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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 Illinois Procurement Code is amended by | ||||||
| 5 | changing Section 20-10 as follows:
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| 6 | (30 ILCS 500/20-10)
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| 7 | Sec. 20-10. Competitive sealed bidding.
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| 8 | (a) Conditions for use. All contracts shall be awarded by
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| 9 | competitive sealed bidding
except as otherwise provided in | ||||||
| 10 | Section 20-5.
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| 11 | (b) Invitation for bids. An invitation for bids shall be
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| 12 | issued and shall include a
purchase description and the | ||||||
| 13 | material contractual terms and
conditions applicable to the
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| 14 | procurement.
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| 15 | (c) Public notice. Public notice of the invitation for bids | ||||||
| 16 | shall be
published in the Illinois Procurement Bulletin at | ||||||
| 17 | least 14 days before the date
set in the invitation for the | ||||||
| 18 | opening of bids.
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| 19 | (d) Bid opening. Bids shall be opened publicly in the
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| 20 | presence of one or more witnesses
at the time and place | ||||||
| 21 | designated in the invitation for bids. The
name of each bidder, | ||||||
| 22 | the amount
of each bid, and other relevant information as may | ||||||
| 23 | be specified by
rule shall be
recorded. After the award of the | ||||||
| 24 | contract, the winning bid and the
record of each unsuccessful | ||||||
| 25 | bid shall be open to
public inspection.
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| 26 | (e) Bid acceptance and bid evaluation. Bids shall be
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| 27 | unconditionally accepted without
alteration or correction, | ||||||
| 28 | except as authorized in this Code. Bids
shall be evaluated | ||||||
| 29 | based on the
requirements set forth in the invitation for bids, | ||||||
| 30 | which may
include criteria to determine
acceptability such as | ||||||
| 31 | inspection, testing, quality, workmanship,
delivery, and | ||||||
| 32 | suitability for a
particular purpose. Those criteria that will | ||||||
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| 1 | affect the bid price
and be considered in evaluation
for award, | ||||||
| 2 | such as discounts, transportation costs, and total or
life | ||||||
| 3 | cycle costs, shall be
objectively measurable. The invitation | ||||||
| 4 | for bids shall set forth
the evaluation criteria to be used.
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| 5 | (f) Correction or withdrawal of bids. Correction or
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| 6 | withdrawal of inadvertently
erroneous bids before or after | ||||||
| 7 | award, or cancellation of awards of
contracts based on bid
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| 8 | mistakes, shall be permitted in accordance with rules.
After | ||||||
| 9 | bid opening, no
changes in bid prices or other provisions of | ||||||
| 10 | bids prejudicial to
the interest of the State or fair
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| 11 | competition shall be permitted. All decisions to permit the
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| 12 | correction or withdrawal of bids
based on bid mistakes shall be | ||||||
| 13 | supported by written determination
made by a State purchasing | ||||||
| 14 | officer.
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| 15 | (g) Award. The contract shall be awarded with reasonable
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| 16 | promptness by written notice
to the lowest responsible and | ||||||
| 17 | responsive bidder whose bid meets
the requirements and criteria
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| 18 | set forth in the invitation for bids, except when a State | ||||||
| 19 | purchasing officer
determines it is not in the best interest of | ||||||
| 20 | the State and by written
explanation determines another bidder | ||||||
| 21 | shall receive the award. The explanation
shall appear in the | ||||||
| 22 | appropriate volume of the Illinois Procurement Bulletin.
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| 23 | (h) Multi-step sealed bidding. When it is considered
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| 24 | impracticable to initially prepare
a purchase description to | ||||||
| 25 | support an award based on price, an
invitation for bids may be | ||||||
| 26 | issued
requesting the submission of unpriced offers to be | ||||||
| 27 | followed by an
invitation for bids limited to
those bidders | ||||||
| 28 | whose offers have been qualified under the criteria
set forth | ||||||
| 29 | in the first solicitation.
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| 30 | (i) Reverse auctions. In accordance with rules adopted by | ||||||
| 31 | each chief procurement officer, the appropriate State | ||||||
| 32 | purchasing officer may procure needed supplies or services | ||||||
| 33 | through a reverse auction technique that would allow responsive | ||||||
| 34 | and responsible bidders to adjust prices downward during the | ||||||
| 35 | competitive sealed bidding process. The reverse auction shall | ||||||
| 36 | follow all of the requirements of subsections (a) through (h) | ||||||
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| 1 | of this Section but may allow for the electronic submission, | ||||||
| 2 | revision, and display of prices during the period of the | ||||||
| 3 | reverse auction. The names of the vendors participating shall | ||||||
| 4 | be disclosed, but their names need not be displayed with their | ||||||
| 5 | associated pricing until after the conclusion of a successful | ||||||
| 6 | auction. This subsection does not apply to contracts for road | ||||||
| 7 | and construction projects and to contracts for human services | ||||||
| 8 | items.
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| 9 | (Source: P.A. 90-572, eff. date - See Sec. 99-5.)
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| 10 | Section 99. Effective date. This Act takes effect upon | ||||||
| 11 | becoming law.
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