Full Text of HB5065 96th General Assembly
HB5065sam001 96TH GENERAL ASSEMBLY
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Sen. Kimberly A. Lightford
Filed: 4/21/2010
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| AMENDMENT TO HOUSE BILL 5065
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| AMENDMENT NO. ______. Amend House Bill 5065 on page 1, by | 3 |
| inserting immediately below line 3 the following:
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| "Section 3. The Illinois Procurement Code is amended by | 5 |
| changing Sections 15-15 and 15-25 as follows: | 6 |
| (30 ILCS 500/15-15) | 7 |
| Sec. 15-15. Publication. All volumes of the Illinois | 8 |
| Procurement
Bulletin shall be published at least
once per | 9 |
| month. Any volume, including volumes available in print format,
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| shall be available through subscription for a
minimal fee not | 11 |
| exceeding
publication and distribution costs. The Illinois | 12 |
| Procurement
Bulletin shall be distributed free to
public | 13 |
| libraries within Illinois and to minority, female, and | 14 |
| disadvantaged organizations listed on the Department of | 15 |
| Transportation Disadvantaged Business Enterprise Directory, | 16 |
| the Department of Central Management Services Business |
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| Enterprise Program and Small Business Vendors Directory, and | 2 |
| the Capital Development Board's Directory of Certified | 3 |
| Minority and Female Business Enterprises . | 4 |
| (Source: P.A. 90-572, eff. date - See Sec. 99-5.) | 5 |
| (30 ILCS 500/15-25) | 6 |
| (Text of Section before amendment by P.A. 96-795 ) | 7 |
| Sec. 15-25. Bulletin content. | 8 |
| (a) Invitations for bids. Notice of each and every contract | 9 |
| that is
offered, including renegotiated contracts and change | 10 |
| orders,
shall be published in the Bulletin and provided to | 11 |
| minority, female, disadvantaged, and small business | 12 |
| organizations, whose areas of certification are relative to the | 13 |
| services solicited in such invitation for bids, listed on the | 14 |
| Department of Transportation Disadvantaged Business Enterprise | 15 |
| Directory, the Department of Central Management Services | 16 |
| Business Enterprise Program and Small Business Vendors | 17 |
| Directory, and the Capital Development Board's Directory of | 18 |
| Certified Minority and Female Business Enterprises . The | 19 |
| applicable chief procurement officer
may provide by rule an | 20 |
| organized format for the publication of this
information, but | 21 |
| in any case it must include at least the date first offered,
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| the date submission of offers is due, the location that offers | 23 |
| are to be
submitted to, the purchasing State agency, the | 24 |
| responsible State purchasing
officer, a brief purchase | 25 |
| description, the method of source selection,
information of how |
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LRB096 17378 JAM 40217 a |
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| to obtain a comprehensive purchase description and any
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| disclosure and contract forms, and encouragement to | 3 |
| prospective vendors to hire qualified veterans, as defined by | 4 |
| Section 45-67 of this Code, and qualified Illinois minorities, | 5 |
| women, and residents discharged from any Illinois adult | 6 |
| correctional center. | 7 |
| (b) Contracts let or awarded. Notice of each and every | 8 |
| contract that is let
or awarded, including renegotiated | 9 |
| contracts and change orders, shall be issued to those | 10 |
| organizations submitting responses to the solicitations, | 11 |
| inclusive of the unsuccessful bidders, immediately upon | 12 |
| contract let and award. Failure to give that notice shall | 13 |
| result in tolling the time for filing a bid protest
published | 14 |
| in the next available subsequent Bulletin, and
the applicable | 15 |
| chief procurement officer may provide by rule an organized
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| format for the publication
of
this information, but in any case | 17 |
| it must include at least all of the
information specified in | 18 |
| subsection (a) as well as the name of the successful
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| responsible bidder or offeror, the contract price, the number | 20 |
| of unsuccessful
responsive bidders, and any other disclosure | 21 |
| specified in any Section of this
Code. This notice must be | 22 |
| posted in the online electronic Bulletin prior to execution of | 23 |
| the contract .
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| (c) Emergency purchase disclosure. Any chief procurement | 25 |
| officer, State
purchasing officer, or designee exercising | 26 |
| emergency purchase authority under
this Code shall publish a |
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| written description and reasons and the total cost,
if known, | 2 |
| or an estimate if unknown and the name of the responsible chief
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| procurement officer and State purchasing officer, and the | 4 |
| business or person
contracted with for all emergency purchases | 5 |
| in
the next timely, practicable Bulletin. This notice must be | 6 |
| posted in the online electronic Bulletin within 3 business days | 7 |
| after the execution of the contract.
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| (d) Other required disclosure. The applicable chief | 9 |
| procurement officer
shall provide by rule for the organized | 10 |
| publication of all other disclosure
required in other Sections | 11 |
| of this Code in a timely manner. | 12 |
| (e) The Department of Central Management Services, the | 13 |
| Capital Development Board, the Department of Transportation, | 14 |
| and the higher education chief procurement officer shall | 15 |
| provide the Procurement Policy Board with the information and | 16 |
| resources necessary, and in a manner, to effectuate the purpose | 17 |
| of this amendatory Act of the 96th General Assembly. | 18 |
| (Source: P.A. 94-1067, eff. 8-1-06; 95-536, eff. 1-1-08.) | 19 |
| (Text of Section after amendment by P.A. 96-795 ) | 20 |
| Sec. 15-25. Bulletin content. | 21 |
| (a) Invitations for bids. Notice of each and every contract | 22 |
| that is
offered, including renegotiated contracts and change | 23 |
| orders,
shall be published in the Bulletin and provided to | 24 |
| minority, female, disadvantaged, and small business | 25 |
| organizations, whose areas of certification are relative to the |
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09600HB5065sam001 |
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LRB096 17378 JAM 40217 a |
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| 1 |
| services solicited in such invitation for bids, listed on the | 2 |
| Department of Transportation Disadvantaged Business Enterprise | 3 |
| Directory, the Department of Central Management Services | 4 |
| Business Enterprise Program and Small Business Vendors | 5 |
| Directory, and the Capital Development Board's Directory of | 6 |
| Certified Minority and Female Business Enterprises . The | 7 |
| applicable chief procurement officer
may provide by rule an | 8 |
| organized format for the publication of this
information, but | 9 |
| in any case it must include at least the date first offered,
| 10 |
| the date submission of offers is due, the location that offers | 11 |
| are to be
submitted to, the purchasing State agency, the | 12 |
| responsible State purchasing
officer, a brief purchase | 13 |
| description, the method of source selection,
information of how | 14 |
| to obtain a comprehensive purchase description and any
| 15 |
| disclosure and contract forms, and encouragement to | 16 |
| prospective vendors to hire qualified veterans, as defined by | 17 |
| Section 45-67 of this Code, and qualified Illinois minorities, | 18 |
| women, and residents discharged from any Illinois adult | 19 |
| correctional center. | 20 |
| (b) Contracts let or awarded. Notice of each and every | 21 |
| contract that is let
or awarded, including renegotiated | 22 |
| contracts and change orders, shall be issued to those | 23 |
| organizations submitting responses to the solicitations, | 24 |
| inclusive of the unsuccessful bidders, immediately upon | 25 |
| contract let and award. Failure to give that notice shall | 26 |
| result in tolling the time for filing a bid protest
published |
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LRB096 17378 JAM 40217 a |
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| in the next available subsequent Bulletin, and
the applicable | 2 |
| chief procurement officer may provide by rule an organized
| 3 |
| format for the publication
of
this information, but in any case | 4 |
| it must include at least all of the
information specified in | 5 |
| subsection (a), the name of the successful
responsible bidder | 6 |
| or offeror, the contract price, the number of unsuccessful
| 7 |
| responsive bidders, the information required in subsection (g) | 8 |
| of Section 20-10 if applicable, and any other disclosure | 9 |
| specified in any Section of this
Code. This notice must be | 10 |
| posted in the online electronic Bulletin no later than 10 | 11 |
| business days after the contract is awarded .
| 12 |
| (c) Emergency purchase disclosure. Any chief procurement | 13 |
| officer or State
purchasing officer exercising emergency | 14 |
| purchase authority under
this Code shall publish a written | 15 |
| description and reasons and the total cost,
if known, or an | 16 |
| estimate if unknown and the name of the responsible chief
| 17 |
| procurement officer and State purchasing officer, and the | 18 |
| business or person
contracted with for all emergency purchases | 19 |
| in
the next timely, practicable Bulletin. This notice must be | 20 |
| posted in the online electronic Bulletin no later than 3 | 21 |
| business days after the contract is awarded.
Notice of a | 22 |
| hearing to extend an emergency contract must be posted in the | 23 |
| online electronic Procurement Bulletin no later than 5 business | 24 |
| days prior to the hearing. | 25 |
| (c-5) Business Enterprise Program report. Each purchasing | 26 |
| agency shall post in the online electronic Bulletin a copy of |
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| its annual report of utilization of businesses owned by | 2 |
| minorities, females, and persons with disabilities as | 3 |
| submitted to the Business Enterprise Council for Minorities, | 4 |
| Females, and Persons with Disabilities pursuant to Section 6(c) | 5 |
| of the Business Enterprise for Minorities, Females, and Persons | 6 |
| with Disabilities Act within 10 business days after its | 7 |
| submission of its report to the Council.
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| (c-10) Renewals. Notice of each contract renewal shall be | 9 |
| posted in the online electronic Bulletin within 10 business | 10 |
| days of the determination to renew the contract and the next | 11 |
| available subsequent Bulletin. The notice shall include at | 12 |
| least all of the information required in subsection (b).
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| (c-15) Sole source procurements. Before entering into a | 14 |
| sole source contract, a chief procurement officer exercising | 15 |
| sole source procurement authority under this Code shall publish | 16 |
| a written description of intent to enter into a sole source | 17 |
| contract along with a description of the item to be procured | 18 |
| and the intended sole source contractor. This notice must be | 19 |
| posted in the online electronic Procurement Bulletin before a | 20 |
| sole source contract is awarded and at least 14 days before the | 21 |
| hearing required by Section 20-25. | 22 |
| (d) Other required disclosure. The applicable chief | 23 |
| procurement officer
shall provide by rule for the organized | 24 |
| publication of all other disclosure
required in other Sections | 25 |
| of this Code in a timely manner. | 26 |
| (e) The changes to subsections (b), (c), (c-5), (c-10), and |
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| (c-15) of this Section made by this amendatory Act of the 96th | 2 |
| General Assembly apply to reports submitted, offers made, and | 3 |
| notices on contracts executed on or after its effective date.
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| (f) The Department of Central Management Services, the | 5 |
| Capital Development Board, the Department of Transportation, | 6 |
| and the higher education chief procurement officer shall | 7 |
| provide the Procurement Policy Board with the information and | 8 |
| resources necessary, and in a manner, to effectuate the purpose | 9 |
| of this amendatory Act of the 96th General Assembly. | 10 |
| (Source: P.A. 95-536, eff. 1-1-08; 96-795, eff. 7-1-10 (see | 11 |
| Section 5 of P.A. 96-793 for the effective date of changes made | 12 |
| by P.A. 96-795).)"; and
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| on page 1, by inserting immediately below line 10 the | 14 |
| following: | 15 |
| "Section 95. No acceleration or delay. Where this Act makes | 16 |
| changes in a statute that is represented in this Act by text | 17 |
| that is not yet or no longer in effect (for example, a Section | 18 |
| represented by multiple versions), the use of that text does | 19 |
| not accelerate or delay the taking effect of (i) the changes | 20 |
| made by this Act or (ii) provisions derived from any other | 21 |
| Public Act.".
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