HB2303eng 103RD GENERAL ASSEMBLY

HB2303 Engrossed LRB103 27450 DTM 53822 b

AN ACT concerning finance.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Governmental Joint Purchasing Act is amended by changing Section 4.05 as follows:

(30 ILCS 525/4.05)

Sec. 4.05. Other methods of joint purchases.

(a) It may be determined that it is impractical to obtain competition because either (i) there is only one economically-feasible source for the item, or (ii) there is a threat to public health or public safety, or when immediate expenditure is necessary to prevent or minimize serious disruption in critical State services that affect health, safety, or collection of substantial State revenues, or to ensure the integrity of State records, or (iii) it is in the best interest of the State to award a contract to a qualified not-for-profit agency for persons with significant disabilities under Section 45-35 of the Illinois Procurement Code.

(b) When the State of Illinois is a party to the joint purchase agreement, the applicable chief procurement officer shall make a determination whether (i) there is only one economically feasible source for the item, or (ii) that there exists a threat to public health or public safety or that immediate expenditure is necessary to prevent or minimize serious disruption in critical State services, or (iii) the contract is eligible to be awarded to a not-for-profit agency for persons with significant disabilities under Section 45-35 of the Illinois Procurement Code.

(c) When there is only one economically feasible source for the item, the chief procurement officer may authorize a sole economically-feasible source contract. When there exists a threat to public health or public safety or when immediate expenditure is necessary to prevent or minimize serious disruption in critical State services, the chief procurement officer may authorize an emergency procurement without competitive sealed bidding or competitive sealed proposals or prior notice. When an agency requests to award a contract to a not-for-profit agency for persons with significant disabilities under to Section 45-35 of the Illinois Procurement Code, the chief procurement officer may authorize the award.

(d) All joint purchases made pursuant to this Section shall follow the same procedures for sole source contracts in the Illinois Procurement Code when the chief procurement officer determines there is only one economically-feasible source for the item. All joint purchases made pursuant to this Section shall follow the same procedures for emergency purchases in the Illinois Procurement Code when the chief procurement officer determines immediate expenditure is necessary to prevent or minimize serious disruption in critical State services that affect health, safety, or collection of substantial State revenues, or to ensure the integrity of State records. All joint purchases made under this Section shall follow the same procedures for not-for-profit agencies for persons with significant disabilities under to Section 45-35 of the Illinois Procurement Code when the chief procurement officer determines that it is in the best interest of the State.

(e) Each chief procurement officer shall submit to the General Assembly by November 1 of each year a report of procurements made under this Section.

(Source: P.A. 100-43, eff. 8-9-17.)