SB 51 — STATE MONEYS-GOVMT SECURITIES

(b) The Office shall administer and be responsible for the Department's efforts to achieve greater diversity in its construction projects and in promoting equal opportunities within the Department.

The responsibilities of the Office shall be administered between 2 distinct bureaus, designed to establish policy, procedures, and monitoring efforts pursuant to the governing regulations supporting minorities and those supporting women in contracting and workforce activities.

(c) Applicant firms must be found eligible to be certified as a Disadvantaged Business Enterprise (DBE) program under the federal regulations contained in 49 CFR part 26 and part 23.

Only those businesses that are involved in highway construction-related services (non-vertical), consultant, and supplier/equipment rental/trucking services may be considered for participation in the Department's DBE program.

Once certified, the firm's name shall be listed in the Illinois Unified Certification Program's (IL UCP) DBE Directory (Directory).

The IL UCP's 5 participating agencies shall maintain the Directory to provide a reference source to assist bidders and proposers in meeting DBE contract goals.

The SB0051 Enrolled - 11 - LRB096 03607 RCE 13635 b Directory shall list the firms in alphabetical order and provides the industry categories/list and the districts in which the firms have indicated they are available.

(20 ILCS 2705/2705-595 new) Sec.

2705-595.

Prequalification of minority-owned and women-owned contractors.

The Department shall, within 30 days after the effective date of this amendatory Act of the 96th General Assembly, establish a committee to review the rules for prequalification of contractors adopted by the Department at 44 Illinois Administrative Code 650.

The purpose of the review is to determine whether the rules for prequalification operate as a barrier to minority-owned and women-owned contractors becoming prequalified to bid on or make proposals for Department contracts.

The committee shall, in addition to Department staff, be constituted with membership representing the construction industry and minority-owned and women-owned contractors.

The committee shall complete its work and make recommendations for any changes to the rules for prequalification to the Secretary of Transportation within 180 days after the effective date of this amendatory Act of the 96th General Assembly.

(20 ILCS 2705/2705-600 new) Sec.

2705-600.

Target market program.

In order to achieve all diversity goals, the Department's chief procurement SB0051 Enrolled - 12 - LRB096 03607 RCE 13635 b officer shall develop and coordinate a target market program including the following elements:

(1) In January of each year, the chief procurement officer shall estimate the dollar value of all contracts to be awarded by the Department during that year and shall multiply that total by the minority-owned business target market percentage and the women-owned business target market percentage for that year.

Contracts with an estimated dollar value equal to those products shall be set aside (prior to advertisement in the case of contracts to be awarded by bid) to be let only to qualified minority-owned businesses and qualified women-owned businesses, respectively.

(2) The chief procurement officer shall work with the officers and divisions of the Department to determine the appropriate designation of contracts as target market contracts.

To the extent practical, the chief procurement officer shall divide the procurements so designated into contract award units of economically feasible production runs in order to facilitate offers or bids from minority-owned businesses and women-owned businesses.

In making the annual designation of target market contracts, the chief procurement officer shall attempt to vary the included procurements so that a variety of goods and services produced by different minority-owned businesses and women-owned businesses shall be set aside each year.

SB0051 Enrolled - 13 - LRB096 03607 RCE 13635 b Minority-owned businesses and women-owned businesses shall remain eligible to seek the procurement award of contracts that have not been designated as target market contracts.

(3) The Department shall develop a list of minority-owned businesses and women-owned businesses that are interested in participating in the target market program, including the type of contract in which each minority-owned businesses and women-owned businesses is interested in participating.

The Department may make participation in the target market program dependent upon submission to stricter compliance audits than are generally applicable.

No contract shall be eligible for inclusion in the target market program unless the list developed by the Department indicates that there are at least 3 qualified minority-owned businesses or women-owned businesses interested in participating in that type of contract.

The Department may develop guidelines to regulate the level of participation of individual minority-owned businesses and women-owned businesses in the target market program in order to prevent the domination of the target market program by a small number of those entities.

If necessary or useful, the Department may require minority-owned businesses and women-owned businesses to participate in training programs offered by the Department or other State agencies as a condition to participation in the target market program.

SB0051 Enrolled - 14 - LRB096 03607 RCE 13635 b (4) Participation in the target market program shall be limited to minority-owned businesses and women-owned businesses and joint ventures consisting exclusively of minority-owned businesses, women-owned businesses, or both.

The prime contractor on a target market contract may subcontract up to 50% of the dollar value of the target market contract to subcontractors who are not minority-owned businesses or women-owned businesses.

(5) The Department may include in the target market program contracts that are funded by the federal government and may vary the standards of eligibility of the target market program (for example, by allowing the participation of businesses owned by a person with a disability) to the extent necessary to comply with the federal funding requirements.

(6) If no satisfactory bid or response is received with respect to a contract that has been designated as part of the target market program, the Department may delete that contract from the target market program.

In addition, the chief procurement officer shall thereupon designate and set aside for the target market program additional contracts corresponding in approximate value to the contract that was deleted from the target market program, to the extent feasible.

(7) In order to facilitate the performance of target market contracts by minority-owned businesses and SB0051 Enrolled - 15 - LRB096 03607 RCE 13635 b women-owned businesses, the chief procurement officer may expedite payments under target market contracts, may reduce retainages under target market contracts when appropriate, and may pay the contractor a portion of the value of a target market contract at the time of award as an advance to cover start-up and mobilization costs.

Section 95-20.

The Illinois Finance Authority Act is amended by changing Section 801-40 as follows:

(20 ILCS 3501/801-40) Sec.

801-40.

In addition to the powers otherwise authorized by law and in addition to the foregoing general corporate powers, the Authority shall also have the following additional specific powers to be exercised in furtherance of the purposes of this Act.

(a) The Authority shall have power (i) to accept grants, loans or appropriations from the federal government or the State, or any agency or instrumentality thereof, to be used for the operating expenses of the Authority, or for any purposes of the Authority, including the making of direct loans of such funds with respect to projects, and (ii) to enter into any agreement with the federal government or the State, or any agency or instrumentality thereof, in relationship to such grants, loans or appropriations.

(b) The Authority shall have power to procure and enter SB0051 Enrolled - 16 - LRB096 03607 RCE 13635 b into contracts for any type of insurance and indemnity agreements covering loss or damage to property from any cause, including loss of use and occupancy, or covering any other insurable risk.

(c) The Authority shall have the continuing power to issue bonds for its corporate purposes.

Bonds may be issued by the Authority in one or more series and may provide for the payment of any interest deemed necessary on such bonds, of the costs of issuance of such bonds, of any premium on any insurance, or of the cost of any guarantees, letters of credit or other similar documents, may provide for the funding of the reserves deemed necessary in connection with such bonds, and may provide for the refunding or advance refunding of any bonds or for accounts deemed necessary in connection with any purpose of the Authority.

The bonds may bear interest payable at any time or times and at any rate or rates, notwithstanding any other provision of law to the contrary, and such rate or rates may be established by an index or formula which may be implemented or established by persons appointed or retained therefor by the Authority, or may bear no interest or may bear interest payable at maturity or upon redemption prior to maturity, may bear such date or dates, may be payable at such time or times and at such place or places, may mature at any time or times not later than 40 years from the date of issuance, may be sold at public or private sale at such time or times and at such price or prices, may be secured by such pledges, reserves, guarantees, letters SB0051 Enrolled - 17 - LRB096 03607 RCE 13635 b of credit, insurance contracts or other similar credit support or liquidity instruments, may be executed in such manner, may be subject to redemption prior to maturity, may provide for the registration of the bonds, and may be subject to such other terms and conditions all as may be provided by the resolution or indenture authorizing the issuance of such bonds.

The holder or holders of any bonds issued by the Authority may bring suits at law or proceedings in equity to compel the performance and observance by any person or by the Authority or any of its agents or employees of any contract or covenant made with the holders of such bonds and to compel such person or the Authority and any of its agents or employees to perform any duties required to be performed for the benefit of the holders of any such bonds by the provision of the resolution authorizing their issuance, and to enjoin such person or the Authority and any of its agents or employees from taking any action in conflict with any such contract or covenant.

Notwithstanding the form and tenor of any such bonds and in the absence of any express recital on the face thereof that it is non-negotiable, all such bonds shall be negotiable instruments.

Pending the preparation and execution of any such bonds, temporary bonds may be issued as provided by the resolution.

The bonds shall be sold by the Authority in such manner as it shall determine.

The bonds may be secured as provided in the authorizing resolution by the receipts, revenues, income and other available funds of the Authority and SB0051 Enrolled - 18 - LRB096 03607 RCE 13635 b by any amounts derived by the Authority from the loan agreement or lease agreement with respect to the project or projects;

and bonds may be issued as general obligations of the Authority payable from such revenues, funds and obligations of the Authority as the bond resolution shall provide, or may be issued as limited obligations with a claim for payment solely from such revenues, funds and obligations as the bond resolution shall provide.

The Authority may grant a specific pledge or assignment of and lien on or security interest in such rights, revenues, income, or amounts and may grant a specific pledge or assignment of and lien on or security interest in any reserves, funds or accounts established in the resolution authorizing the issuance of bonds.

Any such pledge, assignment, lien or security interest for the benefit of the holders of the Authority's bonds shall be valid and binding from the time the bonds are issued without any physical delivery or further act, and shall be valid and binding as against and prior to the claims of all other parties having claims against the Authority or any other person irrespective of whether the other parties have notice of the pledge, assignment, lien or security interest.

As evidence of such pledge, assignment, lien and security interest, the Authority may execute and deliver a mortgage, trust agreement, indenture or security agreement or an assignment thereof.

A remedy for any breach or default of the terms of any such agreement by the Authority may be by mandamus proceedings in any court of SB0051 Enrolled - 19 - LRB096 03607 RCE 13635 b competent jurisdiction to compel the performance and compliance therewith, but the agreement may prescribe by whom or on whose behalf such action may be instituted.

It is expressly understood that the Authority may, but need not, acquire title to any project with respect to which it exercises its authority.

(d) With respect to the powers granted by this Act, the Authority may adopt rules and regulations prescribing the procedures by which persons may apply for assistance under this Act.

Nothing herein shall be deemed to preclude the Authority, prior to the filing of any formal application, from conducting preliminary discussions and investigations with respect to the subject matter of any prospective application.

(e) The Authority shall have power to acquire by purchase, lease, gift or otherwise any property or rights therein from any person useful for its purposes, whether improved for the purposes of any prospective project, or unimproved.

The Authority may also accept any donation of funds for its purposes from any such source.

The Authority shall have no independent power of condemnation but may acquire any property or rights therein obtained upon condemnation by any other authority, governmental entity or unit of local government with such power.

(f) The Authority shall have power to develop, construct and improve either under its own direction, or through collaboration with any approved applicant, or to acquire SB0051 Enrolled - 20 - LRB096 03607 RCE 13635 b through purchase or otherwise, any project, using for such purpose the proceeds derived from the sale of its bonds or from governmental loans or grants, and to hold title in the name of the Authority to such projects.

(g) The Authority shall have power to lease pursuant to a lease agreement any project so developed and constructed or acquired to the approved tenant on such terms and conditions as may be appropriate to further the purposes of this Act and to maintain the credit of the Authority.

Any such lease may provide for either the Authority or the approved tenant to assume initially, in whole or in part, the costs of maintenance, repair and improvements during the leasehold period.

In no case, however, shall the total rentals from any project during any initial leasehold period or the total loan repayments to be made pursuant to any loan agreement, be less than an amount necessary to return over such lease or loan period (1) all costs incurred in connection with the development, construction, acquisition or improvement of the project and for repair, maintenance and improvements thereto during the period of the lease or loan;

provided, however, that the rentals or loan repayments need not include costs met through the use of funds other than those obtained by the Authority through the issuance of its bonds or governmental loans;

(2) a reasonable percentage additive to be agreed upon by the Authority and the borrower or tenant to cover a properly allocable portion of the Authority's general expenses, SB0051 Enrolled - 21 - LRB096 03607 RCE 13635 b including, but not limited to, administrative expenses, salaries and general insurance, and (3) an amount sufficient to pay when due all principal of, interest and premium, if any on, any bonds issued by the Authority with respect to the project.

The portion of total rentals payable under clause (3) of this subsection (g) shall be deposited in such special accounts, including all sinking funds, acquisition or construction funds, debt service and other funds as provided by any resolution, mortgage or trust agreement of the Authority pursuant to which any bond is issued.

(h) The Authority has the power, upon the termination of any leasehold period of any project, to sell or lease for a further term or terms such project on such terms and conditions as the Authority shall deem reasonable and consistent with the purposes of the Act.

The net proceeds from all such sales and the revenues or income from such leases shall be used to satisfy any indebtedness of the Authority with respect to such project and any balance may be used to pay any expenses of the Authority or be used for the further development, construction, acquisition or improvement of projects.

In the event any project is vacated by a tenant prior to the termination of the initial leasehold period, the Authority shall sell or lease the facilities of the project on the most advantageous terms available.

The net proceeds of any such disposition shall be treated in the same manner as the proceeds from sales or the revenues or income from leases subsequent to the termination of SB0051 Enrolled - 22 - LRB096 03607 RCE 13635 b any initial leasehold period.

(i) The Authority shall have the power to make loans to persons to finance a project, to enter into loan agreements with respect thereto, and to accept guarantees from persons of its loans or the resultant evidences of obligations of the Authority.

(j) The Authority may fix, determine, charge and collect any premiums, fees, charges, costs and expenses, including, without limitation, any application fees, commitment fees, program fees, financing charges or publication fees from any person in connection with its activities under this Act.

(k) In addition to the funds established as provided herein, the Authority shall have the power to create and establish such reserve funds and accounts as may be necessary or desirable to accomplish its purposes under this Act and to deposit its available monies into the funds and accounts.

(l) At the request of the governing body of any unit of local government, the Authority is authorized to market such local government's revenue bond offerings by preparing bond issues for sale, advertising for sealed bids, receiving bids at its offices, making the award to the bidder that offers the most favorable terms or arranging for negotiated placements or underwritings of such securities.

The Authority may, at its discretion, offer for concurrent sale the revenue bonds of several local governments.

Sales by the Authority of revenue bonds under this Section shall in no way imply State guarantee SB0051 Enrolled - 23 - LRB096 03607 RCE 13635 b of such debt issue.

The Authority may require such financial information from participating local governments as it deems necessary in order to carry out the purposes of this subsection (1).

(m) The Authority may make grants to any county to which Division 5-37 of the Counties Code is applicable to assist in the financing of capital development, construction and renovation of new or existing facilities for hospitals and health care facilities under that Act.

Such grants may only be made from funds appropriated for such purposes from the Build Illinois Bond Fund.

(n) The Authority may establish an urban development action grant program for the purpose of assisting municipalities in Illinois which are experiencing severe economic distress to help stimulate economic development activities needed to aid in economic recovery.

The Authority shall determine the types of activities and projects for which the urban development action grants may be used, provided that such projects and activities are broadly defined to include all reasonable projects and activities the primary objectives of which are the development of viable urban communities, including decent housing and a suitable living environment, and expansion of economic opportunity, principally for persons of low and moderate incomes.

The Authority shall enter into grant agreements from monies appropriated for such purposes from the Build Illinois Bond Fund.

The Authority shall monitor the use of the grants, SB0051 Enrolled - 24 - LRB096 03607 RCE 13635 b and shall provide for audits of the funds as well as recovery by the Authority of any funds determined to have been spent in violation of this subsection (n) or any rule or regulation promulgated hereunder.

The Authority shall provide technical assistance with regard to the effective use of the urban development action grants.

The Authority shall file an annual report to the General Assembly concerning the progress of the grant program.

(o) The Authority may establish a Housing Partnership Program whereby the Authority provides zero-interest loans to municipalities for the purpose of assisting in the financing of projects for the rehabilitation of affordable multi-family housing for low and moderate income residents.

The Authority may provide such loans only upon a municipality's providing evidence that it has obtained private funding for the rehabilitation project.

The Authority shall provide 3 State dollars for every 7 dollars obtained by the municipality from sources other than the State of Illinois.

The loans shall be made from monies appropriated for such purpose from the Build Illinois Bond Fund.

The total amount of loans available under the Housing Partnership Program shall not exceed $30,000,000.

State loan monies under this subsection shall be used only for the acquisition and rehabilitation of existing buildings containing 4 or more dwelling units.

The terms of any loan made by the municipality under this subsection shall require repayment of the loan to the municipality upon any sale or SB0051 Enrolled - 25 - LRB096 03607 RCE 13635 b other transfer of the project.

(p) The Authority may award grants to universities and research institutions, research consortiums and other not-for-profit entities for the purposes of:

remodeling or otherwise physically altering existing laboratory or research facilities, expansion or physical additions to existing laboratory or research facilities, construction of new laboratory or research facilities or acquisition of modern equipment to support laboratory or research operations provided that such grants (i) be used solely in support of project and equipment acquisitions which enhance technology transfer, and (ii) not constitute more than 60 percent of the total project or acquisition cost.

(q) Grants may be awarded by the Authority to units of local government for the purpose of developing the appropriate infrastructure or defraying other costs to the local government in support of laboratory or research facilities provided that such grants may not exceed 40% of the cost to the unit of local government.

(r) The Authority may establish a Direct Loan Program to make loans to individuals, partnerships or corporations for the purpose of an industrial project, as defined in Section 801-10 of this Act.

For the purposes of such program and not by way of limitation on any other program of the Authority, the Authority shall have the power to issue bonds, notes, or other evidences of indebtedness including commercial paper for purposes of SB0051 Enrolled - 26 - LRB096 03607 RCE 13635 b providing a fund of capital from which it may make such loans.

The Authority shall have the power to use any appropriations from the State made especially for the Authority's Direct Loan Program for additional capital to make such loans or for the purposes of reserve funds or pledged funds which secure the Authority's obligations of repayment of any bond, note or other form of indebtedness established for the purpose of providing capital for which it intends to make such loans under the Direct Loan Program.

For the purpose of obtaining such capital, the Authority may also enter into agreements with financial institutions and other persons for the purpose of selling loans and developing a secondary market for such loans.

Loans made under the Direct Loan Program may be in an amount not to exceed $300,000 and shall be made for a portion of an industrial project which does not exceed 50% of the total project.

No loan may be made by the Authority unless approved by the affirmative vote of at least 8 members of the board.

The Authority shall establish procedures and publish rules which shall provide for the submission, review, and analysis of each direct loan application and which shall preserve the ability of each board member to reach an individual business judgment regarding the propriety of making each direct loan.

The collective discretion of the board to approve or disapprove each loan shall be unencumbered.

The Authority may establish and collect such fees and charges, determine and enforce such terms and conditions, and charge such interest rates as it determines to be necessary SB0051 Enrolled - 27 - LRB096 03607 RCE 13635 b and appropriate to the successful administration of the Direct Loan Program.

The Authority may require such interests in collateral and such guarantees as it determines are necessary to project the Authority's interest in the repayment of the principal and interest of each loan made under the Direct Loan Program.

(s) The Authority may guarantee private loans to third parties up to a specified dollar amount in order to promote economic development in this State.

(t) The Authority may adopt rules and regulations as may be necessary or advisable to implement the powers conferred by this Act.

(u) The Authority shall have the power to issue bonds, notes or other evidences of indebtedness, which may be used to make loans to units of local government which are authorized to enter into loan agreements and other documents and to issue bonds, notes and other evidences of indebtedness for the purpose of financing the protection of storm sewer outfalls, the construction of adequate storm sewer outfalls, and the provision for flood protection of sanitary sewage treatment plans, in counties that have established a stormwater management planning committee in accordance with Section 5-1062 of the Counties Code.

Any such loan shall be made by the Authority pursuant to the provisions of Section 820-5 to 820-60 of this Act.

The unit of local government shall pay back to the Authority the principal amount of the loan, plus annual SB0051 Enrolled - 28 - LRB096 03607 RCE 13635 b interest as determined by the Authority.

The Authority shall have the power, subject to appropriations by the General Assembly, to subsidize or buy down a portion of the interest on such loans, up to 4% per annum.

(v) The Authority may accept security interests as provided in Sections 11-3 and 11-3.3 of the Illinois Public Aid Code.

(w) Moral Obligation.

In the event that the Authority determines that monies of the Authority will not be sufficient for the payment of the principal of and interest on its bonds during the next State fiscal year, the Chairperson, as soon as practicable, shall certify to the Governor the amount required by the Authority to enable it to pay such principal of and interest on the bonds.

The Governor shall submit the amount so certified to the General Assembly as soon as practicable, but no later than the end of the current State fiscal year.

This subsection shall apply only to any bonds or notes as to which the Authority shall have determined, in the resolution authorizing the issuance of the bonds or notes, that this subsection shall apply.

Whenever the Authority makes such a determination, that fact shall be plainly stated on the face of the bonds or notes and that fact shall also be reported to the Governor.

In the event of a withdrawal of moneys from a reserve fund established with respect to any issue or issues of bonds of the Authority to pay principal or interest on those bonds, the Chairperson of the Authority, as soon as practicable, shall certify to the Governor the amount required to restore the SB0051 Enrolled - 29 - LRB096 03607 RCE 13635 b reserve fund to the level required in the resolution or indenture securing those bonds.

The Governor shall submit the amount so certified to the General Assembly as soon as practicable, but no later than the end of the current State fiscal year.

The Authority shall obtain written approval from the Governor for any bonds and notes to be issued under this Section.

In addition to any other bonds authorized to be issued under Sections 825-60, 825-65(e), 830-25 and 845-5, the principal amount of Authority bonds outstanding issued under this Section 801-40(w) or under 20 ILCS 3850/1-80 or 30 ILCS 360/2-6(c), which have been assumed by the Authority, shall not exceed $150,000,000.

This subsection (w) shall in no way be applied to any bonds issued by the Authority on behalf of the Illinois Power Agency under Section 825-90 of this Act.

(x) The Authority may enter into agreements or contracts with any person necessary or appropriate to place the payment obligations of the Authority under any of its bonds in whole or in part on any interest rate basis, cash flow basis, or other basis desired by the Authority, including without limitation agreements or contracts commonly known as "interest rate swap agreements", "forward payment conversion agreements", and "futures", or agreements or contracts to exchange cash flows or a series of payments, or agreements or contracts, including without limitation agreements or contracts commonly known as "options", "puts", or "calls", to hedge payment, rate spread, or similar exposure;

provided that any such agreement or SB0051 Enrolled - 30 - LRB096 03607 RCE 13635 b contract shall not constitute an obligation for borrowed money and shall not be taken into account under Section 845-5 of this Act or any other debt limit of the Authority or the State of Illinois.

(y) The Authority shall publish summaries of projects and actions approved by the members of the Authority on its website.

These summaries shall include, but not be limited to, information regarding the:

(1) project;

(2) Board's action or actions;

(3) purpose of the project;

(4) Authority's program and contribution;

(5) volume cap;

(6) jobs retained;

(7) projected new jobs;

(8) construction jobs created;

(9) estimated sources and uses of funds;

(10) financing summary;

(11) project summary;

(12) business summary;

(13) ownership or economic disclosure statement;

(14) professional and financial information;

(15) service area;

and (16) legislative district.

The disclosure of information pursuant to this subsection shall comply with the Freedom of Information Act.

SB0051 Enrolled - 31 - LRB096 03607 RCE 13635 b (Source:

P.A.

94-91, eff.

7-1-05;

95-470, eff.

8-27-07;

95-481, eff.

8-28-07;

95-876, eff.

8-21-08.) Section 95-30.

The Fiscal Control and Internal Auditing Act is amended by changing Sections 1003, 2001, and 2002 as follows:

(30 ILCS 10/1003) (from Ch.

15, par.

1003) Sec.

1003.

Definitions.

(a) "Designated State agencies" include the offices of the Secretary of State, the State Comptroller, the State Treasurer, and the Attorney General, the State Board of Education, the State colleges and universities, the Illinois Toll Highway Authority, the Illinois Housing Development Authority, the public retirement systems, the Illinois Student Assistance Commission, the Illinois Finance Authority, the Environmental Protection Agency, the Capital Development Board, the Department of Military Affairs, the State Fire Marshal, and each Department of State government created in Article 5, Section 5-15 of the Civil Administrative Code of Illinois and other State agencies designated by the Governor under Section 2001.

(b) "State agency" means that term as defined in the Illinois State Auditing Act, as now or hereafter amended, except the judicial branch which shall be covered by subsection (c) of Section 2001 and Section 3004 of this Act.

SB0051 Enrolled - 32 - LRB096 03607 RCE 13635 b (c) "Chief executive officer" includes, respectively, the Secretary of State, the State Comptroller, the State Treasurer, the Attorney General, the State Superintendent of Education, such chief executive officers as are designated by the governing board of each State college and university, the executive director of the Illinois Toll Highway Authority, and the executive director of the Illinois Housing Development Authority, as well as the chief executive officer of each designated other State agency.

(Source:

P.A.

86-936.) (30 ILCS 10/2001) (from Ch.

15, par.

2001) Sec.

2001.

Program of internal auditing.

(a) Each designated State agency as defined in Section 1003(a) shall maintain establish a full-time program of internal auditing.

In the event that a designated State agency is merged, abolished, reorganized, or renamed, the successor State agency shall also be a designated State agency.

The Governor shall designate State agencies under this Act not later than April 1 of each odd numbered year.

The designations shall be filed with the Index Division of the Office of the Secretary of State as a public record.

The Legislative Audit Commission may make formal recommendations to the Governor that the Governor designate other State agencies under this Act.

(a-5) Within 30 days after the effective date of this amendatory Act of the 96th General Assembly, each chief SB0051 Enrolled - 33 - LRB096 03607 RCE 13635 b internal auditor transferred under Executive Order 2003-10 to the Department of Central Management Services shall be transferred to the auditor's designated State agency, and if an auditor does not have a designated State agency or has more than one designated State agency, then the chief executive officer of a State agency shall appoint such person as the chief internal auditor of a State agency.

A chief internal auditor transferred under this amendatory Act of the 96th General Assembly shall be appointed to a 5-year term beginning on the effective date of this amendatory Act of the 96th General Assembly.

The rights of employees and of the State and its agencies under the Personnel Code and applicable collective bargaining agreements or under any pension retirement or annuity plan shall not be affected by this amendatory Act of the 96th General Assembly.

All books, records, papers, documents, property (real and personal), unexpended appropriations, and pending business pertaining to the functions transferred by this amendatory Act of the 96th General Assembly shall be delivered to the respective State agency pursuant to the direction of the chief executive officer of that State agency.

(b) The chief executive officer of a State agency is not relieved from the responsibility for maintaining an effective internal control system merely because that State agency is not designated and required to have a full-time program of internal SB0051 Enrolled - 34 - LRB096 03607 RCE 13635 b auditing under this Act.

Agencies which do not have full-time internal audit programs may have internal audits performed by the Department of Central Management Services.

(c) The Supreme Court will establish by its rulemaking authority or by administrative order a full-time program of internal auditing of State-funded activities of the judicial branch, which is consistent with the intent of this Article.

(Source:

P.A.

86-936.) (30 ILCS 10/2002) (from Ch.

15, par.

2002) Sec.

2002.

Qualifications of chief internal auditor.

(a) The chief executive officer of each designated State agency shall appoint a chief internal auditor with a bachelor's degree, who is either:

(1) a certified internal auditor by examination or a certified public accountant and who has at least 4 years of progressively responsible professional auditing experience;

or (2) an auditor with at least 5 years of progressively responsible professional auditing experience.

(b) The chief internal auditor shall report directly to the chief executive officer and shall have direct communications with the chief executive officer and the governing board, if applicable, in the exercise of auditing activities.

All chief internal auditors and all full-time members of an internal audit staff shall be free of all operational duties.

SB0051 Enrolled - 35 - LRB096 03607 RCE 13635 b (c) The chief internal auditor shall serve a 5-year term beginning on the date of the appointment.

A chief internal auditor may be removed only for cause after a hearing before the Executive Ethics Commission concerning the removal.

Any chief internal auditor who is appointed to replace a removed chief internal auditor may serve only until the expiration of the term of the removed chief internal auditor.

The annual salary of a chief internal auditor cannot be diminished during the term of the chief internal auditor.

(Source:

P.A.

86-936.) Section 95-35.

The Illinois Procurement Code is amended by changing Sections 1-15.15, 1-15.30, 1-15.70, 1-15.80, 5-5, 5-25, 10-5, 10-10, 10-15, 15-25, 15-30, 20-10, 20-25, 20-30, 20-50, 20-60, 20-65, 20-70, 20-75, 20-80, 20-155, 20-160, 40-25, 50-5, 50-10, 50-10.5, 50-11, 50-12, 50-14, 50-14.5, 50-20, 50-30, 50-35, 50-37, 50-60, 50-65, 50-70, and 53-10 and by adding Sections 1-15.107, 10-20, 10-25, 20-43, 20-120, 50-2, 50-21, 50-38, and 50-39 as follows:

(30 ILCS 500/1-15.15) Sec.

1-15.15.

Chief Procurement Officer.

"Chief Procurement Officer" means any of the 4 persons appointed by a majority of the members of the Executive Ethics Commission for:

(1) for procurements for construction and construction-related services committed by law to the SB0051 Enrolled - 36 - LRB096 03607 RCE 13635 b jurisdiction or responsibility of the Capital Development Board, the executive director of the Capital Development Board.

(2) for procurements for all construction, construction-related services, operation of any facility, and the provision of any service or activity committed by law to the jurisdiction or responsibility of the Illinois Department of Transportation, including the direct or reimbursable expenditure of all federal funds for which the Department of Transportation is responsible or accountable for the use thereof in accordance with federal law, regulation, or procedure, the Secretary of Transportation.

(3) for all procurements made by a public institution of higher education, a representative designated by the Governor.

(4) (Blank).

for all procurements made by the Illinois Power Agency, the Director of the Illinois Power Agency.

(5) for all other procurements, the Director of the Department of Central Management Services.

(Source:

P.A.

95-481, eff.

8-28-07.) (30 ILCS 500/1-15.30) Sec.

1-15.30.

Contract.

"Contract" means all types of State agreements, including change orders and renewals, regardless of what they may be called, for the procurement, use, or disposal of supplies, services, professional or artistic services, or construction or for leases of real property, whether the State is lessor or lessee, or capital improvements, SB0051 Enrolled - 37 - LRB096 03607 RCE 13635 b and including master contracts, contracts for financing through use of installment or lease-purchase arrangements, renegotiated contracts, amendments to contracts, and change orders.

(Source:

P.A.

90-572, eff.

2-6-98.) (30 ILCS 500/1-15.70) Sec.

1-15.70.

Purchasing agency.

"Purchasing agency" means a State agency that enters into a contract at the direction of a State purchasing officer authorized by a chief procurement officer or a chief procurement officer.

"Purchasing agency" means a State agency that is authorized by this Code, by its implementing rules, or by authorized delegation of a chief procurement officer to enter into contracts.

(Source:

P.A.

90-572, eff.

2-6-98.) (30 ILCS 500/1-15.80) Sec.

1-15.80.

Responsible bidder or offeror.

"Responsible bidder or offeror" means a person who has the capability in all respects to perform fully the contract requirements and the integrity and reliability that will assure good faith performance.

A responsible bidder or offeror shall not include a business or other entity that does not exist as a legal entity at the time a bid or proposal is submitted for a State contract.

(Source:

P.A.

90-572, eff.

2-6-98.) SB0051 Enrolled - 38 - LRB096 03607 RCE 13635 b (30 ILCS 500/1-15.107 new) Sec.

1-15.107.

Subcontract.

"Subcontract" means a contract between a person and a person who has or is seeking a contract subject to this Code, pursuant to which the subcontractor provides to the contractor or another subcontractor some or all of the goods, services, property, remuneration, or other forms of consideration that are the subject of the primary contract and includes, among other things, subleases from a lessee of a State agency.

(30 ILCS 500/5-5) Sec.

5-5.

Procurement Policy Board.

(a) Creation.

There is created a Procurement Policy Board, an agency of the State of Illinois.

(b) Authority and duties.

The Board shall have the authority and responsibility to review, comment upon, and recommend, consistent with this Code, rules and practices governing the procurement, management, control, and disposal of supplies, services, professional or artistic services, construction, and real property and capital improvement leases procured by the State.

The Board shall also have the authority to recommend a program for professional development and provide opportunities for training in procurement practices and policies to chief procurement officers and their staffs in order to ensure that all procurement is conducted in an SB0051 Enrolled - 39 - LRB096 03607 RCE 13635 b efficient, professional, and appropriately transparent manner.

Upon a three-fifths vote of its members, the Board may review a contract.

Upon a three-fifths vote of its members, the Board may propose procurement rules for consideration by chief procurement officers.

These proposals shall be published in each volume of the Procurement Bulletin.

Except as otherwise provided by law, the Board shall act upon the vote of a majority of its members who have been appointed and are serving.

(b-5) Reviews, studies, and hearings.

The Board may review, study, and hold public hearings concerning the implementation and administration of this Code.

Each chief procurement officer, associate procurement officer, State purchasing officer, procurement compliance monitor, and State agency shall cooperate with the Board, provide information to the Board, and be responsive to the Board in the Board's conduct of its reviews, studies, and hearings.

(c) Members.

The Board shall consist of 5 members appointed one each by the 4 legislative leaders and the Governor.

Each member shall have demonstrated sufficient business or professional experience in the area of procurement to perform the functions of the Board.

No member may be a member of the General Assembly.

(d) Terms.

Of the initial appointees, the Governor shall designate one member, as Chairman, to serve a one-year term, the President of the Senate and the Speaker of the House shall SB0051 Enrolled - 40 - LRB096 03607 RCE 13635 b each appoint one member to serve 3-year terms, and the Minority Leader of the House and the Minority Leader of the Senate shall each appoint one member to serve 2-year terms.

Subsequent terms shall be 4 years.

Members may be reappointed for succeeding terms.

(e) Reimbursement.

Members shall receive no compensation but shall be reimbursed for any expenses reasonably incurred in the performance of their duties.

(f) Staff support.

Upon a three-fifths vote of its members, the Board may employ an executive director.

Subject to appropriation, the Board also may employ a reasonable and necessary number of staff persons.

(g) Meetings.

Meetings of the Board may be conducted telephonically, electronically, or through the use of other telecommunications.

Written minutes of such meetings shall be created and available for public inspection and copying.

(h) Procurement recommendations.

Upon a three-fifths vote of its members, the Board may review a proposal, bid, or contract and issue a recommendation to void a contract or reject a proposal or bid based on any violation of this Code or the existence of a conflict of interest as described in subsections (b) and (d) of Section 50-35.

A chief procurement officer or State purchasing officer shall notify the Board if a conflict of interest is identified, discovered, or reasonably suspected to exist.

Any person or entity may notify the Board of a conflict of interest.

A recommendation of the Board shall SB0051 Enrolled - 41 - LRB096 03607 RCE 13635 b be delivered to the appropriate chief procurement officer and Executive Ethics Commission within 5 days and must be published in the next volume of the Procurement Bulletin.

(i) The Board shall refer any alleged violations of this Code to the Executive Inspector General in addition to or instead of issuing a recommendation to void a contract.

(Source:

P.A.

93-839, eff.

7-30-04.) (30 ILCS 500/5-25) Sec.

5-25.

Rulemaking authority;

agency policy;

agency response.

(a) Rulemaking.

A chief procurement officer State agency authorized to make procurements under this Code shall have the authority to promulgate rules to carry out that authority.

That rulemaking on specific procurement topics is mentioned in specific Sections of this Code shall not be construed as prohibiting or limiting rulemaking on other procurement topics.

All rules shall be promulgated in accordance with the Illinois Administrative Procedure Act.

Contractual provisions, specifications, and procurement descriptions are not rules and are not subject to the Illinois Administrative Procedure Act.

All rules other than those promulgated by the Board shall be presented in writing to the Board and the Executive Procurement Officer for its review and comment.

The Board and the Executive Procurement Officer shall express their its opinions and SB0051 Enrolled - 42 - LRB096 03607 RCE 13635 b recommendations in writing.

The Both the proposed rules and Board recommendations shall be made available for public review.

The rules shall also be approved by the applicable chief procurement officer and the Joint Committee on Administrative Rules.

(b) Policy.

Each chief procurement officer, associate procurement officer, and State agency shall promptly notify the Procurement Policy Board in writing of any proposed new procurement rule or policy or any proposed change in an existing procurement rule or policy.

(c) Response.

Each State agency must respond promptly in writing to all inquiries and comments of the Procurement Policy Board or Executive Procurement Officer.

(Source:

P.A.

93-839, eff.

7-30-04.) (30 ILCS 500/10-5) Sec.

10-5.

Exercise of procurement authority.

The chief procurement officer shall exercise all procurement authority created by this Code.

The State purchasing officers appointed under this Code shall exercise procurement authority at the direction of their respective chief procurement officer.

Decisions of a State purchasing officer are subject to review by the respective chief procurement officer.

The State purchasing officers shall be appointed by their respective chief procurement officer and approved by the director of each State agency.

The State purchasing officer of each State agency SB0051 Enrolled - 43 - LRB096 03607 RCE 13635 b shall exercise the procurement authority created by this Code except as otherwise provided in this Code.

(Source:

P.A.

90-572, eff.

date - See Sec.

99-5.) (30 ILCS 500/10-10) Sec.

10-10.

Independent State purchasing officers General appointments.

(a) The chief procurement officer shall appoint and the director of each State agency shall approve a State purchasing officer for each agency that the chief procurement officer is responsible for under Section 1-15.15.

A State purchasing officer shall be located in the State agency that the officer serves but shall report to his or her respective chief procurement officer.

The State purchasing officer shall have direct communication with agency staff assigned to assist with any procurement process.

At the direction of his or her respective chief procurement officer, a State purchasing officer shall enter into contracts for a purchasing agency.

All actions of a State purchasing officer are subject to review by a chief procurement officer in accordance with procedures and policies established by the chief procurement officer.

(b) In addition to any other requirement or qualification required by State law, within 18 months after appointment, a State purchasing officer must be a Certified Professional Public Buyer or a Certified Public Purchasing Officer, pursuant to certification by the Universal Public Purchasing SB0051 Enrolled - 44 - LRB096 03607 RCE 13635 b Certification Council.

A State purchasing officer shall serve a term of 5 years beginning on the date of the officer's appointment.

A State purchasing officer shall have an office located in the State agency that the officer serves but shall report to the chief procurement officer.

A State purchasing officer may be removed by a chief procurement officer for cause after a hearing by the Executive Ethics Commission.

The chief procurement officer or executive officer of the State agency housing the State purchasing officer may institute a complaint against the State purchasing officer by filing such a complaint with the Commission and the Commission shall have a public hearing based on the complaint.

The State purchasing officer, chief procurement officer, and executive officer of the State agency shall receive notice of the hearing and shall be permitted to present their respective arguments on the complaint.

After the hearing, the Commission shall make a non-binding recommendation on whether the State purchasing officer shall be removed to exercise within his or her jurisdiction the procurement authority created by this Code.

The salary of a State purchasing officer shall be established by the chief procurement officer and may not be diminished during the officer's term.

In the absence of an appointed and approved State purchasing officer, the applicable chief procurement officer shall exercise the procurement authority created by this Code and may appoint a temporary acting State purchasing officer.

SB0051 Enrolled - 45 - LRB096 03607 RCE 13635 b (Source:

P.A.

90-572, eff.

date - See Sec.

99-5.) (30 ILCS 500/10-15) Sec.

10-15.

Procurement compliance monitors Associate Procurement Officers.

(a) The Executive Ethics Commission shall appoint procurement compliance monitors to oversee and review the procurement processes.

Each procurement compliance monitor shall serve a term of 5 years beginning on the date of the officer's appointment.

Each procurement compliance monitor shall have an office located in the State agency that the monitor serves but shall report to the appropriate chief procurement officer.

The compliance monitor shall have direct communications with the executive officer of a State agency in exercising duties.

A procurement compliance monitor may be removed only for cause after a hearing by the Executive Ethics Commission.

The appropriate chief procurement officer or executive officer of the State agency housing the procurement compliance monitor may institute a complaint against the procurement compliance monitor with the Commission and the Commission shall hold a public hearing based on the complaint.

The procurement compliance monitor, State purchasing officer, appropriate chief procurement officer, and executive officer of the State agency shall receive notice of the hearing and shall be permitted to present their respective arguments on the complaint.

After the hearing, the Commission shall determine SB0051 Enrolled - 46 - LRB096 03607 RCE 13635 b whether the procurement compliance monitor shall be removed.

The salary of a procurement compliance monitor shall be established by the Executive Ethics Commission and may not be diminished during the officer's term.

(b) The procurement compliance monitor may:

(i) review each contract or contract amendment prior to execution to ensure that applicable procurement and contracting standards were followed;

(ii) attend any procurement meetings;

(iii) access any records or files related to procurement;

(iv) issue reports to the chief procurement officer on procurement issues that present issues or that have not been corrected after consultation with appropriate State officials;

(v) ensure the State agency is maintaining appropriate records;

and (vi) ensure transparency of the procurement process.

(c) If the procurement compliance monitor is aware of misconduct, waste, or inefficiency with respect to State procurement, the procurement compliance monitor shall advise the State agency of the issue.

If the State agency does not correct the issue, the monitor shall report the problem to the chief procurement officer and Inspector General.

The Governor, with the consent of the statutory chief procurement officers, may for proper and effective administration of this Code appoint associate procurement officers.

All associate procurement officers shall be submitted to the Senate for advice and consent.

For the purposes of this Code, duly appointed associate procurement officers shall function in all SB0051 Enrolled - 47 - LRB096 03607 RCE 13635 b respects as chief procurement officers.

Associate procurement officers shall serve at the pleasure of the Governor.

(Source:

P.A.

90-572, eff.

date - See Sec.

99-5.) (30 ILCS 500/10-20 new) Sec.

10-20.

Independent chief procurement officers.

(a) Appointment.

Within 60 days after the effective date of this amendatory Act of the 96th General Assembly, the Executive Ethics Commission, with the advice and consent of the Senate shall appoint 4 chief procurement officers, one for each of the following categories:

(1) for procurements for construction and construction-related services committed by law to the jurisdiction or responsibility of the Capital Development Board;

(2) for procurements for all construction, construction-related services, operation of any facility, and the provision of any service or activity committed by law to the jurisdiction or responsibility of the Illinois Department of Transportation, including the direct or reimbursable expenditure of all federal funds for which the Department of Transportation is responsible or accountable for the use thereof in accordance with federal law, regulation, or procedure;

(3) for all procurements made by a public institution of higher education;

and SB0051 Enrolled - 48 - LRB096 03607 RCE 13635 b (4) for all other procurement needs of State agencies.

A chief procurement officer shall be responsible to the Executive Ethics Commission but must be located within the agency that the officer provides with procurement services.

The chief procurement officer for higher education shall have an office located within the Board of Higher Education, unless otherwise designated by the Executive Ethics Commission.

The chief procurement officer for all other procurement needs of the State shall have an office located within the Department of Central Management Services, unless otherwise designated by the Executive Ethics Commission.

(b) Terms and independence.

Each chief procurement officer appointed under this Section shall serve for a term of 5 years beginning on the date of the officer's appointment.

The chief procurement officer may be removed for cause after a hearing by the Executive Ethics Commission.

The Governor or the director of a State agency directly responsible to the Governor may institute a complaint against the officer by filing such complaint with the Commission.

The Commission shall have a hearing based on the complaint.

The officer and the complainant shall receive reasonable notice of the hearing and shall be permitted to present their respective arguments on the complaint.

After the hearing, the Commission shall make a finding on the complaint and may take disciplinary action, including but not limited to removal of the officer.

The salary of a chief procurement officer shall be SB0051 Enrolled - 49 - LRB096 03607 RCE 13635 b established by the Executive Ethics Commission and may not be diminished during the officer's term.

The salary may not exceed the salary of the director of a State agency for which the officer serves as chief procurement officer.

(c) Qualifications.

In addition to any other requirement or qualification required by State law, each chief procurement officer must within 12 months of employment be a Certified Professional Public Buyer or a Certified Public Purchasing Officer, pursuant to certification by the Universal Public Purchasing Certification Council, and must reside in Illinois.

(d) Fiduciary duty.

Each chief procurement officer owes a fiduciary duty to the State.

(30 ILCS 500/10-25 new) Sec.

10-25.

Executive Procurement Officer.

There is hereby created, under the supervision of the Office of the Governor, an Executive Procurement Office, headed by an Executive Procurement Officer, who shall be appointed by the Governor.

The Executive Procurement Officer shall have the following powers and duties:

(1) To recommend policies and procedures to ensure consistency between the chief procurement officers and their staffs, provided that each chief procurement officer shall have final and exclusive authority over particular procurement decisions.

(2) To assist chief procurement officers in the SB0051 Enrolled - 50 - LRB096 03607 RCE 13635 b development of and revision of policies that decisions on procurement related matters remain free from political or other inappropriate extrinsic influence.

(3) To provide guidance to all chief procurement officers and their staffs on how to ensure that all State procurement is conducted in a manner that is appropriately responsive to and sensitive to the needs of vendors and the business community in general through the development of technologically sophisticated, efficient, and innovative methodologies for managing procurement processes.

(4) Respecting the authority of the chief procurement officers over procurement in their respective areas, to assist with the implementation of policies mandated through statute or executive order that promote diversity among State contractors, including, but not limited to, the implementation of the Business Enterprise and Disadvantaged Business Enterprise Program.

The Executive Procurement Officer's compensation shall be established by the Governor and paid from appropriations made to the Office of the Governor.

This Section is repealed the second Monday of January 2011.

(30 ILCS 500/15-25) Sec.

15-25.

Bulletin content.

(a) Invitations for bids.

Notice of each and every contract that is offered, including renegotiated contracts and change SB0051 Enrolled - 51 - LRB096 03607 RCE 13635 b orders, shall be published in the Bulletin.

The applicable chief procurement officer may provide by rule an organized format for the publication of this information, but in any case it must include at least the date first offered, the date submission of offers is due, the location that offers are to be submitted to, the purchasing State agency, the responsible State purchasing officer, a brief purchase description, the method of source selection, information of how to obtain a comprehensive purchase description and any disclosure and contract forms, and encouragement to prospective vendors to hire qualified veterans, as defined by Section 45-67 of this Code, and Illinois residents discharged from any Illinois adult correctional center.

(b) Contracts let or awarded.

Notice of each and every contract that is let or awarded, including renegotiated contracts and change orders, shall be published in the next available subsequent Bulletin, and the applicable chief procurement officer may provide by rule an organized format for the publication of this information, but in any case it must include at least all of the information specified in subsection (a), as well as the name of the successful responsible bidder or offeror, the contract price, the number of unsuccessful responsive bidders, the information required in subsection (g) of Section 20-10 if applicable, and any other disclosure specified in any Section of this Code.

This notice must be posted in the online electronic Bulletin no later than 10 SB0051 Enrolled - 52 - LRB096 03607 RCE 13635 b business days after the contract is awarded prior to execution of the contract.

(c) Emergency purchase disclosure.

Any chief procurement officer or, State purchasing officer, or designee exercising emergency purchase authority under this Code shall publish a written description and reasons and the total cost, if known, or an estimate if unknown and the name of the responsible chief procurement officer and State purchasing officer, and the business or person contracted with for all emergency purchases in the next timely, practicable Bulletin.

This notice must be posted in the online electronic Bulletin no later than 3 within 3 business days after the execution of the contract is awarded.

Notice of a hearing to extend an emergency contract must be posted in the online electronic Procurement Bulletin no later than 5 business days prior to the hearing.

(c-5) Business Enterprise Program report.

Each purchasing agency shall post in the online electronic Bulletin a copy of its annual report of utilization of businesses owned by minorities, females, and persons with disabilities as submitted to the Business Enterprise Council for Minorities, Females, and Persons with Disabilities pursuant to Section 6(c) of the Business Enterprise for Minorities, Females, and Persons with Disabilities Act within 10 business days after its submission of its report to the Council.

(c-10) Renewals.

Notice of each contract renewal shall be posted in the online electronic Bulletin within 10 business SB0051 Enrolled - 53 - LRB096 03607 RCE 13635 b days of the determination to renew the contract and the next available subsequent Bulletin.

The notice shall include at least all of the information required in subsection (b).

(c-15) Sole source procurements.

Before entering into a sole source contract, a chief procurement officer exercising sole source procurement authority under this Code shall publish a written description of intent to enter into a sole source contract along with a description of the item to be procured and the intended sole source contractor.

This notice must be posted in the online electronic Procurement Bulletin before a sole source contract is awarded and at least 14 days before the hearing required by Section 20-25.

(d) Other required disclosure.

The applicable chief procurement officer shall provide by rule for the organized publication of all other disclosure required in other Sections of this Code in a timely manner.

(e) The changes to subsections (b), (c), (c-5), (c-10), and (c-15) of this Section made by this amendatory Act of the 96th General Assembly apply to reports submitted, offers made, and notices on contracts executed on or after its effective date.

(Source:

P.A.

94-1067, eff.

8-1-06;

95-536, eff.

1-1-08.) (30 ILCS 500/15-30) Sec.

15-30.

Electronic Bulletin clearinghouse.

(a) The Procurement Policy Board shall maintain on its official website a searchable database containing all SB0051 Enrolled - 54 - LRB096 03607 RCE 13635 b information required to be included in the Illinois Procurement Bulletin under subsections (b), and (c), (c-10), and (c-15) of Section 15-25 and all information required to be disclosed under Section 50-41.

The posting of procurement information on the website is subject to the same posting requirements as the online electronic Bulletin.

(b) For the purposes of this Section, searchable means searchable and sortable by successful responsible bidder or offeror or, for emergency purchases, business or person contracted with;

the contract price or total cost;

the service or good;

the purchasing State agency;

and the date first offered or announced.

(c) The Department of Central Management Services, the Capital Development Board, the Department of Transportation, and the higher education chief procurement officer shall provide the Procurement Policy Board the information and resources necessary, and in a manner, to effectuate the purpose of this Section.

(Source:

P.A.

95-536, eff.

1-1-08.) (30 ILCS 500/20-10) Sec.

20-10.

Competitive sealed bidding.

(a) Conditions for use.

All contracts shall be awarded by competitive sealed bidding except as otherwise provided in Section 20-5.

(b) Invitation for bids.

An invitation for bids shall be SB0051 Enrolled - 55 - LRB096 03607 RCE 13635 b issued and shall include a purchase description and the material contractual terms and conditions applicable to the procurement.

(c) Public notice.

Public notice of the invitation for bids shall be published in the Illinois Procurement Bulletin at least 14 days before the date set in the invitation for the opening of bids.

(d) Bid opening.

Bids shall be opened publicly in the presence of one or more witnesses at the time and place designated in the invitation for bids.

The name of each bidder, the amount of each bid, and other relevant information as may be specified by rule shall be recorded.

After the award of the contract, the winning bid and the record of each unsuccessful bid shall be open to public inspection.

(e) Bid acceptance and bid evaluation.

Bids shall be unconditionally accepted without alteration or correction, except as authorized in this Code.