken by the Authority pursuant
4220+3 to this Act shall be deposited into the Illinois State Toll
4221+4 Highway Authority Fund and shall be used only as authorized by
4222+5 Section 23 of the Toll Highway Act.
4223+6 (b) The Authority shall not enter into a public-private
4224+7 agreement involving a lease or other transfer of any toll
4225+8 highway, or portions thereof, under the Authority's
4226+9 jurisdiction which were open to vehicular traffic on the
4227+10 effective date of this Act. The Authority shall not enter into
4228+11 a public-private agreement for the purpose of making roadway
4229+12 improvements, including but not limited to reconstruction,
4230+13 adding lanes, and adding ramps, to any toll highway, or
4231+14 portions thereof, under the Authority's jurisdiction which
4232+15 were open to vehicular traffic on the effective date of this
4233+16 Act. The Authority shall not use any revenue generated by any
4234+17 toll highway, or portions thereof, under the Authority's
4235+18 jurisdiction which were open to vehicular traffic on the
4236+19 effective date of this Act to enter into or provide funding for
4237+20 a public-private agreement. The Authority shall not use any
4238+21 asset, or the proceeds from the sale or lease of any such
4239+22 asset, which was owned by the Authority on the effective date
4240+23 of this Act to enter into or provide funding for a
4241+24 public-private agreement. The Authority may enter into a
4242+25 public-private partnership to design, develop, construct,
4243+26 finance, and operate new toll highways authorized by the
4244+
4245+
4246+
4247+
4248+
4249+ HB2878 Re-Enrolled - 120 - LRB103 30786 RJT 57276 b
4250+
4251+
4252+HB2878 Re-Enrolled- 121 -LRB103 30786 RJT 57276 b HB2878 Re-Enrolled - 121 - LRB103 30786 RJT 57276 b
4253+ HB2878 Re-Enrolled - 121 - LRB103 30786 RJT 57276 b
4254+1 Governor and the General Assembly pursuant to Section 14.1 of
4255+2 the Toll Highway Act, non-highway transportation projects on
4256+3 the toll highway system such as commuter rail or high-speed
4257+4 rail lines, and intelligent transportation infrastructure that
4258+5 will enhance the safety, efficiency, and environmental quality
4259+6 of the toll highway system. The Authority may operate or
4260+7 provide operational services such as toll collection on
4261+8 highways which are developed or financed, or both, through a
4262+9 public-private agreement entered into by another public
4263+10 entity, under an agreement with the public entity or
4264+11 contractor responsible for the transportation project.
4265+12 (c) A contractor has:
4266+13 (1) all powers allowed by law generally to a private
4267+14 entity having the same form of organization as the
4268+15 contractor; and
4269+16 (2) the power to develop, finance, and operate the
4270+17 transportation facility and to impose user fees in
4271+18 connection with the use of the transportation facility,
4272+19 subject to the terms of the public-private agreement.
4273+20 No tolls or user fees may be imposed by the contractor
4274+21 except as set forth in a public-private agreement.
4275+22 (d) Each year, at least 30 days prior to the beginning of
4276+23 the transportation agency's fiscal year, and at other times
4277+24 the transportation agency deems necessary, the Department and
4278+25 the Authority shall submit for review to the General Assembly
4279+26 a description of potential projects that the transportation
4280+
4281+
4282+
4283+
4284+
4285+ HB2878 Re-Enrolled - 121 - LRB103 30786 RJT 57276 b
4286+
4287+
4288+HB2878 Re-Enrolled- 122 -LRB103 30786 RJT 57276 b HB2878 Re-Enrolled - 122 - LRB103 30786 RJT 57276 b
4289+ HB2878 Re-Enrolled - 122 - LRB103 30786 RJT 57276 b
4290+1 agency is considering undertaking under this Act. Any
4291+2 submission from the Authority shall indicate which of its
4292+3 potential projects, if any, will involve the proposer
4293+4 operating the transportation facility for a period of one year
4294+5 or more. Prior to commencing the procurement process under an
4295+6 unsolicited proposal or the issuance of any request for
4296+7 qualifications or request for proposals with respect to any
4297+8 potential project undertaken by a responsible public entity
4298+9 the Department or the Authority pursuant to Section 19 or 20 of
4299+10 this Act, the commencement of a procurement process for that
4300+11 particular potential project shall be authorized by joint
4301+12 resolution of the General Assembly.
4302+13 (e) (Blank). Each year, at least 30 days prior to the
4303+14 beginning of the transportation agency's fiscal year, the
4304+15 transportation agency shall submit a description of potential
4305+16 projects that the transportation agency is considering
4306+17 undertaking under this Act to each county, municipality, and
4307+18 metropolitan planning organization, with respect to each
4308+19 project located within its boundaries.
4309+20 (f) Any project undertaken under this Act shall be subject
4310+21 to all applicable planning requirements otherwise required by
4311+22 law, including land use planning, regional planning,
4312+23 transportation planning, and environmental compliance
4313+24 requirements.
4314+25 (g) (Blank). Any new transportation facility developed as
4315+26 a project under this Act must be consistent with the regional
4316+
4317+
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4319+
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4321+ HB2878 Re-Enrolled - 122 - LRB103 30786 RJT 57276 b
4322+
4323+
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4325+ HB2878 Re-Enrolled - 123 - LRB103 30786 RJT 57276 b
4326+1 plan then in existence of any metropolitan planning
4327+2 organization in whose boundaries the project is located.
4328+3 (h) The responsible public entity transportation agency
4329+4 shall hold one or more public hearings following within 30
4330+5 days of each of its submittals to the General Assembly under
4331+6 subsection (d) of this Section. These public hearings shall
4332+7 address any potential project projects that the responsible
4333+8 public entity transportation agency submitted to the General
4334+9 Assembly for review under subsection (d). The responsible
4335+10 public entity transportation agency shall publish a notice of
4336+11 the hearing or hearings at least 7 days before a hearing takes
4337+12 place, and shall include the following in the notice: (i) the
4338+13 date, time, and place of the hearing and the address of the
4339+14 responsible public entity transportation agency; (ii) a brief
4340+15 description of the potential projects that the responsible
4341+16 public entity transportation agency is considering
4342+17 undertaking; and (iii) a statement that the public may comment
4343+18 on the potential projects.
4344+19 (Source: P.A. 97-502, eff. 8-23-11; 97-858, eff. 7-27-12.)
4345+20 (630 ILCS 5/19 new)
4346+21 Sec. 19. Unsolicited proposals.
4347+22 (a) A responsible public entity may receive unsolicited
4348+23 proposals for a project and may thereafter enter into a
4349+24 public-private agreement with a private entity, or a
4350+25 consortium of private entities, for the design, construction,
4351+
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4356+ HB2878 Re-Enrolled - 123 - LRB103 30786 RJT 57276 b
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4360+ HB2878 Re-Enrolled - 124 - LRB103 30786 RJT 57276 b
4361+1 upgrading, operating, ownership, or financing of facilities.
4362+2 (b) A responsible public entity may consider, evaluate,
4363+3 and accept an unsolicited proposal for a public-private
4364+4 partnership project from a private entity if the proposal:
4365+5 (1) is independently developed and drafted by the
4366+6 proposer without responsible public entity supervision;
4367+7 (2) shows that the proposed project could benefit the
4368+8 transportation system;
4369+9 (3) includes a financing plan to allow the project to
4370+10 move forward pursuant to the applicable responsible public
4371+11 entity's budget and finance requirements; and
4372+12 (4) includes sufficient detail and information for the
4373+13 responsible public entity to evaluate the proposal in an
4374+14 objective and timely manner and permit a determination
4375+15 that the project would be worthwhile.
4376+16 (c) The unsolicited proposal shall include the following:
4377+17 (1) an executive summary covering the major elements
4378+18 of the proposal;
4379+19 (2) qualifications concerning the experience,
4380+20 expertise, technical competence, and qualifications of the
4381+21 private entity and of each member of its management team
4382+22 and of other key employees, consultants, and
4383+23 subcontractors, including the name, address, and
4384+24 professional designation;
4385+25 (3) a project description, including, when applicable:
4386+26 (A) the limits, scope, and location of the
4387+
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4396+ HB2878 Re-Enrolled - 125 - LRB103 30786 RJT 57276 b
4397+1 proposed project;
4398+2 (B) right-of-way requirements;
4399+3 (C) connections with other facilities and
4400+4 improvements to those facilities necessary if the
4401+5 project is developed;
4402+6 (D) a conceptual project design; and
4403+7 (E) a statement of the project's relationship to
4404+8 and impact upon relevant existing plans of the
4405+9 responsible public entity;
4406+10 (4) a facilities project schedule, including when
4407+11 applicable, estimates of:
4408+12 (A) dates of contract award;
4409+13 (B) start of construction;
4410+14 (C) completion of construction;
4411+15 (D) start of operations; and
4412+16 (E) major maintenance or reconstruction activities
4413+17 during the life of the proposed project agreement;
4414+18 (5) an operating plan describing the operation of the
4415+19 completed facility if operation of a facility is part of
4416+20 the proposal, describing the management structure and
4417+21 approach, the proposed period of operations, enforcement,
4418+22 emergency response, and other relevant information;
4419+23 (6) a finance plan describing the proposed financing
4420+24 of the project, identifying the source of funds to, where
4421+25 applicable, design, construct, maintain, and manage the
4422+26 project during the term of the proposed contract; and
4423+
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4432+ HB2878 Re-Enrolled - 126 - LRB103 30786 RJT 57276 b
4433+1 (7) the legal basis for the project and licenses and
4434+2 certifications; the private entity must demonstrate that
4435+3 it has all licenses and certificates necessary to complete
4436+4 the project.
4437+5 (d) Within 120 days after receiving an unsolicited
4438+6 proposal, the responsible public entity shall complete a
4439+7 preliminary evaluation of the unsolicited proposal and shall
4440+8 either:
4441+9 (1) if the preliminary evaluation is unfavorable,
4442+10 return the proposal without further action;
4443+11 (2) if the preliminary evaluation is favorable, notify
4444+12 the proposer that the responsible public entity will
4445+13 further evaluate the proposal; or
4446+14 (3) request amendments, clarification, or modification
4447+15 of the unsolicited proposal.
4448+16 (e) The procurement process for unsolicited proposals
4449+17 shall be as follows:
4450+18 (1) If the responsible public entity chooses to
4451+19 further evaluate an unsolicited proposal with the intent
4452+20 to enter into a public-private agreement for the proposed
4453+21 project, then the responsible public entity shall publish
4454+22 notice in the Illinois Procurement Bulletin or in a
4455+23 newspaper of general circulation covering the location of
4456+24 the project at least once a week for 2 weeks stating that
4457+25 the responsible public entity has received a proposal and
4458+26 will accept other proposals for the same project. The time
4459+
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4468+ HB2878 Re-Enrolled - 127 - LRB103 30786 RJT 57276 b
4469+1 frame within which the responsible public entity may
4470+2 accept other proposals shall be determined by the
4471+3 responsible public entity on a project-by-project basis
4472+4 based upon the complexity of the transportation project
4473+5 and the public benefit to be gained by allowing a longer or
4474+6 shorter period of time within which other proposals may be
4475+7 received; however, the time frame for allowing other
4476+8 proposals must be at least 21 days, but no more than 120
4477+9 days, after the initial date of publication.
4478+10 (2) A copy of the notice must be mailed to each local
4479+11 government directly affected by the transportation
4480+12 project.
4481+13 (3) The responsible public entity shall provide
4482+14 reasonably sufficient information, including the identity
4483+15 of its contact person, to enable other private entities to
4484+16 make proposals.
4485+17 (4) If, after no less than 120 days, no
4486+18 counterproposal is received, or if the counterproposals
4487+19 are evaluated and found to be equal to or inferior to the
4488+20 original unsolicited proposal, the responsible public
4489+21 entity may proceed to negotiate a contract with the
4490+22 original proposer.
4491+23 (5) If, after no less than 120 days, one or more
4492+24 counterproposals meeting unsolicited proposal standards
4493+25 are received, and if, in the opinion of the responsible
4494+26 public entity, the counterproposals are evaluated and
4495+
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4504+ HB2878 Re-Enrolled - 128 - LRB103 30786 RJT 57276 b
4505+1 found to be superior to the original unsolicited proposal,
4506+2 the responsible public entity shall proceed to determine
4507+3 the successful participant through a final procurement
4508+4 phase known as "Best and Final Offer" (BAFO). The BAFO is a
4509+5 process whereby a responsible public entity shall invite
4510+6 the original private sector party and the proponent
4511+7 submitting the superior counterproposal to engage in a
4512+8 BAFO phase. The invitation to participate in the BAFO
4513+9 phase will provide to each participating proposer:
4514+10 (A) the general concepts that were considered
4515+11 superior to the original proposal, while keeping
4516+12 proprietary information contained in the proposals
4517+13 confidential to the extent possible; and
4518+14 (B) the preestablished evaluation criteria or the
4519+15 "basis of award" to be used to determine the
4520+16 successful proponent.
4521+17 (6) Offers received in response to the BAFO invitation
4522+18 will be reviewed by the responsible public entity and
4523+19 scored in accordance with a preestablished criteria, or
4524+20 alternatively, in accordance with the basis of award
4525+21 provision identified through the BAFO process. The
4526+22 successful proponent will be the proponent offering "best
4527+23 value" to the responsible public entity.
4528+24 (7) In all cases, the basis of award will be the best
4529+25 value to the responsible public entity, as determined by
4530+26 the responsible public entity.
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4540+ HB2878 Re-Enrolled - 129 - LRB103 30786 RJT 57276 b
4541+1 (f) After a comprehensive evaluation and acceptance of an
4542+2 unsolicited proposal and any alternatives, the responsible
4543+3 public entity may commence negotiations with a proposer,
4544+4 considering:
4545+5 (1) the proposal has received a favorable
4546+6 comprehensive evaluation;
4547+7 (2) the proposal is not duplicative of existing
4548+8 infrastructure project;
4549+9 (3) the alternative proposal does not closely resemble
4550+10 a pending competitive proposal for a public-private
4551+11 private partnership or other procurement;
4552+12 (4) the proposal demonstrates a unique method,
4553+13 approach, or concept;
4554+14 (5) facts and circumstances that preclude or warrant
4555+15 additional competition;
4556+16 (6) the availability of any funds, debts, or assets
4557+17 that the State will contribute to the project;
4558+18 (7) facts and circumstances demonstrating that the
4559+19 project will likely have a significant adverse impact on
4560+20 on State bond ratings; and
4561+21 (8) indemnifications included in the proposal.
4562+22 (630 ILCS 5/20)
4563+23 Sec. 20. Competitive procurement Procurement process.
4564+24 (a) A responsible public entity may solicit proposals for
4565+25 a transportation project from private entities. The
4566+
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4575+ HB2878 Re-Enrolled - 130 - LRB103 30786 RJT 57276 b
4576+1 responsible public entity transportation agency seeking to
4577+2 enter into a public-private partnership with a private entity
4578+3 for the development, finance, and operation of a
4579+4 transportation facility as a transportation project shall
4580+5 determine and set forth the criteria for the selection
4581+6 process. The responsible public entity transportation agency
4582+7 shall use (i) a competitive sealed bidding process, (ii) a
4583+8 competitive sealed proposal process, or (iii) a design-build
4584+9 procurement process in accordance with Section 25 of this Act.
4585+10 Before using one of these processes the responsible public
4586+11 entity transportation agency may use a request for information
4587+12 to obtain information relating to possible public-private
4588+13 partnerships.
4589+14 (b) If a transportation project will require the
4590+15 performance of design work, the responsible public entity
4591+16 transportation agency shall use the shortlist selection
4592+17 process set forth in subsection (g) of this Section to
4593+18 evaluate and shortlist private entities based on
4594+19 qualifications, including but not limited to design
4595+20 qualifications.
4596+21 A request for qualifications, request for proposals, or
4597+22 public-private agreement awarded to a contractor for a
4598+23 transportation project shall require that any subsequent need
4599+24 for architectural, engineering, or land surveying services
4600+25 which arises after the submittal of the request for
4601+26 qualifications or request for proposals or the awarding of the
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4611+ HB2878 Re-Enrolled - 131 - LRB103 30786 RJT 57276 b
4612+1 public-private agreement shall be procured by the contractor
4613+2 using a qualifications-based selection process consisting of:
4614+3 (1) the publication of notice of availability of
4615+4 services;
4616+5 (2) a statement of desired qualifications;
4617+6 (3) an evaluation based on the desired qualifications;
4618+7 (4) the development of a shortlist ranking the firms
4619+8 in order of qualifications; and
4620+9 (5) negotiations with the ranked firms for a fair and
4621+10 reasonable fee.
4622+11 Compliance with the Architectural, Engineering, and Land
4623+12 Surveying Qualifications Based Selection Act shall be deemed
4624+13 prima facie compliance with this subsection (b). Every
4625+14 transportation project contract shall include provisions
4626+15 setting forth the requirements of this subsection (b).
4627+16 (c) (Blank). Prior to commencing a procurement for a
4628+17 transportation project under this Act, the transportation
4629+18 agency shall notify any other applicable public agency,
4630+19 including the Authority, in all cases involving toll
4631+20 facilities where the Department would commence the
4632+21 procurement, of its interest in undertaking the procurement
4633+22 and shall provide the other public agency or agencies with an
4634+23 opportunity to offer to develop and implement the
4635+24 transportation project. The transportation agency shall supply
4636+25 the other public agency or agencies with no less than the same
4637+26 level and type of information concerning the project that the
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4647+ HB2878 Re-Enrolled - 132 - LRB103 30786 RJT 57276 b
4648+1 transportation agency would supply to private entities in the
4649+2 procurement, unless that information is not then available, in
4650+3 which case the transportation agency shall supply the other
4651+4 public agency or agencies with the maximum amount of relevant
4652+5 information about the project as is then reasonably available.
4653+6 The transportation agency shall make available to the other
4654+7 public agencies the same subsidies, benefits, concessions, and
4655+8 other consideration that it intends to make available to the
4656+9 private entities in the procurement.
4657+10 The public agencies shall have a maximum period of 60 days
4658+11 to review the information about the proposed transportation
4659+12 project and to respond to the transportation agency in writing
4660+13 to accept or reject the opportunity to develop and implement
4661+14 the transportation project. If a public agency rejects the
4662+15 opportunity during the 60-day period, then the public agency
4663+16 may not participate in the procurement for the proposed
4664+17 transportation project by submitting a proposal of its own. If
4665+18 a public agency fails to accept or reject this opportunity in
4666+19 writing within the 60-day period, it shall be deemed to have
4667+20 rejected the opportunity.
4668+21 If a public agency accepts the opportunity within the
4669+22 60-day period, then the public agency shall have up to 120 days
4670+23 (or a longer period, if extended by the transportation
4671+24 agency), to (i) submit to the transportation agency a
4672+25 reasonable plan for development of the transportation project;
4673+26 (ii) if applicable, make an offer of reasonable consideration
4674+
4675+
4676+
4677+
4678+
4679+ HB2878 Re-Enrolled - 132 - LRB103 30786 RJT 57276 b
4680+
4681+
4682+HB2878 Re-Enrolled- 133 -LRB103 30786 RJT 57276 b HB2878 Re-Enrolled - 133 - LRB103 30786 RJT 57276 b
4683+ HB2878 Re-Enrolled - 133 - LRB103 30786 RJT 57276 b
4684+1 for the opportunity to undertake the transportation project;
4685+2 and (iii) negotiate a mutually acceptable intergovernmental
4686+3 agreement with the transportation agency that facilitates the
4687+4 development of the transportation project and requires that
4688+5 the transportation agency follow its procurement procedures
4689+6 under the Illinois Procurement Code and applicable rules
4690+7 rather than this Act. In considering whether a public agency's
4691+8 plan for developing and implementing the project is
4692+9 reasonable, the transportation agency shall consider the
4693+10 public agency's history of developing and implementing similar
4694+11 projects, the public agency's current capacity to develop and
4695+12 implement the proposed project, the user charges, if any,
4696+13 contemplated by the public agency's plan and how these user
4697+14 charges compare with user charges that would be imposed by a
4698+15 private entity developing and implementing the same project,
4699+16 the project delivery schedule proposed by the public agency,
4700+17 and other reasonable factors that are necessary, including
4701+18 consideration of risks and whether subsidy costs may be
4702+19 reduced, to determine whether development and implementation
4703+20 of the project by the public agency is in the best interest of
4704+21 the people of this State.
4705+22 (d) (Blank). If the transportation agency rejects or fails
4706+23 to negotiate mutually acceptable terms regarding a public
4707+24 agency's plan for developing and implementing the
4708+25 transportation project during the 120-day period described in
4709+26 subsection (c), then the public agency may not participate in
4710+
4711+
4712+
4713+
4714+
4715+ HB2878 Re-Enrolled - 133 - LRB103 30786 RJT 57276 b
4716+
4717+
4718+HB2878 Re-Enrolled- 134 -LRB103 30786 RJT 57276 b HB2878 Re-Enrolled - 134 - LRB103 30786 RJT 57276 b
4719+ HB2878 Re-Enrolled - 134 - LRB103 30786 RJT 57276 b
4720+1 the procurement for the proposed transportation project by
4721+2 submitting a proposal of its own. Following a rejection or
4722+3 failure to reach agreement regarding a public agency's plan,
4723+4 if the transportation agency later proceeds with a procurement
4724+5 in which it materially changes (i) the nature or scope of the
4725+6 project; (ii) any subsidies, benefits, concessions, or other
4726+7 significant project-related considerations made available to
4727+8 the bidders; or (iii) any other terms of the project, as
4728+9 compared to when the transportation agency supplied
4729+10 information about the project to public agencies under
4730+11 subsection (c), then the transportation agency shall give
4731+12 public agencies another opportunity in accordance with
4732+13 subsection (c) to provide proposals for developing and
4733+14 implementing the project.
4734+15 (e) (Blank). Nothing in this Section 20 requires a
4735+16 transportation agency to go through a procurement process
4736+17 prior to developing and implementing a project through a
4737+18 public agency as described in subsection (c).
4738+19 (f) All procurement processes shall incorporate
4739+20 requirements and set forth goals for participation by
4740+21 disadvantaged business enterprises as allowed under State and
4741+22 federal law.
4742+23 (g) The responsible public entity transportation agency
4743+24 shall establish a process to shortlist potential private
4744+25 entities. The responsible public entity transportation agency
4745+26 shall: (i) provide a public notice of the shortlisting process
4746+
4747+
4748+
4749+
4750+
4751+ HB2878 Re-Enrolled - 134 - LRB103 30786 RJT 57276 b
4752+
4753+
4754+HB2878 Re-Enrolled- 135 -LRB103 30786 RJT 57276 b HB2878 Re-Enrolled - 135 - LRB103 30786 RJT 57276 b
4755+ HB2878 Re-Enrolled - 135 - LRB103 30786 RJT 57276 b
4756+1 for such period as deemed appropriate by the agency; (ii) set
4757+2 forth requirements and evaluation criteria in a request for
4758+3 qualifications; (iii) develop a shortlist by determining which
4759+4 private entities that have submitted statements of
4760+5 qualification, if any, meet the minimum requirements and best
4761+6 satisfy the evaluation criteria set forth in the request for
4762+7 qualifications; and (iv) allow only those entities, or groups
4763+8 of entities such as unincorporated joint ventures, that have
4764+9 been shortlisted to submit proposals or bids. Throughout the
4765+10 procurement period and as necessary following the award of a
4766+11 contract, the responsible public entity transportation agency
4767+12 shall make publicly available on its website information
4768+13 regarding firms that are prequalified by the responsible
4769+14 public entity transportation agency pursuant to Section 20 of
4770+15 the Architectural, Engineering, and Land Surveying
4771+16 Qualifications Based Selection Act to provide architectural,
4772+17 engineering, and land surveying services. The responsible
4773+18 public entities transportation agencies shall require private
4774+19 entities to use firms prequalified under this Act to provide
4775+20 architectural, engineering, and land surveying services. Firms
4776+21 identified to provide architectural, engineering, and land
4777+22 surveying services in a statement of qualifications shall be
4778+23 prequalified under the Act to provide the identified services
4779+24 prior to the responsible public entity's transportation
4780+25 agency's award of the contract.
4781+26 (h) Competitive sealed bidding requirements:
4782+
4783+
4784+
4785+
4786+
4787+ HB2878 Re-Enrolled - 135 - LRB103 30786 RJT 57276 b
4788+
4789+
4790+HB2878 Re-Enrolled- 136 -LRB103 30786 RJT 57276 b HB2878 Re-Enrolled - 136 - LRB103 30786 RJT 57276 b
4791+ HB2878 Re-Enrolled - 136 - LRB103 30786 RJT 57276 b
4792+1 (1) All contracts shall be awarded by competitive
4793+2 sealed bidding except as otherwise provided in subsection
4794+3 (i) of this Section, Section 19 of this Act, and Section 25
4795+4 of this Act.
4796+5 (2) An invitation for bids shall be issued and shall
4797+6 include a description of the public-private partnership
4798+7 with a private entity for the development, finance, and
4799+8 operation of a transportation facility as a transportation
4800+9 project, and the material contractual terms and conditions
4801+10 applicable to the procurement.
4802+11 (3) Public notice of the invitation for bids shall be
4803+12 published in the State of Illinois Procurement Bulletin at
4804+13 least 21 days before the date set in the invitation for the
4805+14 opening of bids.
4806+15 (4) Bids shall be opened publicly in the presence of
4807+16 one or more witnesses at the time and place designated in
4808+17 the invitation for bids. The name of each bidder, the
4809+18 amount of each bid, and other relevant information as may
4810+19 be specified by rule shall be recorded. After the award of
4811+20 the contract, the winning bid and the record of each
4812+21 unsuccessful bid shall be open to public inspection.
4813+22 (5) Bids shall be unconditionally accepted without
4814+23 alteration or correction, except as authorized in this
4815+24 Act. Bids shall be evaluated based on the requirements set
4816+25 forth in the invitation for bids, which may include
4817+26 criteria to determine acceptability such as inspection,
4818+
4819+
4820+
4821+
4822+
4823+ HB2878 Re-Enrolled - 136 - LRB103 30786 RJT 57276 b
4824+
4825+
4826+HB2878 Re-Enrolled- 137 -LRB103 30786 RJT 57276 b HB2878 Re-Enrolled - 137 - LRB103 30786 RJT 57276 b
4827+ HB2878 Re-Enrolled - 137 - LRB103 30786 RJT 57276 b
4828+1 testing, quality, workmanship, delivery, and suitability
4829+2 for a particular purpose. Those criteria that will affect
4830+3 the bid price and be considered in evaluation for award,
4831+4 such as discounts, transportation costs, and total or life
4832+5 cycle costs, shall be objectively measurable. The
4833+6 invitation for bids shall set forth the evaluation
4834+7 criteria to be used.
4835+8 (6) Correction or withdrawal of inadvertently
4836+9 erroneous bids before or after award, or cancellation of
4837+10 awards of contracts based on bid mistakes, shall be
4838+11 permitted in accordance with rules. After bid opening, no
4839+12 changes in bid prices or other provisions of bids
4840+13 prejudicial to the interest of the State or fair
4841+14 competition shall be permitted. All decisions to permit
4842+15 the correction or withdrawal of bids based on bid mistakes
4843+16 shall be supported by written determination made by the
4844+17 responsible public entity transportation agency.
4845+18 (7) The contract shall be awarded with reasonable
4846+19 promptness by written notice to the lowest responsible and
4847+20 responsive bidder whose bid meets the requirements and
4848+21 criteria set forth in the invitation for bids, except when
4849+22 the responsible public entity transportation agency
4850+23 determines it is not in the best interest of the State and
4851+24 by written explanation determines another bidder shall
4852+25 receive the award. The explanation shall appear in the
4853+26 appropriate volume of the State of Illinois Procurement
4854+
4855+
4856+
4857+
4858+
4859+ HB2878 Re-Enrolled - 137 - LRB103 30786 RJT 57276 b
4860+
4861+
4862+HB2878 Re-Enrolled- 138 -LRB103 30786 RJT 57276 b HB2878 Re-Enrolled - 138 - LRB103 30786 RJT 57276 b
4863+ HB2878 Re-Enrolled - 138 - LRB103 30786 RJT 57276 b
4864+1 Bulletin. The written explanation must include:
4865+2 (A) a description of the responsible public
4866+3 entity's agency's needs;
4867+4 (B) a determination that the anticipated cost will
4868+5 be fair and reasonable;
4869+6 (C) a listing of all responsible and responsive
4870+7 bidders; and
4871+8 (D) the name of the bidder selected, pricing, and
4872+9 the reasons for selecting that bidder.
4873+10 (8) When it is considered impracticable to initially
4874+11 prepare a purchase description to support an award based
4875+12 on price, an invitation for bids may be issued requesting
4876+13 the submission of unpriced offers to be followed by an
4877+14 invitation for bids limited to those bidders whose offers
4878+15 have been qualified under the criteria set forth in the
4879+16 first solicitation.
4880+17 (i) Competitive sealed proposal requirements:
4881+18 (1) When the responsible public entity transportation
4882+19 agency determines in writing that the use of competitive
4883+20 sealed bidding or design-build procurement is either not
4884+21 practicable or not advantageous to the State, a contract
4885+22 may be entered into by competitive sealed proposals.
4886+23 (2) Proposals shall be solicited through a request for
4887+24 proposals.
4888+25 (3) Public notice of the request for proposals shall
4889+26 be published in the State of Illinois Procurement Bulletin
4890+
4891+
4892+
4893+
4894+
4895+ HB2878 Re-Enrolled - 138 - LRB103 30786 RJT 57276 b
4896+
4897+
4898+HB2878 Re-Enrolled- 139 -LRB103 30786 RJT 57276 b HB2878 Re-Enrolled - 139 - LRB103 30786 RJT 57276 b
4899+ HB2878 Re-Enrolled - 139 - LRB103 30786 RJT 57276 b
4900+1 at least 21 days before the date set in the invitation for
4901+2 the opening of proposals.
4902+3 (4) Proposals shall be opened publicly in the presence
4903+4 of one or more witnesses at the time and place designated
4904+5 in the request for proposals, but proposals shall be
4905+6 opened in a manner to avoid disclosure of contents to
4906+7 competing offerors during the process of negotiation. A
4907+8 record of proposals shall be prepared and shall be open
4908+9 for public inspection after contract award.
4909+10 (5) The requests for proposals shall state the
4910+11 relative importance of price and other evaluation factors.
4911+12 Proposals shall be submitted in 2 parts: (i) covering
4912+13 items except price; and (ii) covering price. The first
4913+14 part of all proposals shall be evaluated and ranked
4914+15 independently of the second part of all proposals.
4915+16 (6) As provided in the request for proposals and under
4916+17 any applicable rules, discussions may be conducted with
4917+18 responsible offerors who submit proposals determined to be
4918+19 reasonably susceptible of being selected for award for the
4919+20 purpose of clarifying and assuring full understanding of
4920+21 and responsiveness to the solicitation requirements. Those
4921+22 offerors shall be accorded fair and equal treatment with
4922+23 respect to any opportunity for discussion and revision of
4923+24 proposals. Revisions may be permitted after submission and
4924+25 before award for the purpose of obtaining best and final
4925+26 offers. In conducting discussions there shall be no
4926+
4927+
4928+
4929+
4930+
4931+ HB2878 Re-Enrolled - 139 - LRB103 30786 RJT 57276 b
4932+
4933+
4934+HB2878 Re-Enrolled- 140 -LRB103 30786 RJT 57276 b HB2878 Re-Enrolled - 140 - LRB103 30786 RJT 57276 b
4935+ HB2878 Re-Enrolled - 140 - LRB103 30786 RJT 57276 b
4936+1 disclosure of any information derived from proposals
4937+2 submitted by competing offerors. If information is
4938+3 disclosed to any offeror, it shall be provided to all
4939+4 competing offerors.
4940+5 (7) Awards shall be made to the responsible offeror
4941+6 whose proposal is determined in writing to be the most
4942+7 advantageous to the State, taking into consideration price
4943+8 and the evaluation factors set forth in the request for
4944+9 proposals. The contract file shall contain the basis on
4945+10 which the award is made.
4946+11 (j) The responsible public entity In the case of a
4947+12 proposal or proposals to the Department or the Authority, the
4948+13 transportation agency shall determine, based on its review and
4949+14 evaluation of the proposal or proposals received in response
4950+15 to the request for proposals, which one or more proposals, if
4951+16 any, best serve the public purpose of this Act and satisfy the
4952+17 criteria set forth in the request for proposals and, with
4953+18 respect to such proposal or proposals, shall:
4954+19 (1) submit the proposal or proposals to the Commission
4955+20 on Government Forecasting and Accountability, which,
4956+21 within 20 days of submission by the responsible public
4957+22 entity transportation agency, shall complete a review of
4958+23 the proposal or proposals and report on the value of the
4959+24 proposal or proposals to the State;
4960+25 (2) hold one or more public hearings on the proposal
4961+26 or proposals, publish notice of the hearing or hearings at
4962+
4963+
4964+
4965+
4966+
4967+ HB2878 Re-Enrolled - 140 - LRB103 30786 RJT 57276 b
4968+
4969+
4970+HB2878 Re-Enrolled- 141 -LRB103 30786 RJT 57276 b HB2878 Re-Enrolled - 141 - LRB103 30786 RJT 57276 b
4971+ HB2878 Re-Enrolled - 141 - LRB103 30786 RJT 57276 b
4972+1 least 7 days before the hearing, and include the following
4973+2 in the notice: (i) the date, time, and place of the hearing
4974+3 and the address of the responsible public entity
4975+4 transportation agency, (ii) the subject matter of the
4976+5 hearing, (iii) a description of the agreement to be
4977+6 awarded, (iv) the determination made by the responsible
4978+7 public entity transportation agency that such proposal or
4979+8 proposals best serve the public purpose of this Act and
4980+9 satisfy the criteria set forth in the request for
4981+10 proposals, and (v) that the public may be heard on the
4982+11 proposal or proposals during the public hearing; and
4983+12 (3) determine whether or not to recommend to the
4984+13 Governor that the Governor approve the proposal or
4985+14 proposals.
4986+15 The Governor may approve one or more proposals recommended
4987+16 by the Department or the Authority based upon the review,
4988+17 evaluation, and recommendation of the responsible public
4989+18 entity transportation agency, the review and report of the
4990+19 Commission on Government Forecasting and Accountability, the
4991+20 public hearing, and the best interests of the State.
4992+21 (k) In addition to any other rights under this Act, in
4993+22 connection with any procurement under this Act, the following
4994+23 rights are reserved to each responsible public entity
4995+24 transportation agency:
4996+25 (1) to withdraw a request for information, a request
4997+26 for qualifications, or a request for proposals at any
4998+
4999+
5000+
5001+
5002+
5003+ HB2878 Re-Enrolled - 141 - LRB103 30786 RJT 57276 b
5004+
5005+
5006+HB2878 Re-Enrolled- 142 -LRB103 30786 RJT 57276 b HB2878 Re-Enrolled - 142 - LRB103 30786 RJT 57276 b
5007+ HB2878 Re-Enrolled - 142 - LRB103 30786 RJT 57276 b
5008+1 time, and to publish a new request for information,
5009+2 request for qualifications, or request for proposals;
5010+3 (2) to not approve a proposal for any reason;
5011+4 (3) to not award a public-private agreement for any
5012+5 reason;
5013+6 (4) to request clarifications to any statement of
5014+7 information, qualifications, or proposal received, to seek
5015+8 one or more revised proposals or one or more best and final
5016+9 offers, or to conduct negotiations with one or more
5017+10 private entities that have submitted proposals;
5018+11 (5) to modify, during the pendency of a procurement,
5019+12 the terms, provisions, and conditions of a request for
5020+13 information, request for qualifications, or request for
5021+14 proposals or the technical specifications or form of a
5022+15 public-private agreement;
5023+16 (6) to interview proposers; and
5024+17 (7) any other rights available to the responsible
5025+18 public entity transportation agency under applicable law
5026+19 and regulations.
5027+20 (l) If a proposal is approved, the responsible public
5028+21 entity transportation agency shall execute the public-private
5029+22 agreement, publish notice of the execution of the
5030+23 public-private agreement on its website and in a newspaper or
5031+24 newspapers of general circulation within the county or
5032+25 counties in which the transportation project is to be located,
5033+26 and publish the entire agreement on its website. Any action to
5034+
5035+
5036+
5037+
5038+
5039+ HB2878 Re-Enrolled - 142 - LRB103 30786 RJT 57276 b
5040+
5041+
5042+HB2878 Re-Enrolled- 143 -LRB103 30786 RJT 57276 b HB2878 Re-Enrolled - 143 - LRB103 30786 RJT 57276 b
5043+ HB2878 Re-Enrolled - 143 - LRB103 30786 RJT 57276 b
5044+1 contest the validity of a public-private agreement entered
5045+2 into under this Act must be brought no later than 60 days after
5046+3 the date of publication of the notice of execution of the
5047+4 public-private agreement.
5048+5 (m) For any transportation project with an estimated
5049+6 construction cost of over $50,000,000, the responsible public
5050+7 entity transportation agency may also require the approved
5051+8 proposer to pay the costs for an independent audit of any and
5052+9 all traffic and cost estimates associated with the approved
5053+10 proposal, as well as a review of all public costs and potential
5054+11 liabilities to which taxpayers could be exposed (including
5055+12 improvements to other transportation facilities that may be
5056+13 needed as a result of the approved proposal, failure by the
5057+14 approved proposer to reimburse the transportation agency for
5058+15 services provided, and potential risk and liability in the
5059+16 event the approved proposer defaults on the public-private
5060+17 agreement or on bonds issued for the project). If required by
5061+18 the responsible public entity transportation agency, this
5062+19 independent audit must be conducted by an independent
5063+20 consultant selected by the transportation agency, and all
5064+21 information from the review must be fully disclosed.
5065+22 (n) The responsible public entity transportation agency
5066+23 may also apply for, execute, or endorse applications submitted
5067+24 by private entities to obtain federal credit assistance for
5068+25 qualifying projects developed or operated pursuant to this
5069+26 Act.
5070+
5071+
5072+
5073+
5074+
5075+ HB2878 Re-Enrolled - 143 - LRB103 30786 RJT 57276 b
5076+
5077+
5078+HB2878 Re-Enrolled- 144 -LRB103 30786 RJT 57276 b HB2878 Re-Enrolled - 144 - LRB103 30786 RJT 57276 b
5079+ HB2878 Re-Enrolled - 144 - LRB103 30786 RJT 57276 b
5080+1 (Source: P.A. 97-502, eff. 8-23-11; 97-858, eff. 7-27-12.)
5081+2 (630 ILCS 5/30)
5082+3 Sec. 30. Interim agreements.
5083+4 (a) Prior to or in connection with the negotiation of the
5084+5 public-private agreement, the responsible public entity
5085+6 transportation agency may enter into an interim agreement with
5086+7 the approved proposer. Such interim agreement may:
5087+8 (1) permit the approved proposer to commence
5088+9 activities relating to a proposed project as the
5089+10 responsible public entity transportation agency and the
5090+11 approved proposer shall agree to and for which the
5091+12 approved proposer may be compensated, including, but not
5092+13 limited to, project planning, advance right-of-way
5093+14 acquisition, design and engineering, environmental
5094+15 analysis and mitigation, survey, conducting transportation
5095+16 and revenue studies, and ascertaining the availability of
5096+17 financing for the proposed facility or facilities;
5097+18 (2) establish the process and timing of the exclusive
5098+19 negotiation of a public-private agreement with an approved
5099+20 proposer;
5100+21 (3) require that in the event the responsible public
5101+22 entity transportation agency determines not to proceed
5102+23 with a project after the approved proposer and the
5103+24 responsible public entity transportation agency have
5104+25 executed an interim agreement, and thereby terminates the
5105+
5106+
5107+
5108+
5109+
5110+ HB2878 Re-Enrolled - 144 - LRB103 30786 RJT 57276 b
5111+
5112+
5113+HB2878 Re-Enrolled- 145 -LRB103 30786 RJT 57276 b HB2878 Re-Enrolled - 145 - LRB103 30786 RJT 57276 b
5114+ HB2878 Re-Enrolled - 145 - LRB103 30786 RJT 57276 b
5115+1 interim agreement or declines to proceed with negotiation
5116+2 of a public-private agreement with an approved proposer,
5117+3 the responsible public entity transportation agency shall
5118+4 pay to the approved proposer certain fees and costs
5119+5 incurred by the approved proposer;
5120+6 (4) establish the ownership in the State or in the
5121+7 Authority of the concepts and designs in the event of
5122+8 termination of the interim agreement;
5123+9 (5) establish procedures for the selection of
5124+10 professional design firms and subcontractors, which shall
5125+11 include procedures consistent with the Architectural,
5126+12 Engineering, and Land Surveying Qualifications Based
5127+13 Selection Act for the selection of design professional
5128+14 firms and may include, in the discretion of the
5129+15 responsible public entity transportation agency,
5130+16 procedures consistent with the low bid procurement
5131+17 procedures outlined in the Illinois Procurement Code for
5132+18 the selection of construction companies; and
5133+19 (6) contain any other provisions related to any aspect
5134+20 of the transportation project that the parties may deem
5135+21 appropriate.
5136+22 (b) A responsible public entity transportation agency may
5137+23 enter into an interim agreement with multiple approved
5138+24 proposers if the responsible public entity transportation
5139+25 agency determines in writing that it is in the public interest
5140+26 to do so.
5141+
5142+
5143+
5144+
5145+
5146+ HB2878 Re-Enrolled - 145 - LRB103 30786 RJT 57276 b
5147+
5148+
5149+HB2878 Re-Enrolled- 146 -LRB103 30786 RJT 57276 b HB2878 Re-Enrolled - 146 - LRB103 30786 RJT 57276 b
5150+ HB2878 Re-Enrolled - 146 - LRB103 30786 RJT 57276 b
5151+1 (c) The approved proposer shall select firms that are
5152+2 prequalified by the responsible public entity transportation
5153+3 agency pursuant to Section 20 of the Architectural,
5154+4 Engineering, and Land Surveying Qualifications Based Selection
5155+5 Act to provide architectural, engineering, and land surveying
5156+6 services to undertake activities related to the transportation
5157+7 project.
5158+8 (Source: P.A. 97-502, eff. 8-23-11.)
5159+9 (630 ILCS 5/35)
5160+10 Sec. 35. Public-private agreements.
5161+11 (a) Unless undertaking actions otherwise permitted in an
5162+12 interim agreement entered into under Section 30 of this Act,
5163+13 before developing, financing, or operating the transportation
5164+14 project, the approved proposer shall enter into a
5165+15 public-private agreement with the transportation agency.
5166+16 Subject to the requirements of this Act, a public-private
5167+17 agreement may provide that the approved proposer, acting on
5168+18 behalf of the responsible public entity transportation agency,
5169+19 is partially or entirely responsible for any combination of
5170+20 developing, financing, or operating the transportation project
5171+21 under terms set forth in the public-private agreement.
5172+22 (b) The public-private agreement may, as determined
5173+23 appropriate by the responsible public entity transportation
5174+24 agency for the particular transportation project, provide for
5175+25 some or all of the following:
5176+
5177+
5178+
5179+
5180+
5181+ HB2878 Re-Enrolled - 146 - LRB103 30786 RJT 57276 b
5182+
5183+
5184+HB2878 Re-Enrolled- 147 -LRB103 30786 RJT 57276 b HB2878 Re-Enrolled - 147 - LRB103 30786 RJT 57276 b
5185+ HB2878 Re-Enrolled - 147 - LRB103 30786 RJT 57276 b
5186+1 (1) Development, financing, and operation of the
5187+2 transportation project under terms set forth in the
5188+3 public-private agreement, in any form as deemed
5189+4 appropriate by the responsible public entity
5190+5 transportation agency, including, but not limited to, a
5191+6 long-term concession and lease, a design-bid-build
5192+7 agreement, a design-build agreement, a
5193+8 design-build-maintain agreement, a design-build-finance
5194+9 agreement, a design-build-operate-maintain agreement and a
5195+10 design-build-finance-operate-maintain agreement.
5196+11 (2) Delivery of performance and payment bonds or other
5197+12 performance security determined suitable by the
5198+13 responsible public entity transportation agency, including
5199+14 letters of credit, United States bonds and notes, parent
5200+15 guaranties, and cash collateral, in connection with the
5201+16 development, financing, or operation of the transportation
5202+17 project, in the forms and amounts set forth in the
5203+18 public-private agreement or otherwise determined as
5204+19 satisfactory by the responsible public entity
5205+20 transportation agency to protect the responsible public
5206+21 entity transportation agency and payment bond
5207+22 beneficiaries who have a direct contractual relationship
5208+23 with the contractor or a subcontractor of the contractor
5209+24 to supply labor or material. The payment or performance
5210+25 bond or alternative form of performance security is not
5211+26 required for the portion of a public-private agreement
5212+
5213+
5214+
5215+
5216+
5217+ HB2878 Re-Enrolled - 147 - LRB103 30786 RJT 57276 b
5218+
5219+
5220+HB2878 Re-Enrolled- 148 -LRB103 30786 RJT 57276 b HB2878 Re-Enrolled - 148 - LRB103 30786 RJT 57276 b
5221+ HB2878 Re-Enrolled - 148 - LRB103 30786 RJT 57276 b
5222+1 that includes only design, planning, or financing
5223+2 services, the performance of preliminary studies, or the
5224+3 acquisition of real property.
5225+4 (3) Review of plans for any development or operation,
5226+5 or both, of the transportation project by the responsible
5227+6 public entity transportation agency.
5228+7 (4) Inspection of any construction of or improvements
5229+8 to the transportation project by the responsible public
5230+9 entity transportation agency or another entity designated
5231+10 by the responsible public entity transportation agency or
5232+11 under the public-private agreement to ensure that the
5233+12 construction or improvements conform to the standards set
5234+13 forth in the public-private agreement or are otherwise
5235+14 acceptable to the responsible public entity transportation
5236+15 agency.
5237+16 (5) Maintenance of:
5238+17 (A) one or more policies of public liability
5239+18 insurance (copies of which shall be filed with the
5240+19 responsible public entity transportation agency
5241+20 accompanied by proofs of coverage); or
5242+21 (B) self-insurance;
5243+22 each in form and amount as set forth in the public-private
5244+23 agreement or otherwise satisfactory to the responsible
5245+24 public entity transportation agency as reasonably
5246+25 sufficient to insure coverage of tort liability to the
5247+26 public and employees and to enable the continued operation
5248+
5249+
5250+
5251+
5252+
5253+ HB2878 Re-Enrolled - 148 - LRB103 30786 RJT 57276 b
5254+
5255+
5256+HB2878 Re-Enrolled- 149 -LRB103 30786 RJT 57276 b HB2878 Re-Enrolled - 149 - LRB103 30786 RJT 57276 b
5257+ HB2878 Re-Enrolled - 149 - LRB103 30786 RJT 57276 b
5258+1 of the transportation project.
5259+2 (6) Where operations are included within the
5260+3 contractor's obligations under the public-private
5261+4 agreement, monitoring of the maintenance practices of the
5262+5 contractor by the responsible public entity transportation
5263+6 agency or another entity designated by the responsible
5264+7 public entity transportation agency or under the
5265+8 public-private agreement and the taking of the actions the
5266+9 responsible public entity transportation agency finds
5267+10 appropriate to ensure that the transportation project is
5268+11 properly maintained.
5269+12 (7) Reimbursement to be paid to the responsible public
5270+13 entity transportation agency as set forth in the
5271+14 public-private agreement for services provided by the
5272+15 responsible public entity transportation agency.
5273+16 (8) Filing of appropriate financial statements and
5274+17 reports as set forth in the public-private agreement or as
5275+18 otherwise in a form acceptable to the responsible public
5276+19 entity transportation agency on a periodic basis.
5277+20 (9) Compensation or payments to the contractor.
5278+21 Compensation or payments may include any or a combination
5279+22 of the following:
5280+23 (A) a base fee and additional fee for project
5281+24 savings as the design-builder of a construction
5282+25 project;
5283+26 (B) a development fee, payable on a lump-sum
5284+
5285+
5286+
5287+
5288+
5289+ HB2878 Re-Enrolled - 149 - LRB103 30786 RJT 57276 b
5290+
5291+
5292+HB2878 Re-Enrolled- 150 -LRB103 30786 RJT 57276 b HB2878 Re-Enrolled - 150 - LRB103 30786 RJT 57276 b
5293+ HB2878 Re-Enrolled - 150 - LRB103 30786 RJT 57276 b
5294+1 basis, progress payment basis, time and materials
5295+2 basis, or another basis deemed appropriate by the
5296+3 responsible public entity transportation agency;
5297+4 (C) an operations fee, payable on a lump-sum
5298+5 basis, time and material basis, periodic basis, or
5299+6 another basis deemed appropriate by the responsible
5300+7 public entity transportation agency;
5301+8 (D) some or all of the revenues, if any, arising
5302+9 out of operation of the transportation project;
5303+10 (E) a maximum rate of return on investment or
5304+11 return on equity or a combination of the two;
5305+12 (F) in-kind services, materials, property,
5306+13 equipment, or other items;
5307+14 (G) compensation in the event of any termination;
5308+15 (H) availability payments or similar arrangements
5309+16 whereby payments are made to the contractor pursuant
5310+17 to the terms set forth in the public-private agreement
5311+18 or related agreements; or
5312+19 (I) other compensation set forth in the
5313+20 public-private agreement or otherwise deemed
5314+21 appropriate by the responsible public entity
5315+22 transportation agency.
5316+23 (10) Compensation or payments to the responsible
5317+24 public entity transportation agency, if any. Compensation
5318+25 or payments may include any or a combination of the
5319+26 following:
5320+
5321+
5322+
5323+
5324+
5325+ HB2878 Re-Enrolled - 150 - LRB103 30786 RJT 57276 b
5326+
5327+
5328+HB2878 Re-Enrolled- 151 -LRB103 30786 RJT 57276 b HB2878 Re-Enrolled - 151 - LRB103 30786 RJT 57276 b
5329+ HB2878 Re-Enrolled - 151 - LRB103 30786 RJT 57276 b
5330+1 (A) a concession or lease payment or other fee,
5331+2 which may be payable upfront or on a periodic basis or
5332+3 on another basis deemed appropriate by the responsible
5333+4 public entity transportation agency;
5334+5 (B) sharing of revenues, if any, from the
5335+6 operation of the transportation project;
5336+7 (C) sharing of project savings from the
5337+8 construction of the transportation project;
5338+9 (D) payment for any services, materials,
5339+10 equipment, personnel, or other items provided by the
5340+11 responsible public entity transportation agency to the
5341+12 contractor under the public-private agreement or in
5342+13 connection with the transportation project; or
5343+14 (E) other compensation set forth in the
5344+15 public-private agreement or otherwise deemed
5345+16 appropriate by the responsible public entity
5346+17 transportation agency.
5347+18 (11) The date and terms of termination of the
5348+19 contractor's authority and duties under the public-private
5349+20 agreement and the circumstances under which the
5350+21 contractor's authority and duties may be terminated prior
5351+22 to that date.
5352+23 (12) Reversion of the transportation project to the
5353+24 responsible public entity transportation agency at the
5354+25 termination or expiration of the public-private agreement.
5355+26 (13) Rights and remedies of the responsible public
5356+
5357+
5358+
5359+
5360+
5361+ HB2878 Re-Enrolled - 151 - LRB103 30786 RJT 57276 b
5362+
5363+
5364+HB2878 Re-Enrolled- 152 -LRB103 30786 RJT 57276 b HB2878 Re-Enrolled - 152 - LRB103 30786 RJT 57276 b
5365+ HB2878 Re-Enrolled - 152 - LRB103 30786 RJT 57276 b
5366+1 entity transportation agency in the event that the
5367+2 contractor defaults or otherwise fails to comply with the
5368+3 terms of the public-private agreement.
5369+4 (14) Procedures for the selection of professional
5370+5 design firms and subcontractors, which shall include
5371+6 procedures consistent with the Architectural, Engineering,
5372+7 and Land Surveying Qualifications Based Selection Act for
5373+8 the selection of professional design firms and may
5374+9 include, in the discretion of the responsible public
5375+10 entity transportation agency, procedures consistent with
5376+11 the low bid procurement procedures outlined in the
5377+12 Illinois Procurement Code for the selection of
5378+13 construction companies.
5379+14 (15) Other terms, conditions, and provisions that the
5380+15 responsible public entity transportation agency believes
5381+16 are in the public interest.
5382+17 (c) The responsible public entity transportation agency
5383+18 may fix and revise the amounts of user fees that a contractor
5384+19 may charge and collect for the use of any part of a
5385+20 transportation project in accordance with the public-private
5386+21 agreement. In fixing the amounts, the responsible public
5387+22 entity transportation agency may establish maximum amounts for
5388+23 the user fees and may provide that the maximums and any
5389+24 increases or decreases of those maximums shall be based upon
5390+25 the indices, methodologies, or other factors the responsible
5391+26 public entity transportation agency considers appropriate.
5392+
5393+
5394+
5395+
5396+
5397+ HB2878 Re-Enrolled - 152 - LRB103 30786 RJT 57276 b
5398+
5399+
5400+HB2878 Re-Enrolled- 153 -LRB103 30786 RJT 57276 b HB2878 Re-Enrolled - 153 - LRB103 30786 RJT 57276 b
5401+ HB2878 Re-Enrolled - 153 - LRB103 30786 RJT 57276 b
5402+1 (d) A public-private agreement may:
5403+2 (1) authorize the imposition of tolls in any manner
5404+3 determined appropriate by the responsible public entity
5405+4 transportation agency for the transportation project;
5406+5 (2) authorize the contractor to adjust the user fees
5407+6 for the use of the transportation project, so long as the
5408+7 amounts charged and collected by the contractor do not
5409+8 exceed the maximum amounts established by the responsible
5410+9 public entity transportation agency under the
5411+10 public-private agreement;
5412+11 (3) provide that any adjustment by the contractor
5413+12 permitted under paragraph (2) of this subsection (d) may
5414+13 be based on the indices, methodologies, or other factors
5415+14 described in the public-private agreement or approved by
5416+15 the responsible public entity transportation agency;
5417+16 (4) authorize the contractor to charge and collect
5418+17 user fees through methods, including, but not limited to,
5419+18 automatic vehicle identification systems, electronic toll
5420+19 collection systems, and, to the extent permitted by law,
5421+20 global positioning system-based, photo-based, or
5422+21 video-based toll collection enforcement, provided that to
5423+22 the maximum extent feasible the contractor will (i)
5424+23 utilize open road tolling methods that allow payment of
5425+24 tolls at highway speeds and (ii) comply with United States
5426+25 Department of Transportation requirements and best
5427+26 practices with respect to tolling methods; and
5428+
5429+
5430+
5431+
5432+
5433+ HB2878 Re-Enrolled - 153 - LRB103 30786 RJT 57276 b
5434+
5435+
5436+HB2878 Re-Enrolled- 154 -LRB103 30786 RJT 57276 b HB2878 Re-Enrolled - 154 - LRB103 30786 RJT 57276 b
5437+ HB2878 Re-Enrolled - 154 - LRB103 30786 RJT 57276 b
5438+1 (5) authorize the collection of user fees by a third
5439+2 party.
5440+3 (e) In the public-private agreement, the responsible
5441+4 public entity transportation agency may agree to make grants
5442+5 or loans for the development or operation, or both, of the
5443+6 transportation project from time to time from amounts received
5444+7 from the federal government or any agency or instrumentality
5445+8 of the federal government or from any State or local agency.
5446+9 (f) Upon the termination or expiration of the
5447+10 public-private agreement, including a termination for default,
5448+11 the responsible public entity transportation agency shall have
5449+12 the right to take over the transportation project and to
5450+13 succeed to all of the right, title, and interest in the
5451+14 transportation project. Upon termination or expiration of the
5452+15 public-private agreement relating to a transportation project
5453+16 undertaken by the Department, all real property acquired as a
5454+17 part of the transportation project shall be held in the name of
5455+18 the State of Illinois. Upon termination or expiration of the
5456+19 public-private agreement relating to a transportation project
5457+20 undertaken by the Authority, all real property acquired as a
5458+21 part of the transportation project shall be held in the name of
5459+22 the Authority.
5460+23 (g) If a responsible public entity transportation agency
5461+24 elects to take over a transportation project as provided in
5462+25 subsection (f) of this Section, the responsible public entity
5463+26 transportation agency may do the following:
5464+
5465+
5466+
5467+
5468+
5469+ HB2878 Re-Enrolled - 154 - LRB103 30786 RJT 57276 b
5470+
5471+
5472+HB2878 Re-Enrolled- 155 -LRB103 30786 RJT 57276 b HB2878 Re-Enrolled - 155 - LRB103 30786 RJT 57276 b
5473+ HB2878 Re-Enrolled - 155 - LRB103 30786 RJT 57276 b
5474+1 (1) develop, finance, or operate the project,
5475+2 including through a public-private agreement entered into
5476+3 in accordance with this Act; or
5477+4 (2) impose, collect, retain, and use user fees, if
5478+5 any, for the project.
5479+6 (h) If a responsible public entity transportation agency
5480+7 elects to take over a transportation project as provided in
5481+8 subsection (f) of this Section, the responsible public entity
5482+9 transportation agency may use the revenues, if any, for any
5483+10 lawful purpose, including to:
5484+11 (1) make payments to individuals or entities in
5485+12 connection with any financing of the transportation
5486+13 project, including through a public-private agreement
5487+14 entered into in accordance with this Act;
5488+15 (2) permit a contractor to receive some or all of the
5489+16 revenues under a public-private agreement entered into
5490+17 under this Act;
5491+18 (3) pay development costs of the project;
5492+19 (4) pay current operation costs of the project or
5493+20 facilities;
5494+21 (5) pay the contractor for any compensation or payment
5495+22 owing upon termination; and
5496+23 (6) pay for the development, financing, or operation
5497+24 of any other project or projects the responsible public
5498+25 entity transportation agency deems appropriate.
5499+26 (i) The full faith and credit of the State or any political
5500+
5501+
5502+
5503+
5504+
5505+ HB2878 Re-Enrolled - 155 - LRB103 30786 RJT 57276 b
5506+
5507+
5508+HB2878 Re-Enrolled- 156 -LRB103 30786 RJT 57276 b HB2878 Re-Enrolled - 156 - LRB103 30786 RJT 57276 b
5509+ HB2878 Re-Enrolled - 156 - LRB103 30786 RJT 57276 b
5510+1 subdivision of the State or the responsible public entity
5511+2 transportation agency is not pledged to secure any financing
5512+3 of the contractor by the election to take over the
5513+4 transportation project. Assumption of development or
5514+5 operation, or both, of the transportation project does not
5515+6 obligate the State or any political subdivision of the State
5516+7 or the responsible public entity transportation agency to pay
5517+8 any obligation of the contractor.
5518+9 (j) The responsible public entity transportation agency
5519+10 may enter into a public-private agreement with multiple
5520+11 approved proposers if the responsible public entity
5521+12 transportation agency determines in writing that it is in the
5522+13 public interest to do so.
5523+14 (k) A public-private agreement shall not include any
5524+15 provision under which the responsible public entity
5525+16 transportation agency agrees to restrict or to provide
5526+17 compensation to the private entity for the construction or
5527+18 operation of a competing transportation facility during the
5528+19 term of the public-private agreement.
5529+20 (l) With respect to a public-private agreement entered
5530+21 into by the Department, the Department shall certify in its
5531+22 State budget request to the Governor each year the amount
5532+23 required by the Department during the next State fiscal year
5533+24 to enable the Department to make any payment obligated to be
5534+25 made by the Department pursuant to that public-private
5535+26 agreement, and the Governor shall include that amount in the
5536+
5537+
5538+
5539+
5540+
5541+ HB2878 Re-Enrolled - 156 - LRB103 30786 RJT 57276 b
5542+
5543+
5544+HB2878 Re-Enrolled- 157 -LRB103 30786 RJT 57276 b HB2878 Re-Enrolled - 157 - LRB103 30786 RJT 57276 b
5545+ HB2878 Re-Enrolled - 157 - LRB103 30786 RJT 57276 b
5546+1 State budget submitted to the General Assembly.
5547+2 (Source: P.A. 97-502, eff. 8-23-11; 97-858, eff. 7-27-12.)
5548+3 (630 ILCS 5/40)
5549+4 Sec. 40. Development and operations standards for
5550+5 transportation projects.
5551+6 (a) The plans and specifications, if any, for each project
5552+7 developed under this Act must comply with:
5553+8 (1) the responsible public entity's transportation
5554+9 agency's standards for other projects of a similar nature
5555+10 or as otherwise provided in the public-private agreement;
5556+11 (2) the Professional Engineering Practice Act of 1989,
5557+12 the Structural Engineering Practice Act of 1989, the
5558+13 Illinois Architecture Practice Act of 1989, the
5559+14 requirements of Section 30-22 of the Illinois Procurement
5560+15 Code as they apply to responsible bidders, and the
5561+16 Illinois Professional Land Surveyor Act of 1989; and
5562+17 (3) any other applicable State or federal standards.
5563+18 (b) Each highway project constructed or operated under
5564+19 this Act is considered to be part of:
5565+20 (1) the State highway system for purposes of
5566+21 identification, maintenance standards, and enforcement of
5567+22 traffic laws if the highway project is under the
5568+23 jurisdiction of the Department; or
5569+24 (2) the toll highway system for purposes of
5570+25 identification, maintenance standards, and enforcement of
5571+
5572+
5573+
5574+
5575+
5576+ HB2878 Re-Enrolled - 157 - LRB103 30786 RJT 57276 b
5577+
5578+
5579+HB2878 Re-Enrolled- 158 -LRB103 30786 RJT 57276 b HB2878 Re-Enrolled - 158 - LRB103 30786 RJT 57276 b
5580+ HB2878 Re-Enrolled - 158 - LRB103 30786 RJT 57276 b
5581+1 traffic laws if the highway project is under the
5582+2 jurisdiction of the Authority.
5583+3 (c) Any unit of local government or State agency may enter
5584+4 into agreements with the contractor for maintenance or other
5585+5 services under this Act.
5586+6 (d) Any electronic toll collection system used on a toll
5587+7 highway, bridge, or tunnel as part of a transportation project
5588+8 must be compatible with the electronic toll collection system
5589+9 used by the Authority. The Authority is authorized to
5590+10 construct, operate, and maintain any electronic toll
5591+11 collection system used on a toll highway, bridge, or tunnel as
5592+12 part of a transportation project pursuant to an agreement with
5593+13 the responsible public entity transportation agency or the
5594+14 contractor responsible for the transportation project. All
5595+15 private entities and public agencies shall have an equal
5596+16 opportunity to contract with the Authority to provide
5597+17 construction, operation, and maintenance services. In
5598+18 addition, during the procurement of a public-private
5599+19 agreement, these construction, operation, and maintenance
5600+20 services shall be available under identical terms to each
5601+21 private entity participating in the procurement. To the extent
5602+22 that a public-private agreement or an agreement with a public
5603+23 agency under subsection (c) of Section 20 of this Act
5604+24 authorizes tolling, the responsible public entities
5605+25 transportation agencies and any contractor under a
5606+26 public-private partnership or a public agency under an
5607+
5608+
5609+
5610+
5611+
5612+ HB2878 Re-Enrolled - 158 - LRB103 30786 RJT 57276 b
5613+
5614+
5615+HB2878 Re-Enrolled- 159 -LRB103 30786 RJT 57276 b HB2878 Re-Enrolled - 159 - LRB103 30786 RJT 57276 b
5616+ HB2878 Re-Enrolled - 159 - LRB103 30786 RJT 57276 b
5617+1 agreement pursuant to subsection (c) of Section 20 of this Act
5618+2 shall comply with subsection (a-5) of Section 10 of the Toll
5619+3 Highway Act as it relates to toll enforcement.
5620+4 (Source: P.A. 97-502, eff. 8-23-11; 97-858, eff. 7-27-12.)
5621+5 (630 ILCS 5/45)
5622+6 Sec. 45. Financial arrangements.
5623+7 (a) The responsible public entity transportation agency
5624+8 may do any combination of applying for, executing, or
5625+9 endorsing applications submitted by private entities to obtain
5626+10 federal, State, or local credit assistance for transportation
5627+11 projects developed, financed, or operated under this Act,
5628+12 including loans, lines of credit, and guarantees.
5629+13 (b) The responsible public entity transportation agency
5630+14 may take any action to obtain federal, State, or local
5631+15 assistance for a transportation project that serves the public
5632+16 purpose of this Act and may enter into any contracts required
5633+17 to receive the federal assistance. The responsible public
5634+18 entity transportation agency may determine that it serves the
5635+19 public purpose of this Act for all or any portion of the costs
5636+20 of a transportation project to be paid, directly or
5637+21 indirectly, from the proceeds of a grant or loan, line of
5638+22 credit, or loan guarantee made by a local, State, or federal
5639+23 government or any agency or instrumentality of a local, State,
5640+24 or federal government. Such assistance may include, but not be
5641+25 limited to, federal credit assistance pursuant to the
5642+
5643+
5644+
5645+
5646+
5647+ HB2878 Re-Enrolled - 159 - LRB103 30786 RJT 57276 b
5648+
5649+
5650+HB2878 Re-Enrolled- 160 -LRB103 30786 RJT 57276 b HB2878 Re-Enrolled - 160 - LRB103 30786 RJT 57276 b
5651+ HB2878 Re-Enrolled - 160 - LRB103 30786 RJT 57276 b
5652+1 Transportation Infrastructure Finance and Innovation Act
5653+2 (TIFIA).
5654+3 (c) The responsible public entity transportation agency
5655+4 may agree to make grants or loans for the development,
5656+5 financing, or operation of a transportation project from time
5657+6 to time, from amounts received from the federal, State, or
5658+7 local government or any agency or instrumentality of the
5659+8 federal, State, or local government.
5660+9 (d) Any financing of a transportation project may be in
5661+10 the amounts and upon the terms and conditions that are
5662+11 determined by the parties to the public-private agreement.
5663+12 (e) For the purpose of financing a transportation project,
5664+13 the contractor and the responsible public entity
5665+14 transportation agency may do the following:
5666+15 (1) propose to use any and all revenues that may be
5667+16 available to them;
5668+17 (2) enter into grant agreements;
5669+18 (3) access any other funds available to the
5670+19 responsible public entity transportation agency; and
5671+20 (4) accept grants from the responsible public entity
5672+21 transportation agency or other public or private agency or
5673+22 entity.
5674+23 (f) For the purpose of financing a transportation project,
5675+24 public funds, including public or private pension funds, may
5676+25 be used and mixed and aggregated with funds provided by or on
5677+26 behalf of the contractor or other private entities.
5678+
5679+
5680+
5681+
5682+
5683+ HB2878 Re-Enrolled - 160 - LRB103 30786 RJT 57276 b
5684+
5685+
5686+HB2878 Re-Enrolled- 161 -LRB103 30786 RJT 57276 b HB2878 Re-Enrolled - 161 - LRB103 30786 RJT 57276 b
5687+ HB2878 Re-Enrolled - 161 - LRB103 30786 RJT 57276 b
5688+1 (g) For the purpose of financing a transportation project,
5689+2 each responsible public entity transportation agency is
5690+3 authorized to do any combination of applying for, executing,
5691+4 or endorsing applications for an allocation of tax-exempt bond
5692+5 financing authorization provided by Section 142(m) of the
5693+6 United States Internal Revenue Code, as well as financing
5694+7 available under any other federal law or program.
5695+8 (h) Any bonds, debt, or other securities or other
5696+9 financing issued by or on behalf of a contractor for the
5697+10 purposes of a project undertaken under this Act shall not be
5698+11 deemed to constitute a debt of the State or any political
5699+12 subdivision of the State or a pledge of the faith and credit of
5700+13 the State or any political subdivision of the State.
5701+14 (Source: P.A. 97-502, eff. 8-23-11; 97-858, eff. 7-27-12.)
5702+15 (630 ILCS 5/50)
5703+16 Sec. 50. Acquisition of property.
5704+17 (a) The responsible public entity transportation agency
5705+18 may exercise any power of condemnation or eminent domain,
5706+19 including quick-take powers, that it has under law, including,
5707+20 in the case of the Department, all powers for acquisition of
5708+21 property rights granted it in the Illinois Highway Code, for
5709+22 the purpose of acquiring any lands or estates or interests in
5710+23 land for a transportation project to the extent provided in
5711+24 the public-private agreement or otherwise to the extent that
5712+25 the responsible public entity transportation agency finds that
5713+
5714+
5715+
5716+
5717+
5718+ HB2878 Re-Enrolled - 161 - LRB103 30786 RJT 57276 b
5719+
5720+
5721+HB2878 Re-Enrolled- 162 -LRB103 30786 RJT 57276 b HB2878 Re-Enrolled - 162 - LRB103 30786 RJT 57276 b
5722+ HB2878 Re-Enrolled - 162 - LRB103 30786 RJT 57276 b
5723+1 the action serves the public purpose of this Act and deems it
5724+2 appropriate in the exercise of its powers under this Act.
5725+3 (b) The responsible public entity transportation agency
5726+4 and a contractor may enter into the leases, licenses,
5727+5 easements, and other grants of property interests that the
5728+6 responsible public entity transportation agency determines
5729+7 necessary to carry out this Act.
5730+8 (Source: P.A. 97-502, eff. 8-23-11.)
5731+9 (630 ILCS 5/55)
5732+10 Sec. 55. Labor.
5733+11 (a) A public-private agreement related to a transportation
5734+12 project pertaining to the building, altering, repairing,
5735+13 maintaining, improving, or demolishing a transportation
5736+14 facility shall require the contractor and all subcontractors
5737+15 to comply with the requirements of Section 30-22 of the
5738+16 Illinois Procurement Code as they apply to responsible bidders
5739+17 and to present satisfactory evidence of that compliance to the
5740+18 responsible public entity transportation agency, unless the
5741+19 transportation project is federally funded and the application
5742+20 of those requirements would jeopardize the receipt or use of
5743+21 federal funds in support of the transportation project.
5744+22 (b) A public-private agreement related to a transportation
5745+23 project pertaining to a new transportation facility shall
5746+24 require the contractor to enter into a project labor agreement
5747+25 utilized by the Department.
5748+
5749+
5750+
5751+
5752+
5753+ HB2878 Re-Enrolled - 162 - LRB103 30786 RJT 57276 b
5754+
5755+
5756+HB2878 Re-Enrolled- 163 -LRB103 30786 RJT 57276 b HB2878 Re-Enrolled - 163 - LRB103 30786 RJT 57276 b
5757+ HB2878 Re-Enrolled - 163 - LRB103 30786 RJT 57276 b
5758+1 (Source: P.A. 97-502, eff. 8-23-11.)
5759+2 (630 ILCS 5/65)
5760+3 Sec. 65. Term of agreement; reversion of property to
5761+4 responsible public entity transportation agency.
5762+5 (a) The term of a public-private agreement, including all
5763+6 extensions, may not exceed 99 years.
5764+7 (b) The responsible public entity transportation agency
5765+8 shall terminate the contractor's authority and duties under
5766+9 the public-private agreement on the date set forth in the
5767+10 public-private agreement.
5768+11 (c) Upon termination of the public-private agreement, the
5769+12 authority and duties of the contractor under this Act cease,
5770+13 except for those duties and obligations that extend beyond the
5771+14 termination, as set forth in the public-private agreement, and
5772+15 all interests in the transportation facility shall revert to
5773+16 the responsible public entity transportation agency.
5774+17 (Source: P.A. 97-502, eff. 8-23-11.)
5775+18 (630 ILCS 5/70)
5776+19 Sec. 70. Additional powers of responsible public entities
5777+20 transportation agencies with respect to transportation
5778+21 projects.
5779+22 (a) Each responsible public entity transportation agency
5780+23 may exercise any powers provided under this Act in
5781+24 participation or cooperation with any governmental entity and
5782+
5783+
5784+
5785+
5786+
5787+ HB2878 Re-Enrolled - 163 - LRB103 30786 RJT 57276 b
5788+
5789+
5790+HB2878 Re-Enrolled- 164 -LRB103 30786 RJT 57276 b HB2878 Re-Enrolled - 164 - LRB103 30786 RJT 57276 b
5791+ HB2878 Re-Enrolled - 164 - LRB103 30786 RJT 57276 b
5792+1 enter into any contracts to facilitate that participation or
5793+2 cooperation without compliance with any other statute. Each
5794+3 responsible public entity transportation agency shall
5795+4 cooperate with each other and with other governmental entities
5796+5 in carrying out transportation projects under this Act.
5797+6 (b) Each responsible public entity transportation agency
5798+7 may make and enter into all contracts and agreements necessary
5799+8 or incidental to the performance of the responsible public
5800+9 entity's transportation agency's duties and the execution of
5801+10 the responsible public entity's transportation agency's powers
5802+11 under this Act. Except as otherwise required by law, these
5803+12 contracts or agreements are not subject to any approvals other
5804+13 than the approval of the responsible public entity
5805+14 transportation agency and may be for any term of years and
5806+15 contain any terms that are considered reasonable by the
5807+16 responsible public entity transportation agency.
5808+17 (c) Each responsible public entity transportation agency
5809+18 may pay the costs incurred under a public-private agreement
5810+19 entered into under this Act from any funds available to the
5811+20 responsible public entity transportation agency under this Act
5812+21 or any other statute.
5813+22 (d) A responsible public entity transportation agency or
5814+23 other State agency may not take any action that would impair a
5815+24 public-private agreement entered into under this Act.
5816+25 (e) Each responsible public entity transportation agency
5817+26 may enter into an agreement between and among the contractor,
5818+
5819+
5820+
5821+
5822+
5823+ HB2878 Re-Enrolled - 164 - LRB103 30786 RJT 57276 b
5824+
5825+
5826+HB2878 Re-Enrolled- 165 -LRB103 30786 RJT 57276 b HB2878 Re-Enrolled - 165 - LRB103 30786 RJT 57276 b
5827+ HB2878 Re-Enrolled - 165 - LRB103 30786 RJT 57276 b
5828+1 the responsible public entity transportation agency, and the
5829+2 Illinois State Police concerning the provision of law
5830+3 enforcement assistance with respect to a transportation
5831+4 project that is the subject of a public-private agreement
5832+5 under this Act.
5833+6 (f) Each responsible public entity transportation agency
5834+7 is authorized to enter into arrangements with the Illinois
5835+8 State Police related to costs incurred in providing law
5836+9 enforcement assistance under this Act.
5837+10 (Source: P.A. 102-538, eff. 8-20-21.)
5838+11 (630 ILCS 5/80)
5839+12 Sec. 80. Powers liberally construed. The powers conferred
5840+13 by this Act shall be liberally construed in order to
5841+14 accomplish their purposes and shall be in addition and
5842+15 supplemental to the powers conferred by any other law. If any
5843+16 other law or rule is inconsistent with this Act, this Act is
5844+17 controlling as to any public-private agreement entered into
5845+18 under this Act. To implement the powers conferred by this Act,
5846+19 the responsible public entity transportation agency may
5847+20 establish rules and procedures for the procurement of a
5848+21 public-private agreement under this Act. Nothing contained in
5849+22 this Act is intended to supersede applicable federal law or to
5850+23 foreclose the use or potential use of federal funds. In the
5851+24 event any provision of this Act is inconsistent with
5852+25 applicable federal law or would have the effect of foreclosing
5853+
5854+
5855+
5856+
5857+
5858+ HB2878 Re-Enrolled - 165 - LRB103 30786 RJT 57276 b
5859+
5860+
5861+HB2878 Re-Enrolled- 166 -LRB103 30786 RJT 57276 b HB2878 Re-Enrolled - 166 - LRB103 30786 RJT 57276 b
5862+ HB2878 Re-Enrolled - 166 - LRB103 30786 RJT 57276 b
5863+1 the use or potential use of federal funds, the applicable
5864+2 federal law or funding condition shall prevail, but only to
5865+3 the extent of such inconsistency.
5866+4 (Source: P.A. 97-502, eff. 8-23-11.)
5867+5 (630 ILCS 5/85)
5868+6 Sec. 85. Full and complete authority. This Act contains
5869+7 full and complete authority for agreements and leases with
5870+8 private entities to carry out the activities described in this
5871+9 Act. Except as otherwise required by law, no procedure,
5872+10 proceedings, publications, notices, consents, approvals,
5873+11 orders, or acts by the responsible public entity
5874+12 transportation agency or any other State or local agency or
5875+13 official are required to enter into an agreement or lease.
5876+14 (Source: P.A. 97-502, eff. 8-23-11.)
5877+15 ARTICLE 95. LICENSING OF SOFTWARE APPLICATIONS
5878+16 Section 95-5. The Illinois Procurement Code is amended by
5879+17 adding Section 20-57 as follows:
5880+18 (30 ILCS 500/20-57 new)
5881+19 Sec. 20-57. Software licensing contracts. A contract
5882+20 entered into by a public agency for the licensing of software
5883+21 applications designed to run on generally available desktop or
5884+22 server hardware may not limit the public agency's ability to
5885+
5886+
5887+
5888+
5889+
5890+ HB2878 Re-Enrolled - 166 - LRB103 30786 RJT 57276 b
5891+
5892+
5893+HB2878 Re-Enrolled- 167 -LRB103 30786 RJT 57276 b HB2878 Re-Enrolled - 167 - LRB103 30786 RJT 57276 b
5894+ HB2878 Re-Enrolled - 167 - LRB103 30786 RJT 57276 b
5895+1 install or run the software on any of the public agency's
5896+2 hardware.
5897+3 ARTICLE 97. PUBLIC CONSTRUCTION BONDS
5898+4 Section 97-5. The Public Construction Bond Act is amended
5899+5 by changing Section 1 as follows:
5900+6 (30 ILCS 550/1) (from Ch. 29, par. 15)
5901+7 Sec. 1. Except as otherwise provided by this Act, until
5902+8 January 1, 2029, all officials, boards, commissions, or agents
5903+9 of this State, or of any political subdivision thereof, in
5904+10 making contracts for public work of any kind costing over
5905+11 $150,000 $50,000 to be performed for the State, or of any
5906+12 political subdivision thereof, shall require every contractor
5907+13 for the work to furnish, supply and deliver a bond to the
5908+14 State, or to the political subdivision thereof entering into
5909+15 the contract, as the case may be, with good and sufficient
5910+16 sureties. The surety on the bond shall be a company that is
5911+17 licensed by the Department of Insurance authorizing it to
5912+18 execute surety bonds and the company shall have a financial
5913+19 strength rating of at least A- as rated by A.M. Best Company,
5914+20 Inc., Moody's Investors Service, Standard & Poor's
5915+21 Corporation, or a similar rating agency. The amount of the
5916+22 bond shall be fixed by the officials, boards, commissions,
5917+23 commissioners or agents, and the bond, among other conditions,
5918+
5919+
5920+
5921+
5922+
5923+ HB2878 Re-Enrolled - 167 - LRB103 30786 RJT 57276 b
5924+
5925+
5926+HB2878 Re-Enrolled- 168 -LRB103 30786 RJT 57276 b HB2878 Re-Enrolled - 168 - LRB103 30786 RJT 57276 b
5927+ HB2878 Re-Enrolled - 168 - LRB103 30786 RJT 57276 b
5928+1 shall be conditioned for the completion of the contract, for
5929+2 the payment of material, apparatus, fixtures, and machinery
5930+3 used in the work and for all labor performed in the work,
5931+4 whether by subcontractor or otherwise.
5932+5 Until January 1, 2029, when making contracts for public
5933+6 works to be constructed, the Department of Transportation and
5934+7 the Illinois State Toll Highway Authority shall require every
5935+8 contractor for those works to furnish, supply, and deliver a
5936+9 bond to the Department or the Authority, as the case may be,
5937+10 with good and sufficient sureties only if the public works
5938+11 contract will cost more than $500,000. The Department of
5939+12 Transportation and the Illinois State Toll Highway Authority
5940+13 shall publicly display the following information by website or
5941+14 annual report and shall provide that information to interested
5942+15 parties upon request:
5943+16 (1) a list of each of its defaulted public works
5944+17 contracts, including the value of the award, the adjusted
5945+18 contract value, and the amount remaining unpaid by the
5946+19 Department or Authority, as applicable;
5947+20 (2) the number and the aggregate amount of payment
5948+21 claims made under the Mechanics Lien Act along with the
5949+22 number of contracts in which payment claims are made under
5950+23 the Mechanics Lien Act;
5951+24 (3) for each of its public improvement contracts,
5952+25 regardless of the contract value, the aggregate annual
5953+26 revenue of the contractor derived from contracts with the
5954+
5955+
5956+
5957+
5958+
5959+ HB2878 Re-Enrolled - 168 - LRB103 30786 RJT 57276 b
5960+
5961+
5962+HB2878 Re-Enrolled- 169 -LRB103 30786 RJT 57276 b HB2878 Re-Enrolled - 169 - LRB103 30786 RJT 57276 b
5963+ HB2878 Re-Enrolled - 169 - LRB103 30786 RJT 57276 b
5964+1 State;
5965+2 (4) for each of its public works contracts, regardless
5966+3 of contract value, the identity of the surety providing
5967+4 the contract bond, payment and performance bond, or both;
5968+5 and
5969+6 (5) for each of its public works contracts, regardless
5970+7 of the bond threshold, a list of bidders for each public
5971+8 works contract, and the amount bid by each bidder.
5972+9 Until January 1, 2029, local governmental units may
5973+10 require a bond, by ordinance or resolution, for public works
5974+11 contracts valued at $150,000 or less.
5975+12 On and after January 1, 2029, all officials, boards,
5976+13 commissions, or agents of this State, or of any political
5977+14 subdivision thereof, in making contracts for public work of
5978+15 any kind costing over $50,000 to be performed for the State, or
5979+16 of any political subdivision thereof, shall require every
5980+17 contractor for the work to furnish, supply and deliver a bond
5981+18 to the State, or to the political subdivision thereof entering
5982+19 into the contract, as the case may be, with good and sufficient
5983+20 sureties. The surety on the bond shall be a company that is
5984+21 licensed by the Department of Insurance authorizing it to
5985+22 execute surety bonds and the company shall have a financial
5986+23 strength rating of at least A- as rated by A.M. Best Company,
5987+24 Inc., Moody's Investors Service, Standard & Poor's
5988+25 Corporation, or a similar rating agency. The amount of the
5989+26 bond shall be fixed by the officials, boards, commissions,
5990+
5991+
5992+
5993+
5994+
5995+ HB2878 Re-Enrolled - 169 - LRB103 30786 RJT 57276 b
5996+
5997+
5998+HB2878 Re-Enrolled- 170 -LRB103 30786 RJT 57276 b HB2878 Re-Enrolled - 170 - LRB103 30786 RJT 57276 b
5999+ HB2878 Re-Enrolled - 170 - LRB103 30786 RJT 57276 b
6000+1 commissioners or agents, and the bond, among other conditions,
6001+2 shall be conditioned for the completion of the contract, for
6002+3 the payment of material, apparatus, fixtures, and machinery
6003+4 used in the work and for all labor performed in the work,
6004+5 whether by subcontractor or otherwise.
6005+6 If the contract is for emergency repairs as provided in
6006+7 the Illinois Procurement Code, proof of payment for all labor,
6007+8 materials, apparatus, fixtures, and machinery may be furnished
6008+9 in lieu of the bond required by this Section.
6009+10 Each such bond is deemed to contain the following
6010+11 provisions whether such provisions are inserted in such bond
6011+12 or not:
6012+13 "The principal and sureties on this bond agree that all
6013+14 the undertakings, covenants, terms, conditions and agreements
6014+15 of the contract or contracts entered into between the
6015+16 principal and the State or any political subdivision thereof
6016+17 will be performed and fulfilled and to pay all persons, firms
6017+18 and corporations having contracts with the principal or with
6018+19 subcontractors, all just claims due them under the provisions
6019+20 of such contracts for labor performed or materials furnished
6020+21 in the performance of the contract on account of which this
6021+22 bond is given, when such claims are not satisfied out of the
6022+23 contract price of the contract on account of which this bond is
6023+24 given, after final settlement between the officer, board,
6024+25 commission or agent of the State or of any political
6025+26 subdivision thereof and the principal has been made.".
6026+
6027+
6028+
6029+
6030+
6031+ HB2878 Re-Enrolled - 170 - LRB103 30786 RJT 57276 b
6032+
6033+
6034+HB2878 Re-Enrolled- 171 -LRB103 30786 RJT 57276 b HB2878 Re-Enrolled - 171 - LRB103 30786 RJT 57276 b
6035+ HB2878 Re-Enrolled - 171 - LRB103 30786 RJT 57276 b
6036+1 Each bond securing contracts between the Capital
6037+2 Development Board or any board of a public institution of
6038+3 higher education and a contractor shall contain the following
6039+4 provisions, whether the provisions are inserted in the bond or
6040+5 not:
6041+6 "Upon the default of the principal with respect to
6042+7 undertakings, covenants, terms, conditions, and agreements,
6043+8 the termination of the contractor's right to proceed with the
6044+9 work, and written notice of that default and termination by
6045+10 the State or any political subdivision to the surety
6046+11 ("Notice"), the surety shall promptly remedy the default by
6047+12 taking one of the following actions:
6048+13 (1) The surety shall complete the work pursuant to a
6049+14 written takeover agreement, using a completing contractor
6050+15 jointly selected by the surety and the State or any
6051+16 political subdivision; or
6052+17 (2) The surety shall pay a sum of money to the obligee,
6053+18 up to the penal sum of the bond, that represents the
6054+19 reasonable cost to complete the work that exceeds the
6055+20 unpaid balance of the contract sum.
6056+21 The surety shall respond to the Notice within 15 working
6057+22 days of receipt indicating the course of action that it
6058+23 intends to take or advising that it requires more time to
6059+24 investigate the default and select a course of action. If the
6060+25 surety requires more than 15 working days to investigate the
6061+26 default and select a course of action or if the surety elects
6062+
6063+
6064+
6065+
6066+
6067+ HB2878 Re-Enrolled - 171 - LRB103 30786 RJT 57276 b
6068+
6069+
6070+HB2878 Re-Enrolled- 172 -LRB103 30786 RJT 57276 b HB2878 Re-Enrolled - 172 - LRB103 30786 RJT 57276 b
6071+ HB2878 Re-Enrolled - 172 - LRB103 30786 RJT 57276 b
6072+1 to complete the work with a completing contractor that is not
6073+2 prepared to commence performance within 15 working days after
6074+3 receipt of Notice, and if the State or any political
6075+4 subdivision determines it is in the best interest of the State
6076+5 to maintain the progress of the work, the State or any
6077+6 political subdivision may continue to work until the
6078+7 completing contractor is prepared to commence performance.
6079+8 Unless otherwise agreed to by the procuring agency, in no case
6080+9 may the surety take longer than 30 working days to advise the
6081+10 State or political subdivision on the course of action it
6082+11 intends to take. The surety shall be liable for reasonable
6083+12 costs incurred by the State or any political subdivision to
6084+13 maintain the progress to the extent the costs exceed the
6085+14 unpaid balance of the contract sum, subject to the penal sum of
6086+15 the bond.".
6087+16 The surety bond required by this Section may be acquired
6088+17 from the company, agent or broker of the contractor's choice.
6089+18 The bond and sureties shall be subject to the right of
6090+19 reasonable approval or disapproval, including suspension, by
6091+20 the State or political subdivision thereof concerned. Except
6092+21 as otherwise provided in this Section, in the case of State
6093+22 construction contracts, a contractor shall not be required to
6094+23 post a cash bond or letter of credit in addition to or as a
6095+24 substitute for the surety bond required by this Section.
6096+25 Prior to the completion of 50% of the contract for public
6097+26 works, a local governmental unit may not withhold retainage
6098+
6099+
6100+
6101+
6102+
6103+ HB2878 Re-Enrolled - 172 - LRB103 30786 RJT 57276 b
6104+
6105+
6106+HB2878 Re-Enrolled- 173 -LRB103 30786 RJT 57276 b HB2878 Re-Enrolled - 173 - LRB103 30786 RJT 57276 b
6107+ HB2878 Re-Enrolled - 173 - LRB103 30786 RJT 57276 b
6108+1 from any payment to a contractor who furnishes the bond or bond
6109+2 substitute required by this Act in an amount in excess of 10%
6110+3 of any payment made prior to the date of completion of 50% of
6111+4 the contract for public works. When a contract for public
6112+5 works is 50% complete, the local governmental unit shall
6113+6 reduce the retainage so that no more than 5% is held. After the
6114+7 contract is 50% complete, no more than 5% of the amount of any
6115+8 subsequent payments made under the contract for public works
6116+9 may be withheld as retainage.
6117+10 Prior to the completion of 50% of the contract for public
6118+11 works, the contractor and their respective subcontractors
6119+12 shall not withhold from their subcontractors retainage in
6120+13 excess of 10% of any payment made prior to the date of
6121+14 completion of 50% of the contract for public works. When the
6122+15 contract for public works is 50% complete, the contractor and
6123+16 its subcontractors shall reduce the retainage so that no more
6124+17 than 5% is withheld from their respective subcontractors.
6125+18 After the contract is 50% complete, the contractor and its
6126+19 subcontractors shall not withhold more than 5% of the amount
6127+20 of any subsequent payments made under the contract to their
6128+21 respective subcontractors.
6129+22 When other than motor fuel tax funds, federal-aid funds,
6130+23 or other funds received from the State are used, a political
6131+24 subdivision may allow the contractor to provide a
6132+25 non-diminishing irrevocable bank letter of credit, in lieu of
6133+26 the bond required by this Section, on contracts under $100,000
6134+
6135+
6136+
6137+
6138+
6139+ HB2878 Re-Enrolled - 173 - LRB103 30786 RJT 57276 b
6140+
6141+
6142+HB2878 Re-Enrolled- 174 -LRB103 30786 RJT 57276 b HB2878 Re-Enrolled - 174 - LRB103 30786 RJT 57276 b
6143+ HB2878 Re-Enrolled - 174 - LRB103 30786 RJT 57276 b
6144+1 to comply with the requirements of this Section. Any such bank
6145+2 letter of credit shall contain all provisions required for
6146+3 bonds by this Section.
6147+4 In order to reduce barriers to entry for diverse and small
6148+5 businesses, the Department of Transportation may implement a
6149+6 5-year pilot program to allow a contractor to provide a
6150+7 non-diminishing irrevocable bank letter of credit in lieu of
6151+8 the bond required by this Section on contracts under $500,000.
6152+9 Projects selected by the Department of Transportation for this
6153+10 pilot program must be classified by the Department as low-risk
6154+11 scope of work contracts. The Department shall adopt rules to
6155+12 define the criteria for pilot project selection and
6156+13 implementation of the pilot program.
6157+14 In For the purposes of this Section: , the terms
6158+15 "material"
6159+16 "Local governmental unit" has the meaning ascribed to it
6160+17 in Section 2 of the Local Government Prompt Payment Act.
6161+18 "Material", "labor", "apparatus", "fixtures", and
6162+19 "machinery" include those rented items that are on the
6163+20 construction site and those rented tools that are used or
6164+21 consumed on the construction site in the performance of the
6165+22 contract on account of which the bond is given.
6166+23 (Source: P.A. 101-65, eff. 1-1-20; 102-968, eff. 1-1-23.)
6167+24 ARTICLE 98 VENDOR CONTRIBUTION LIMITS AND REGISTRATION
6168+25 REQUIREMENTS
6169+
6170+
6171+
6172+
6173+
6174+ HB2878 Re-Enrolled - 174 - LRB103 30786 RJT 57276 b
6175+
6176+
6177+HB2878 Re-Enrolled- 175 -LRB103 30786 RJT 57276 b HB2878 Re-Enrolled - 175 - LRB103 30786 RJT 57276 b
6178+ HB2878 Re-Enrolled - 175 - LRB103 30786 RJT 57276 b
6179+1 Section 98-5. The Illinois Procurement Code is amended by
6180+2 changing Sections 20-160 and 50-37 as follows:
6181+3 (30 ILCS 500/20-160)
6182+4 Sec. 20-160. Business entities; certification;
6183+5 registration with the State Board of Elections.
6184+6 (a) For purposes of this Section, the terms "business
6185+7 entity", "contract", "State contract", "contract with a State
6186+8 agency", "State agency", "affiliated entity", and "affiliated
6187+9 person" have the meanings ascribed to those terms in Section
6188+10 50-37.
6189+11 (b) Every bid and offer submitted to and every contract
6190+12 executed by the State on or after January 1, 2009 (the
6191+13 effective date of Public Act 95-971) and every submission to a
6192+14 vendor portal shall contain (1) a certification by the bidder,
6193+15 offeror, vendor, or contractor that either (i) the bidder,
6194+16 offeror, vendor, or contractor is not required to register as
6195+17 a business entity with the State Board of Elections pursuant
6196+18 to this Section or (ii) the bidder, offeror, vendor, or
6197+19 contractor has registered as a business entity with the State
6198+20 Board of Elections and acknowledges a continuing duty to
6199+21 update the registration and (2) a statement that the contract
6200+22 is voidable under Section 50-60 for the bidder's, offeror's,
6201+23 vendor's, or contractor's failure to comply with this Section.
6202+24 (c) Each business entity (i) whose aggregate pending bids
6203+
6204+
6205+
6206+
6207+
6208+ HB2878 Re-Enrolled - 175 - LRB103 30786 RJT 57276 b
6209+
6210+
6211+HB2878 Re-Enrolled- 176 -LRB103 30786 RJT 57276 b HB2878 Re-Enrolled - 176 - LRB103 30786 RJT 57276 b
6212+ HB2878 Re-Enrolled - 176 - LRB103 30786 RJT 57276 b
6213+1 and proposals on State contracts annually total more than
6214+2 $50,000, (ii) whose aggregate pending bids and proposals on
6215+3 State contracts combined with the business entity's aggregate
6216+4 annual total value of State contracts exceed $50,000, or (iii)
6217+5 whose contracts with State agencies, in the aggregate,
6218+6 annually total more than $50,000 shall register with the State
6219+7 Board of Elections in accordance with Section 9-35 of the
6220+8 Election Code. A business entity required to register under
6221+9 this subsection due to item (i) or (ii) has a continuing duty
6222+10 to ensure that the registration is accurate during the period
6223+11 beginning on the date of registration and ending on the day
6224+12 after the date the contract is awarded; any change in
6225+13 information must be reported to the State Board of Elections 5
6226+14 business days following such change or no later than a day
6227+15 before the contract is awarded, whichever date is earlier. A
6228+16 business entity required to register under this subsection due
6229+17 to item (iii) has a continuing duty to ensure that the
6230+18 registration is accurate in accordance with subsection (e).
6231+19 (d) Any business entity, not required under subsection (c)
6232+20 to register, whose aggregate pending bids and proposals on
6233+21 State contracts annually total more than $50,000, or whose
6234+22 aggregate pending bids and proposals on State contracts
6235+23 combined with the business entity's aggregate annual total
6236+24 value of State contracts exceed $50,000, shall register with
6237+25 the State Board of Elections in accordance with Section 9-35
6238+26 of the Election Code prior to submitting to a State agency the
6239+
6240+
6241+
6242+
6243+
6244+ HB2878 Re-Enrolled - 176 - LRB103 30786 RJT 57276 b
6245+
6246+
6247+HB2878 Re-Enrolled- 177 -LRB103 30786 RJT 57276 b HB2878 Re-Enrolled - 177 - LRB103 30786 RJT 57276 b
6248+ HB2878 Re-Enrolled - 177 - LRB103 30786 RJT 57276 b
6249+1 bid or proposal whose value causes the business entity to fall
6250+2 within the monetary description of this subsection. A business
6251+3 entity required to register under this subsection has a
6252+4 continuing duty to ensure that the registration is accurate
6253+5 during the period beginning on the date of registration and
6254+6 ending on the day after the date the contract is awarded. Any
6255+7 change in information must be reported to the State Board of
6256+8 Elections within 5 business days following such change or no
6257+9 later than a day before the contract is awarded, whichever
6258+10 date is earlier.
6259+11 (e) A business entity whose contracts with State agencies,
6260+12 in the aggregate, annually total more than $50,000 must
6261+13 maintain its registration under this Section and has a
6262+14 continuing duty to ensure that the registration is accurate
6263+15 for the duration of the term of office of the incumbent
6264+16 officeholder awarding the contracts or for a period of 2 years
6265+17 following the expiration or termination of the contracts,
6266+18 whichever is longer. A business entity, required to register
6267+19 under this subsection, has a continuing duty to report any
6268+20 changes on a quarterly basis to the State Board of Elections
6269+21 within 14 calendar days following the last day of January,
6270+22 April, July, and October of each year. Any update pursuant to
6271+23 this paragraph that is received beyond that date is presumed
6272+24 late and the civil penalty authorized by subsection (e) of
6273+25 Section 9-35 of the Election Code may be assessed.
6274+26 Also, if a business entity required to register under this
6275+
6276+
6277+
6278+
6279+
6280+ HB2878 Re-Enrolled - 177 - LRB103 30786 RJT 57276 b
6281+
6282+
6283+HB2878 Re-Enrolled- 178 -LRB103 30786 RJT 57276 b HB2878 Re-Enrolled - 178 - LRB103 30786 RJT 57276 b
6284+ HB2878 Re-Enrolled - 178 - LRB103 30786 RJT 57276 b
6285+1 subsection has a pending bid or offer, any change in
6286+2 information shall be reported to the State Board of Elections
6287+3 within 7 calendar days following such change or no later than a
6288+4 day before the contract is awarded, whichever date is earlier.
6289+5 (f) A business entity's continuing duty under this Section
6290+6 to ensure the accuracy of its registration includes the
6291+7 requirement that the business entity notify the State Board of
6292+8 Elections of any change in information, including, but not
6293+9 limited to, changes of affiliated entities or affiliated
6294+10 persons.
6295+11 (g) For any bid or offer for a contract with a State agency
6296+12 by a business entity required to register under this Section,
6297+13 the chief procurement officer shall verify that the business
6298+14 entity is required to register under this Section and is in
6299+15 compliance with the registration requirements on the date the
6300+16 bid or offer is due. A chief procurement officer shall not
6301+17 accept a bid or offer if the business entity is not in
6302+18 compliance with the registration requirements as of the date
6303+19 bids or offers are due. Upon discovery of noncompliance with
6304+20 this Section, if the bidder or offeror made a good faith effort
6305+21 to comply with registration efforts prior to the date the bid
6306+22 or offer is due, a chief procurement officer may provide the
6307+23 bidder or offeror 5 business days to achieve compliance. A
6308+24 chief procurement officer may extend the time to prove
6309+25 compliance by as long as necessary in the event that there is a
6310+26 failure within the State Board of Elections' registration
6311+
6312+
6313+
6314+
6315+
6316+ HB2878 Re-Enrolled - 178 - LRB103 30786 RJT 57276 b
6317+
6318+
6319+HB2878 Re-Enrolled- 179 -LRB103 30786 RJT 57276 b HB2878 Re-Enrolled - 179 - LRB103 30786 RJT 57276 b
6320+ HB2878 Re-Enrolled - 179 - LRB103 30786 RJT 57276 b
6321+1 system.
6322+2 (h) A registration, and any changes to a registration,
6323+3 must include the business entity's verification of accuracy
6324+4 and subjects the business entity to the penalties of the laws
6325+5 of this State for perjury.
6326+6 In addition to any penalty under Section 9-35 of the
6327+7 Election Code, intentional, willful, or material failure to
6328+8 disclose information required for registration shall render
6329+9 the contract, bid, offer, or other procurement relationship
6330+10 voidable by the chief procurement officer if he or she deems it
6331+11 to be in the best interest of the State of Illinois.
6332+12 (i) This Section applies regardless of the method of
6333+13 source selection used in awarding the contract.
6334+14 (Source: P.A. 100-43, eff. 8-9-17; 101-81, eff. 7-12-19.)
6335+15 (30 ILCS 500/50-37)
6336+16 Sec. 50-37. Prohibition of political contributions.
6337+17 (a) As used in this Section:
6338+18 The terms "contract", "State contract", and "contract
6339+19 with a State agency" each mean any contract, as defined in
6340+20 this Code, between a business entity and a State agency
6341+21 let or awarded pursuant to this Code. The terms
6342+22 "contract", "State contract", and "contract with a State
6343+23 agency" do not include cost reimbursement contracts;
6344+24 purchase of care agreements as defined in Section 1-15.68
6345+25 of this Code; contracts for projects eligible for full or
6346+
6347+
6348+
6349+
6350+
6351+ HB2878 Re-Enrolled - 179 - LRB103 30786 RJT 57276 b
6352+
6353+
6354+HB2878 Re-Enrolled- 180 -LRB103 30786 RJT 57276 b HB2878 Re-Enrolled - 180 - LRB103 30786 RJT 57276 b
6355+ HB2878 Re-Enrolled - 180 - LRB103 30786 RJT 57276 b
6356+1 partial federal-aid funding reimbursements authorized by
6357+2 the Federal Highway Administration; grants, including but
6358+3 are not limited to grants for job training or
6359+4 transportation; and grants, loans, or tax credit
6360+5 agreements for economic development purposes.
6361+6 "Contribution" means a contribution as defined in
6362+7 Section 9-1.4 of the Election Code.
6363+8 "Declared candidate" means a person who has filed a
6364+9 statement of candidacy and petition for nomination or
6365+10 election in the principal office of the State Board of
6366+11 Elections.
6367+12 "State agency" means and includes all boards,
6368+13 commissions, agencies, institutions, authorities, and
6369+14 bodies politic and corporate of the State, created by or
6370+15 in accordance with the Illinois Constitution or State
6371+16 statute, of the executive branch of State government and
6372+17 does include colleges, universities, public employee
6373+18 retirement systems, and institutions under the
6374+19 jurisdiction of the governing boards of the University of
6375+20 Illinois, Southern Illinois University, Illinois State
6376+21 University, Eastern Illinois University, Northern Illinois
6377+22 University, Western Illinois University, Chicago State
6378+23 University, Governors State University, Northeastern
6379+24 Illinois University, and the Illinois Board of Higher
6380+25 Education.
6381+26 "Officeholder" means the Governor, Lieutenant
6382+
6383+
6384+
6385+
6386+
6387+ HB2878 Re-Enrolled - 180 - LRB103 30786 RJT 57276 b
6388+
6389+
6390+HB2878 Re-Enrolled- 181 -LRB103 30786 RJT 57276 b HB2878 Re-Enrolled - 181 - LRB103 30786 RJT 57276 b
6391+ HB2878 Re-Enrolled - 181 - LRB103 30786 RJT 57276 b
6392+1 Governor, Attorney General, Secretary of State,
6393+2 Comptroller, or Treasurer. The Governor shall be
6394+3 considered the officeholder responsible for awarding all
6395+4 contracts by all officers and employees of, and potential
6396+5 contractors and others doing business with, executive
6397+6 branch State agencies under the jurisdiction of the
6398+7 Executive Ethics Commission and not within the
6399+8 jurisdiction of the Attorney General, the Secretary of
6400+9 State, the Comptroller, or the Treasurer.
6401+10 "Sponsoring entity" means a sponsoring entity as
6402+11 defined in Section 9-3 of the Election Code.
6403+12 "Affiliated person" means (i) any person with any
6404+13 ownership interest or distributive share of the bidding or
6405+14 contracting business entity in excess of 7.5%, (ii)
6406+15 executive employees of the bidding or contracting business
6407+16 entity, and (iii) the spouse of any such persons.
6408+17 "Affiliated person" does not include a person prohibited
6409+18 by federal law from making contributions or expenditures
6410+19 in connection with a federal, state, or local election.
6411+20 "Affiliated entity" means (i) any corporate parent and
6412+21 each operating subsidiary of the bidding or contracting
6413+22 business entity, (ii) each operating subsidiary of the
6414+23 corporate parent of the bidding or contracting business
6415+24 entity, (iii) any organization recognized by the United
6416+25 States Internal Revenue Service as a tax-exempt
6417+26 organization described in Section 501(c) of the Internal
6418+
6419+
6420+
6421+
6422+
6423+ HB2878 Re-Enrolled - 181 - LRB103 30786 RJT 57276 b
6424+
6425+
6426+HB2878 Re-Enrolled- 182 -LRB103 30786 RJT 57276 b HB2878 Re-Enrolled - 182 - LRB103 30786 RJT 57276 b
6427+ HB2878 Re-Enrolled - 182 - LRB103 30786 RJT 57276 b
6428+1 Revenue Code of 1986 (or any successor provision of
6429+2 federal tax law) established by the bidding or contracting
6430+3 business entity, any affiliated entity of that business
6431+4 entity, or any affiliated person of that business entity,
6432+5 or (iv) any political committee for which the bidding or
6433+6 contracting business entity, or any 501(c) organization
6434+7 described in item (iii) related to that business entity,
6435+8 is the sponsoring entity. "Affiliated entity" does not
6436+9 include an entity prohibited by federal law from making
6437+10 contributions or expenditures in connection with a
6438+11 federal, state, or local election.
6439+12 "Business entity" means any entity doing business for
6440+13 profit, whether organized as a corporation, partnership,
6441+14 sole proprietorship, limited liability company or
6442+15 partnership, or otherwise.
6443+16 "Executive employee" means (i) the President,
6444+17 Chairman, or Chief Executive Officer of a business entity
6445+18 and any other individual that fulfills equivalent duties
6446+19 as the President, Chairman of the Board, or Chief
6447+20 Executive Officer of a business entity; and (ii) any
6448+21 employee of a business entity whose compensation is
6449+22 determined directly, in whole or in part, by the award or
6450+23 payment of contracts by a State agency to the entity
6451+24 employing the employee. A regular salary that is paid
6452+25 irrespective of the award or payment of a contract with a
6453+26 State agency shall not constitute "compensation" under
6454+
6455+
6456+
6457+
6458+
6459+ HB2878 Re-Enrolled - 182 - LRB103 30786 RJT 57276 b
6460+
6461+
6462+HB2878 Re-Enrolled- 183 -LRB103 30786 RJT 57276 b HB2878 Re-Enrolled - 183 - LRB103 30786 RJT 57276 b
6463+ HB2878 Re-Enrolled - 183 - LRB103 30786 RJT 57276 b
6464+1 item (ii) of this definition. "Executive employee" does
6465+2 not include any person prohibited by federal law from
6466+3 making contributions or expenditures in connection with a
6467+4 federal, state, or local election.
6468+5 (b) Any business entity whose contracts with State
6469+6 agencies, in the aggregate, annually total more than $50,000,
6470+7 and any affiliated entities or affiliated persons of such
6471+8 business entity, are prohibited from making any contributions
6472+9 to any political committees established to promote the
6473+10 candidacy of (i) the officeholder responsible for awarding the
6474+11 contracts or (ii) any other declared candidate for that
6475+12 office. This prohibition shall be effective for the duration
6476+13 of the term of office of the incumbent officeholder awarding
6477+14 the contracts or for a period of 2 years following the
6478+15 expiration or termination of the contracts, whichever is
6479+16 longer.
6480+17 (c) Any business entity whose aggregate pending bids and
6481+18 offers on State contracts total more than $50,000, or whose
6482+19 aggregate pending bids and offers on State contracts combined
6483+20 with the business entity's aggregate annual total value of
6484+21 State contracts exceed $50,000, and any affiliated entities or
6485+22 affiliated persons of such business entity, are prohibited
6486+23 from making any contributions to any political committee
6487+24 established to promote the candidacy of the officeholder
6488+25 responsible for awarding the contract on which the business
6489+26 entity has submitted a bid or offer during the period
6490+
6491+
6492+
6493+
6494+
6495+ HB2878 Re-Enrolled - 183 - LRB103 30786 RJT 57276 b
6496+
6497+
6498+HB2878 Re-Enrolled- 184 -LRB103 30786 RJT 57276 b HB2878 Re-Enrolled - 184 - LRB103 30786 RJT 57276 b
6499+ HB2878 Re-Enrolled - 184 - LRB103 30786 RJT 57276 b
6500+1 beginning on the date the invitation for bids, request for
6501+2 proposals, or any other procurement opportunity is issued and
6502+3 ending on the day after the date the contract is awarded.
6503+4 (c-5) For the purposes of the prohibitions under
6504+5 subsections (b) and (c) of this Section, (i) any contribution
6505+6 made to a political committee established to promote the
6506+7 candidacy of the Governor or a declared candidate for the
6507+8 office of Governor shall also be considered as having been
6508+9 made to a political committee established to promote the
6509+10 candidacy of the Lieutenant Governor, in the case of the
6510+11 Governor, or the declared candidate for Lieutenant Governor
6511+12 having filed a joint petition, or write-in declaration of
6512+13 intent, with the declared candidate for Governor, as
6513+14 applicable, and (ii) any contribution made to a political
6514+15 committee established to promote the candidacy of the
6515+16 Lieutenant Governor or a declared candidate for the office of
6516+17 Lieutenant Governor shall also be considered as having been
6517+18 made to a political committee established to promote the
6518+19 candidacy of the Governor, in the case of the Lieutenant
6519+20 Governor, or the declared candidate for Governor having filed
6520+21 a joint petition, or write-in declaration of intent, with the
6521+22 declared candidate for Lieutenant Governor, as applicable.
6522+23 (d) All contracts between State agencies and a business
6523+24 entity that violate subsection (b) or (c) shall be voidable
6524+25 under Section 50-60. If a business entity violates subsection
6525+26 (b) 3 or more times within a 36-month period, then all
6526+
6527+
6528+
6529+
6530+
6531+ HB2878 Re-Enrolled - 184 - LRB103 30786 RJT 57276 b
6532+
6533+
6534+HB2878 Re-Enrolled- 185 -LRB103 30786 RJT 57276 b HB2878 Re-Enrolled - 185 - LRB103 30786 RJT 57276 b
6535+ HB2878 Re-Enrolled - 185 - LRB103 30786 RJT 57276 b
6536+1 contracts between State agencies and that business entity
6537+2 shall be void, and that business entity shall not bid or
6538+3 respond to any invitation to bid or request for proposals from
6539+4 any State agency or otherwise enter into any contract with any
6540+5 State agency for 3 years from the date of the last violation. A
6541+6 notice of each violation and the penalty imposed shall be
6542+7 published in both the Procurement Bulletin and the Illinois
6543+8 Register.
6544+9 (e) Any political committee that has received a
6545+10 contribution in violation of subsection (b) or (c) shall pay
6546+11 an amount equal to the value of the contribution to the State
6547+12 no more than 30 calendar days after notice of the violation
6548+13 concerning the contribution appears in the Illinois Register.
6549+14 Payments received by the State pursuant to this subsection
6550+15 shall be deposited into the general revenue fund.
6551+16 (Source: P.A. 97-411, eff. 8-16-11; 98-1076, eff. 1-1-15.)
6552+17 ARTICLE 100. LAND MAINTENANCE ACTIVITY PROJECTS
6553+18 Section 100-5. The Illinois Solid Waste Management Act is
6554+19 amended by changing Section 3 as follows:
6555+20 (415 ILCS 20/3) (from Ch. 111 1/2, par. 7053)
6556+21 Sec. 3. State agency materials recycling program.
6557+22 (a) All State agencies and local governments shall
6558+23 consider whether compost products can be used in the land
6559+
6560+
6561+
6562+
6563+
6564+ HB2878 Re-Enrolled - 185 - LRB103 30786 RJT 57276 b
6565+
6566+
6567+HB2878 Re-Enrolled- 186 -LRB103 30786 RJT 57276 b HB2878 Re-Enrolled - 186 - LRB103 30786 RJT 57276 b
6568+ HB2878 Re-Enrolled - 186 - LRB103 30786 RJT 57276 b
6569+1 maintenance activity project when soliciting and reviewing
6570+2 bids for land maintenance activity projects. If compost
6571+3 products can be used in the project, the State agency or local
6572+4 government must use compost products unless the compost
6573+5 products: responsible for the maintenance of public lands in
6574+6 the State shall, to the maximum extent feasible, use compost
6575+7 materials in all land maintenance activities which are to be
6576+8 paid with public funds.
6577+9 (1) are not available within a reasonable period of
6578+10 time;
6579+11 (2) do not comply with existing purchasing standards;
6580+12 or
6581+13 (3) do not comply with federal or State health and
6582+14 safety standards.
6583+15 Beginning January 1, 2024, the Department of
6584+16 Transportation shall report each year to the General Assembly:
6585+17 (i) the volume of compost used in State highway
6586+18 construction projects;
6587+19 (ii) the status of compost and compost-based products
6588+20 used in State highway construction projects; and
6589+21 (iii) recommendations to maximize the use of compost
6590+22 as a recycled material in State highway construction
6591+23 projects.
6592+24 State agencies and local governments are encouraged to
6593+25 give priority to purchasing compost products from companies
6594+26 that produce compost products locally, are certified by a
6595+
6596+
6597+
6598+
6599+
6600+ HB2878 Re-Enrolled - 186 - LRB103 30786 RJT 57276 b
6601+
6602+
6603+HB2878 Re-Enrolled- 187 -LRB103 30786 RJT 57276 b HB2878 Re-Enrolled - 187 - LRB103 30786 RJT 57276 b
6604+ HB2878 Re-Enrolled - 187 - LRB103 30786 RJT 57276 b
6605+1 nationally recognized organization, and produce compost
6606+2 products that are derived from municipal solid waste compost
6607+3 programs.
6608+4 (a-5) All State agencies responsible for the maintenance
6609+5 of public lands in the State shall review its procurement
6610+6 specifications and policies to determine (1) if incorporating
6611+7 compost materials will help reduce stormwater run-off and
6612+8 increase infiltration of moisture in land maintenance
6613+9 activities and (2) the current recycled content usage and
6614+10 potential for additional recycled content usage by the Agency
6615+11 in land maintenance activities and report to the General
6616+12 Assembly by December 15, 2015.
6617+13 (b) The Department of Central Management Services, in
6618+14 coordination with the Agency, shall implement waste reduction
6619+15 programs, including source separation and collection, for
6620+16 office wastepaper, corrugated containers, newsprint and mixed
6621+17 paper, in all State buildings as appropriate and feasible.
6622+18 Such waste reduction programs shall be designed to achieve
6623+19 waste reductions of at least 25% of all such waste by December
6624+20 31, 1995, and at least 50% of all such waste by December 31,
6625+21 2000. Any source separation and collection program shall
6626+22 include, at a minimum, procedures for collecting and storing
6627+23 recyclable materials, bins or containers for storing
6628+24 materials, and contractual or other arrangements with buyers
6629+25 of recyclable materials. If market conditions so warrant, the
6630+26 Department of Central Management Services, in coordination
6631+
6632+
6633+
6634+
6635+
6636+ HB2878 Re-Enrolled - 187 - LRB103 30786 RJT 57276 b
6637+
6638+
6639+HB2878 Re-Enrolled- 188 -LRB103 30786 RJT 57276 b HB2878 Re-Enrolled - 188 - LRB103 30786 RJT 57276 b
6640+ HB2878 Re-Enrolled - 188 - LRB103 30786 RJT 57276 b
6641+1 with the Agency, may modify programs developed pursuant to
6642+2 this Section.
6643+3 The Department of Commerce and Community Affairs (now
6644+4 Department of Commerce and Economic Opportunity) shall conduct
6645+5 waste categorization studies of all State facilities for
6646+6 calendar years 1991, 1995 and 2000. Such studies shall be
6647+7 designed to assist the Department of Central Management
6648+8 Services to achieve the waste reduction goals established in
6649+9 this subsection.
6650+10 (c) Each State agency shall, upon consultation with the
6651+11 Agency, periodically review its procurement procedures and
6652+12 specifications related to the purchase of products or
6653+13 supplies. Such procedures and specifications shall be modified
6654+14 as necessary to require the procuring agency to seek out
6655+15 products and supplies that contain recycled materials, and to
6656+16 ensure that purchased products or supplies are reusable,
6657+17 durable or made from recycled materials whenever economically
6658+18 and practically feasible. In choosing among products or
6659+19 supplies that contain recycled material, consideration shall
6660+20 be given to products and supplies with the highest recycled
6661+21 material content that is consistent with the effective and
6662+22 efficient use of the product or supply.
6663+23 (d) Wherever economically and practically feasible, the
6664+24 Department of Central Management Services shall procure
6665+25 recycled paper and paper products as follows:
6666+26 (1) Beginning July 1, 1989, at least 10% of the total
6667+
6668+
6669+
6670+
6671+
6672+ HB2878 Re-Enrolled - 188 - LRB103 30786 RJT 57276 b
6673+
6674+
6675+HB2878 Re-Enrolled- 189 -LRB103 30786 RJT 57276 b HB2878 Re-Enrolled - 189 - LRB103 30786 RJT 57276 b
6676+ HB2878 Re-Enrolled - 189 - LRB103 30786 RJT 57276 b
6677+1 dollar value of paper and paper products purchased by the
6678+2 Department of Central Management Services shall be
6679+3 recycled paper and paper products.
6680+4 (2) Beginning July 1, 1992, at least 25% of the total
6681+5 dollar value of paper and paper products purchased by the
6682+6 Department of Central Management Services shall be
6683+7 recycled paper and paper products.
6684+8 (3) Beginning July 1, 1996, at least 40% of the total
6685+9 dollar value of paper and paper products purchased by the
6686+10 Department of Central Management Services shall be
6687+11 recycled paper and paper products.
6688+12 (4) Beginning July 1, 2000, at least 50% of the total
6689+13 dollar value of paper and paper products purchased by the
6690+14 Department of Central Management Services shall be
6691+15 recycled paper and paper products.
6692+16 (e) Paper and paper products purchased from private
6693+17 vendors pursuant to printing contracts are not considered
6694+18 paper products for the purposes of subsection (d). However,
6695+19 the Department of Central Management Services shall report to
6696+20 the General Assembly on an annual basis the total dollar value
6697+21 of printing contracts awarded to private sector vendors that
6698+22 included the use of recycled paper.
6699+23 (f)(1) Wherever economically and practically feasible,
6700+24 the recycled paper and paper products referred to in
6701+25 subsection (d) shall contain postconsumer or recovered
6702+26 paper materials as specified by paper category in this
6703+
6704+
6705+
6706+
6707+
6708+ HB2878 Re-Enrolled - 189 - LRB103 30786 RJT 57276 b
6709+
6710+
6711+HB2878 Re-Enrolled- 190 -LRB103 30786 RJT 57276 b HB2878 Re-Enrolled - 190 - LRB103 30786 RJT 57276 b
6712+ HB2878 Re-Enrolled - 190 - LRB103 30786 RJT 57276 b
6713+1 subsection:
6714+2 (i) Recycled high grade printing and writing paper
6715+3 shall contain at least 50% recovered paper material.
6716+4 Such recovered paper material, until July 1, 1994,
6717+5 shall consist of at least 20% deinked stock or
6718+6 postconsumer material; and beginning July 1, 1994,
6719+7 shall consist of at least 25% deinked stock or
6720+8 postconsumer material; and beginning July 1, 1996,
6721+9 shall consist of at least 30% deinked stock or
6722+10 postconsumer material; and beginning July 1, 1998,
6723+11 shall consist of at least 40% deinked stock or
6724+12 postconsumer material; and beginning July 1, 2000,
6725+13 shall consist of at least 50% deinked stock or
6726+14 postconsumer material.
6727+15 (ii) Recycled tissue products, until July 1, 1994,
6728+16 shall contain at least 25% postconsumer material; and
6729+17 beginning July 1, 1994, shall contain at least 30%
6730+18 postconsumer material; and beginning July 1, 1996,
6731+19 shall contain at least 35% postconsumer material; and
6732+20 beginning July 1, 1998, shall contain at least 40%
6733+21 postconsumer material; and beginning July 1, 2000,
6734+22 shall contain at least 45% postconsumer material.
6735+23 (iii) Recycled newsprint, until July 1, 1994,
6736+24 shall contain at least 40% postconsumer material; and
6737+25 beginning July 1, 1994, shall contain at least 50%
6738+26 postconsumer material; and beginning July 1, 1996,
6739+
6740+
6741+
6742+
6743+
6744+ HB2878 Re-Enrolled - 190 - LRB103 30786 RJT 57276 b
6745+
6746+
6747+HB2878 Re-Enrolled- 191 -LRB103 30786 RJT 57276 b HB2878 Re-Enrolled - 191 - LRB103 30786 RJT 57276 b
6748+ HB2878 Re-Enrolled - 191 - LRB103 30786 RJT 57276 b
6749+1 shall contain at least 60% postconsumer material; and
6750+2 beginning July 1, 1998, shall contain at least 70%
6751+3 postconsumer material; and beginning July 1, 2000,
6752+4 shall contain at least 80% postconsumer material.
6753+5 (iv) Recycled unbleached packaging, until July 1,
6754+6 1994, shall contain at least 35% postconsumer
6755+7 material; and beginning July 1, 1994, shall contain at
6756+8 least 40% postconsumer material; and beginning July 1,
6757+9 1996, shall contain at least 45% postconsumer
6758+10 material; and beginning July 1, 1998, shall contain at
6759+11 least 50% postconsumer material; and beginning July 1,
6760+12 2000, shall contain at least 55% postconsumer
6761+13 material.
6762+14 (v) Recycled paperboard, until July 1, 1994, shall
6763+15 contain at least 80% postconsumer material; and
6764+16 beginning July 1, 1994, shall contain at least 85%
6765+17 postconsumer material; and beginning July 1, 1996,
6766+18 shall contain at least 90% postconsumer material; and
6767+19 beginning July 1, 1998, shall contain at least 95%
6768+20 postconsumer material.
6769+21 (2) For the purposes of this Section, "postconsumer
6770+22 material" includes:
6771+23 (i) paper, paperboard, and fibrous wastes from
6772+24 retail stores, office buildings, homes, and so forth,
6773+25 after the waste has passed through its end usage as a
6774+26 consumer item, including used corrugated boxes, old
6775+
6776+
6777+
6778+
6779+
6780+ HB2878 Re-Enrolled - 191 - LRB103 30786 RJT 57276 b
6781+
6782+
6783+HB2878 Re-Enrolled- 192 -LRB103 30786 RJT 57276 b HB2878 Re-Enrolled - 192 - LRB103 30786 RJT 57276 b
6784+ HB2878 Re-Enrolled - 192 - LRB103 30786 RJT 57276 b
6785+1 newspapers, mixed waste paper, tabulating cards, and
6786+2 used cordage; and
6787+3 (ii) all paper, paperboard, and fibrous wastes
6788+4 that are diverted or separated from the municipal
6789+5 solid waste stream.
6790+6 (3) For the purposes of this Section, "recovered paper
6791+7 material" includes:
6792+8 (i) postconsumer material;
6793+9 (ii) dry paper and paperboard waste generated
6794+10 after completion of the papermaking process (that is,
6795+11 those manufacturing operations up to and including the
6796+12 cutting and trimming of the paper machine reel into
6797+13 smaller rolls or rough sheets), including envelope
6798+14 cuttings, bindery trimmings, and other paper and
6799+15 paperboard waste resulting from printing, cutting,
6800+16 forming, and other converting operations, or from bag,
6801+17 box and carton manufacturing, and butt rolls, mill
6802+18 wrappers, and rejected unused stock; and
6803+19 (iii) finished paper and paperboard from obsolete
6804+20 inventories of paper and paperboard manufacturers,
6805+21 merchants, wholesalers, dealers, printers, converters,
6806+22 or others.
6807+23 (g) The Department of Central Management Services may
6808+24 adopt regulations to carry out the provisions and purposes of
6809+25 this Section.
6810+26 (h) Every State agency shall, in its procurement
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6821+1 documents, specify that, whenever economically and practically
6822+2 feasible, a product to be procured must consist, wholly or in
6823+3 part, of recycled materials, or be recyclable or reusable in
6824+4 whole or in part. When applicable, if state guidelines are not
6825+5 already prescribed, State agencies shall follow USEPA
6826+6 guidelines for federal procurement.
6827+7 (i) All State agencies shall cooperate with the Department
6828+8 of Central Management Services in carrying out this Section.
6829+9 The Department of Central Management Services may enter into
6830+10 cooperative purchasing agreements with other governmental
6831+11 units in order to obtain volume discounts, or for other
6832+12 reasons in accordance with the Governmental Joint Purchasing
6833+13 Act, or in accordance with the Intergovernmental Cooperation
6834+14 Act if governmental units of other states or the federal
6835+15 government are involved.
6836+16 (j) The Department of Central Management Services shall
6837+17 submit an annual report to the General Assembly concerning its
6838+18 implementation of the State's collection and recycled paper
6839+19 procurement programs. This report shall include a description
6840+20 of the actions that the Department of Central Management
6841+21 Services has taken in the previous fiscal year to implement
6842+22 this Section. This report shall be submitted on or before
6843+23 November 1 of each year.
6844+24 (k) The Department of Central Management Services, in
6845+25 cooperation with all other appropriate departments and
6846+26 agencies of the State, shall institute whenever economically
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6857+1 and practically feasible the use of re-refined motor oil in
6858+2 all State-owned motor vehicles and the use of remanufactured
6859+3 and retread tires whenever such use is practical, beginning no
6860+4 later than July 1, 1992.
6861+5 (l) (Blank).
6862+6 (m) The Department of Central Management Services, in
6863+7 coordination with the Department of Commerce and Community
6864+8 Affairs (now Department of Commerce and Economic Opportunity),
6865+9 has implemented an aluminum can recycling program in all State
6866+10 buildings within 270 days of the effective date of this
6867+11 amendatory Act of 1997. The program provides for (1) the
6868+12 collection and storage of used aluminum cans in bins or other
6869+13 appropriate containers made reasonably available to occupants
6870+14 and visitors of State buildings and (2) the sale of used
6871+15 aluminum cans to buyers of recyclable materials.
6872+16 Proceeds from the sale of used aluminum cans shall be
6873+17 deposited into I-CYCLE accounts maintained in the Facilities
6874+18 Management Revolving Fund and, subject to appropriation, shall
6875+19 be used by the Department of Central Management Services and
6876+20 any other State agency to offset the costs of implementing the
6877+21 aluminum can recycling program under this Section.
6878+22 All State agencies having an aluminum can recycling
6879+23 program in place shall continue with their current plan. If a
6880+24 State agency has an existing recycling program in place,
6881+25 proceeds from the aluminum can recycling program may be
6882+26 retained and distributed pursuant to that program, otherwise
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6893+1 all revenue resulting from these programs shall be forwarded
6894+2 to Central Management Services, I-CYCLE for placement into the
6895+3 appropriate account within the Facilities Management Revolving
6896+4 Fund, minus any operating costs associated with the program.
6897+5 (Source: P.A. 101-636, eff. 6-10-20; 102-444, eff. 8-20-21.)
6898+6 ARTICLE 999. EFFECTIVE DATE
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