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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 | ||||||
| 5 | amended by changing Section 4.05 as follows: | ||||||
| 6 | (30 ILCS 525/4.05) | ||||||
| 7 | Sec. 4.05. Other methods of joint purchases. | ||||||
| 8 | (a) It may be determined that it is impractical to obtain | ||||||
| 9 | competition because either (i) there is only one | ||||||
| 10 | economically-feasible source for the item, or (ii) there is a | ||||||
| 11 | threat to public health or public safety, or when immediate | ||||||
| 12 | expenditure is necessary to prevent or minimize serious | ||||||
| 13 | disruption in critical State services that affect health, | ||||||
| 14 | safety, or collection of substantial State revenues, or to | ||||||
| 15 | ensure the integrity of State records, or (iii) it is in the | ||||||
| 16 | best interest of the State to award a contract to a qualified | ||||||
| 17 | not-for-profit agency for persons with significant | ||||||
| 18 | disabilities under Section 45-35 of the Illinois Procurement | ||||||
| 19 | Code. | ||||||
| 20 | (b) When the State of Illinois is a party to the joint | ||||||
| 21 | purchase agreement, the applicable chief procurement officer | ||||||
| 22 | shall make a determination whether (i) there is only one | ||||||
| 23 | economically feasible source for the item, or (ii) that there | ||||||
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| 1 | exists a threat to public health or public safety or that | ||||||
| 2 | immediate expenditure is necessary to prevent or minimize | ||||||
| 3 | serious disruption in critical State services, or (iii) the | ||||||
| 4 | contract is eligible to be awarded to a not-for-profit agency | ||||||
| 5 | for persons with significant disabilities under Section 45-35 | ||||||
| 6 | of the Illinois Procurement Code. | ||||||
| 7 | (c) When there is only one economically feasible source | ||||||
| 8 | for the item, the chief procurement officer may authorize a | ||||||
| 9 | sole economically-feasible source contract. When there exists | ||||||
| 10 | a threat to public health or public safety or when immediate | ||||||
| 11 | expenditure is necessary to prevent or minimize serious | ||||||
| 12 | disruption in critical State services, the chief procurement | ||||||
| 13 | officer may authorize an emergency procurement without | ||||||
| 14 | competitive sealed bidding or competitive sealed proposals or | ||||||
| 15 | prior notice. When an agency requests to award a contract to a | ||||||
| 16 | not-for-profit agency for persons with significant | ||||||
| 17 | disabilities under to Section 45-35 of the Illinois | ||||||
| 18 | Procurement Code, the chief procurement officer may authorize | ||||||
| 19 | the award. | ||||||
| 20 | (d) All joint purchases made pursuant to this Section | ||||||
| 21 | shall follow the same procedures for sole source contracts in | ||||||
| 22 | the Illinois Procurement Code when the chief procurement | ||||||
| 23 | officer determines there is only one economically-feasible | ||||||
| 24 | source for the item. All joint purchases made pursuant to this | ||||||
| 25 | Section shall follow the same procedures for emergency | ||||||
| 26 | purchases in the Illinois Procurement Code when the chief | ||||||
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| 1 | procurement officer determines immediate expenditure is | ||||||
| 2 | necessary to prevent or minimize serious disruption in | ||||||
| 3 | critical State services that affect health, safety, or | ||||||
| 4 | collection of substantial State revenues, or to ensure the | ||||||
| 5 | integrity of State records. All joint purchases made under | ||||||
| 6 | this Section shall follow the same procedures for | ||||||
| 7 | not-for-profit agencies for persons with significant | ||||||
| 8 | disabilities under to Section 45-35 of the Illinois | ||||||
| 9 | Procurement Code when the chief procurement officer determines | ||||||
| 10 | that it is in the best interest of the State. | ||||||
| 11 | (e) Each chief procurement officer shall submit to the | ||||||
| 12 | General Assembly by November 1 of each year a report of | ||||||
| 13 | procurements made under this Section.
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| 14 | (Source: P.A. 100-43, eff. 8-9-17.)
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