Full Text of HB5065 96th General Assembly
HB5065sam002 96TH GENERAL ASSEMBLY
|
Sen. Kimberly A. Lightford
Filed: 4/27/2010
|
|
09600HB5065sam002 |
|
LRB096 17378 JAM 40736 a |
|
| 1 |
| AMENDMENT TO HOUSE BILL 5065
| 2 |
| AMENDMENT NO. ______. Amend House Bill 5065, AS AMENDED, by | 3 |
| replacing all of Section 3 with the following:
| 4 |
| "Section 3. The Illinois Procurement Code is amended by | 5 |
| changing Section 15-25 as follows: | 6 |
| (30 ILCS 500/15-25) | 7 |
| (Text of Section before amendment by P.A. 96-795 ) | 8 |
| Sec. 15-25. Bulletin content. | 9 |
| (a) Invitations for bids. Notice of each and every contract | 10 |
| that is
offered, including renegotiated contracts and change | 11 |
| orders,
shall be published in the Bulletin , and all businesses
| 12 |
| listed in the Department of Transportation's Disadvantaged | 13 |
| Business Enterprise
Directory, the Department of Central | 14 |
| Management Services' Business Enterprise
Program and Small | 15 |
| Business Vendors Directory, and the Capital Development | 16 |
| Board's
Directory of Minority and Female Business Enterprises |
|
|
|
09600HB5065sam002 |
- 2 - |
LRB096 17378 JAM 40736 a |
|
| 1 |
| shall be furnished written
instructions and information | 2 |
| relative to registration on each Procurement Bulletin
| 3 |
| maintained by the State. Such information shall be provided to | 4 |
| each business within
30 days after the business' notice of | 5 |
| certification or 30 days following the effective date
of this | 6 |
| amendatory Act of the 96th General Assembly, whichever is | 7 |
| later . The applicable chief procurement officer
may provide by | 8 |
| rule an organized format for the publication of this
| 9 |
| information, but in any case it must include at least the date | 10 |
| first offered,
the date submission of offers is due, the | 11 |
| location that offers are to be
submitted to, the purchasing | 12 |
| State agency, the responsible State purchasing
officer, a brief | 13 |
| purchase description, the method of source selection,
| 14 |
| information of how to obtain a comprehensive purchase | 15 |
| description and any
disclosure and contract forms, and | 16 |
| encouragement to prospective vendors to hire qualified | 17 |
| veterans, as defined by Section 45-67 of this Code, and | 18 |
| Illinois minorities, women, persons with disabilities, and | 19 |
| residents discharged from any Illinois adult correctional | 20 |
| center. | 21 |
| (b) Contracts let or awarded. Notice of each and every | 22 |
| contract that is let
or awarded, including renegotiated | 23 |
| contracts and change orders, shall be issued to those | 24 |
| organizations submitting responses to the solicitations, | 25 |
| inclusive of the unsuccessful bidders, immediately upon | 26 |
| contract let and award. Failure to give that notice shall |
|
|
|
09600HB5065sam002 |
- 3 - |
LRB096 17378 JAM 40736 a |
|
| 1 |
| result in tolling the time for filing a bid protest
published | 2 |
| in the next available subsequent Bulletin, and
the applicable | 3 |
| chief procurement officer may provide by rule an organized
| 4 |
| format for the publication
of
this information, but in any case | 5 |
| it must include at least all of the
information specified in | 6 |
| subsection (a) as well as the name of the successful
| 7 |
| responsible bidder or offeror, the contract price, the number | 8 |
| of unsuccessful
responsive bidders, and any other disclosure | 9 |
| specified in any Section of this
Code. This notice must be | 10 |
| posted in the online electronic Bulletin prior to execution of | 11 |
| the contract .
| 12 |
| (c) Emergency purchase disclosure. Any chief procurement | 13 |
| officer, State
purchasing officer, or designee exercising | 14 |
| emergency purchase authority under
this Code shall publish a | 15 |
| written description and reasons and the total cost,
if known, | 16 |
| or an 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 within 3 business days | 21 |
| after the execution of the contract.
| 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 Department of Central Management Services, the |
|
|
|
09600HB5065sam002 |
- 4 - |
LRB096 17378 JAM 40736 a |
|
| 1 |
| Capital Development Board, the Department of Transportation, | 2 |
| and the higher education chief procurement officer shall | 3 |
| provide the Procurement Policy Board with the information and | 4 |
| resources necessary, and in a manner, to effectuate the purpose | 5 |
| of this amendatory Act of the 96th General Assembly. | 6 |
| (Source: P.A. 94-1067, eff. 8-1-06; 95-536, eff. 1-1-08.) | 7 |
| (Text of Section after amendment by P.A. 96-795 ) | 8 |
| Sec. 15-25. Bulletin content. | 9 |
| (a) Invitations for bids. Notice of each and every contract | 10 |
| that is
offered, including renegotiated contracts and change | 11 |
| orders,
shall be published in the Bulletin , and all businesses
| 12 |
| listed in the Department of Transportation's Disadvantaged | 13 |
| Business Enterprise
Directory, the Department of Central | 14 |
| Management Services' Business Enterprise
Program and Small | 15 |
| Business Vendors Directory, and the Capital Development | 16 |
| Board's
Directory of Minority and Female Business Enterprises | 17 |
| shall be furnished written
instructions and information | 18 |
| relative to registration on each Procurement Bulletin
| 19 |
| maintained by the State. Such information shall be provided to | 20 |
| each business within
30 days after the business' notice of | 21 |
| certification or 30 days following the effective date
of this | 22 |
| amendatory Act of the 96th General Assembly, whichever is | 23 |
| later . The applicable chief procurement officer
may provide by | 24 |
| rule an organized format for the publication of this
| 25 |
| information, but in any case it must include at least the date |
|
|
|
09600HB5065sam002 |
- 5 - |
LRB096 17378 JAM 40736 a |
|
| 1 |
| first offered,
the date submission of offers is due, the | 2 |
| location that offers are to be
submitted to, the purchasing | 3 |
| State agency, the responsible State purchasing
officer, a brief | 4 |
| purchase description, the method of source selection,
| 5 |
| information of how to obtain a comprehensive purchase | 6 |
| description and any
disclosure and contract forms, and | 7 |
| encouragement to prospective vendors to hire qualified | 8 |
| veterans, as defined by Section 45-67 of this Code, and | 9 |
| Illinois minorities, women, persons with disabilities, and | 10 |
| residents discharged from any Illinois adult correctional | 11 |
| center. | 12 |
| (b) Contracts let or awarded. Notice of each and every | 13 |
| contract that is let
or awarded, including renegotiated | 14 |
| contracts and change orders, shall be issued to those | 15 |
| organizations submitting responses to the solicitations, | 16 |
| inclusive of the unsuccessful bidders, immediately upon | 17 |
| contract let and award. Failure to give that notice shall | 18 |
| result in tolling the time for filing a bid protest
published | 19 |
| in the next available subsequent Bulletin, and
the applicable | 20 |
| chief procurement officer may provide by rule an organized
| 21 |
| format for the publication
of
this information, but in any case | 22 |
| it must include at least all of the
information specified in | 23 |
| subsection (a), the name of the successful
responsible bidder | 24 |
| or offeror, the contract price, the number of unsuccessful
| 25 |
| responsive bidders, the information required in subsection (g) | 26 |
| of Section 20-10 if applicable, and any other disclosure |
|
|
|
09600HB5065sam002 |
- 6 - |
LRB096 17378 JAM 40736 a |
|
| 1 |
| specified in any Section of this
Code. This notice must be | 2 |
| posted in the online electronic Bulletin no later than 10 | 3 |
| business days after the contract is awarded .
| 4 |
| (c) Emergency purchase disclosure. Any chief procurement | 5 |
| officer or State
purchasing officer exercising emergency | 6 |
| purchase authority under
this Code shall publish a written | 7 |
| description and reasons and the total cost,
if known, or an | 8 |
| estimate if unknown and the name of the responsible chief
| 9 |
| procurement officer and State purchasing officer, and the | 10 |
| business or person
contracted with for all emergency purchases | 11 |
| in
the next timely, practicable Bulletin. This notice must be | 12 |
| posted in the online electronic Bulletin no later than 3 | 13 |
| business days after the contract is awarded.
Notice of a | 14 |
| hearing to extend an emergency contract must be posted in the | 15 |
| online electronic Procurement Bulletin no later than 5 business | 16 |
| days prior to the hearing. | 17 |
| (c-5) Business Enterprise Program report. Each purchasing | 18 |
| agency shall post in the online electronic Bulletin a copy of | 19 |
| its annual report of utilization of businesses owned by | 20 |
| minorities, females, and persons with disabilities as | 21 |
| submitted to the Business Enterprise Council for Minorities, | 22 |
| Females, and Persons with Disabilities pursuant to Section 6(c) | 23 |
| of the Business Enterprise for Minorities, Females, and Persons | 24 |
| with Disabilities Act within 10 business days after its | 25 |
| submission of its report to the Council.
| 26 |
| (c-10) Renewals. Notice of each contract renewal shall be |
|
|
|
09600HB5065sam002 |
- 7 - |
LRB096 17378 JAM 40736 a |
|
| 1 |
| posted in the online electronic Bulletin within 10 business | 2 |
| days of the determination to renew the contract and the next | 3 |
| available subsequent Bulletin. The notice shall include at | 4 |
| least all of the information required in subsection (b).
| 5 |
| (c-15) Sole source procurements. Before entering into a | 6 |
| sole source contract, a chief procurement officer exercising | 7 |
| sole source procurement authority under this Code shall publish | 8 |
| a written description of intent to enter into a sole source | 9 |
| contract along with a description of the item to be procured | 10 |
| and the intended sole source contractor. This notice must be | 11 |
| posted in the online electronic Procurement Bulletin before a | 12 |
| sole source contract is awarded and at least 14 days before the | 13 |
| hearing required by Section 20-25. | 14 |
| (d) Other required disclosure. The applicable chief | 15 |
| procurement officer
shall provide by rule for the organized | 16 |
| publication of all other disclosure
required in other Sections | 17 |
| of this Code in a timely manner. | 18 |
| (e) The changes to subsections (b), (c), (c-5), (c-10), and | 19 |
| (c-15) of this Section made by this amendatory Act of the 96th | 20 |
| General Assembly apply to reports submitted, offers made, and | 21 |
| notices on contracts executed on or after its effective date.
| 22 |
| (f) The Department of Central Management Services, the | 23 |
| Capital Development Board, the Department of Transportation, | 24 |
| and the higher education chief procurement officer shall | 25 |
| provide the Procurement Policy Board with the information and | 26 |
| resources necessary, and in a manner, to effectuate the purpose |
|
|
|
09600HB5065sam002 |
- 8 - |
LRB096 17378 JAM 40736 a |
|
| 1 |
| of this amendatory Act of the 96th General Assembly. | 2 |
| (Source: P.A. 95-536, eff. 1-1-08; 96-795, eff. 7-1-10 (see | 3 |
| Section 5 of P.A. 96-793 for the effective date of changes made | 4 |
| by P.A. 96-795).)".
|
|