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Public Act 096-1444
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| HB5065 Enrolled | LRB096 17378 RCE 32730 b |
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AN ACT concerning finance.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 3. The Illinois Procurement Code is amended by |
changing Sections 15-15 and 15-25 as follows:
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(30 ILCS 500/15-15) |
Sec. 15-15. Publication. All volumes of the Illinois |
Procurement
Bulletin shall be published at least
once per |
month. Any volume, including volumes available in print format,
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shall be available through subscription for a
minimal fee not |
exceeding
publication and distribution costs. The Illinois |
Procurement
Bulletin shall be distributed free to
public |
libraries within Illinois and electronically to any entity that |
has subscribed on the publishing entity's website. |
(Source: P.A. 90-572, eff. date - See Sec. 99-5.)
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(30 ILCS 500/15-25) |
(Text of Section before amendment by P.A. 96-795) |
Sec. 15-25. Bulletin content. |
(a) Invitations for bids. Notice of each and every contract |
that is
offered, including renegotiated contracts and change |
orders,
shall be published in the Bulletin, and all businesses |
listed on the Department of Transportation Disadvantaged |
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Business Enterprise Directory, the Department of Central |
Management Services Business Enterprise Program and Small |
Business Vendors Directory, and the Capital Development |
Board's Directory of Certified Minority and Female Business |
Enterprises shall be furnished written instructions and |
information on how to register on each Procurement Bulletin |
maintained by the State. Such information shall be provided to |
each business within 30 days after the business' notice of |
certification. The applicable chief procurement officer
may |
provide by rule an organized format for the publication of this
|
information, but in any case it must include at least the date |
first offered,
the date submission of offers is due, the |
location that offers are to be
submitted to, the purchasing |
State agency, the responsible State purchasing
officer, a brief |
purchase description, the method of source selection,
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information of how to obtain a comprehensive purchase |
description and any
disclosure and contract forms, and |
encouragement to prospective vendors to hire qualified |
veterans, as defined by Section 45-67 of this Code, and |
qualified Illinois minorities, women, persons with |
disabilities, and residents discharged from any Illinois adult |
correctional center. |
(b) Contracts let or awarded. Notice of each and every |
contract that is let
or awarded, including renegotiated |
contracts and change orders, shall be issued electronically to |
those bidders or offerors submitting responses to the |
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solicitations, inclusive of the unsuccessful bidders, |
immediately upon contract let. Failure of any chief procurement |
officer to give such notice shall result in tolling the time |
for filing a bid protest up to 5 business days. The apparent |
low bidder's award and all other bids from bidders responding |
to solicitations shall be posted on the agency's website the |
next business day
published in the next available subsequent |
Bulletin, and
the applicable chief procurement officer may |
provide by rule an organized
format for the publication
of
this |
information, but in any case it must include at least all of |
the
information specified in subsection (a) as well as the name |
of the successful
responsible bidder or offeror, the contract |
price, the number of unsuccessful
responsive bidders, and any |
other disclosure specified in any Section of this
Code. This |
notice must be posted in the online electronic Bulletin prior |
to execution of the contract.
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(b-5) Contracts awarded. Notice of each and every contract |
that is awarded, including renegotiated contracts and change |
orders, shall be issued electronically to the successful |
responsible bidder or offeror, posted on the agency's website |
the next business day, and published in the next available |
subsequent Bulletin. The applicable chief procurement officer |
may provide by rule an organized format for the publication of |
this information, but in any case it must include at least all |
of the information specified in subsection (a) as well as the |
name of the successful responsible bidder or offeror, the |
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contract price, the number of unsuccessful responsive bidders, |
and any other disclosure specified in any Section of this Code. |
This notice must be posted in the online electronic Bulletin |
prior to execution of the contract. |
(c) Emergency purchase disclosure. Any chief procurement |
officer, State
purchasing officer, or designee exercising |
emergency purchase authority under
this Code shall publish a |
written description and reasons and the total cost,
if known, |
or an estimate if unknown and the name of the responsible chief
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procurement officer and State purchasing officer, and the |
business or person
contracted with for all emergency purchases |
in
the next timely, practicable Bulletin. This notice must be |
posted in the online electronic Bulletin within 3 business days |
after the execution of the contract.
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(d) Other required disclosure. The applicable chief |
procurement officer
shall provide by rule for the organized |
publication of all other disclosure
required in other Sections |
of this Code in a timely manner. |
(e) The Department of Central Management Services, the |
Capital Development Board, the Department of Transportation, |
and the higher education chief procurement officer shall |
provide the Procurement Policy Board with the information and |
resources necessary, and in a manner, to effectuate the purpose |
of this amendatory Act of the 96th General Assembly. |
(Source: P.A. 94-1067, eff. 8-1-06; 95-536, eff. 1-1-08.)
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(Text of Section after amendment by P.A. 96-795) |
Sec. 15-25. Bulletin content. |
(a) Invitations for bids. Notice of each and every contract |
that is
offered, including renegotiated contracts and change |
orders,
shall be published in the Bulletin, and all businesses |
listed on the Department of Transportation Disadvantaged |
Business Enterprise Directory, the Department of Central |
Management Services Business Enterprise Program and Small |
Business Vendors Directory, and the Capital Development |
Board's Directory of Certified Minority and Female Business |
Enterprises shall be furnished written instructions and |
information on how to register on each Procurement Bulletin |
maintained by the State. Such information shall be provided to |
each business within 30 days after the business' notice of |
certification. The applicable chief procurement officer
may |
provide by rule an organized format for the publication of this
|
information, but in any case it must include at least the date |
first offered,
the date submission of offers is due, the |
location that offers are to be
submitted to, the purchasing |
State agency, the responsible State purchasing
officer, a brief |
purchase description, the method of source selection,
|
information of how to obtain a comprehensive purchase |
description and any
disclosure and contract forms, and |
encouragement to prospective vendors to hire qualified |
veterans, as defined by Section 45-67 of this Code, and |
qualified Illinois minorities, women, persons with |
|
disabilities, and residents discharged from any Illinois adult |
correctional center. |
(b) Contracts let or awarded. Notice of each and every |
contract that is let
or awarded, including renegotiated |
contracts and change orders, shall be issued electronically to |
those bidders or offerors submitting responses to the |
solicitations, inclusive of the unsuccessful bidders, |
immediately upon contract let. Failure of any chief procurement |
officer to give such notice shall result in tolling the time |
for filing a bid protest up to 5 business days. The apparent |
low bidder's award and all other bids from bidders responding |
to solicitations shall be posted on the agency's website the |
next business day
published in the next available subsequent |
Bulletin, and
the applicable chief procurement officer may |
provide by rule an organized
format for the publication
of
this |
information, but in any case it must include at least all of |
the
information specified in subsection (a), the name of the |
successful
responsible bidder or offeror, the contract price, |
the number of unsuccessful
responsive bidders, the information |
required in subsection (g) of Section 20-10 if applicable, and |
any other disclosure specified in any Section of this
Code. |
This notice must be posted in the online electronic Bulletin no |
later than 10 business days after the contract is awarded.
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(b-5) Contracts awarded. Notice of each and every contract |
that is awarded, including renegotiated contracts and change |
orders, shall be issued electronically to the successful |
|
responsible bidder or offeror, posted on the agency's website |
the next business day, and published in the next available |
subsequent Bulletin. The applicable chief procurement officer |
may provide by rule an organized format for the publication of |
this information, but in any case it must include at least all |
of the information specified in subsection (a) as well as the |
name of the successful responsible bidder or offeror, the |
contract price, the number of unsuccessful responsive bidders, |
and any other disclosure specified in any Section of this Code. |
This notice must be posted in the online electronic Bulletin |
prior to execution of the contract. |
(c) Emergency purchase disclosure. Any chief procurement |
officer or State
purchasing officer exercising emergency |
purchase authority under
this Code shall publish a written |
description and reasons and the total cost,
if known, or an |
estimate if unknown and the name of the responsible chief
|
procurement officer and State purchasing officer, and the |
business or person
contracted with for all emergency purchases |
in
the next timely, practicable Bulletin. This notice must be |
posted in the online electronic Bulletin no later than 3 |
business days after the contract is awarded.
Notice of a |
hearing to extend an emergency contract must be posted in the |
online electronic Procurement Bulletin no later than 5 business |
days prior to the hearing. |
(c-5) Business Enterprise Program report. Each purchasing |
agency shall post in the online electronic Bulletin a copy of |
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its annual report of utilization of businesses owned by |
minorities, females, and persons with disabilities as |
submitted to the Business Enterprise Council for Minorities, |
Females, and Persons with Disabilities pursuant to Section 6(c) |
of the Business Enterprise for Minorities, Females, and Persons |
with Disabilities Act within 10 business days after its |
submission of its report to the Council.
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(c-10) Renewals. Notice of each contract renewal shall be |
posted in the online electronic Bulletin within 10 business |
days of the determination to renew the contract and the next |
available subsequent Bulletin. The notice shall include at |
least all of the information required in subsection (b).
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(c-15) Sole source procurements. Before entering into a |
sole source contract, a chief procurement officer exercising |
sole source procurement authority under this Code shall publish |
a written description of intent to enter into a sole source |
contract along with a description of the item to be procured |
and the intended sole source contractor. This notice must be |
posted in the online electronic Procurement Bulletin before a |
sole source contract is awarded and at least 14 days before the |
hearing required by Section 20-25. |
(d) Other required disclosure. The applicable chief |
procurement officer
shall provide by rule for the organized |
publication of all other disclosure
required in other Sections |
of this Code in a timely manner. |
(e) The changes to subsections (b), (c), (c-5), (c-10), and |
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(c-15) of this Section made by this amendatory Act of the 96th |
General Assembly apply to reports submitted, offers made, and |
notices on contracts executed on or after its effective date.
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(f) The Department of Central Management Services, the |
Capital Development Board, the Department of Transportation, |
and the higher education chief procurement officer shall |
provide the Procurement Policy Board with the information and |
resources necessary, and in a manner, to effectuate the purpose |
of this amendatory Act of the 96th General Assembly. |
(Source: P.A. 95-536, eff. 1-1-08; 96-795, eff. 7-1-10 (see |
Section 5 of P.A. 96-793 for the effective date of changes made |
by P.A. 96-795).)
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Section 5. The Business Enterprise for Minorities, |
Females, and Persons with
Disabilities Act is amended by |
changing Section 9 as follows:
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(30 ILCS 575/9) (from Ch. 127, par. 132.609)
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(Section scheduled to be repealed on June 30, 2010)
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Sec. 9. This Act is repealed June 30, 2012 2010. |
(Source: P.A. 95-776, eff. 8-4-08.)
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Section 95. No acceleration or delay. Where this Act makes |
changes in a statute that is represented in this Act by text |
that is not yet or no longer in effect (for example, a Section |
represented by multiple versions), the use of that text does |