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SB2997 - 104th General Assembly

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB2997

Introduced 1/27/2026, by Sen. Mike Porfirio

SYNOPSIS AS INTRODUCED:

30 ILCS 500/1-10
30 ILCS 500/1-15.15
30 ILCS 500/1-15.72 new
30 ILCS 500/10-20
30 ILCS 525/2

from Ch. 85, par. 1602

Amends the Illinois Procurement Code. Provides that the Code does not
apply to contracts arising from a grant award if the contract is with a
partner whose specific experience and expertise was used as a condition of
securing the grant and followed the selection provisions outlined in the
grant application. Provides that the chief procurement officer appointed
by the Secretary of Transportation is the chief procurement officer for
procurements related to construction support and the purchase of rolling
stock under the jurisdiction of the Department of Transportation. Amends
the Governmental Joint Purchasing Act. Provides for the use of joint
purchasing for contracts procured by agencies of other states.
LRB104 19986 HLH 33437 b

A BILL FOR

SB2997
LRB104 19986 HLH 33437 b
1

AN ACT concerning finance.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 5.
The Illinois Procurement Code is amended by
5
changing Sections 1-10, 1-15.15, and 10-20 and by adding
6
Section 1-15.72 as follows:

7

(30 ILCS 500/1-10)
8

(Text of Section before amendment by P.A. 104-458
)
9

Sec. 1-10.
Application.
10

(a) This Code applies only to procurements for which
11
bidders, offerors, potential contractors, or contractors were
12
first solicited on or after July 1, 1998. This Code shall not
13
be construed to affect or impair any contract, or any
14
provision of a contract, entered into based on a solicitation
15
prior to the implementation date of this Code as described in
16
Article 99, including, but not limited to, any covenant
17
entered into with respect to any revenue bonds or similar
18
instruments. All procurements for which contracts are
19
solicited between the effective date of Articles 50 and 99 and
20
July 1, 1998 shall be substantially in accordance with this
21
Code and its intent.
22

(b) This Code shall apply regardless of the source of the
23
funds with which the contracts are paid, including federal

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1
assistance moneys. This Code shall not apply to:
2

(1) Contracts between the State and its political
3

subdivisions or other governments, or between State
4

governmental bodies, except as specifically provided in
5

this Code.
6

(2) Grants, except for the filing requirements of
7

Section 20-80.
8

(2.5) Contracts arising from a grant award if the
9

contract is with a partner whose specific experience and
10

expertise was used as a condition of securing the grant
11

and followed the selection provisions outlined in the
12

grant application.

13

(3) Purchase of care, except as provided in Section
14

5-30.6 of the Illinois Public Aid Code and this Section.
15

(4) Hiring of an individual as an employee and not as
16

an independent contractor, whether pursuant to an
17

employment code or policy or by contract directly with
18

that individual.
19

(5) Collective bargaining contracts.
20

(6) Purchase of real estate, except that notice of
21

this type of contract with a value of more than $25,000
22

must be published in the Procurement Bulletin within 10
23

calendar days after the deed is recorded in the county of
24

jurisdiction. The notice shall identify the real estate
25

purchased, the names of all parties to the contract, the
26

value of the contract, and the effective date of the

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1

contract.
2

(7) Contracts necessary to prepare for anticipated
3

litigation, enforcement actions, or investigations,
4

provided that the chief legal counsel to the Governor
5

shall give his or her prior approval when the procuring
6

agency is one subject to the jurisdiction of the Governor,
7

and provided that the chief legal counsel of any other
8

procuring entity subject to this Code shall give his or
9

her prior approval when the procuring entity is not one
10

subject to the jurisdiction of the Governor.
11

(8) (Blank).
12

(9) Procurement expenditures by the Illinois
13

Conservation Foundation when only private funds are used.
14

(10) (Blank).
15

(11) Public-private agreements entered into according
16

to the procurement requirements of Section 20 of the
17

Public-Private Partnerships for Transportation Act and
18

design-build agreements entered into according to the
19

procurement requirements of Section 25 of the
20

Public-Private Partnerships for Transportation Act.
21

(12) (A) Contracts for legal, financial, and other
22

professional and artistic services entered into by the
23

Illinois Finance Authority in which the State of Illinois
24

is not obligated. Such contracts shall be awarded through
25

a competitive process authorized by the members of the
26

Illinois Finance Authority and are subject to Sections

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5-30, 20-160, 50-13, 50-20, 50-35, and 50-37 of this Code,
2

as well as the final approval by the members of the
3

Illinois Finance Authority of the terms of the contract.
4

(B) Contracts for legal and financial services entered
5

into by the Illinois Housing Development Authority in
6

connection with the issuance of bonds in which the State
7

of Illinois is not obligated. Such contracts shall be
8

awarded through a competitive process authorized by the
9

members of the Illinois Housing Development Authority and
10

are subject to Sections 5-30, 20-160, 50-13, 50-20, 50-35,
11

and 50-37 of this Code, as well as the final approval by
12

the members of the Illinois Housing Development Authority
13

of the terms of the contract.
14

(13) Contracts for services, commodities, and
15

equipment to support the delivery of timely forensic
16

science services in consultation with and subject to the
17

approval of the Chief Procurement Officer as provided in
18

subsection (d) of Section 5-4-3a of the Unified Code of
19

Corrections, except for the requirements of Sections
20

20-60, 20-65, 20-70, and 20-160 and Article 50 of this
21

Code; however, the Chief Procurement Officer may, in
22

writing with justification, waive any certification
23

required under Article 50 of this Code. For any contracts
24

for services which are currently provided by members of a
25

collective bargaining agreement, the applicable terms of
26

the collective bargaining agreement concerning

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LRB104 19986 HLH 33437 b
1

subcontracting shall be followed.
2

On and after January 1, 2019, this paragraph (13),
3

except for this sentence, is inoperative.
4

(14) Contracts for participation expenditures required
5

by a domestic or international trade show or exhibition of
6

an exhibitor, member, or sponsor.
7

(15) Contracts with a railroad or utility that
8

requires the State to reimburse the railroad or utilities
9

for the relocation of utilities for construction or other
10

public purpose. Contracts included within this paragraph
11

(15) shall include, but not be limited to, those
12

associated with: relocations, crossings, installations,
13

and maintenance. For the purposes of this paragraph (15),
14

"railroad" means any form of non-highway ground
15

transportation that runs on rails or electromagnetic
16

guideways and "utility" means: (1) public utilities as
17

defined in Section 3-105 of the Public Utilities Act, (2)
18

telecommunications carriers as defined in Section 13-202
19

of the Public Utilities Act, (3) electric cooperatives as
20

defined in Section 3.4 of the Electric Supplier Act, (4)
21

telephone or telecommunications cooperatives as defined in
22

Section 13-212 of the Public Utilities Act, (5) rural
23

water or
wastewater

waste water
systems with 10,000
24

connections or less, (6) a holder as defined in Section
25

21-201 of the Public Utilities Act, and (7) municipalities
26

owning or operating utility systems consisting of public

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utilities as that term is defined in Section 11-117-2 of
2

the Illinois Municipal Code.
3

(16) Procurement expenditures necessary for the
4

Department of Public Health to provide the delivery of
5

timely newborn screening services in accordance with the
6

Newborn Metabolic Screening Act.
7

(17) Procurement expenditures necessary for the
8

Department of Agriculture, the Department of Financial and
9

Professional Regulation, the Department of Human Services,
10

and the Department of Public Health to implement the
11

Compassionate Use of Medical Cannabis Program and Opioid
12

Alternative Pilot Program requirements and ensure access
13

to medical cannabis for patients with debilitating medical
14

conditions in accordance with the Compassionate Use of
15

Medical Cannabis Program Act.
16

(18) This Code does not apply to any procurements
17

necessary for the Department of Agriculture, the
18

Department of Financial and Professional Regulation, the
19

Department of Human Services, the Department of Commerce
20

and Economic Opportunity, and the Department of Public
21

Health to implement the Cannabis Regulation and Tax Act if
22

the applicable agency has made a good faith determination
23

that it is necessary and appropriate for the expenditure
24

to fall within this exemption and if the process is
25

conducted in a manner substantially in accordance with the
26

requirements of Sections 20-160, 25-60, 30-22, 50-5,

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50-10, 50-10.5, 50-12, 50-13, 50-15, 50-20, 50-21, 50-35,
2

50-36, 50-37, 50-38, and 50-50 of this Code; however, for
3

Section 50-35, compliance applies only to contracts or
4

subcontracts over $100,000. Notice of each contract
5

entered into under this paragraph (18) that is related to
6

the procurement of goods and services identified in
7

paragraph (1) through (9) of this subsection shall be
8

published in the Procurement Bulletin within 14 calendar
9

days after contract execution. The Chief Procurement
10

Officer shall prescribe the form and content of the
11

notice. Each agency shall provide the Chief Procurement
12

Officer, on a monthly basis, in the form and content
13

prescribed by the Chief Procurement Officer, a report of
14

contracts that are related to the procurement of goods and
15

services identified in this subsection. At a minimum, this
16

report shall include the name of the contractor, a
17

description of the supply or service provided, the total
18

amount of the contract, the term of the contract, and the
19

exception to this Code utilized. A copy of any or all of
20

these contracts shall be made available to the Chief
21

Procurement Officer immediately upon request. The Chief
22

Procurement Officer shall submit a report to the Governor
23

and General Assembly no later than November 1 of each year
24

that includes, at a minimum, an annual summary of the
25

monthly information reported to the Chief Procurement
26

Officer. This exemption becomes inoperative 5 years after

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June 25, 2019 (the effective date of Public Act 101-27).
2

(19) Acquisition of modifications or adjustments,
3

limited to assistive technology devices and assistive
4

technology services, adaptive equipment, repairs, and
5

replacement parts to provide reasonable accommodations (i)
6

that enable a qualified applicant with a disability to
7

complete the job application process and be considered for
8

the position such qualified applicant desires, (ii) that
9

modify or adjust the work environment to enable a
10

qualified current employee with a disability to perform
11

the essential functions of the position held by that
12

employee, (iii) to enable a qualified current employee
13

with a disability to enjoy equal benefits and privileges
14

of employment as are enjoyed by other similarly situated
15

employees without disabilities, and (iv) that allow a
16

customer, client, claimant, or member of the public
17

seeking State services full use and enjoyment of and
18

access to its programs, services, or benefits.
19

For purposes of this paragraph (19):
20

"Assistive technology devices" means any item, piece
21

of equipment, or product system, whether acquired
22

commercially off the shelf, modified, or customized, that
23

is used to increase, maintain, or improve functional
24

capabilities of individuals with disabilities.
25

"Assistive technology services" means any service that
26

directly assists an individual with a disability in

SB2997
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LRB104 19986 HLH 33437 b
1

selection, acquisition, or use of an assistive technology
2

device.
3

"Qualified" has the same meaning and use as provided
4

under the federal Americans with Disabilities Act when
5

describing an individual with a disability.
6

(20) Procurement expenditures necessary for the
7

Illinois Commerce Commission to hire third-party
8

facilitators pursuant to Sections 16-105.17 and 16-108.18
9

of the Public Utilities Act or an ombudsman pursuant to
10

Section 16-107.5 of the Public Utilities Act, a
11

facilitator pursuant to Section 16-105.17 of the Public
12

Utilities Act, or a grid auditor pursuant to Section
13

16-105.10 of the Public Utilities Act.
14

(21) Procurement expenditures for the purchase,
15

renewal, and expansion of software, software licenses, or
16

software maintenance agreements that support the efforts
17

of the Illinois State Police to enforce, regulate, and
18

administer the Firearm Owners Identification Card Act, the
19

Firearm Concealed Carry Act, the Firearms Restraining
20

Order Act, the Firearm Dealer License Certification Act,
21

the Law Enforcement Agencies Data System (LEADS), the
22

Uniform Crime Reporting Act, the Criminal Identification
23

Act, the Illinois Uniform Conviction Information Act, and
24

the Gun Trafficking Information Act, or establish or
25

maintain record management systems necessary to conduct
26

human trafficking investigations or gun trafficking or

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1

other stolen firearm investigations. This paragraph (21)
2

applies to contracts entered into on or after January 10,
3

2023 (the effective date of Public Act 102-1116) and the
4

renewal of contracts that are in effect on January 10,
5

2023 (the effective date of Public Act 102-1116).
6

(22) Contracts for project management services and
7

system integration services required for the completion of
8

the State's enterprise resource planning project. This
9

exemption becomes inoperative 5 years after June 7, 2023
10

(the effective date of the changes made to this Section by
11

Public Act 103-8). This paragraph (22) applies to
12

contracts entered into on or after June 7, 2023 (the
13

effective date of the changes made to this Section by
14

Public Act 103-8) and the renewal of contracts that are in
15

effect on June 7, 2023 (the effective date of the changes
16

made to this Section by Public Act 103-8).
17

(23) Procurements necessary for the Department of
18

Insurance to implement the Illinois Health Benefits
19

Exchange Law if the Department of Insurance has made a
20

good faith determination that it is necessary and
21

appropriate for the expenditure to fall within this
22

exemption. The procurement process shall be conducted in a
23

manner substantially in accordance with the requirements
24

of Sections 20-160 and 25-60 and Article 50 of this Code. A
25

copy of these contracts shall be made available to the
26

Chief Procurement Officer immediately upon request. This

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1

paragraph is inoperative 5 years after June 27, 2023 (the
2

effective date of Public Act 103-103).
3

(24) Contracts for public education programming,
4

noncommercial sustaining announcements, public service
5

announcements, and public awareness and education
6

messaging with the nonprofit trade associations of the
7

providers of those services that inform the public on
8

immediate and ongoing health and safety risks and hazards.
9

(25) Procurements necessary for the Department of
10

Early Childhood to implement the Department of Early
11

Childhood Act if the Department has made a good faith
12

determination that it is necessary and appropriate for the
13

expenditure to fall within this exemption. This exemption
14

shall only be used for products and services procured
15

solely for use by the Department of Early Childhood. The
16

procurements may include those necessary to design and
17

build integrated, operational systems of programs and
18

services. The procurements may include, but are not
19

limited to, those necessary to align and update program
20

standards, integrate funding systems, design and establish
21

data and reporting systems, align and update models for
22

technical assistance and professional development, design
23

systems to manage grants and ensure compliance, design and
24

implement management and operational structures, and
25

establish new means of engaging with families, educators,
26

providers, and stakeholders. The procurement processes

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1

shall be conducted in a manner substantially in accordance
2

with the requirements of Article 50 (ethics) and Sections
3

5-5 (Procurement Policy Board), 5-7 (Commission on Equity
4

and Inclusion), 20-80 (contract files), 20-120
5

(subcontractors), 20-155 (paperwork), 20-160
6

(ethics/campaign contribution prohibitions), 25-60
7

(prevailing wage), and 25-90 (prohibited and authorized
8

cybersecurity) of this Code. Beginning January 1, 2025,
9

the Department of Early Childhood shall provide a
10

quarterly report to the General Assembly detailing a list
11

of expenditures and contracts for which the Department
12

uses this exemption. This paragraph is inoperative on and
13

after July 1, 2027.
14

(26) Procurements that are necessary for increasing
15

the recruitment and retention of State employees,
16

particularly minority candidates for employment,
17

including:
18

(A) procurements related to registration fees for
19

job fairs and other outreach and recruitment events;
20

(B) production of recruitment materials; and
21

(C) other services related to recruitment and
22

retention of State employees.
23

The exemption under this paragraph (26) applies only
24

if the State agency has made a good faith determination
25

that it is necessary and appropriate for the expenditure
26

to fall within this paragraph (26). The procurement

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1

process under this paragraph (26) shall be conducted in a
2

manner substantially in accordance with the requirements
3

of Sections 20-160 and 25-60 and Article 50 of this Code. A
4

copy of these contracts shall be made available to the
5

Chief Procurement Officer immediately upon request.
6

Nothing in this paragraph (26) authorizes the replacement
7

or diminishment of State responsibilities in hiring or the
8

positions that effectuate that hiring. This paragraph (26)
9

is inoperative on and after June 30, 2029.
10

(27) Procurements necessary for the Department of
11

Healthcare and Family Services to implement changes to the
12

State's Integrated Eligibility System to ensure the
13

system's compliance with federal implementation mandates
14

and deadlines, if the Department of Healthcare and Family
15

Services has made a good faith determination that it is
16

necessary and appropriate for the procurement to fall
17

within this exemption.
18

Notwithstanding any other provision of law, for contracts
19
with an annual value of more than $100,000 entered into on or
20
after October 1, 2017 under an exemption provided in any
21
paragraph of this subsection (b), except paragraph (1), (2),
22
or (5), each State agency shall post to the appropriate
23
procurement bulletin the name of the contractor, a description
24
of the supply or service provided, the total amount of the
25
contract, the term of the contract, and the exception to the
26
Code utilized. The chief procurement officer shall submit a

SB2997
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LRB104 19986 HLH 33437 b
1
report to the Governor and General Assembly no later than
2
November 1 of each year that shall include, at a minimum, an
3
annual summary of the monthly information reported to the
4
chief procurement officer.
5

(c) This Code does not apply to the electric power
6
procurement process provided for under Section 1-75 of the
7
Illinois Power Agency Act and Section 16-111.5 of the Public
8
Utilities Act. This Code does not apply to the procurement of
9
technical and policy experts pursuant to Section 1-129 of the
10
Illinois Power Agency Act.
11

(d) Except for Section 20-160 and Article 50 of this Code,
12
and as expressly required by Section 9.1 of the Illinois
13
Lottery Law, the provisions of this Code do not apply to the
14
procurement process provided for under Section 9.1 of the
15
Illinois Lottery Law.
16

(e) This Code does not apply to the process used by the
17
Capital Development Board to retain a person or entity to
18
assist the Capital Development Board with its duties related
19
to the determination of costs of a clean coal SNG brownfield
20
facility, as defined by Section 1-10 of the Illinois Power
21
Agency Act, as required in subsection (h-3) of Section 9-220
22
of the Public Utilities Act, including calculating the range
23
of capital costs, the range of operating and maintenance
24
costs, or the sequestration costs or monitoring the
25
construction of clean coal SNG brownfield facility for the
26
full duration of construction.

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1

(f) (Blank).
2

(g) (Blank).
3

(h) This Code does not apply to the process to procure or
4
contracts entered into in accordance with Sections 11-5.2 and
5
11-5.3 of the Illinois Public Aid Code.
6

(i) Each chief procurement officer may access records
7
necessary to review whether a contract, purchase, or other
8
expenditure is or is not subject to the provisions of this
9
Code, unless such records would be subject to attorney-client
10
privilege.
11

(j) This Code does not apply to the process used by the
12
Capital Development Board to retain an artist or work or works
13
of art as required in Section 14 of the Capital Development
14
Board Act.
15

(k) This Code does not apply to the process to procure
16
contracts, or contracts entered into, by the State Board of
17
Elections or the State Electoral Board for hearing officers
18
appointed pursuant to the Election Code.
19

(l) This Code does not apply to the processes used by the
20
Illinois Student Assistance Commission to procure supplies and
21
services paid for from the private funds of the Illinois
22
Prepaid Tuition Fund. As used in this subsection (l), "private
23
funds" means funds derived from deposits paid into the
24
Illinois Prepaid Tuition Trust Fund and the earnings thereon.
25

(m) This Code shall apply regardless of the source of
26
funds with which contracts are paid, including federal

SB2997
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LRB104 19986 HLH 33437 b
1
assistance moneys. Except as specifically provided in this
2
Code, this Code shall not apply to procurement expenditures
3
necessary for the Department of Public Health to conduct the
4
Healthy Illinois Survey in accordance with Section 2310-431 of
5
the Department of Public Health Powers and Duties Law of the
6
Civil Administrative Code of Illinois.
7
(Source: P.A. 103-8, eff. 6-7-23; 103-103, eff. 6-27-23;
8
103-570, eff. 1-1-24; 103-580, eff. 12-8-23; 103-594, eff.
9
6-25-24; 103-605, eff. 7-1-24; 103-865, eff. 1-1-25; 104-2,
10
eff. 6-16-25; 104-417, eff. 8-15-25)

11

(Text of Section after amendment by P.A. 104-458
)
12

Sec. 1-10.
Application.
13

(a) This Code applies only to procurements for which
14
bidders, offerors, potential contractors, or contractors were
15
first solicited on or after July 1, 1998. This Code shall not
16
be construed to affect or impair any contract, or any
17
provision of a contract, entered into based on a solicitation
18
prior to the implementation date of this Code as described in
19
Article 99, including, but not limited to, any covenant
20
entered into with respect to any revenue bonds or similar
21
instruments. All procurements for which contracts are
22
solicited between the effective date of Articles 50 and 99 and
23
July 1, 1998 shall be substantially in accordance with this
24
Code and its intent.
25

(b) This Code shall apply regardless of the source of the

SB2997
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LRB104 19986 HLH 33437 b
1
funds with which the contracts are paid, including federal
2
assistance moneys. This Code shall not apply to:
3

(1) Contracts between the State and its political
4

subdivisions or other governments, or between State
5

governmental bodies, except as specifically provided in
6

this Code.
7

(2) Grants, except for the filing requirements of
8

Section 20-80.
9

(2.5) Contracts arising from a grant award if the
10

contract is with a partner whose specific experience and
11

expertise was used as a condition of securing the grant
12

and followed the selection provisions outlined in the
13

grant application.

14

(3) Purchase of care, except as provided in Section
15

5-30.6 of the Illinois Public Aid Code and this Section.
16

(4) Hiring of an individual as an employee and not as
17

an independent contractor, whether pursuant to an
18

employment code or policy or by contract directly with
19

that individual.
20

(5) Collective bargaining contracts.
21

(6) Purchase of real estate, except that notice of
22

this type of contract with a value of more than $25,000
23

must be published in the Procurement Bulletin within 10
24

calendar days after the deed is recorded in the county of
25

jurisdiction. The notice shall identify the real estate
26

purchased, the names of all parties to the contract, the

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value of the contract, and the effective date of the
2

contract.
3

(7) Contracts necessary to prepare for anticipated
4

litigation, enforcement actions, or investigations,
5

provided that the chief legal counsel to the Governor
6

shall give his or her prior approval when the procuring
7

agency is one subject to the jurisdiction of the Governor,
8

and provided that the chief legal counsel of any other
9

procuring entity subject to this Code shall give his or
10

her prior approval when the procuring entity is not one
11

subject to the jurisdiction of the Governor.
12

(8) (Blank).
13

(9) Procurement expenditures by the Illinois
14

Conservation Foundation when only private funds are used.
15

(10) (Blank).
16

(11) Public-private agreements entered into according
17

to the procurement requirements of Section 20 of the
18

Public-Private Partnerships for Transportation Act and
19

design-build agreements entered into according to the
20

procurement requirements of Section 25 of the
21

Public-Private Partnerships for Transportation Act.
22

(12) (A) Contracts for legal, financial, and other
23

professional and artistic services entered into by the
24

Illinois Finance Authority in which the State of Illinois
25

is not obligated. Such contracts shall be awarded through
26

a competitive process authorized by the members of the

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Illinois Finance Authority and are subject to Sections
2

5-30, 20-160, 50-13, 50-20, 50-35, and 50-37 of this Code,
3

as well as the final approval by the members of the
4

Illinois Finance Authority of the terms of the contract.
5

(B) Contracts for legal and financial services entered
6

into by the Illinois Housing Development Authority in
7

connection with the issuance of bonds in which the State
8

of Illinois is not obligated. Such contracts shall be
9

awarded through a competitive process authorized by the
10

members of the Illinois Housing Development Authority and
11

are subject to Sections 5-30, 20-160, 50-13, 50-20, 50-35,
12

and 50-37 of this Code, as well as the final approval by
13

the members of the Illinois Housing Development Authority
14

of the terms of the contract.
15

(13) Contracts for services, commodities, and
16

equipment to support the delivery of timely forensic
17

science services in consultation with and subject to the
18

approval of the Chief Procurement Officer as provided in
19

subsection (d) of Section 5-4-3a of the Unified Code of
20

Corrections, except for the requirements of Sections
21

20-60, 20-65, 20-70, and 20-160 and Article 50 of this
22

Code; however, the Chief Procurement Officer may, in
23

writing with justification, waive any certification
24

required under Article 50 of this Code. For any contracts
25

for services which are currently provided by members of a
26

collective bargaining agreement, the applicable terms of

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the collective bargaining agreement concerning
2

subcontracting shall be followed.
3

On and after January 1, 2019, this paragraph (13),
4

except for this sentence, is inoperative.
5

(14) Contracts for participation expenditures required
6

by a domestic or international trade show or exhibition of
7

an exhibitor, member, or sponsor.
8

(15) Contracts with a railroad or utility that
9

requires the State to reimburse the railroad or utilities
10

for the relocation of utilities for construction or other
11

public purpose. Contracts included within this paragraph
12

(15) shall include, but not be limited to, those
13

associated with: relocations, crossings, installations,
14

and maintenance. For the purposes of this paragraph (15),
15

"railroad" means any form of non-highway ground
16

transportation that runs on rails or electromagnetic
17

guideways and "utility" means: (1) public utilities as
18

defined in Section 3-105 of the Public Utilities Act, (2)
19

telecommunications carriers as defined in Section 13-202
20

of the Public Utilities Act, (3) electric cooperatives as
21

defined in Section 3.4 of the Electric Supplier Act, (4)
22

telephone or telecommunications cooperatives as defined in
23

Section 13-212 of the Public Utilities Act, (5) rural
24

water or
wastewater

waste water
systems with 10,000
25

connections or less, (6) a holder as defined in Section
26

21-201 of the Public Utilities Act, and (7) municipalities

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owning or operating utility systems consisting of public
2

utilities as that term is defined in Section 11-117-2 of
3

the Illinois Municipal Code.
4

(16) Procurement expenditures necessary for the
5

Department of Public Health to provide the delivery of
6

timely newborn screening services in accordance with the
7

Newborn Metabolic Screening Act.
8

(17) Procurement expenditures necessary for the
9

Department of Agriculture, the Department of Financial and
10

Professional Regulation, the Department of Human Services,
11

and the Department of Public Health to implement the
12

Compassionate Use of Medical Cannabis Program and Opioid
13

Alternative Pilot Program requirements and ensure access
14

to medical cannabis for patients with debilitating medical
15

conditions in accordance with the Compassionate Use of
16

Medical Cannabis Program Act.
17

(18) This Code does not apply to any procurements
18

necessary for the Department of Agriculture, the
19

Department of Financial and Professional Regulation, the
20

Department of Human Services, the Department of Commerce
21

and Economic Opportunity, and the Department of Public
22

Health to implement the Cannabis Regulation and Tax Act if
23

the applicable agency has made a good faith determination
24

that it is necessary and appropriate for the expenditure
25

to fall within this exemption and if the process is
26

conducted in a manner substantially in accordance with the

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requirements of Sections 20-160, 25-60, 30-22, 50-5,
2

50-10, 50-10.5, 50-12, 50-13, 50-15, 50-20, 50-21, 50-35,
3

50-36, 50-37, 50-38, and 50-50 of this Code; however, for
4

Section 50-35, compliance applies only to contracts or
5

subcontracts over $100,000. Notice of each contract
6

entered into under this paragraph (18) that is related to
7

the procurement of goods and services identified in
8

paragraph (1) through (9) of this subsection shall be
9

published in the Procurement Bulletin within 14 calendar
10

days after contract execution. The Chief Procurement
11

Officer shall prescribe the form and content of the
12

notice. Each agency shall provide the Chief Procurement
13

Officer, on a monthly basis, in the form and content
14

prescribed by the Chief Procurement Officer, a report of
15

contracts that are related to the procurement of goods and
16

services identified in this subsection. At a minimum, this
17

report shall include the name of the contractor, a
18

description of the supply or service provided, the total
19

amount of the contract, the term of the contract, and the
20

exception to this Code utilized. A copy of any or all of
21

these contracts shall be made available to the Chief
22

Procurement Officer immediately upon request. The Chief
23

Procurement Officer shall submit a report to the Governor
24

and General Assembly no later than November 1 of each year
25

that includes, at a minimum, an annual summary of the
26

monthly information reported to the Chief Procurement

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Officer. This exemption becomes inoperative 5 years after
2

June 25, 2019 (the effective date of Public Act 101-27).
3

(19) Acquisition of modifications or adjustments,
4

limited to assistive technology devices and assistive
5

technology services, adaptive equipment, repairs, and
6

replacement parts to provide reasonable accommodations (i)
7

that enable a qualified applicant with a disability to
8

complete the job application process and be considered for
9

the position such qualified applicant desires, (ii) that
10

modify or adjust the work environment to enable a
11

qualified current employee with a disability to perform
12

the essential functions of the position held by that
13

employee, (iii) to enable a qualified current employee
14

with a disability to enjoy equal benefits and privileges
15

of employment as are enjoyed by other similarly situated
16

employees without disabilities, and (iv) that allow a
17

customer, client, claimant, or member of the public
18

seeking State services full use and enjoyment of and
19

access to its programs, services, or benefits.
20

For purposes of this paragraph (19):
21

"Assistive technology devices" means any item, piece
22

of equipment, or product system, whether acquired
23

commercially off the shelf, modified, or customized, that
24

is used to increase, maintain, or improve functional
25

capabilities of individuals with disabilities.
26

"Assistive technology services" means any service that

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directly assists an individual with a disability in
2

selection, acquisition, or use of an assistive technology
3

device.
4

"Qualified" has the same meaning and use as provided
5

under the federal Americans with Disabilities Act when
6

describing an individual with a disability.
7

(20) Procurement expenditures necessary for the
8

Illinois Commerce Commission to hire third-party
9

facilitators pursuant to Sections 16-105.17 and 16-108.18
10

of the Public Utilities Act or an ombudsman pursuant to
11

Section 16-107.5 of the Public Utilities Act, a
12

facilitator pursuant to Section 16-105.17 of the Public
13

Utilities Act, a grid auditor pursuant to Section
14

16-105.10 of the Public Utilities Act, a facilitator,
15

expert, or consultant pursuant to Sections 16-126.2 and
16

16-202 of the Public Utilities Act, a procurement monitor
17

pursuant to Section 16-111.5 of the Public Utilities Act,
18

an ombudsperson pursuant to Section 20-145 of the Public
19

Utilities Act, or consultants and experts pursuant to
20

Section 5-15 of the Utility Data Access Act.
21

(21) Procurement expenditures for the purchase,
22

renewal, and expansion of software, software licenses, or
23

software maintenance agreements that support the efforts
24

of the Illinois State Police to enforce, regulate, and
25

administer the Firearm Owners Identification Card Act, the
26

Firearm Concealed Carry Act, the Firearms Restraining

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Order Act, the Firearm Dealer License Certification Act,
2

the Law Enforcement Agencies Data System (LEADS), the
3

Uniform Crime Reporting Act, the Criminal Identification
4

Act, the Illinois Uniform Conviction Information Act, and
5

the Gun Trafficking Information Act, or establish or
6

maintain record management systems necessary to conduct
7

human trafficking investigations or gun trafficking or
8

other stolen firearm investigations. This paragraph (21)
9

applies to contracts entered into on or after January 10,
10

2023 (the effective date of Public Act 102-1116) and the
11

renewal of contracts that are in effect on January 10,
12

2023 (the effective date of Public Act 102-1116).
13

(22) Contracts for project management services and
14

system integration services required for the completion of
15

the State's enterprise resource planning project. This
16

exemption becomes inoperative 5 years after June 7, 2023
17

(the effective date of the changes made to this Section by
18

Public Act 103-8). This paragraph (22) applies to
19

contracts entered into on or after June 7, 2023 (the
20

effective date of the changes made to this Section by
21

Public Act 103-8) and the renewal of contracts that are in
22

effect on June 7, 2023 (the effective date of the changes
23

made to this Section by Public Act 103-8).
24

(23) Procurements necessary for the Department of
25

Insurance to implement the Illinois Health Benefits
26

Exchange Law if the Department of Insurance has made a

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1

good faith determination that it is necessary and
2

appropriate for the expenditure to fall within this
3

exemption. The procurement process shall be conducted in a
4

manner substantially in accordance with the requirements
5

of Sections 20-160 and 25-60 and Article 50 of this Code. A
6

copy of these contracts shall be made available to the
7

Chief Procurement Officer immediately upon request. This
8

paragraph is inoperative 5 years after June 27, 2023 (the
9

effective date of Public Act 103-103).
10

(24) Contracts for public education programming,
11

noncommercial sustaining announcements, public service
12

announcements, and public awareness and education
13

messaging with the nonprofit trade associations of the
14

providers of those services that inform the public on
15

immediate and ongoing health and safety risks and hazards.
16

(25) Procurements necessary for the Department of
17

Early Childhood to implement the Department of Early
18

Childhood Act if the Department has made a good faith
19

determination that it is necessary and appropriate for the
20

expenditure to fall within this exemption. This exemption
21

shall only be used for products and services procured
22

solely for use by the Department of Early Childhood. The
23

procurements may include those necessary to design and
24

build integrated, operational systems of programs and
25

services. The procurements may include, but are not
26

limited to, those necessary to align and update program

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1

standards, integrate funding systems, design and establish
2

data and reporting systems, align and update models for
3

technical assistance and professional development, design
4

systems to manage grants and ensure compliance, design and
5

implement management and operational structures, and
6

establish new means of engaging with families, educators,
7

providers, and stakeholders. The procurement processes
8

shall be conducted in a manner substantially in accordance
9

with the requirements of Article 50 (ethics) and Sections
10

5-5 (Procurement Policy Board), 5-7 (Commission on Equity
11

and Inclusion), 20-80 (contract files), 20-120
12

(subcontractors), 20-155 (paperwork), 20-160
13

(ethics/campaign contribution prohibitions), 25-60
14

(prevailing wage), and 25-90 (prohibited and authorized
15

cybersecurity) of this Code. Beginning January 1, 2025,
16

the Department of Early Childhood shall provide a
17

quarterly report to the General Assembly detailing a list
18

of expenditures and contracts for which the Department
19

uses this exemption. This paragraph is inoperative on and
20

after July 1, 2027.
21

(26) Procurements that are necessary for increasing
22

the recruitment and retention of State employees,
23

particularly minority candidates for employment,
24

including:
25

(A) procurements related to registration fees for
26

job fairs and other outreach and recruitment events;

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1

(B) production of recruitment materials; and
2

(C) other services related to recruitment and
3

retention of State employees.
4

The exemption under this paragraph (26) applies only
5

if the State agency has made a good faith determination
6

that it is necessary and appropriate for the expenditure
7

to fall within this paragraph (26). The procurement
8

process under this paragraph (26) shall be conducted in a
9

manner substantially in accordance with the requirements
10

of Sections 20-160 and 25-60 and Article 50 of this Code. A
11

copy of these contracts shall be made available to the
12

Chief Procurement Officer immediately upon request.
13

Nothing in this paragraph (26) authorizes the replacement
14

or diminishment of State responsibilities in hiring or the
15

positions that effectuate that hiring. This paragraph (26)
16

is inoperative on and after June 30, 2029.
17

(27) Procurements necessary for the Department of
18

Healthcare and Family Services to implement changes to the
19

State's Integrated Eligibility System to ensure the
20

system's compliance with federal implementation mandates
21

and deadlines, if the Department of Healthcare and Family
22

Services has made a good faith determination that it is
23

necessary and appropriate for the procurement to fall
24

within this exemption.
25

Notwithstanding any other provision of law, for contracts
26
with an annual value of more than $100,000 entered into on or

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1
after October 1, 2017 under an exemption provided in any
2
paragraph of this subsection (b), except paragraph (1), (2),
3
or (5), each State agency shall post to the appropriate
4
procurement bulletin the name of the contractor, a description
5
of the supply or service provided, the total amount of the
6
contract, the term of the contract, and the exception to the
7
Code utilized. The chief procurement officer shall submit a
8
report to the Governor and General Assembly no later than
9
November 1 of each year that shall include, at a minimum, an
10
annual summary of the monthly information reported to the
11
chief procurement officer.
12

(c) This Code does not apply to the electric power
13
procurement process provided for under Section 1-75 of the
14
Illinois Power Agency Act and Section 16-111.5 of the Public
15
Utilities Act. This Code does not apply to the procurement of
16
technical and policy experts pursuant to Section 1-129 of the
17
Illinois Power Agency Act.
18

(d) Except for Section 20-160 and Article 50 of this Code,
19
and as expressly required by Section 9.1 of the Illinois
20
Lottery Law, the provisions of this Code do not apply to the
21
procurement process provided for under Section 9.1 of the
22
Illinois Lottery Law.
23

(e) This Code does not apply to the process used by the
24
Capital Development Board to retain a person or entity to
25
assist the Capital Development Board with its duties related
26
to the determination of costs of a clean coal SNG brownfield

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1
facility, as defined by Section 1-10 of the Illinois Power
2
Agency Act, as required in subsection (h-3) of Section 9-220
3
of the Public Utilities Act, including calculating the range
4
of capital costs, the range of operating and maintenance
5
costs, or the sequestration costs or monitoring the
6
construction of clean coal SNG brownfield facility for the
7
full duration of construction.
8

(f) (Blank).
9

(g) (Blank).
10

(h) This Code does not apply to the process to procure or
11
contracts entered into in accordance with Sections 11-5.2 and
12
11-5.3 of the Illinois Public Aid Code.
13

(i) Each chief procurement officer may access records
14
necessary to review whether a contract, purchase, or other
15
expenditure is or is not subject to the provisions of this
16
Code, unless such records would be subject to attorney-client
17
privilege.
18

(j) This Code does not apply to the process used by the
19
Capital Development Board to retain an artist or work or works
20
of art as required in Section 14 of the Capital Development
21
Board Act.
22

(k) This Code does not apply to the process to procure
23
contracts, or contracts entered into, by the State Board of
24
Elections or the State Electoral Board for hearing officers
25
appointed pursuant to the Election Code.
26

(l) This Code does not apply to the processes used by the

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1
Illinois Student Assistance Commission to procure supplies and
2
services paid for from the private funds of the Illinois
3
Prepaid Tuition Fund. As used in this subsection (l), "private
4
funds" means funds derived from deposits paid into the
5
Illinois Prepaid Tuition Trust Fund and the earnings thereon.
6

(m) This Code shall apply regardless of the source of
7
funds with which contracts are paid, including federal
8
assistance moneys. Except as specifically provided in this
9
Code, this Code shall not apply to procurement expenditures
10
necessary for the Department of Public Health to conduct the
11
Healthy Illinois Survey in accordance with Section 2310-431 of
12
the Department of Public Health Powers and Duties Law of the
13
Civil Administrative Code of Illinois.
14
(Source: P.A. 103-8, eff. 6-7-23; 103-103, eff. 6-27-23;
15
103-570, eff. 1-1-24; 103-580, eff. 12-8-23; 103-594, eff.
16
6-25-24; 103-605, eff. 7-1-24; 103-865, eff. 1-1-25; 104-2,
17
eff. 6-16-25; 104-417, eff. 8-15-25; 104-458, eff. 6-1-26;
18
revised 1-12-26.)

19

(30 ILCS 500/1-15.15)
20

Sec. 1-15.15.
Chief Procurement Officer.
"Chief
21
Procurement Officer" means any of the 4 persons appointed or
22
approved by a majority of the members of the Executive Ethics
23
Commission:
24

(1) for procurements for (i) construction and
25

construction-related services committed by law to the

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jurisdiction or responsibility of the Capital Development
2

Board or (ii) construction-related services committed by
3

law to the jurisdiction or responsibility of the
4

Department of Central Management Services under Section
5

405-217 of the Department of Central Management Services
6

Law of the Civil Administrative Code of Illinois and other
7

related provisions of this amendatory Act of the 104th
8

General Assembly, the independent chief procurement
9

officer appointed by a majority of the members of the
10

Executive Ethics Commission.
11

(2) for procurements for all construction,
12

construction support,
construction-related services,
the

13

operation of any facility,
the purchase of rolling stock,

14

and the provision of any construction or
15

construction-related service or activity committed by law
16

to the jurisdiction or responsibility of the Illinois
17

Department of Transportation, including the direct or
18

reimbursable expenditure of all federal funds for which
19

the Department of Transportation is responsible or
20

accountable for the use thereof in accordance with federal
21

law, regulation, or procedure, the independent chief
22

procurement officer appointed by the Secretary of
23

Transportation with the consent of the majority of the
24

members of the Executive Ethics Commission.
25

(3) for all procurements made by a public institution
26

of higher education, the independent chief procurement

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1

officer appointed by a majority of the members of the
2

Executive Ethics Commission.
3

(4) (Blank).
4

(5) for all other procurements, the independent chief
5

procurement officer appointed by a majority of the members
6

of the Executive Ethics Commission.
7
(Source: P.A. 104-2, eff. 6-16-25.)

8

(30 ILCS 500/1-15.72 new)
9

Sec. 1-15.72.
Rolling stock.
"Rolling stock" means buses,
10
vans, cars, railcars, locomotives, trolley cars, trucks, and
11
ferryboats as well as any vehicles used for support services,
12
public transportation, or construction.

13

(30 ILCS 500/10-20)
14

Sec. 10-20.
Independent chief procurement officers.
15

(a) Appointment. Within 60 calendar days after July 1,
16
2010 (the effective date of Public Act 96-795), the Executive
17
Ethics Commission, with the advice and consent of the Senate
18
shall appoint or approve 4 chief procurement officers, one for
19
each of the following categories:
20

(1) for procurements for (i) construction and
21

construction-related services committed by law to the
22

jurisdiction or responsibility of the Capital Development
23

Board or (ii) construction-related services committed by
24

law to the jurisdiction or responsibility of the

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1

Department for Central Management Services under Section
2

405-217 of the Department of Central Management Services
3

Law of the Civil Administrative Code of Illinois and other
4

related provisions of this amendatory Act of the 104th
5

General Assembly;
6

(2) for procurements for all construction,
7

construction support,
construction-related services,
the

8

operation of any facility,
the purchase of rolling stock,

9

and the provision of any service or activity committed by
10

law to the jurisdiction or responsibility of the Illinois
11

Department of Transportation, including the direct or
12

reimbursable expenditure of all federal funds for which
13

the Department of Transportation is responsible or
14

accountable for the use thereof in accordance with federal
15

law, regulation, or procedure, the chief procurement
16

officer recommended for approval under this item appointed
17

by the Secretary of Transportation after consent by the
18

Executive Ethics Commission;
19

(3) for all procurements made by a public institution
20

of higher education; and
21

(4) for all other procurement needs of State agencies.
22

For fiscal years 2024, 2025, and 2026, the Executive
23
Ethics Commission shall set aside from its appropriation those
24
amounts necessary for the use of the 4 chief procurement
25
officers for the ordinary and contingent expenses of their
26
respective procurement offices. From the amounts set aside by

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1
the Commission, each chief procurement officer shall control
2
the internal operations of his or her procurement office and
3
shall procure the necessary equipment, materials, and services
4
to perform the duties of that office, including hiring
5
necessary procurement personnel, legal advisors, and other
6
employees, and may establish, in the exercise of the chief
7
procurement officer's discretion, the compensation of the
8
office's employees, which includes the State purchasing
9
officers and any legal advisors. The Executive Ethics
10
Commission shall have no control over the employees of the
11
chief procurement officers. The Executive Ethics Commission
12
shall provide administrative support services, including
13
payroll, for each procurement office.
14

(b) Terms and independence. Each chief procurement officer
15
appointed under this Section shall serve for a term of 5 years
16
beginning on the date of the officer's appointment. The chief
17
procurement officer may be removed for cause after a hearing
18
by the Executive Ethics Commission. The Governor or the
19
director of a State agency directly responsible to the
20
Governor may institute a complaint against the officer by
21
filing such complaint with the Commission. The Commission
22
shall have a hearing based on the complaint. The officer and
23
the complainant shall receive reasonable notice of the hearing
24
and shall be permitted to present their respective arguments
25
on the complaint. After the hearing, the Commission shall make
26
a finding on the complaint and may take disciplinary action,

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including, but not limited to, removal of the officer.
2

The salary of a chief procurement officer shall be
3
established by the Executive Ethics Commission and may not be
4
diminished during the officer's term. The salary may not
5
exceed the salary of the director of a State agency for which
6
the officer serves as chief procurement officer.
7

(c) Qualifications. In addition to any other requirement
8
or qualification required by State law, each chief procurement
9
officer must within 12 months of employment be a Certified
10
Professional Public Buyer or a Certified Public Purchasing
11
Officer, pursuant to certification by the Universal Public
12
Purchasing Certification Council, and must reside in Illinois.
13

(d) Fiduciary duty. Each chief procurement officer owes a
14
fiduciary duty to the State.
15

(e) Vacancy. In case of a vacancy in one or more of the
16
offices of a chief procurement officer under this Section
17
during the recess of the Senate, the Executive Ethics
18
Commission shall make a temporary appointment until the next
19
meeting of the Senate, when the Executive Ethics Commission
20
shall nominate some person to fill the office, and any person
21
so nominated who is confirmed by the Senate shall hold office
22
during the remainder of the term and until his or her successor
23
is appointed and qualified. If the Senate is not in session at
24
the time Public Act 96-920 takes effect, the Executive Ethics
25
Commission shall make a temporary appointment as in the case
26
of a vacancy.

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(f) (Blank).
2

(g) (Blank).
3
(Source: P.A. 103-8, eff. 6-7-23; 103-588, eff. 6-5-24;
4
103-605, eff. 7-1-24; 103-865, eff. 1-1-25; 104-2, eff.
5
6-16-25.)

6

Section 10.
The Governmental Joint Purchasing Act is
7
amended by changing Section 2 as follows:

8

(30 ILCS 525/2)

(from Ch. 85, par. 1602)
9

Sec. 2.
Joint purchasing authority.
10

(a) Any governmental unit, except a governmental unit
11
subject to the jurisdiction of a chief procurement officer
12
established in Section 10-20 of the Illinois Procurement Code,
13
may purchase personal property, supplies and services jointly
14
with one or more other governmental units. All such joint
15
purchases shall be by competitive solicitation as provided in
16
Section 4, except as otherwise provided in this Act. The
17
provisions of any other acts under which a governmental unit
18
operates which refer to purchases and procedures in connection
19
therewith shall be superseded by the provisions of this Act
20
when the governmental units are exercising the joint powers
21
created by this Act.
22

(a-5) For purchases made by a governmental unit subject to
23
the jurisdiction of a chief procurement officer established in
24
Section 10-20 of the Illinois Procurement Code, the applicable

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chief procurement officer established in Section 10-20 of the
2
Illinois Procurement Code may authorize the purchase of
3
supplies and services jointly with a governmental unit of this
4
State, governmental entity of another state, or with a
5
consortium of governmental entities of one or more other
6
states, except as otherwise provided in this Act. Subject to
7
provisions of the joint purchasing solicitation, the
8
appropriate chief procurement officer may designate the
9
resulting contract as available to governmental units in
10
Illinois.
11

(a-10) Each chief procurement officer appointed pursuant
12
to Section 10-20 of the Illinois Procurement Code, with joint
13
agreement of the respective agency or institution, may
14
authorize the purchase or lease of supplies and services which
15
have been procured through a competitive process by a federal
16
agency;
a government agency of another state;
a consortium of
17
governmental, educational, medical, research, or similar
18
entities; or a group purchasing organization of which the
19
chief procurement officer or State agency is a member or
20
affiliate, including, without limitation, any purchasing
21
entity operating under the federal General Services
22
Administration, the Higher Education Cooperation Act, and the
23
Midwestern Higher Education Compact Act. Each applicable chief
24
procurement officer may authorize purchases and contracts
25
which have been procured
by a government agency of another
26
state in accordance with the laws of that state or
through

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other methods of procurement if each chief procurement officer
2
determines it is in the best interests of the State,
3
considering a recommendation by their respective agencies or
4
institutions. The chief procurement officer may establish
5
detailed rules, policies, and procedures for use of these
6
cooperative contracts. Notice of award shall be published by
7
the chief procurement officer in the Illinois Procurement
8
Bulletin at least prior to use of the contract. Each chief
9
procurement officer shall submit to the General Assembly by
10
November 1 of each year a report of procurements made under
11
this subsection (a-10).
12

(a-15) Each chief procurement officer appointed pursuant
13
to Section 10-20 of the Illinois Procurement Code may
14
authorize any governmental unit of this State to purchase or
15
lease supplies under a contract which has been procured under
16
the jurisdiction of the Illinois Procurement Code by a
17
governmental unit subject to the jurisdiction of the chief
18
procurement officer. Prior to making the contract available to
19
the governmental unit of this State, the chief procurement
20
officer shall consult with the governmental unit that is party
21
to the contract and is subject to the jurisdiction of the chief
22
procurement officer. A governmental unit of this State that
23
uses a contract pursuant to this subsection shall report each
24
year to the authorizing chief procurement officer the
25
contractor used, supplies purchased, and total value of
26
purchases for each contract. The authorizing chief procurement

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officer shall submit to the General Assembly by November 1 of
2
each year a report of procurements made under this subsection
3
(a-15).
4

(b) Any not-for-profit agency that qualifies under Section
5
45-35 of the Illinois Procurement Code and that either (1)
6
acts pursuant to a board established by or controlled by a unit
7
of local government or (2) receives grant funds from the State
8
or from a unit of local government, shall be eligible to
9
participate in contracts established by the State.
10

(c) For governmental units subject to the jurisdiction of
11
a chief procurement officer established in Section 10-20 of
12
the Illinois Procurement Code, if any contract or amendment to
13
a contract is entered into or purchase or expenditure of funds
14
is made at any time in violation of this Act or any other law,
15
the contract or amendment may be declared void by the chief
16
procurement officer or may be ratified and affirmed, if the
17
chief procurement officer determines that ratification is in
18
the best interests of the governmental unit. If the contract
19
or amendment is ratified and affirmed, it shall be without
20
prejudice to the governmental unit's rights to any appropriate
21
damages.
22

(d) This Section does not apply to construction-related
23
professional services contracts awarded in accordance with the
24
provisions of the Architectural, Engineering, and Land
25
Surveying Qualifications Based Selection Act.
26
(Source: P.A. 103-865, eff. 1-1-25
.)

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Section 95.
No acceleration or delay.
Where this Act makes
2
changes in a statute that is represented in this Act by text
3
that is not yet or no longer in effect (for example, a Section
4
represented by multiple versions), the use of that text does
5
not accelerate or delay the taking effect of (i) the changes
6
made by this Act or (ii) provisions derived from any other
7
Public Act.

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