Current through Register Vol. 48, No. 12, March 22, 2024
a)
Except as specifically provided in the Code, and this Part
do not apply to:
1)
contracts between the State and its political subdivisions or other
governments, or between State governmental bodies, (For purposes of
this subsection (a), "governmental bodies" includes the State universities and
their governing boards, community colleges and their governing boards and
school districts. This provision applies to contracts between governmental
entities; it does not apply to State universities use of contracts established
by other governmental entities);
2)
grants, except for the filing requirements of Section 20-80 of the
Code);
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 10 calendar days after the deed is
recorded in the county of jurisdiction (This applies to purchases
whether outright or by means of an installment purchase. The exercise of an
option to purchase in a real estate lease is exempt, but the underlying lease
is not exempt from this Part). 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 the Code shall give his or her prior approval when the
procuring entity is not one subject to the jurisdiction of the
Governor. Anticipated litigation is that which a university may
prosecute or defend before a court or administrative body and actions necessary
to prepare for and conduct the effective legal prosecution or defense of
litigation, including, but not limited to, the retention of counsel,
investigators, expert witnesses and court reporters. This Section is applicable
to equipment or services necessary in the furtherance of covert activities
lawfully conducted by a university;
8)
Procurement expenditures by the
Illinois Conservation Foundation when only private funds are
used;
9)
Public-Private agreements entered into according to the procurement
requirements of Section 20 of the Public-Private Partnerships for
Transportation Act and design-build agreements entered into according to the
procurement requirements of Section 25 of the Public-Private Partnerships for
Transportation Act;
10)
Contracts for legal, financial, and other professional and artistic
services entered into on or before December 31, 2018 by the Illinois Finance
Authority in which the State of Illinois is not obligated. Such contracts shall
be awarded through a competitive process authorized by the Board of the
Illinois Finance Authority and are subject to Sections 5-30, 20-160, 50-13,
50-20, 50-35, and 50-37 of the Code, as well as the final
approval by the Board of the Illinois Finance Authority of the terms of the
contract;
11)
Contracts for services, commodities, and equipment to support the
delivery of timely forensic science services in consultation with and subject
to the approval of the CPO as provided in Section 5-4-3a(d) of the Unified Code
of Corrections [ 730 ILCS 5 ], except the requirements of
Sections 20-60, 20-65, 20-70, and 20-160 and Article 50 of the Code; however,
the CPO may, in writing with justification, waive any certification required
under Article 50 of this Code. For any contracts for services that are
currently provided by members of a collective bargaining
unit,the applicable terms of the collective bargaining agreement shall
be followed.
12)
Contracts for participation expenditures required by a domestic or
international trade show or exhibition of an exhibitor, member, or
sponsor;
13)
Contracts with a railroad or utility that require the State to
reimburse the railroad or utilities for the relocation of utilities for
construction or other public purpose. [
30
ILCS 500/1-10(b) ]
b) After October 1, 2017,
universities shall publish in the Bulletin notice of each contract entered into
under Section 1-10(b) of the Code, except for those procured under subsections
(a)(1), (a)(2) and (a)(5) of this Section. Notice shall be published within 14
calendar days after contract execution. The CPO-HE shall prescribe the form and
content of the notice.
c) The
CPO-HE shall submit a report to the Governor and General Assembly no later than
November 1 of each year that shall include, at a minimum, an annual summary of
the monthly information reported to the CPO-HE by the universities. The CPO-HE
will structure the required Bulletin publication to serve as a university's
report, but the CPO-HE may request a report or additional information from a
university if Bulletin publication is insufficient. At a minimum, this
information published to the Bulletin shall include:
1) the name of the contractor;
2) a description of the supply or service
provided;
3) the total amount of
the contract;
4) the term of the
contract; and
5) the exception to
the Code utilized.
d) A
copy of any or all of these contracts shall be made available to the CPO-HE
within 14 days after request, unless a more immediate response is
required.