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Article 1 - General Provisions

      (30 ILCS 500/Art. 1 heading)ARTICLE 1 GENERAL PROVISIONS

(30 ILCS 500/1‑1)     Sec. 1‑1. Short title. This Act may be cited as the Illinois Procurement Code. (Source: P.A. 90‑572, eff. date ‑ See Sec. 99‑5.)

(30 ILCS 500/1‑5)     Sec. 1‑5. Public policy. It is the purpose of this Code and is declared to be the policy of the State that the principles of competitive bidding and economical procurement practices shall be applicable to all purchases and contracts by or for any State agency. (Source: P.A. 90‑572, eff. date ‑ See Sec. 99‑5.)

    (30 ILCS 500/1‑10)
    Sec. 1‑10. Application.
    (a) This Code applies only to procurements for which contractors were first solicited on or after July 1, 1998. This Code shall not be construed to affect or impair any contract, or any provision of a contract, entered into based on a solicitation prior to the implementation date of this Code as described in Article 99, including but not limited to any covenant entered into with respect to any revenue bonds or similar instruments. All procurements for which contracts are solicited between the effective date of Articles 50 and 99 and July 1, 1998 shall be substantially in accordance with this Code and its intent.
    (b) This Code shall apply regardless of the source of the funds with which the contracts are paid, including federal assistance moneys. This Code shall not apply to:
        (1) Contracts between the State and its political

subdivisions or other governments, or between State governmental bodies except as specifically provided in this Code.

(2) Grants, except for the filing requirements of

Section 20‑80.

(3) Purchase of care.         (4) Hiring of an individual as employee and not as an

independent contractor, whether pursuant to an employment code or policy or by contract directly with that individual.

(5) Collective bargaining contracts.         (6) Purchase of real estate, except that notice of

this type of contract with a value of more than $25,000 must be published in the Procurement Bulletin within 7 days after the deed is recorded in the county of jurisdiction. The notice shall identify the real estate purchased, the names of all parties to the contract, the value of the contract, and the effective date of the contract.

(7) Contracts necessary to prepare for anticipated

litigation, enforcement actions, or investigations, provided that the chief legal counsel to the Governor shall give his or her prior approval when the procuring agency is one subject to the jurisdiction of the Governor, and provided that the chief legal counsel of any other procuring entity subject to this Code shall give his or her prior approval when the procuring entity is not one subject to the jurisdiction of the Governor.

(8) Contracts for services to Northern Illinois

University by a person, acting as an independent contractor, who is qualified by education, experience, and technical ability and is selected by negotiation for the purpose of providing non‑credit educational service activities or products by means of specialized programs offered by the university.

(9) Procurement expenditures by the Illinois

Conservation Foundation when only private funds are used.

(10) Procurement expenditures by the Illinois Health

Information Exchange Authority involving private funds from the Health Information Exchange Fund. "Private funds" means gifts, donations, and private grants.

(c) This Code does not apply to the electric power procurement process provided for under Section 1‑75 of the Illinois Power Agency Act and Section 16‑111.5 of the Public Utilities Act.     (d) Except for Section 20‑160 and Article 50 of this Code, and as expressly required by Section 9.1 of the Illinois Lottery Law, the provisions of this Code do not apply to the procurement process provided for under Section 9.1 of the Illinois Lottery Law. (Source: P.A. 95‑481, eff. 8‑28‑07; 95‑615, eff. 9‑11‑07; 95‑876, eff. 8‑21‑08; 96‑840, eff. 12‑23‑09; 96‑1331, eff. 7‑27‑10.)

    (30 ILCS 500/1‑11)
    Sec. 1‑11. Applicability of certain Public Acts. The changes made to this Code by Public Act 96‑793, Public Act 96‑795, and this amendatory Act of the 96th General Assembly apply to those procurements for which contractors were first solicited on or after July 1, 2010.
(Source: P.A. 96‑920, eff. 7‑1‑10.)

(30 ILCS 500/1‑15)     Sec. 1‑15. Definitions. For the purposes of this Code, the words set forth in the following Sections of this Article have the meanings set forth in those Sections. (Source: P.A. 90‑572, eff. 2‑6‑98.)

    (30 ILCS 500/1‑15.03)
    (Section scheduled to be repealed on July 1, 2010)
    Sec. 1‑15.03. Associate Procurement Officers. "Associate Procurement Officers" means those persons appointed as provided in Section 10‑15.
(Source: P.A. 90‑572, eff. 2‑6‑98. Repealed by P.A. 96‑795, eff. 7‑1‑10.)

(30 ILCS 500/1‑15.05)     Sec. 1‑15.05. Board. "Board" means the Procurement Policy Board. (Source: P.A. 90‑572, eff. 2‑6‑98.)

(30 ILCS 500/1‑15.10)     Sec. 1‑15.10. Business. "Business" means any corporation, partnership, individual, sole proprietorship, joint stock company, joint venture, or other private legal entity. (Source: P.A. 90‑572, eff. 2‑6‑98.)

    (30 ILCS 500/1‑15.15)
    Sec. 1‑15.15. Chief Procurement Officer. "Chief Procurement Officer" means any of the 4 persons appointed or approved by a majority of the members of the Executive Ethics Commission:
        (1) for procurements for construction and

construction‑related services committed by law to the jurisdiction or responsibility of the Capital Development Board, the independent chief procurement officer appointed by a majority of the members of the Executive Ethics Commission.

(2) for procurements for all construction,

construction‑related services, operation of any facility, and the provision of any construction or construction‑related service or activity committed by law to the jurisdiction or responsibility of the Illinois Department of Transportation, including the direct or reimbursable expenditure of all federal funds for which the Department of Transportation is responsible or accountable for the use thereof in accordance with federal law, regulation, or procedure, the independent chief procurement officer appointed by the Secretary of Transportation with the consent of the majority of the members of the Executive Ethics Commission.

(3) for all procurements made by a public institution

of higher education, the independent chief procurement officer appointed by a majority of the members of the Executive Ethics Commission.

(4) (Blank).         (5) for all other procurements, the independent chief

procurement officer appointed by a majority of the members of the Executive Ethics Commission.

(Source: P.A. 95‑481, eff. 8‑28‑07; 96‑795, eff. 7‑1‑10 (see Section 5 of P.A. 96‑793 for the effective date of changes made by P.A. 96‑795); 96‑920, eff. 7‑1‑10.)

(30 ILCS 500/1‑15.20)     Sec. 1‑15.20. Construction and construction‑related services. "Construction" means building, altering, repairing, improving, or demolishing any public structure or building, or making improvements of any kind to public real property. Construction does not include the routine operation, routine repair, or routine maintenance of existing structures, buildings, or real property.     "Construction‑related services" means those services including construction design, layout, inspection, support, feasibility or location study, research, development, planning, or other investigative study undertaken by a construction agency concerning construction or potential construction. (Source: P.A. 90‑572, eff. 2‑6‑98.)

    (30 ILCS 500/1‑15.25)
    Sec. 1‑15.25. Construction agency. "Construction agency" means the Capital Development Board for construction or remodeling of State‑owned facilities; the Illinois Department of Transportation for construction or maintenance of roads, highways, bridges, and airports; the Illinois Toll Highway Authority for construction or maintenance of toll highways; the Illinois Power Agency for construction, maintenance, and expansion of Agency‑owned facilities, as defined in Section 1‑10 of the Illinois Power Agency Act; and any other State agency entering into construction contracts as authorized by law or by delegation from the chief procurement officer.
(Source: P.A. 95‑481, eff. 8‑28‑07.)

    (30 ILCS 500/1‑15.30)
    (Text of Section before amendment by P.A. 96‑795)
    Sec. 1‑15.30. Contract. "Contract" means all types of State agreements, regardless of what they may be called, for the procurement, use, or disposal of supplies, services, professional or artistic services, or construction or for leases of real property or capital improvements, and including master contracts, contracts for financing through use of installment or lease‑purchase arrangements, renegotiated contracts, and change orders.
(Source: P.A. 90‑572, eff. 2‑6‑98.)
 
    (Text of Section after amendment by P.A. 96‑795)
    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, 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. 96‑795, eff. 7‑1‑10 (see Section 5 of P.A. 96‑793 for the effective date of changes made by P.A. 96‑795).)

(30 ILCS 500/1‑15.35)     Sec. 1‑15.35. Cost‑reimbursement contract. "Cost‑reimbursement contract" means a contract under which a contractor is reimbursed for costs that are allowable and allocable in accordance with the contract terms and the provisions of this Code, and a fee, if any. (Source: P.A. 90‑572, eff. 2‑6‑98.)

(30 ILCS 500/1‑15.42)     Sec. 1‑15.42. Grant. "Grant" means the furnishing by the State of assistance, whether financial or otherwise, to any person to support a program authorized by law. It does not include an award the primary purpose of which is to procure an end product for the direct benefit or use of the State agency making the grant, whether in the form of goods, services, or construction. A contract that results from such an award is not a grant and is subject to this Code. (Source: P.A. 90‑572, eff. 2‑6‑98.)

(30 ILCS 500/1‑15.45)     Sec. 1‑15.45. Invitation for bids. "Invitation for bids" means the process by which a purchasing agency requests information from bidders, including all documents, whether attached or incorporated by reference, used for soliciting bids. (Source: P.A. 90‑572, eff. 2‑6‑98.)

(30 ILCS 500/1‑15.50)     Sec. 1‑15.50. Negotiation. "Negotiation" means the process of selecting a contractor other than by competitive sealed bids, multi‑step sealed bidding, or competitive sealed proposals, whereby a purchasing agency can establish any and all terms and conditions of a procurement contract by discussion with one or more prospective contractors. (Source: P.A. 90‑572, eff. 2‑6‑98.)

(30 ILCS 500/1‑15.55)     Sec. 1‑15.55. Person. "Person" means any business, public or private corporation, partnership, individual, union, committee, club, unincorporated association or other organization or group of individuals, or other legal entity. (Source: P.A. 90‑572, eff. 2‑6‑98.)

(30 ILCS 500/1‑15.60)     Sec. 1‑15.60. Professional and artistic services. "Professional and artistic services" means those services provided under contract to a State agency by a person or business, acting as an independent contractor, qualified by education, experience, and technical ability. (Source: P.A. 90‑572, eff. 2‑6‑98.)

(30 ILCS 500/1‑15.65)     Sec. 1‑15.65. Purchase description. "Purchase description" means the words used in a solicitation to describe the supplies, services, professional or artistic services, or construction to be procured or real property or capital improvements to be leased and includes specifications attached to or made a part of the solicitation. (Source: P.A. 90‑572, eff. 2‑6‑98.)

(30 ILCS 500/1‑15.68)     Sec. 1‑15.68. Purchase of care. "Purchase of care" means a contract with a person for the furnishing of medical, educational, psychiatric, vocational, rehabilitative, social, or human services directly to a recipient of a State aid program. (Source: P.A. 90‑572, eff. 2‑6‑98.)

    (30 ILCS 500/1‑15.70)
    (Text of Section before amendment by P.A. 96‑795)
    Sec. 1‑15.70. Purchasing agency. "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.)
 
    (Text of Section after amendment by P.A. 96‑795)
    Sec. 1‑15.70. Purchasing agency. "Purchasing agency" means a State agency that enters into a contract at the direction of a State purchasing officer authorized by a chief procurement officer or a chief procurement officer.
(Source: P.A. 96‑795, eff. 7‑1‑10 (see Section 5 of P.A. 96‑793 for the effective date of changes made by P.A. 96‑795).)

(30 ILCS 500/1‑15.75)     Sec. 1‑15.75. Request for proposals. "Request for proposals" means the process by which a purchasing agency requests information from offerors, including all documents, whether attached or incorporated by reference, used for soliciting proposals. (Source: P.A. 90‑572, eff. 2‑6‑98.)

    (30 ILCS 500/1‑15.80)
    (Text of Section before amendment by P.A. 96‑795)
    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.
(Source: P.A. 90‑572, eff. 2‑6‑98.)
 
    (Text of Section after amendment by P.A. 96‑795)
    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. 96‑795, eff. 7‑1‑10 (see Section 5 of P.A. 96‑793 for the effective date of changes made by P.A. 96‑795).)

(30 ILCS 500/1‑15.85)     Sec. 1‑15.85. Responsive bidder. "Responsive bidder" means a person who has submitted a bid that conforms in all material respects to the invitation for bids. (Source: P.A. 90‑572, eff. 2‑6‑98.)

(30 ILCS 500/1‑15.90)     Sec. 1‑15.90. Services. "Services" means the furnishing of labor, time, or effort by a contractor, not involving the delivery of a specific end product other than reports or supplies that are incidental to the required performance. (Source: P.A. 90‑572, eff. 2‑6‑98.)

(30 ILCS 500/1‑15.95)     Sec. 1‑15.95. Specifications. "Specifications" means any description, provision, or requirement pertaining to the physical or functional characteristics or of the nature of a supply, service, or other item to be procured under a contract. Specifications may include a description of any requirement for inspecting, testing, or preparing a supply, service, professional or artistic service, construction, or other item for delivery. (Source: P.A. 90‑572, eff. 2‑6‑98.)

(30 ILCS 500/1‑15.100)     Sec. 1‑15.100. State agency. "State agency" means and includes all boards, commissions, agencies, institutions, authorities, and bodies politic and corporate of the State, created by or in accordance with the constitution or statute, of the executive branch of State government and does include colleges, universities, and institutions under the jurisdiction of the governing boards of the University of Illinois, Southern Illinois University, Illinois State University, Eastern Illinois University, Northern Illinois University, Western Illinois University, Chicago State University, Governor State University, Northeastern Illinois University, and the Board of Higher Education. However, this term does not apply to public employee retirement systems or investment boards that are subject to fiduciary duties imposed by the Illinois Pension Code or to the University of Illinois Foundation. "State agency" does not include units of local government, school districts, community colleges under the Public Community College Act, and the Illinois Comprehensive Health Insurance Board. (Source: P.A. 90‑572, eff. 2‑6‑98.)

(30 ILCS 500/1‑15.105)     Sec. 1‑15.105. State purchasing officer. "State purchasing officer" means a person appointed by any of the chief procurement officers to exercise the procurement authority created by this Code or by rule. (Source: P.A. 90‑572, eff. 2‑6‑98.)

    (30 ILCS 500/1‑15.107)
    (This Section may contain text from a Public Act with a delayed effective date)
    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.
(Source: P.A. 96‑795, eff. 7‑1‑10 (see Section 5 of P.A. 96‑793 for the effective date of P.A. 96‑795).)

    (30 ILCS 500/1‑15.108)
    Sec. 1‑15.108. Subcontractor. "Subcontractor" means a person or entity that enters into a contractual agreement with a total value of $25,000 or more with a person or entity who has or is seeking a contract subject to this Code pursuant to which the person or entity provides some or all of the goods, services, property, remuneration, or other forms of consideration that are the subject of the primary State contract, including subleases from a lessee of a State contract.
(Source: P.A. 96‑920, eff. 7‑1‑10.)

(30 ILCS 500/1‑15.110)     Sec. 1‑15.110. Supplies. "Supplies" means all personal property, including but not limited to equipment, materials, printing, and insurance, and the financing of those supplies. (Source: P.A. 90‑572, eff. 2‑6‑98.)

(30 ILCS 500/1‑15.115)     Sec. 1‑15.115. Using agency. "Using agency" means a State agency that uses items procured under this Code. (Source: P.A. 90‑572, eff. 2‑6‑98.)

(30 ILCS 500/1‑25)     Sec. 1‑25. Property rights. No person shall have any right to a specific contract with the State unless that person has a contract that has been signed by an officer or employee of the purchasing agency with appropriate signature authority. The State shall be under no obligation to issue an award or execute a contract. (Source: P.A. 90‑572, eff. date ‑ See Sec. 99‑5.)

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