98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB5652

 

Introduced , by Rep. Adam Brown

 

SYNOPSIS AS INTRODUCED:
 
30 ILCS 500/20-30

    Amends the Illinois Procurement Code. Provides for the identification and reporting of emergency purchases caused by agency process failures or delays; specifies the information to be reported. Effective immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning finance.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Procurement Code is amended by
5changing Section 20-30 as follows:
 
6    (30 ILCS 500/20-30)
7    Sec. 20-30. Emergency purchases.
8    (a) Conditions for use. In accordance with standards set by
9rule, a purchasing agency may make emergency procurements
10without competitive sealed bidding or prior notice when there
11exists a threat to public health or public safety, or when
12immediate expenditure is necessary for repairs to State
13property in order to protect against further loss of or damage
14to State property, to prevent or minimize serious disruption in
15critical State services that affect health, safety, or
16collection of substantial State revenues, or to ensure the
17integrity of State records; provided, however, that the term of
18the emergency purchase shall be limited to the time reasonably
19needed for a competitive procurement, not to exceed 90 days.
20Emergencies caused by agency process failures or delays shall
21be categorized as such and shall be reported to the Procurement
22Policy Board in a form prescribed by the Board no later than 5
23business days after selection. The prescribed form shall

 

 

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1include at minimum the agency, product or service, selected
2vendor and the agency procurement officer responsible for the
3selection. A contract may be extended beyond 90 days if the
4chief procurement officer determines additional time is
5necessary and that the contract scope and duration are limited
6to the emergency. Prior to execution of the extension, the
7chief procurement officer must hold a public hearing and
8provide written justification for all emergency contracts.
9Members of the public may present testimony. Emergency
10procurements shall be made with as much competition as is
11practicable under the circumstances. A written description of
12the basis for the emergency and reasons for the selection of
13the particular contractor shall be included in the contract
14file.
15    (b) Notice. Notice of all emergency procurements shall be
16provided to the Procurement Policy Board and published in the
17online electronic Bulletin no later than 3 business days after
18the contract is awarded. Notice of intent to extend an
19emergency contract shall be provided to the Procurement Policy
20Board and published in the online electronic Bulletin at least
2114 days before the public hearing. Notice shall include at
22least a description of the need for the emergency purchase, the
23contractor, and if applicable, the date, time, and location of
24the public hearing. A copy of this notice and all documents
25provided at the hearing shall be included in the subsequent
26Procurement Bulletin. Before the next appropriate volume of the

 

 

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1Illinois Procurement Bulletin, the purchasing agency shall
2publish in the Illinois Procurement Bulletin a copy of each
3written description and reasons and the total cost of each
4emergency procurement made during the previous month. When only
5an estimate of the total cost is known at the time of
6publication, the estimate shall be identified as an estimate
7and published. When the actual total cost is determined, it
8shall also be published in like manner before the 10th day of
9the next succeeding month.
10    (c) Affidavits. A chief procurement officer making a
11procurement under this Section shall file affidavits with the
12Procurement Policy Board and the Auditor General within 10 days
13after the procurement setting forth the amount expended, the
14name of the contractor involved, and the conditions and
15circumstances requiring the emergency procurement. When only
16an estimate of the cost is available within 10 days after the
17procurement, the actual cost shall be reported immediately
18after it is determined. At the end of each fiscal quarter, the
19Auditor General shall file with the Legislative Audit
20Commission and the Governor a complete listing of all emergency
21procurements reported during that fiscal quarter. The
22Legislative Audit Commission shall review the emergency
23procurements so reported and, in its annual reports, advise the
24General Assembly of procurements that appear to constitute an
25abuse of this Section.
26    (d) Quick purchases. The chief procurement officer may

 

 

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1promulgate rules extending the circumstances by which a
2purchasing agency may make purchases under this Section,
3including but not limited to the procurement of items available
4at a discount for a limited period of time.
5    (e) The changes to this Section made by this amendatory Act
6of the 96th General Assembly apply to procurements executed on
7or after its effective date.
8(Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793
9for the effective date of changes made by P.A. 96-795).)
 
10    Section 99. Effective date. This Act takes effect upon
11becoming law.