Current through Register Vol. 48, No. 12, March 22, 2024
a)
Except as provided in this
Section, the Code shall not apply to procurements made by or on behalf
of universitiesfor any of the following:
1)
Memberships in professional,
academic, research, or athletic organizations on behalf of a
university,an employee of a university,
or a student
at a university.
2)
Procurement expenditures for events or activities paid for exclusively
by revenues generated by the event or activity, gifts or donations for the
event or activity, private grants, or any combination
thereof.
3)
Procurement expenditures for events or activities for which the use of
specific potential contractors is mandated or identified by the sponsor of the
event or activity, if the sponsor is providing a majority of the funding for
the event or activity.
4)
Procurement expenditures necessary to provide athletic, artistic or
musical services, performances, events, or productions by or for a
university.
5)
Procurement
expenditures for periodicals, books, subscriptions, database licenses, and
other publications procured for use by a university library or academic
department, except for expenditures related to procuring textbooks for student
use or materials for resale or rental.
6)
Procurement expenditures for
placement of students in externships, practicums, field experiences, and for
medical residencies and rotations.
7)
Contracts for programing and
broadcast license rights for university-operated radio and television
stations.
8)
Procurement expenditures necessary to perform sponsored research and
other sponsored activities under grants and contracts funded by the sponsor or
by sources other than State appropriations.
9)
Contracts with a foreign entity
for research or other educational activities, provided the foreign entity
either does not maintain an office in the United States or is the sole source
of the service or product. [
30
ILCS 500/1-13(b) ]
b)
Except as provided in
thisSection,the provisions of the Code shall not apply to
contracts for:
1)
medical
supplies;
2)
medical services necessary for the direct
delivery of
patient care and treatment at medical, dental, or veterinary teaching
facilities utilized by:A)
Southern Illinois University;
B)
the University of
Illinois;or
C)
any
university-operated health care center or dispensary that provides care,
treatment, and medications for students, faculty and staff. [
30
ILCS 500/1-13 (b-5)]
c)
Procurements made on or behalf
of
universities for the fulfillment of a grant shall be made
in accordance with the Code to the extent practicable. [
30
ILCS 500/1-13(c) ].
1) A university may request a waiver of
contract, registration, certification, and hearing requirements if compliance
is impracticable.
2) A university
shall provide the CPO-HE with specific reasons for the waiver, including the
necessity to contract with a particular contractor, and shall certify the
university's good faith efforts to comply with the provisions of the Code. The
CPO-HE shall provide a written justification for any waiver granted to a
university.
3) Notwithstanding any
waiver of the registration requirements of Section 20-160 of the Code, no
business entity and any affiliated entity or person may make campaign
contributions if otherwise prohibited under Section 50-37 of the
Code.
4) For purposes of this
Section, "grant" means non-appropriated funding provided by a federal
or private entity to support a project or program administered by a public
institution of higher education and any non-appropriated funding provided to a
sub-recipient of the grant. [
30
ILCS 500/1-13(f) ]
d) Notice of each contract entered
by a university identified in subsections (a) and (b) and each waiver issued in
subsection (c) shall be published in the Bulletin within 14 calendar days after
contract execution. The CPO-HE shall prescribe the form and content of the
notice.
e) 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 the 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;
5) the exception to the
Code utilized; and
6) the
justification for any waiver granted under subsection (c).
f)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.