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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
SB1620
Introduced 2/9/2007, by Sen. Jeffrey M. Schoenberg SYNOPSIS AS INTRODUCED:
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Amends the Illinois Procurement Code. Authorizes State agencies to use a reverse auction method of procuring needed supplies and services other than road projects, construction projects, and human services items. Provides that the use must be in accordance with rules adopted by the chief procurement officers.
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A BILL FOR
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SB1620 |
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LRB095 10190 JAM 30404 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 5. The Illinois Procurement Code is amended by |
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| changing Section 20-10 as follows:
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| (30 ILCS 500/20-10)
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| Sec. 20-10. Competitive sealed bidding.
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| (a) Conditions for use. All contracts shall be awarded by
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| competitive sealed bidding
except as otherwise provided in |
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| Section 20-5.
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| (b) Invitation for bids. An invitation for bids shall be
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| issued and shall include a
purchase description and the |
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| material contractual terms and
conditions applicable to the
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| procurement.
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| (c) Public notice. Public notice of the invitation for bids |
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| shall be
published in the Illinois Procurement Bulletin at |
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| least 14 days before the date
set in the invitation for the |
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| opening of bids.
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| (d) Bid opening. Bids shall be opened publicly in the
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| presence of one or more witnesses
at the time and place |
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| designated in the invitation for bids. The
name of each bidder, |
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| the amount
of each bid, and other relevant information as may |
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| be specified by
rule shall be
recorded. After the award of the |
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SB1620 |
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LRB095 10190 JAM 30404 b |
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| contract, the winning bid and the
record of each unsuccessful |
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| bid shall be open to
public inspection.
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| (e) Bid acceptance and bid evaluation. Bids shall be
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| unconditionally accepted without
alteration or correction, |
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| except as authorized in this Code. Bids
shall be evaluated |
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| based on the
requirements set forth in the invitation for bids, |
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| which may
include criteria to determine
acceptability such as |
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| inspection, testing, quality, workmanship,
delivery, and |
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| suitability for a
particular purpose. Those criteria that will |
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| affect the bid price
and be considered in evaluation
for award, |
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| such as discounts, transportation costs, and total or
life |
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| cycle costs, shall be
objectively measurable. The invitation |
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| for bids shall set forth
the evaluation criteria to be used.
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| (f) Correction or withdrawal of bids. Correction or
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| withdrawal of inadvertently
erroneous bids before or after |
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| award, or cancellation of awards of
contracts based on bid
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| mistakes, shall be permitted in accordance with rules.
After |
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| bid opening, no
changes in bid prices or other provisions of |
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| bids prejudicial to
the interest of the State or fair
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| competition shall be permitted. All decisions to permit the
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| correction or withdrawal of bids
based on bid mistakes shall be |
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| supported by written determination
made by a State purchasing |
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| officer.
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| (g) Award. The contract shall be awarded with reasonable
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| promptness by written notice
to the lowest responsible and |
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| responsive bidder whose bid meets
the requirements and criteria
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SB1620 |
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LRB095 10190 JAM 30404 b |
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| set forth in the invitation for bids, except when a State |
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| purchasing officer
determines it is not in the best interest of |
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| the State and by written
explanation determines another bidder |
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| shall receive the award. The explanation
shall appear in the |
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| appropriate volume of the Illinois Procurement Bulletin.
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| (h) Multi-step sealed bidding. When it is considered
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| impracticable to initially prepare
a purchase description to |
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| support an award based on price, an
invitation for bids may be |
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| issued
requesting the submission of unpriced offers to be |
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| followed by an
invitation for bids limited to
those bidders |
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| whose offers have been qualified under the criteria
set forth |
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| in the first solicitation.
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| (i) Reverse auctions. In accordance with rules adopted by |
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| each chief procurement officer, the appropriate State |
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| purchasing officer may procure needed supplies or services |
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| through a reverse auction technique that would allow responsive |
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| and responsible bidders to adjust prices downward during the |
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| competitive sealed bidding process. The reverse auction shall |
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| follow all of the requirements of subsections (a) through (h) |
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| of this Section but may allow for the electronic submission, |
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| revision, and display of prices during the period of the |
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| reverse auction. The names of the vendors participating shall |
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| be disclosed, but their names need not be displayed with their |
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| associated pricing until after the conclusion of a successful |
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| auction. This subsection does not apply to contracts for road |
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| and construction projects and to contracts for human services |