093_SB1647eng

 
SB1647 Engrossed                     LRB093 09593 JAM 09831 b

 1        AN ACT concerning procurement.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.   The  Counties  Code  is amended by changing
 5    Section 5-1022 and adding Section 5-1022.5 as follows:

 6        (55 ILCS 5/5-1022) (from Ch. 34, par. 5-1022)
 7        Sec. 5-1022. Competitive bids.
 8        (a)  Any purchase by a county with fewer  than  2,000,000
 9    inhabitants  of services, materials, equipment or supplies in
10    excess of $10,000, other than professional services, shall be
11    contracted for in one of the following ways:
12             (1)  by a contract let  to  the  lowest  responsible
13        bidder   after   advertising  for  bids  in  a  newspaper
14        published within  the  county  or,  if  no  newspaper  is
15        published  within  the  county,  then  a newspaper having
16        general circulation within the county; or
17             (2)  by a contract let without advertising for  bids
18        in  the  case of an emergency if authorized by the county
19        board; or.
20             (3)  in accordance with Section 5-1022.5.
21        (b)  In determining the lowest  responsible  bidder,  the
22    county  board  shall take into consideration the qualities of
23    the   articles   supplied;   their   conformity   with    the
24    specifications;  their suitability to the requirements of the
25    county, availability of support services; uniqueness  of  the
26    service,  materials,  equipment, or supplies as it applies to
27    networked,  integrated  computer  systems;  compatibility  to
28    existing equipment; and the delivery terms.  The county board
29    also may take  into  consideration  whether  a  bidder  is  a
30    private  enterprise  or  a  State-controlled  enterprise and,
31    notwithstanding any other provision  of  this  Section  or  a
 
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 1    lower  bid  by  a  State-controlled  enterprise,  may  let  a
 2    contract  to  the lowest responsible bidder that is a private
 3    enterprise.
 4        (c)  This Section does not apply to contracts by a county
 5    with  the  federal  government  or  to  purchases   of   used
 6    equipment, purchases at auction or similar transactions which
 7    by  their  very  nature are not suitable to competitive bids,
 8    pursuant to an ordinance adopted by the county board.
 9        (d)  Notwithstanding the provisions of  this  Section,  a
10    county  may  let  without advertising for bids in the case of
11    purchases and contracts, when individual orders do not exceed
12    $25,000,  for  the  use,  purchase,  delivery,  movement,  or
13    installation  of  data  processing  equipment,  software,  or
14    services and telecommunications and inter-connect  equipment,
15    software, and services.
16    (Source: P.A. 90-517, eff. 8-22-97.)

17        (55 ILCS 5/5-1022.5 new)
18        Sec. 5-1022.5.  Competitive sealed proposals.
19        (a)  Conditions  for  use.   When  provided  by ordinance
20    adopted by the county board, or when  the  purchasing  agency
21    determines  in  writing  that  the  use of competitive sealed
22    bidding is either not practicable or not advantageous to  the
23    county,  a contract may be entered into by competitive sealed
24    proposals.
25        (b)  Request for proposals.  Proposals shall be solicited
26    through a request for proposals.
27        (c)  Public notice.  Public notice  of  the  request  for
28    proposals  shall  be  published  in  a  newspaper  in general
29    circulation in the county at least 14 days  before  the  date
30    set in the invitation for the opening of proposals.
31        (d)  Receipt  of  proposals.   Proposals  shall be opened
32    publicly in the presence of one or more witnesses at the time
33    and place  designated  in  the  request  for  proposals,  but
 
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 1    proposals  shall be opened in a manner to avoid disclosure of
 2    contents  to  competing  offerors  during  the   process   of
 3    negotiation.   A  record  of  proposals shall be prepared and
 4    shall be open for public inspection after contract  award  in
 5    the county clerk's office.
 6        (e)  Evaluation  factors.   The  requests  for  proposals
 7    shall  state  the  relative  importance  of  price  and other
 8    evaluation factors.  Proposals shall be submitted in 2 parts:
 9    the first, covering  items  except  price;  and  the  second,
10    covering  price.   The  first  part of all proposals shall be
11    evaluated and ranked independently of the second part of  all
12    proposals.
13        (f)  Discussion  with  responsible offerors and revisions
14    of proposals.  As provided in the request for  proposals  and
15    under  rules,  discussions  may be conducted with responsible
16    offerors who submit proposals  determined  to  be  reasonably
17    susceptible  of  being  selected for award for the purpose of
18    clarifying   and   assuring   full   understanding   of   and
19    responsiveness  to  the  solicitation  requirements.    Those
20    offerors  shall  be  accorded  fair  and equal treatment with
21    respect to any opportunity for  discussion  and  revision  of
22    proposals.   Revisions  may be permitted after submission and
23    before award for the purpose  of  obtaining  best  and  final
24    offers.    In   conducting  discussions  there  shall  be  no
25    disclosure  of  any  information   derived   from   proposals
26    submitted by competing offerors.  If information is disclosed
27    to  any  offeror,  it  shall  be  provided  to  all competing
28    offerors.
29        (g)  Award.  Awards shall  be  made  to  the  responsible
30    offeror  whose  proposal  is  determined in writing to be the
31    most advantageous to the county,  taking  into  consideration
32    price and the evaluation factors set forth in the request for
33    proposals. The contract file shall contain the basis on which
34    the award is made.