HB 5511

Abstract

Amends the Illinois Procurement Code. In a provision concerning bid preferences for Illinois businesses, makes changes to the definition of "Illinois business". Provides that the chief procurement officer shall require at the time of submission of a bid, and may require at the Chief Procurement Officer's option at any time during the term of the contract, that the bidder or contractor submit an affidavit and other supporting documents demonstrating that the bidder or contractor is an Illinois business and, if applicable, submit an affidavit and other supporting documents demonstrating that the bidder or contractor is eligible for a 4% bid preference under the provisions. Provides that if a contractor who is awarded a contract through the use of a preference for Illinois businesses provided false information in order to obtain that preference, then the contractor is subject to disciplinary procedures under the Act. Senate Floor Amendment No. 1 Adds reference to: New Act 30 ILCS 500/1-13 30 ILCS 500/10-20 30 ILCS 500/20-20 30 ILCS 500/20-60 30 ILCS 500/20-180 new 30 ILCS 500/30-17 new 30 ILCS 500/50-57 new 30 ILCS 605/7a 55 ILCS 5/5-1022 55 ILCS 5/6-1003 from Ch. 34, par. 6-1003 20 ILCS 801/1-20 20 ILCS 801/1-50 new 20 ILCS 805/805-5 20 ILCS 805/805-230 was 20 ILCS 805/63a18 20 ILCS 805/805-235 was 20 ILCS 805/63a6 20 ILCS 805/805-280 new 20 ILCS 805/805-580 new 20 ILCS 835/2 from Ch. 105, par. 466 20 ILCS 835/3 from Ch. 105, par. 467 20 ILCS 835/3a from Ch. 105, par. 467a 20 ILCS 835/4 from Ch. 105, par. 468 30 ILCS 500/20-60 30 ILCS 500/45-45 30 ILCS 500/45-46 new 5 ILCS 140/7 30 ILCS 500/50-39 30 ILCS 535/35 from Ch. 127, par. 4151-35 30 ILCS 525/2 from Ch. 85, par. 1602 30 ILCS 500/40-15 30 ILCS 500/1-10 20 ILCS 3407/45-5 20 ILCS 3407/45-10 20 ILCS 3407/45-15 20 ILCS 3407/45-20 20 ILCS 3407/45-25 20 ILCS 3407/45-30 20 ILCS 3407/45-35 rep. 30 ILCS 500/50-10.5 30 ILCS 575/2 30 ILCS 575/3.5 new 30 ILCS 575/5 from Ch. 127, par. 132.605 30 ILCS 575/8 from Ch. 127, par. 132.608 30 ILCS 545/2 from Ch. 127, par. 132.52 70 ILCS 2605/11.3 from Ch. 42, par. 331.3 70 ILCS 2605/11.5 from Ch. 42, par. 331.5 30 ILCS 525/4 from Ch. 85, par. 1604 30 ILCS 574/40-10 70 ILCS 210/24 from Ch. 85, par. 1244 70 ILCS 210/25.4 630 ILCS 5/10 630 ILCS 5/15 630 ILCS 5/19 630 ILCS 5/35 Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with the following changes. Further amends the Illinois Procurement Code. Provides that cumulative small purchases under $1,000 made in a previously non-contemplated manner by the same or separate individuals or departments within an agency or university that exceed the small purchase threshold do not constitute stringing and are allowable under the Code. Provides that the Code does not apply to procurement expenditures related to efforts for the recruitment and retention of State employees. Makes changes concerning applicability of the Code to public institutions of higher education, independent chief procurement officers, duration of contracts, electronic procurement systems, job order contracting, curing a violation or deficiency during an active procurement, procurement communications reporting requirements, method of source selection, bid preferences for Illinois businesses, and prohibited bidders. Amends the State Property Control Act. Makes changes concerning new furniture purchases. Amends the Counties Code. Provides that certain competitive bidding requirements apply to an elected official in a county with fewer than 2,000,000 inhabitants (in addition to applying to a county with fewer than 2,000,000 inhabitants). Amends the Department of Natural Resources Act. Provides that the Department of Natural Resources has the power to lease, from time to time, any land or property, with or without appurtenances, of which the Department has jurisdiction, and which are not immediately to be used or developed by the State if certain requirements are met. Provides that the Department may lease any land or property over which the Department has jurisdiction for the purpose of creating, operating, or maintaining a commercial solar energy system or a clean energy project. Amends the Architectural, Engineering, and Land Surveying Qualifications Based Selection Act. Provides that the State agency may communicate with firms who were not selected to provide services in order to provide further information about the firm's proposal deficiencies. Amends the Governmental Joint Purchasing Act. Provides that each chief procurement officer may authorize any governmental unit of this State to purchase or lease supplies under a contract which has been procured under the jurisdiction of the Illinois Procurement Code by a governmental unit subject to the jurisdiction of the chief procurement officer. Amends the Reimagining Hotel Florence Act. Adds provisions concerning the Pullman Factory. Makes other changes. Creates the Progressive Design-Build Pilot Program Act. Provides that the Capital Development Board may elect to use the progressive design-build delivery method. Sets forth other provisions concerning procedures for selection and submission of qualifications, the award of contracts, pricing, and federal requirements. Makes other changes. Amends the Business Enterprise for Minorities, Women, and Persons with Disabilities Act. Sets forth a uniform standard of contract goals. Makes changes concerning the Business Enterprise Council and enforcement. Amends the Public Contract Fraud Act. Provides that the Attorney General need not approve the title for lands needed for public works or improvements if the consideration paid does not exceed $25,000 (currently, $10,000). Amends the Metropolitan Water Reclamation District Act. Provides that the mandatory competitive bid threshold for the District may not be less than $60,000 (rather than less than $10,000 or more than $40,000). Amends the Governmental Joint Purchasing Act. Provides that a governmental unit may purchase a supply or service that is available on contracts from multiple contractors if the governmental unit determines that the selected contract best meets the governmental unit's needs. Amends the Commission on Equity and Inclusion Act. Provides that the Commission shall supervise (rather than oversee) the implementation and effectiveness of supplier diversity training of the State procurement workforce (rather the implementation of diversity training of the State workforce). Amends the Metropolitan Pier and Exposition Authority Act. Makes changes in provisions concerning construction and professional services contracts. Amends the Public-Private Partnerships for Transportation Act. Makes changes concerning the definition of "responsible public entity", unsolicited proposals, and formation of public-private agreements. Makes other changes. Senate Floor Amendment No. 2 Deletes reference to: 30 ILCS 500/45-45 Removes changes to provisions of the Illinois Procurement Code concerning small business set-asides. In a provision of the Illinois Procurement Code concerning mid-size business set-asides, provides that "mid-size business" includes a construction business with annual sales and receipts in excess of $14,000,000 but not over $45,000,000 (instead of in excess of $45,000,000 but not over $67,500,000). Provides that the provisions concerning mid-size business applies only to construction-related procurements for the Illinois State Toll Highway Authority (instead of applying only to procurements by the Illinois State Toll Highway Authority for construction contracts, construction-related contracts, and construction support contracts). Repeals the provisions 5 years after the effective date of the amendatory Act (instead of January 1, 2029). Senate Floor Amendment No. 3 In the Progressive Design-Build Pilot Program Act, removes language that provides that the State construction agency will retain ownership of any design documents completed by the progressive design-build entity. In a provision of the Metropolitan Pier and Exposition Authority Act concerning requirements for contracts for professional services entered into by the Metropolitan Pier and Exposition Authority, specifies that the provisions apply to contracts in excess of $25,000 for architectural, engineering, or land surveying services provided to the Authority and contracts in excess of $100,000 (instead of $25,000) for certain other services. Senate Floor Amendment No. 5 Adds a provision that makes Article 1 of the bill take effect immediately.