Sen. Kimberly A. Lightford
Filed: 5/4/2010
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1 | AMENDMENT TO HOUSE BILL 5065
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2 | AMENDMENT NO. ______. Amend House Bill 5065, AS AMENDED, by | ||||||
3 | replacing all of Section 3 with the following:
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4 | "Section 3. The Illinois Procurement Code is amended by | ||||||
5 | changing Sections 15-15 and 15-25 as follows: | ||||||
6 | (30 ILCS 500/15-15) | ||||||
7 | Sec. 15-15. Publication. All volumes of the Illinois | ||||||
8 | Procurement
Bulletin shall be published at least
once per | ||||||
9 | month. Any volume, including volumes available in print format,
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10 | shall be available through subscription for a
minimal fee not | ||||||
11 | exceeding
publication and distribution costs. The Illinois | ||||||
12 | Procurement
Bulletin shall be distributed free to
public | ||||||
13 | libraries within Illinois and electronically to any entity that | ||||||
14 | has subscribed on the publishing entity's website . | ||||||
15 | (Source: P.A. 90-572, eff. date - See Sec. 99-5.) |
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1 | (30 ILCS 500/15-25) | ||||||
2 | (Text of Section before amendment by P.A. 96-795 ) | ||||||
3 | Sec. 15-25. Bulletin content. | ||||||
4 | (a) Invitations for bids. Notice of each and every contract | ||||||
5 | that is
offered, including renegotiated contracts and change | ||||||
6 | orders,
shall be published in the Bulletin , and all businesses | ||||||
7 | listed on the Department of Transportation Disadvantaged | ||||||
8 | Business Enterprise Directory, the Department of Central | ||||||
9 | Management Services Business Enterprise Program and Small | ||||||
10 | Business Vendors Directory, and the Capital Development | ||||||
11 | Board's Directory of Certified Minority and Female Business | ||||||
12 | Enterprises shall be furnished written instructions and | ||||||
13 | information on how to register on each Procurement Bulletin | ||||||
14 | maintained by the State. Such information shall be provided to | ||||||
15 | each business within 30 days after the business' notice of | ||||||
16 | certification . The applicable chief procurement officer
may | ||||||
17 | provide by rule an organized format for the publication of this
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18 | information, but in any case it must include at least the date | ||||||
19 | first offered,
the date submission of offers is due, the | ||||||
20 | location that offers are to be
submitted to, the purchasing | ||||||
21 | State agency, the responsible State purchasing
officer, a brief | ||||||
22 | purchase description, the method of source selection,
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23 | information of how to obtain a comprehensive purchase | ||||||
24 | description and any
disclosure and contract forms, and | ||||||
25 | encouragement to prospective vendors to hire qualified | ||||||
26 | veterans, as defined by Section 45-67 of this Code, and |
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1 | qualified Illinois minorities, women, persons with | ||||||
2 | disabilities, and residents discharged from any Illinois adult | ||||||
3 | correctional center. | ||||||
4 | (b) Contracts let or awarded . Notice of each and every | ||||||
5 | contract that is let
or awarded , including renegotiated | ||||||
6 | contracts and change orders, shall be issued electronically to | ||||||
7 | those bidders or offerors submitting responses to the | ||||||
8 | solicitations, inclusive of the unsuccessful bidders, | ||||||
9 | immediately upon contract let. Failure of any chief procurement | ||||||
10 | officer to give such notice shall result in tolling the time | ||||||
11 | for filing a bid protest up to 5 business days. The apparent | ||||||
12 | low bidder's award and all other bids from bidders responding | ||||||
13 | to solicitations shall be posted on the agency's website the | ||||||
14 | next business day
published in the next available subsequent | ||||||
15 | Bulletin, and
the applicable chief procurement officer may | ||||||
16 | provide by rule an organized
format for the publication
of
this | ||||||
17 | information, but in any case it must include at least all of | ||||||
18 | the
information specified in subsection (a) as well as the name | ||||||
19 | of the successful
responsible bidder or offeror, the contract | ||||||
20 | price, the number of unsuccessful
responsive bidders, and any | ||||||
21 | other disclosure specified in any Section of this
Code. This | ||||||
22 | notice must be posted in the online electronic Bulletin prior | ||||||
23 | to execution of the contract .
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24 | (b-5) Contracts awarded. Notice of each and every contract | ||||||
25 | that is awarded, including renegotiated contracts and changes | ||||||
26 | orders, shall be issued electronically to the successful |
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1 | responsible bidder or offeror, posted on the agency's website | ||||||
2 | the next business day, and published in the next available | ||||||
3 | subsequent Bulletin. The applicable chief procurement officer | ||||||
4 | may provide by rule an organized format for the publication of | ||||||
5 | this information, but in any case it must include at least all | ||||||
6 | of the information specified in subsection (a) as well as the | ||||||
7 | name of the successful responsible bidder or offeror, the | ||||||
8 | contract price, the number of unsuccessful responsive bidders, | ||||||
9 | and any other disclosure specified in any Section of this Code. | ||||||
10 | This notice must be posted in the online electronic Bulletin | ||||||
11 | prior to execution of the contract. | ||||||
12 | (c) Emergency purchase disclosure. Any chief procurement | ||||||
13 | officer, State
purchasing officer, or designee exercising | ||||||
14 | emergency purchase authority under
this Code shall publish a | ||||||
15 | written description and reasons and the total cost,
if known, | ||||||
16 | or an estimate if unknown and the name of the responsible chief
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17 | procurement officer and State purchasing officer, and the | ||||||
18 | business or person
contracted with for all emergency purchases | ||||||
19 | in
the next timely, practicable Bulletin. This notice must be | ||||||
20 | posted in the online electronic Bulletin within 3 business days | ||||||
21 | after the execution of the contract.
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22 | (d) Other required disclosure. The applicable chief | ||||||
23 | procurement officer
shall provide by rule for the organized | ||||||
24 | publication of all other disclosure
required in other Sections | ||||||
25 | of this Code in a timely manner. | ||||||
26 | (e) The Department of Central Management Services, the |
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1 | Capital Development Board, the Department of Transportation, | ||||||
2 | and the higher education chief procurement officer shall | ||||||
3 | provide the Procurement Policy Board with the information and | ||||||
4 | resources necessary, and in a manner, to effectuate the purpose | ||||||
5 | of this amendatory Act of the 96th General Assembly. | ||||||
6 | (Source: P.A. 94-1067, eff. 8-1-06; 95-536, eff. 1-1-08.) | ||||||
7 | (Text of Section after amendment by P.A. 96-795 ) | ||||||
8 | Sec. 15-25. Bulletin content. | ||||||
9 | (a) Invitations for bids. Notice of each and every contract | ||||||
10 | that is
offered, including renegotiated contracts and change | ||||||
11 | orders,
shall be published in the Bulletin , and all businesses | ||||||
12 | listed on the Department of Transportation Disadvantaged | ||||||
13 | Business Enterprise Directory, the Department of Central | ||||||
14 | Management Services Business Enterprise Program and Small | ||||||
15 | Business Vendors Directory, and the Capital Development | ||||||
16 | Board's Directory of Certified Minority and Female Business | ||||||
17 | Enterprises shall be furnished written instructions and | ||||||
18 | information on how to register on each Procurement Bulletin | ||||||
19 | maintained by the State. Such information shall be provided to | ||||||
20 | each business within 30 days after the business' notice of | ||||||
21 | certification . The applicable chief procurement officer
may | ||||||
22 | provide by rule an organized format for the publication of this
| ||||||
23 | information, but in any case it must include at least the date | ||||||
24 | first offered,
the date submission of offers is due, the | ||||||
25 | location that offers are to be
submitted to, the purchasing |
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1 | State agency, the responsible State purchasing
officer, a brief | ||||||
2 | purchase description, the method of source selection,
| ||||||
3 | information of how to obtain a comprehensive purchase | ||||||
4 | description and any
disclosure and contract forms, and | ||||||
5 | encouragement to prospective vendors to hire qualified | ||||||
6 | veterans, as defined by Section 45-67 of this Code, and | ||||||
7 | qualified Illinois minorities, women, persons with | ||||||
8 | disabilities, and residents discharged from any Illinois adult | ||||||
9 | correctional center. | ||||||
10 | (b) Contracts let or awarded . Notice of each and every | ||||||
11 | contract that is let
or awarded , including renegotiated | ||||||
12 | contracts and change orders, shall be issued electronically to | ||||||
13 | those bidders or offerors submitting responses to the | ||||||
14 | solicitations, inclusive of the unsuccessful bidders, | ||||||
15 | immediately upon contract let. Failure of any chief procurement | ||||||
16 | officer to give such notice shall result in tolling the time | ||||||
17 | for filing a bid protest up to 5 business days. The apparent | ||||||
18 | low bidder's award and all other bids from bidders responding | ||||||
19 | to solicitations shall be posted on the agency's website the | ||||||
20 | next business day
published in the next available subsequent | ||||||
21 | Bulletin, and
the applicable chief procurement officer may | ||||||
22 | provide by rule an organized
format for the publication
of
this | ||||||
23 | information, but in any case it must include at least all of | ||||||
24 | the
information specified in subsection (a), the name of the | ||||||
25 | successful
responsible bidder or offeror, the contract price, | ||||||
26 | the number of unsuccessful
responsive bidders, the information |
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1 | required in subsection (g) of Section 20-10 if applicable, and | ||||||
2 | any other disclosure specified in any Section of this
Code. | ||||||
3 | This notice must be posted in the online electronic Bulletin no | ||||||
4 | later than 10 business days after the contract is awarded .
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5 | (b-5) Contracts awarded. Notice of each and every contract | ||||||
6 | that is awarded, including renegotiated contracts and changes | ||||||
7 | orders, shall be issued electronically to the successful | ||||||
8 | responsible bidder or offeror, posted on the agency's website | ||||||
9 | the next business day, and published in the next available | ||||||
10 | subsequent Bulletin. The applicable chief procurement officer | ||||||
11 | may provide by rule an organized format for the publication of | ||||||
12 | this information, but in any case it must include at least all | ||||||
13 | of the information specified in subsection (a) as well as the | ||||||
14 | name of the successful responsible bidder or offeror, the | ||||||
15 | contract price, the number of unsuccessful responsive bidders, | ||||||
16 | and any other disclosure specified in any Section of this Code. | ||||||
17 | This notice must be posted in the online electronic Bulletin | ||||||
18 | prior to execution of the contract. | ||||||
19 | (c) Emergency purchase disclosure. Any chief procurement | ||||||
20 | officer or State
purchasing officer exercising emergency | ||||||
21 | purchase authority under
this Code shall publish a written | ||||||
22 | description and reasons and the total cost,
if known, or an | ||||||
23 | estimate if unknown and the name of the responsible chief
| ||||||
24 | procurement officer and State purchasing officer, and the | ||||||
25 | business or person
contracted with for all emergency purchases | ||||||
26 | in
the next timely, practicable Bulletin. This notice must be |
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1 | posted in the online electronic Bulletin no later than 3 | ||||||
2 | business days after the contract is awarded.
Notice of a | ||||||
3 | hearing to extend an emergency contract must be posted in the | ||||||
4 | online electronic Procurement Bulletin no later than 5 business | ||||||
5 | days prior to the hearing. | ||||||
6 | (c-5) Business Enterprise Program report. Each purchasing | ||||||
7 | agency shall post in the online electronic Bulletin a copy of | ||||||
8 | its annual report of utilization of businesses owned by | ||||||
9 | minorities, females, and persons with disabilities as | ||||||
10 | submitted to the Business Enterprise Council for Minorities, | ||||||
11 | Females, and Persons with Disabilities pursuant to Section 6(c) | ||||||
12 | of the Business Enterprise for Minorities, Females, and Persons | ||||||
13 | with Disabilities Act within 10 business days after its | ||||||
14 | submission of its report to the Council.
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15 | (c-10) Renewals. Notice of each contract renewal shall be | ||||||
16 | posted in the online electronic Bulletin within 10 business | ||||||
17 | days of the determination to renew the contract and the next | ||||||
18 | available subsequent Bulletin. The notice shall include at | ||||||
19 | least all of the information required in subsection (b).
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20 | (c-15) Sole source procurements. Before entering into a | ||||||
21 | sole source contract, a chief procurement officer exercising | ||||||
22 | sole source procurement authority under this Code shall publish | ||||||
23 | a written description of intent to enter into a sole source | ||||||
24 | contract along with a description of the item to be procured | ||||||
25 | and the intended sole source contractor. This notice must be | ||||||
26 | posted in the online electronic Procurement Bulletin before a |
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1 | sole source contract is awarded and at least 14 days before the | ||||||
2 | hearing required by Section 20-25. | ||||||
3 | (d) Other required disclosure. The applicable chief | ||||||
4 | procurement officer
shall provide by rule for the organized | ||||||
5 | publication of all other disclosure
required in other Sections | ||||||
6 | of this Code in a timely manner. | ||||||
7 | (e) The changes to subsections (b), (c), (c-5), (c-10), and | ||||||
8 | (c-15) of this Section made by this amendatory Act of the 96th | ||||||
9 | General Assembly apply to reports submitted, offers made, and | ||||||
10 | notices on contracts executed on or after its effective date.
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11 | (f) The Department of Central Management Services, the | ||||||
12 | Capital Development Board, the Department of Transportation, | ||||||
13 | and the higher education chief procurement officer shall | ||||||
14 | provide the Procurement Policy Board with the information and | ||||||
15 | resources necessary, and in a manner, to effectuate the purpose | ||||||
16 | of this amendatory Act of the 96th General Assembly. | ||||||
17 | (Source: P.A. 95-536, eff. 1-1-08; 96-795, eff. 7-1-10 (see | ||||||
18 | Section 5 of P.A. 96-793 for the effective date of changes made | ||||||
19 | by P.A. 96-795).)".
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