Public Act 096-1444
 
HB5065 EnrolledLRB096 17378 RCE 32730 b

    AN ACT concerning finance.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 3. The Illinois Procurement Code is amended by
changing Sections 15-15 and 15-25 as follows:
 
    (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,
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.)
 
    (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
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) 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.
    (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, 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
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.
    (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.)
 
    (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.
    (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
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.
    (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).
    (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
(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.
    (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).)
 
    Section 5. The Business Enterprise for Minorities,
Females, and Persons with Disabilities Act is amended by
changing Section 9 as follows:
 
    (30 ILCS 575/9)  (from Ch. 127, par. 132.609)
    (Section scheduled to be repealed on June 30, 2010)
    Sec. 9. This Act is repealed June 30, 2012 2010.
(Source: P.A. 95-776, eff. 8-4-08.)
 
    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
not accelerate or delay the taking effect of (i) the changes
made by this Act or (ii) provisions derived from any other
Public Act.
 
    Section 99. Effective date. This Act takes effect upon
becoming law.