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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
SB3101
Introduced 2/6/2004, by Jeffrey M. Schoenberg SYNOPSIS AS INTRODUCED:
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Amends the Illinois Procurement Code. Requires that the competitive sealed bid method of selection include, when practical, a reverse auction period when responsive bidders may lower their bids. Effective immediately.
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| FISCAL NOTE ACT MAY APPLY | |
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A BILL FOR
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SB3101 |
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LRB093 20983 JAM 46982 b |
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| AN ACT concerning procurement.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Procurement Code is amended by |
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| changing Section 20-10 as follows:
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| (30 ILCS 500/20-10)
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| Sec. 20-10. Competitive sealed bidding.
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| (a) Conditions for use. All contracts shall be awarded by
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| competitive sealed bidding
except as otherwise provided in |
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| Section 20-5.
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| (b) Invitation for bids. An invitation for bids shall be
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| issued and shall include a
purchase description and the |
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| material contractual terms and
conditions applicable to the
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| procurement.
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| (c) Public notice. Public notice of the invitation for bids |
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| shall be
published in the Illinois Procurement Bulletin at |
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| least 14 days before the date
set in the invitation for the |
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| opening of bids.
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| (d) Bid opening. Bids shall be opened publicly in the
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| presence of one or more witnesses
at the time and place |
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| designated in the invitation for bids. The
name of each bidder, |
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| the amount
of each bid, and other relevant information as may |
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| be specified by
rule shall be
recorded. After the award of the |
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| contract, the winning bid and the
record of each unsuccessful |
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| bid shall be open to
public inspection.
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| (e) Bid acceptance and bid evaluation. Bids shall be
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| unconditionally accepted without
alteration or correction, |
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| except as authorized in this Code. Bids
shall be evaluated |
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| based on the
requirements set forth in the invitation for bids, |
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| which may
include criteria to determine
acceptability such as |
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| inspection, testing, quality, workmanship,
delivery, and |
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| suitability for a
particular purpose. Those criteria that will |
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SB3101 |
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LRB093 20983 JAM 46982 b |
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| affect the bid price
and be considered in evaluation
for award, |
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| such as discounts, transportation costs, and total or
life |
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| cycle costs, shall be
objectively measurable. The invitation |
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| for bids shall set forth
the evaluation criteria to be used.
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| (f) Correction or withdrawal of bids. Correction or
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| withdrawal of inadvertently
erroneous bids before or after |
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| award, or cancellation of awards of
contracts based on bid
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| mistakes, shall be permitted in accordance with rules.
After |
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| bid opening, no
changes in bid prices or other provisions of |
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| bids prejudicial to
the interest of the State or fair
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| competition shall be permitted. All decisions to permit the
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| correction or withdrawal of bids
based on bid mistakes shall be |
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| supported by written determination
made by a State purchasing |
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| officer.
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| (g) Award. The contract shall be awarded with reasonable
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| promptness by written notice
to the lowest responsible and |
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| responsive bidder whose bid meets
the requirements and criteria
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| set forth in the invitation for bids, except when a State |
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| purchasing officer
determines it is not in the best interest of |
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| the State and by written
explanation determines another bidder |
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| shall receive the award. The explanation
shall appear in the |
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| appropriate volume of the Illinois Procurement Bulletin.
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| (h) Multi-step sealed bidding. When it is considered
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| impracticable to initially prepare
a purchase description to |
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| support an award based on price, an
invitation for bids may be |
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| issued
requesting the submission of unpriced offers to be |
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| followed by an
invitation for bids limited to
those bidders |
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| whose offers have been qualified under the criteria
set forth |
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| in the first solicitation.
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| (i) Reverse Auctions. When determined to be practical, |
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| reverse auctions shall be permitted in accordance with rules |
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| adopted by each chief procurement officer as a method for |
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| responsive bidders to adjust prices downward during |
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| competitive sealed bidding. The reverse auction shall follow |
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| all of the requirements of subsections (a) through (h) of this |
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| Section but allow for the revision of submitted prices during |
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