Public Act 103-0558
 
SB2192 EnrolledLRB103 25677 HLH 52026 b


  
    AN ACT concerning finance.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  




 
 
    Section 5. The Illinois Procurement Code is amended  by 
changing Section 20-10 as follows:
 

    (30 ILCS 500/20-10)

   
    (Text of Section from P.A. 96-159, 96-588, 97-96, 97-895, 
98-1076, 99-906, 100-43, 101-31, 101-657, and 102-29)
    Sec. 20-10. Competitive sealed bidding; reverse auction. 

    (a) Conditions for use.  All contracts shall be awarded by

competitive sealed bidding
except as otherwise provided in 
Section 20-5.

    (b) Invitation for bids.  An invitation for bids shall be

issued and shall include a
purchase description and the 
material contractual terms and
conditions applicable to the

procurement.

    (c) Public notice.  Public notice of the invitation for 
bids shall be
published in the Illinois Procurement Bulletin 
at least 14 calendar days before the date
set in the invitation 
for the opening of bids.

    (d) Bid opening.  Bids shall be opened publicly or through 
an electronic procurement system in the
presence of one or 
more witnesses
at the time and place designated in the 
invitation for bids.  The
name of each bidder, including earned 
and applied bid credit from the Illinois Works Jobs Program 
Act, the amount
of each bid, and other relevant information as 
may be specified by
rule shall be
recorded.  After the award of 
the contract, the winning bid and the
record of each 
unsuccessful bid shall be open to
public inspection.

    (e) Bid acceptance and bid evaluation.  Bids shall be

unconditionally accepted without
alteration or correction, 
except as authorized in this Code.  Bids
shall be evaluated 
based on the
requirements set forth in the invitation for 
bids, which may
include criteria to determine
acceptability 
such as inspection, testing, quality, workmanship,
delivery, 
and suitability for a
particular purpose.  Those criteria that 
will affect the bid price and be considered in evaluation
for 
award, such as discounts, transportation costs, and total or

life cycle costs, shall be
objectively measurable. The 
invitation for bids shall set forth
the evaluation criteria to 
be used.

    (f) Correction or withdrawal of bids. Correction or

withdrawal of inadvertently
erroneous bids before or after 
award, or cancellation of awards of
contracts based on bid

mistakes, shall be permitted in accordance with rules.
 After 
bid opening, no
changes in bid prices or other provisions of 
bids prejudicial to
the interest of the State or fair

competition shall be permitted.  All decisions to permit the

correction or withdrawal of bids
based on bid mistakes shall 
be supported by written determination
made by a State 
purchasing officer.

    (g) Award.  The contract shall be awarded with reasonable

promptness by written notice
to the lowest responsible and 
responsive bidder whose bid meets
the requirements and 
criteria
set forth in the invitation for bids, except when a 
State purchasing officer
determines it is not in the best 
interest of the State and by written
explanation determines 
another bidder shall receive the award.  The explanation
shall 
appear in the appropriate volume of the Illinois Procurement 
Bulletin. The written explanation must include:

        (1) a description of the agency's needs; 
        (2) a determination that the anticipated cost will be 
    fair and reasonable;
        (3) a listing of all responsible and responsive 
    bidders; and
        (4) the name of the bidder selected, the total 
    contract price, and the reasons for selecting that bidder.
    Each chief procurement officer may adopt guidelines  to 
implement the requirements of this subsection (g).
    The written explanation shall be filed with the 
Legislative Audit Commission, and the Commission on Equity and 
Inclusion, and the Procurement Policy Board, and be made 
available for inspection by the public, within 14 calendar 
days after the agency's decision to award the contract.
    (g-5) Failed bid notice. In addition to the requirements 
of subsection (g), if a bidder has failed to be awarded a 
contract after 4 consecutive bids to provide the same services 
to the Department of Transportation, the  Capital Development 
Board,   or the Illinois State Toll Highway Authority, the 
applicable agency shall, in writing, detail why each of the 4 
bids was not awarded to the bidder. The applicable agency 
shall submit by certified copy to the bidder the reason or 
reasons why each of the 4 bids was not awarded to the bidder. 
The agency shall submit that certified copy to the bidder 
within the same calendar quarter in which the fourth bid was 
rejected. 
    (h) Multi-step sealed bidding.  When it is considered

impracticable to initially prepare
a purchase description to 
support an award based on price, an
invitation for bids may be 
issued
requesting the submission of unpriced offers to be 
followed by an
invitation for bids limited to
those bidders 
whose offers have been qualified under the criteria
set forth 
in the first solicitation.

    (i) Alternative procedures. Notwithstanding any other 
provision of this Act to the contrary, the Director of the 
Illinois Power Agency may create alternative bidding 
procedures to be used in procuring professional services under 
Section 1-56, subsections (a) and (c) of Section 1-75 and 
subsection (d) of Section 1-78 of the Illinois Power Agency 
Act and Section 16-111.5(c) of the Public Utilities Act and to 
procure renewable energy resources under Section 1-56 of the 
Illinois Power Agency Act.  These alternative procedures shall 
be set forth together with the other criteria contained in the 
invitation for bids, and shall appear in the appropriate 
volume of the Illinois Procurement Bulletin.

    (j) Reverse auction.  Notwithstanding any other provision 
of this Section and in accordance with rules adopted by the 
chief procurement officer, that chief procurement officer may 
procure supplies or services through a competitive electronic 
auction bidding process after the chief procurement officer 
determines that the use of such a process will be in the best 
interest of the State. The chief procurement officer shall 
publish that determination in his or her next volume of the 
Illinois Procurement Bulletin.
    An invitation for bids shall be issued and shall include 
(i) a procurement description, (ii) all contractual terms, 
whenever practical, and (iii) conditions applicable to the 
procurement, including a notice that bids will be received in 
an electronic auction manner.
    Public notice of the invitation for bids shall be given in 
the same manner as provided in subsection (c).
    Bids shall be accepted electronically at the time and in 
the manner designated in the invitation for bids. During the 
auction, a bidder's price shall be disclosed to other bidders. 
Bidders shall have the opportunity to reduce their bid prices 
during the auction. At the conclusion of the auction, the 
record of the bid prices received and the name of each bidder 
shall be open to public inspection.
    After the auction period has terminated, withdrawal of 
bids shall be permitted as provided in subsection (f).
    The contract shall be awarded within 60 calendar days 
after the auction by written notice to the  lowest responsible 
bidder, or all bids shall be rejected except as otherwise 
provided in this Code. Extensions of the date for the award may 
be made by mutual written consent of the State purchasing 
officer and the lowest responsible bidder.
    This subsection does not apply to (i) procurements of 
professional and artistic services, (ii) telecommunications 
services, communication services, and information services, 
and (iii) contracts for construction projects, including 
design professional services. 
(Source: P.A. 100-43, eff. 8-9-17; 101-31, eff. 6-28-19; 
101-657, eff. 1-1-22; 102-29, eff. 6-25-21.)

 
    (Text of Section from P.A. 96-159, 96-795, 97-96, 97-895, 
98-1076, 99-906, 100-43, 101-31, 101-657, and 102-29)
  
    Sec. 20-10. Competitive sealed bidding; reverse auction. 

    (a) Conditions for use.  All contracts shall be awarded by

competitive sealed bidding
except as otherwise provided in 
Section 20-5.

    (b) Invitation for bids.  An invitation for bids shall be

issued and shall include a
purchase description and the 
material contractual terms and
conditions applicable to the

procurement.

    (c) Public notice.  Public notice of the invitation for 
bids shall be
published in the Illinois Procurement Bulletin 
at least 14 calendar days before the date
set in the invitation 
for the opening of bids.

    (d) Bid opening.  Bids shall be opened publicly or through 
an electronic procurement system in the
presence of one or 
more witnesses
at the time and place designated in the 
invitation for bids.  The
name of each bidder, including earned 
and applied bid credit from the Illinois Works Jobs Program 
Act, the amount
of each bid, and other relevant information as 
may be specified by
rule shall be
recorded.  After the award of 
the contract, the winning bid and the
record of each 
unsuccessful bid shall be open to
public inspection.

    (e) Bid acceptance and bid evaluation.  Bids shall be

unconditionally accepted without
alteration or correction, 
except as authorized in this Code.  Bids
shall be evaluated 
based on the
requirements set forth in the invitation for 
bids, which may
include criteria to determine
acceptability 
such as inspection, testing, quality, workmanship,
delivery, 
and suitability for a
particular purpose.  Those criteria that 
will affect the bid price and be considered in evaluation
for 
award, such as discounts, transportation costs, and total or

life cycle costs, shall be
objectively measurable. The 
invitation for bids shall set forth
the evaluation criteria to 
be used.

    (f) Correction or withdrawal of bids. Correction or

withdrawal of inadvertently
erroneous bids before or after 
award, or cancellation of awards of
contracts based on bid

mistakes, shall be permitted in accordance with rules.
 After 
bid opening, no
changes in bid prices or other provisions of 
bids prejudicial to
the interest of the State or fair

competition shall be permitted.  All decisions to permit the

correction or withdrawal of bids
based on bid mistakes shall 
be supported by written determination
made by a State 
purchasing officer.

    (g) Award.  The contract shall be awarded with reasonable

promptness by written notice
to the lowest responsible and 
responsive bidder whose bid meets
the requirements and 
criteria
set forth in the invitation for bids, except when a 
State purchasing officer
determines it is not in the best 
interest of the State and by written
explanation determines 
another bidder shall receive the award.  The explanation
shall 
appear in the appropriate volume of the Illinois Procurement 
Bulletin. The written explanation must include:

        (1) a description of the agency's needs; 
        (2) a determination that the anticipated cost will be 
    fair and reasonable;
        (3) a listing of all responsible and responsive 
    bidders; and
        (4) the name of the bidder selected, the total 
    contract price, and the reasons for selecting that bidder.
    Each chief procurement officer may adopt guidelines  to 
implement the requirements of this subsection (g).
    The written explanation shall be filed with the 
Legislative Audit Commission, and the Commission on Equity and 
Inclusion, and the Procurement Policy Board, and be made 
available for inspection by the public, within 14 days after 
the agency's decision to award the contract.
    (g-5) Failed bid notice. In addition to the requirements 
of subsection (g), if a bidder has failed to be awarded a 
contract after 4 consecutive bids to provide the same services 
to the Department of Transportation, the  Capital Development 
Board,   or the Illinois State Toll Highway Authority, the 
applicable agency shall, in writing, detail why each of the 4 
bids was not awarded to the bidder. The applicable agency 
shall submit by certified copy to the bidder the reason or 
reasons why each of the 4 bids was not awarded to the bidder. 
The agency shall submit that certified copy to the bidder 
within the same calendar quarter in which the fourth bid was 
rejected. 
    (h) Multi-step sealed bidding.  When it is considered

impracticable to initially prepare
a purchase description to 
support an award based on price, an
invitation for bids may be 
issued
requesting the submission of unpriced offers to be 
followed by an
invitation for bids limited to
those bidders 
whose offers have been qualified under the criteria
set forth 
in the first solicitation.

    (i) Alternative procedures. Notwithstanding any other 
provision of this Act to the contrary, the Director of the 
Illinois Power Agency may create alternative bidding 
procedures to be used in procuring professional services under 
subsections (a) and (c) of Section 1-75 and subsection (d) of 
Section 1-78 of the Illinois Power Agency Act and Section 
16-111.5(c) of the Public Utilities Act and to procure 
renewable energy resources under Section 1-56 of the Illinois 
Power Agency Act.  These alternative procedures shall be set 
forth together with the other criteria contained in the 
invitation for bids, and shall appear in the appropriate 
volume of the Illinois Procurement Bulletin.

    (j) Reverse auction.  Notwithstanding any other provision 
of this Section and in accordance with rules adopted by the 
chief procurement officer, that chief procurement officer may 
procure supplies or services through a competitive electronic 
auction bidding process after the chief procurement officer 
determines that the use of such a process will be in the best 
interest of the State. The chief procurement officer shall 
publish that determination in his or her next volume of the 
Illinois Procurement Bulletin.
    An invitation for bids shall be issued and shall include 
(i) a procurement description, (ii) all contractual terms, 
whenever practical, and (iii) conditions applicable to the 
procurement, including a notice that bids will be received in 
an electronic auction manner.
    Public notice of the invitation for bids shall be given in 
the same manner as provided in subsection (c).
    Bids shall be accepted electronically at the time and in 
the manner designated in the invitation for bids. During the 
auction, a bidder's price shall be disclosed to other bidders. 
Bidders shall have the opportunity to reduce their bid prices 
during the auction. At the conclusion of the auction, the 
record of the bid prices received and the name of each bidder 
shall be open to public inspection.
    After the auction period has terminated, withdrawal of 
bids shall be permitted as provided in subsection (f).
    The contract shall be awarded within 60 calendar days 
after the auction by written notice to the  lowest responsible 
bidder, or all bids shall be rejected except as otherwise 
provided in this Code. Extensions of the date for the award may 
be made by mutual written consent of the State purchasing 
officer and the lowest responsible bidder.
    This subsection does not apply to (i) procurements of 
professional and artistic services, (ii) telecommunications 
services, communication services, and information services,


and (iii) contracts for construction projects, including 
design professional services. 
(Source: P.A. 101-31, eff. 6-28-19; 101-657, eff. 1-1-22; 
102-29, eff. 6-25-21.)