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1 | AN ACT concerning finance.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Governmental Joint Purchasing Act is amended | ||||||
5 | by changing Sections 2, 3, and 4 as follows:
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6 | (30 ILCS 525/2) (from Ch. 85, par. 1602)
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7 | Sec. 2. Joint purchasing authority. | ||||||
8 | (a) Any governmental unit may purchase personal property, | ||||||
9 | supplies
and services jointly with one or more other | ||||||
10 | governmental units. All such joint
purchases shall be by | ||||||
11 | competitive bids as provided in Section 4 of this Act.
The | ||||||
12 | provisions of any other acts under which a governmental unit | ||||||
13 | operates which
refer to purchases and procedures in connection | ||||||
14 | therewith shall be superseded
by the provisions of this Act | ||||||
15 | when the governmental units are exercising the
joint powers | ||||||
16 | created by this Act.
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17 | (a-5) The Department of Central Management Services may | ||||||
18 | purchase personal property, supplies, and services jointly | ||||||
19 | with a governmental entity of another state or with a | ||||||
20 | consortium of governmental entities of one or more other | ||||||
21 | states. Subject to provisions of the joint purchasing | ||||||
22 | solicitation, the Department of Central Management Services | ||||||
23 | may designate the resulting contract as available to |
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1 | governmental units in Illinois. | ||||||
2 | (b) Any not-for-profit agency that qualifies under Section | ||||||
3 | 45-35 of the Illinois Procurement Code 7-1 of the
Illinois | ||||||
4 | Purchasing Act and that either (1) acts pursuant to a board
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5 | established by or controlled by a unit of local government or | ||||||
6 | (2) receives
grant funds from the State or from a unit of local | ||||||
7 | government, shall be
eligible to participate in contracts | ||||||
8 | established by the State.
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9 | (Source: P.A. 87-960.)
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10 | (30 ILCS 525/3) (from Ch. 85, par. 1603)
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11 | Sec. 3. Conduct of bid-letting. Under any Any agreement of | ||||||
12 | the governmental units that which desire to make joint
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13 | purchases pursuant to subsection (a) of Section 2 , one of the | ||||||
14 | governmental units shall conduct the letting of bids.
Where the | ||||||
15 | State of Illinois is a party to the joint purchase agreement, | ||||||
16 | the
Department of Central Management Services shall conduct the | ||||||
17 | letting of
bids. Expenses of such bid-letting may be shared by | ||||||
18 | the participating
governmental units in proportion to the | ||||||
19 | amount of personal property,
supplies or services each unit | ||||||
20 | purchases.
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21 | When the State of Illinois is a party to the joint
purchase | ||||||
22 | agreement pursuant to subsection (a) of Section 2 , the | ||||||
23 | acceptance of bids shall be in
accordance with the Illinois | ||||||
24 | Procurement Code and
rules promulgated under that Code. When | ||||||
25 | the State of
Illinois is not a party to the joint purchase |
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1 | agreement, the
acceptance of bids shall be governed by the | ||||||
2 | agreement.
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3 | When the State of Illinois is a party to a joint purchase | ||||||
4 | agreement pursuant to subsection (a-5) of Section 2, the State | ||||||
5 | may act as the lead state or as a participant state. When the | ||||||
6 | State of Illinois is the lead state, all such joint purchases | ||||||
7 | shall be conducted in accordance with the Illinois Procurement | ||||||
8 | Code. When Illinois is a participant state, all such joint | ||||||
9 | purchases shall be conducted in accordance with the procurement | ||||||
10 | laws of the lead state; provided that all such joint | ||||||
11 | procurements must be by competitive sealed bid. All resulting | ||||||
12 | awards shall be published in the appropriate volume of the | ||||||
13 | Illinois Procurement Bulletin as may be required by Illinois | ||||||
14 | law governing publication of the solicitation, protest, and | ||||||
15 | award of Illinois State contracts. Contracts resulting from a | ||||||
16 | joint purchase shall contain all provisions required by | ||||||
17 | Illinois law and rule. | ||||||
18 | The personal
property, supplies or services involved shall | ||||||
19 | be distributed or rendered
directly to each governmental unit | ||||||
20 | taking part in the purchase. The person
selling the personal | ||||||
21 | property, supplies or services may bill each
governmental unit | ||||||
22 | separately for its proportionate share of the cost of the
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23 | personal property, supplies or services purchased.
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24 | The credit or liability of each governmental unit shall | ||||||
25 | remain separate
and distinct. Disputes between bidders and | ||||||
26 | governmental units shall be resolved
between the immediate |
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1 | parties.
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2 | (Source: P.A. 90-572, eff. date - See Sec. 99-5.)
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3 | (30 ILCS 525/4) (from Ch. 85, par. 1604)
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4 | Sec. 4. Bids. The purchases of all personal property, | ||||||
5 | supplies and services under
this Act shall be based on | ||||||
6 | competitive, sealed bids. For purchases pursuant to subsection | ||||||
7 | (a) of Section 2, bids Bids shall be
solicited by public notice | ||||||
8 | inserted at least once in a newspaper of general
circulation in | ||||||
9 | one of the counties where the materials are to be used and
at | ||||||
10 | least 5 calendar days before the final date of submitting bids. | ||||||
11 | Where
the State of Illinois is a party to the joint purchase | ||||||
12 | agreement, public
notice soliciting the bids shall be inserted | ||||||
13 | in the appropriate volume of the Illinois Procurement Bulletin | ||||||
14 | official newspaper of
the State . Such notice shall include a | ||||||
15 | general description of the personal
property, supplies or | ||||||
16 | services to be purchased and shall state where all
blanks and | ||||||
17 | specifications may be obtained and the time and place for the
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18 | opening of bids. The governmental unit conducting the | ||||||
19 | bid-letting may also
solicit sealed bids by sending requests by | ||||||
20 | mail to prospective suppliers
and by posting notices on a | ||||||
21 | public bulletin board in its office.
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22 | All purchases, orders or contracts shall be awarded to the | ||||||
23 | lowest
responsible bidder, taking into consideration the | ||||||
24 | qualities of the articles
or services supplied, their | ||||||
25 | conformity with the specifications, their
suitability to the |
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1 | requirements of the participating governmental units and
the | ||||||
2 | delivery terms.
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3 | Where the State of Illinois is not a party, all bids may be | ||||||
4 | rejected and
new bids solicited if one or more of the | ||||||
5 | participating governmental units
believes the public interest | ||||||
6 | may be served thereby. Each bid, with the name
of the bidder, | ||||||
7 | shall be entered on a record, which record with the
successful | ||||||
8 | bid indicated thereon shall, after the award of the purchase or
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9 | order or contract, be open to public inspection. A copy of all | ||||||
10 | contracts
shall be filed with the purchasing agent or clerk or | ||||||
11 | secretary of each
participating governmental unit.
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12 | (Source: P.A. 76-641.)
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13 | Section 99. Effective date. This Act takes effect January | ||||||
14 | 1, 2010.
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