Full Text of HB5725 97th General Assembly
HB5725 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB5725 Introduced 2/16/2012, by Rep. La Shawn K. Ford SYNOPSIS AS INTRODUCED: |
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Amends the Illinois Procurement Code. Provides that the chief procurement officers are jointly responsible for publishing the Illinois Procurement Bulletin (now, each chief procurement officer is responsible for publishing his or her volume of the Illinois Procurement Bulletin). Provides that the electronic Illinois Procurement Bulletin shall include a single registration system and a single industry code classification system that is substantially similar to the North American Industry Classification System. Requires the registrant to select the code classification that best describes the service or commodity that the registrant wishes to provide the State. Provides that the Procurement Policy Board shall maintain on its website a portal for persons and businesses to submit the certifications and disclosures required under the Code, as well as any certification provided under the Business Enterprise for Minorities, Females, and Persons With Disabilities Act and the employer report form required by the Illinois Human Rights Act. Provides that, instead of submitting a certification or disclosure with the bid, contract, or subcontract, a person or business who is registered on the web-based portal maintained by the Procurement Policy Board may maintain a current, accurate certification or disclosure on the web-based portal. Amends various Acts to make conforming changes to provisions regarding the Illinois Procurement Bulletin.
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| 1 | | AN ACT concerning finance.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The General Obligation Bond Act is amended by | 5 | | changing Section 11 as follows:
| 6 | | (30 ILCS 330/11) (from Ch. 127, par. 661)
| 7 | | Sec. 11. Sale of Bonds. Except as otherwise provided in | 8 | | this Section,
Bonds shall be sold from time to time pursuant to
| 9 | | notice of sale and public bid or by negotiated sale
in such | 10 | | amounts and at such
times as is directed by the Governor, upon | 11 | | recommendation by the Director of
the
Governor's Office of | 12 | | Management and Budget. At least 25%, based on total principal | 13 | | amount, of all Bonds issued each fiscal year shall be sold | 14 | | pursuant to notice of sale and public bid. At all times during | 15 | | each fiscal year, no more than 75%, based on total principal | 16 | | amount, of the Bonds issued each fiscal year, shall have been | 17 | | sold by negotiated sale. Failure to satisfy the requirements in | 18 | | the preceding 2 sentences shall not affect the validity of any | 19 | | previously issued Bonds; provided that all Bonds authorized by | 20 | | Public Act 96-43 and this amendatory Act of the 96th General | 21 | | Assembly shall not be included in determining compliance for | 22 | | any fiscal year with the requirements of the preceding 2 | 23 | | sentences; and further provided that refunding Bonds |
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| 1 | | satisfying the requirements of Section 16 of this Act and sold | 2 | | during fiscal year 2009, 2010, or 2011 shall not be subject to | 3 | | the requirements in the preceding 2 sentences.
| 4 | | If
any Bonds, including refunding Bonds, are to be sold by | 5 | | negotiated
sale, the
Director of the
Governor's Office of | 6 | | Management and Budget
shall comply with the
competitive request | 7 | | for proposal process set forth in the Illinois
Procurement Code | 8 | | and all other applicable requirements of that Code.
| 9 | | If Bonds are to be sold pursuant to notice of sale and | 10 | | public bid, the
Director of the
Governor's Office of Management | 11 | | and Budget shall, from time to time, as Bonds are to be sold, | 12 | | advertise
the sale of the Bonds in at least 2 daily newspapers, | 13 | | one of which is
published in the City of Springfield and one in | 14 | | the City of Chicago. The sale
of the Bonds shall also be
| 15 | | advertised in the volume of the Illinois Procurement Bulletin | 16 | | that is
published by the Department of Central Management | 17 | | Services . Each of
the advertisements for
proposals shall be | 18 | | published once at least
10 days prior to the date fixed
for the | 19 | | opening of the bids. The Director of the
Governor's Office of | 20 | | Management and Budget may
reschedule the date of sale upon the | 21 | | giving of such additional notice as the
Director deems adequate | 22 | | to inform prospective bidders of
such change; provided, | 23 | | however, that all other conditions of the sale shall
continue | 24 | | as originally advertised.
| 25 | | Executed Bonds shall, upon payment therefor, be delivered | 26 | | to the purchaser,
and the proceeds of Bonds shall be paid into |
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| 1 | | the State Treasury as directed by
Section 12 of this Act.
| 2 | | (Source: P.A. 96-18, eff. 6-26-09; 96-43, eff. 7-15-09; | 3 | | 96-1497, eff. 1-14-11.)
| 4 | | Section 10. The Build Illinois Bond Act is amended by | 5 | | changing Section 8 as follows:
| 6 | | (30 ILCS 425/8) (from Ch. 127, par. 2808)
| 7 | | Sec. 8. Sale of Bonds. Bonds, except as otherwise provided | 8 | | in this Section, shall be sold from time to time pursuant to
| 9 | | notice of sale and public bid or by negotiated sale in such | 10 | | amounts and at such
times as are directed by the Governor, upon | 11 | | recommendation by the Director of
the Governor's Office of | 12 | | Management and Budget. At least 25%, based on total principal | 13 | | amount, of all Bonds issued each fiscal year shall be sold | 14 | | pursuant to notice of sale and public bid. At all times during | 15 | | each fiscal year, no more than 75%, based on total principal | 16 | | amount, of the Bonds issued each fiscal year shall have been | 17 | | sold by negotiated sale. Failure to satisfy the requirements in | 18 | | the preceding 2 sentences shall not affect the validity of any | 19 | | previously issued Bonds; and further provided that refunding | 20 | | Bonds satisfying the requirements of Section 15 of this Act and | 21 | | sold during fiscal year 2009, 2010, or 2011 shall not be | 22 | | subject to the requirements in the preceding 2 sentences. | 23 | | If any Bonds are to be sold pursuant to notice of sale and | 24 | | public bid, the Director of the
Governor's Office of Management |
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| 1 | | and Budget shall comply with the
competitive request for | 2 | | proposal process set forth in the Illinois
Procurement Code and | 3 | | all other applicable requirements of that Code. | 4 | | If Bonds are to be sold pursuant to notice of sale and | 5 | | public bid, the
Director of the
Governor's Office of Management | 6 | | and Budget shall, from time to time, as Bonds are to be sold, | 7 | | advertise
the sale of the Bonds in at least 2 daily newspapers, | 8 | | one of which is
published in the City of Springfield and one in | 9 | | the City of Chicago. The sale
of the Bonds shall also be
| 10 | | advertised in the volume of the Illinois Procurement Bulletin | 11 | | that is
published by the Department of Central Management | 12 | | Services . Each of
the advertisements for
proposals shall be | 13 | | published once at least 10 days prior to the date fixed
for the | 14 | | opening of the bids. The Director of the
Governor's Office of | 15 | | Management and Budget may
reschedule the date of sale upon the | 16 | | giving of such additional notice as the
Director deems adequate | 17 | | to inform prospective bidders of
the change; provided, however, | 18 | | that all other conditions of the sale shall
continue as | 19 | | originally advertised.
Executed Bonds shall, upon payment
| 20 | | therefor, be delivered to the purchaser, and the proceeds of | 21 | | Bonds shall be
paid into the State Treasury as
directed by | 22 | | Section 9 of this Act.
The
Governor or the Director of the
| 23 | | Governor's Office of Management and Budget is hereby authorized
| 24 | | and directed to execute and
deliver contracts of sale with | 25 | | underwriters and to execute and deliver such
certificates, | 26 | | indentures, agreements and documents, including any
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| 1 | | supplements or amendments thereto, and to take such actions and | 2 | | do such
things as shall be necessary or desirable to carry out | 3 | | the purposes of this
Act.
Any action authorized or permitted to | 4 | | be taken by the Director of the
Governor's Office of Management | 5 | | and Budget
pursuant to this Act is hereby authorized to be | 6 | | taken
by any person specifically designated by the Governor to | 7 | | take such action
in a certificate signed by the Governor and | 8 | | filed with the Secretary of State.
| 9 | | (Source: P.A. 96-18, eff. 6-26-09.)
| 10 | | Section 15. The Illinois Procurement Code is amended by | 11 | | changing Sections 15-1, 15-15, 15-25, 20-10, 35-30, 50-80, and | 12 | | 53-25 and by adding Section 15-35 as follows:
| 13 | | (30 ILCS 500/15-1)
| 14 | | Sec. 15-1. Publisher. The chief procurement officers | 15 | | Department of Central Management Services
is the State agency | 16 | | responsible for publishing its volumes of the
Illinois | 17 | | Procurement Bulletin. The Capital Development Board is | 18 | | responsible
for publishing its volumes of the Illinois | 19 | | Procurement Bulletin. The
Department
of Transportation is | 20 | | responsible for publishing its volumes of the
Illinois | 21 | | Procurement Bulletin.
The higher education chief procurement | 22 | | officer is responsible for publishing
the higher education | 23 | | volumes of the Illinois Procurement Bulletin. The Illinois | 24 | | Power Agency are jointly is the State agency responsible for |
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| 1 | | publishing its volumes of the Illinois Procurement Bulletin.
| 2 | | The Each volume of the Illinois Procurement Bulletin shall | 3 | | be available
electronically and may be available in print. | 4 | | References in this Code to the
publication and
distribution of | 5 | | the Illinois Procurement Bulletin include both its print and
| 6 | | electronic formats.
| 7 | | (Source: P.A. 95-481, eff. 8-28-07.)
| 8 | | (30 ILCS 500/15-15) | 9 | | Sec. 15-15. Publication. The All volumes of the Illinois | 10 | | Procurement
Bulletin shall be published at least
once per month | 11 | | and . Any volume, including volumes available in print format,
| 12 | | shall be available through subscription for a
minimal fee not | 13 | | exceeding
publication and distribution costs. The Illinois | 14 | | Procurement
Bulletin shall be distributed free to
public | 15 | | libraries within Illinois and electronically to any entity that | 16 | | has subscribed on the publishing entity's website. | 17 | | (Source: P.A. 96-1444, eff. 8-20-10.) | 18 | | (30 ILCS 500/15-25) | 19 | | Sec. 15-25. Bulletin content. | 20 | | (a) Invitations for bids. Notice of each and every contract | 21 | | that is
offered, including renegotiated contracts and change | 22 | | orders,
shall be published in the Bulletin, and all businesses | 23 | | listed on the Department of Transportation Disadvantaged | 24 | | Business Enterprise Directory, the Department of Central |
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| 1 | | Management Services Business Enterprise Program and Small | 2 | | Business Vendors Directory, and the Capital Development | 3 | | Board's Directory of Certified Minority and Female Business | 4 | | Enterprises shall be furnished written instructions and | 5 | | information on how to register on the each Procurement Bulletin | 6 | | maintained by the State . Such information shall be provided to | 7 | | each business within 30 days after the business' notice of | 8 | | certification. The applicable chief procurement officer
may | 9 | | provide by rule an organized format for the publication of this
| 10 | | information, but in any case it must include at least the date | 11 | | first offered,
the date submission of offers is due, the | 12 | | location that offers are to be
submitted to, the purchasing | 13 | | State agency, the responsible State purchasing
officer, a brief | 14 | | purchase description, the method of source selection,
| 15 | | information of how to obtain a comprehensive purchase | 16 | | description and any
disclosure and contract forms, and | 17 | | encouragement to prospective vendors to hire qualified | 18 | | veterans, as defined by Section 45-67 of this Code, and | 19 | | qualified Illinois minorities, women, persons with | 20 | | disabilities, and residents discharged from any Illinois adult | 21 | | correctional center. | 22 | | (b) Contracts let. Notice of each and every contract that | 23 | | is let, including renegotiated contracts and change orders, | 24 | | shall be issued electronically to those bidders or offerors | 25 | | submitting responses to the solicitations, inclusive of the | 26 | | unsuccessful bidders, immediately upon contract let. Failure |
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| 1 | | of any chief procurement officer to give such notice shall | 2 | | result in tolling the time for filing a bid protest up to 5 | 3 | | business days. The apparent low bidder's award and all other | 4 | | bids from bidders responding to solicitations shall be posted | 5 | | on the agency's website the next business day.
| 6 | | (b-5) Contracts awarded. Notice of each and every contract | 7 | | that is awarded, including renegotiated contracts and change | 8 | | orders, shall be issued electronically to the successful | 9 | | responsible bidder or offeror, posted on the agency's website | 10 | | the next business day, and published in the next available | 11 | | subsequent Bulletin. The applicable chief procurement officer | 12 | | may provide by rule an organized format for the publication of | 13 | | this information, but in any case it must include at least all | 14 | | of the information specified in subsection (a) as well as the | 15 | | name of the successful responsible bidder or offeror, the | 16 | | contract price, the number of unsuccessful responsive bidders, | 17 | | and any other disclosure specified in any Section of this Code. | 18 | | This notice must be posted in the online electronic Bulletin | 19 | | prior to execution of the contract. | 20 | | (c) Emergency purchase disclosure. Any chief procurement | 21 | | officer or State
purchasing officer exercising emergency | 22 | | purchase authority under
this Code shall publish a written | 23 | | description and reasons and the total cost,
if known, or an | 24 | | estimate if unknown and the name of the responsible chief
| 25 | | procurement officer and State purchasing officer, and the | 26 | | business or person
contracted with for all emergency purchases |
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| 1 | | in
the next timely, practicable Bulletin. This notice must be | 2 | | posted in the online electronic Bulletin no later than 3 | 3 | | business days after the contract is awarded.
Notice of a | 4 | | hearing to extend an emergency contract must be posted in the | 5 | | online electronic Procurement Bulletin no later than 5 business | 6 | | days prior to the hearing. | 7 | | (c-5) Business Enterprise Program report. Each purchasing | 8 | | agency shall post in the online electronic Bulletin a copy of | 9 | | its annual report of utilization of businesses owned by | 10 | | minorities, females, and persons with disabilities as | 11 | | submitted to the Business Enterprise Council for Minorities, | 12 | | Females, and Persons with Disabilities pursuant to Section 6(c) | 13 | | of the Business Enterprise for Minorities, Females, and Persons | 14 | | with Disabilities Act within 10 business days after its | 15 | | submission of its report to the Council.
| 16 | | (c-10) Renewals. Notice of each contract renewal shall be | 17 | | posted in the online electronic Bulletin within 10 business | 18 | | days of the determination to renew the contract and the next | 19 | | available subsequent Bulletin. The notice shall include at | 20 | | least all of the information required in subsection (b).
| 21 | | (c-15) Sole source procurements. Before entering into a | 22 | | sole source contract, a chief procurement officer exercising | 23 | | sole source procurement authority under this Code shall publish | 24 | | a written description of intent to enter into a sole source | 25 | | contract along with a description of the item to be procured | 26 | | and the intended sole source contractor. This notice must be |
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| 1 | | posted in the online electronic Procurement Bulletin before a | 2 | | sole source contract is awarded and at least 14 days before the | 3 | | hearing required by Section 20-25. | 4 | | (d) Other required disclosure. The applicable chief | 5 | | procurement officer
shall provide by rule for the organized | 6 | | publication of all other disclosure
required in other Sections | 7 | | of this Code in a timely manner. | 8 | | (e) The changes to subsections (b), (c), (c-5), (c-10), and | 9 | | (c-15) of this Section made by this amendatory Act of the 96th | 10 | | General Assembly apply to reports submitted, offers made, and | 11 | | notices on contracts executed on or after its effective date.
| 12 | | (f) 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. 95-536, eff. 1-1-08; 96-795, eff. 7-1-10 (see | 19 | | Section 5 of P.A. 96-793 for the effective date of changes made | 20 | | by P.A. 96-795); 96-1444, eff. 8-20-10.) | 21 | | (30 ILCS 500/15-35 new) | 22 | | Sec. 15-35. Vendor registration. | 23 | | (a) The electronic Illinois Procurement Bulletin shall | 24 | | include a single registration system. A business or person who | 25 | | has registered on the Illinois Procurement Bulletin shall have |
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| 1 | | access to all electronic Bulletin content published pursuant to | 2 | | Section 15-25. | 3 | | (b) The single registration system shall include a single | 4 | | industry code classification system substantially similar to | 5 | | the North American Industry Classification System and shall | 6 | | require a registrant to select the code classification that | 7 | | best describes the service or commodity that the registrant | 8 | | wishes to provide to the State. | 9 | | (c) The chief procurement officers may promulgate rules in | 10 | | accordance with the Illinois Administrative Procedure Act to | 11 | | implement this Section.
| 12 | | (30 ILCS 500/20-10)
| 13 | | (Text of Section from P.A. 96-159, 96-588, 97-96, and | 14 | | 97-198) | 15 | | Sec. 20-10. Competitive sealed bidding; reverse auction.
| 16 | | (a) Conditions for use. All contracts shall be awarded by
| 17 | | competitive sealed bidding
except as otherwise provided in | 18 | | Section 20-5.
| 19 | | (b) Invitation for bids. An invitation for bids shall be
| 20 | | issued and shall include a
purchase description and the | 21 | | material contractual terms and
conditions applicable to the
| 22 | | procurement.
| 23 | | (c) Public notice. Public notice of the invitation for bids | 24 | | shall be
published in the Illinois Procurement Bulletin at | 25 | | least 14 days before the date
set in the invitation for the |
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| 1 | | opening of bids.
| 2 | | (d) Bid opening. Bids shall be opened publicly in the
| 3 | | presence of one or more witnesses
at the time and place | 4 | | designated in the invitation for bids. The
name of each bidder, | 5 | | the amount
of each bid, and other relevant information as may | 6 | | be specified by
rule shall be
recorded. After the award of the | 7 | | contract, the winning bid and the
record of each unsuccessful | 8 | | bid shall be open to
public inspection.
| 9 | | (e) Bid acceptance and bid evaluation. Bids shall be
| 10 | | unconditionally accepted without
alteration or correction, | 11 | | except as authorized in this Code. Bids
shall be evaluated | 12 | | based on the
requirements set forth in the invitation for bids, | 13 | | which may
include criteria to determine
acceptability such as | 14 | | inspection, testing, quality, workmanship,
delivery, and | 15 | | suitability for a
particular purpose. Those criteria that will | 16 | | affect the bid price
and be considered in evaluation
for award, | 17 | | such as discounts, transportation costs, and total or
life | 18 | | cycle costs, shall be
objectively measurable. The invitation | 19 | | for bids shall set forth
the evaluation criteria to be used.
| 20 | | (f) Correction or withdrawal of bids. Correction or
| 21 | | withdrawal of inadvertently
erroneous bids before or after | 22 | | award, or cancellation of awards of
contracts based on bid
| 23 | | mistakes, shall be permitted in accordance with rules.
After | 24 | | bid opening, no
changes in bid prices or other provisions of | 25 | | bids prejudicial to
the interest of the State or fair
| 26 | | competition shall be permitted. All decisions to permit the
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| 1 | | correction or withdrawal of bids
based on bid mistakes shall be | 2 | | supported by written determination
made by a State purchasing | 3 | | officer.
| 4 | | (g) Award. The contract shall be awarded with reasonable
| 5 | | promptness by written notice
to the lowest responsible and | 6 | | responsive bidder whose bid meets
the requirements and criteria
| 7 | | set forth in the invitation for bids, except when a State | 8 | | purchasing officer
determines it is not in the best interest of | 9 | | the State and by written
explanation determines another bidder | 10 | | shall receive the award. The explanation
shall appear in the | 11 | | appropriate volume of the Illinois Procurement Bulletin.
| 12 | | (h) Multi-step sealed bidding. When it is considered
| 13 | | impracticable to initially prepare
a purchase description to | 14 | | support an award based on price, an
invitation for bids may be | 15 | | issued
requesting the submission of unpriced offers to be | 16 | | followed by an
invitation for bids limited to
those bidders | 17 | | whose offers have been qualified under the criteria
set forth | 18 | | in the first solicitation.
| 19 | | (i) Alternative procedures. Notwithstanding any other | 20 | | provision of this Act to the contrary, the Director of the | 21 | | Illinois Power Agency may create alternative bidding | 22 | | procedures to be used in procuring professional services under | 23 | | subsection (a) of Section 1-75 and subsection (d) of Section | 24 | | 1-78 of the Illinois Power Agency Act and Section 16-111.5(c) | 25 | | of the Public Utilities Act and to procure renewable energy | 26 | | resources under Section 1-56 of the Illinois Power Agency Act. |
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| 1 | | These alternative procedures shall be set forth together with | 2 | | the other criteria contained in the invitation for bids, and | 3 | | shall appear in the appropriate volume of the Illinois | 4 | | Procurement Bulletin.
| 5 | | (j) Reverse auction. Notwithstanding any other provision | 6 | | of this Section and in accordance with rules adopted by the | 7 | | Director of Central Management Services as chief procurement | 8 | | officer, a State purchasing officer under that chief | 9 | | procurement officer's jurisdiction may procure supplies or | 10 | | services through a competitive electronic auction bidding | 11 | | process after the purchasing officer explains in writing to the | 12 | | chief procurement officer his or her determination that the use | 13 | | of such a process will be in the best interest of the State. | 14 | | The chief procurement officer shall publish that determination | 15 | | in the his or her next volume of the Illinois Procurement | 16 | | Bulletin. | 17 | | An invitation for bids shall be issued and shall include | 18 | | (i) a procurement description, (ii) all contractual terms, | 19 | | whenever practical, and (iii) conditions applicable to the | 20 | | procurement, including a notice that bids will be received in | 21 | | an electronic auction manner. | 22 | | Public notice of the invitation for bids shall be given in | 23 | | the same manner as provided in subsection (c). | 24 | | Bids shall be accepted electronically at the time and in | 25 | | the manner designated in the invitation for bids. During the | 26 | | auction, a bidder's price shall be disclosed to other bidders. |
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| 1 | | Bidders shall have the opportunity to reduce their bid prices | 2 | | during the auction. At the conclusion of the auction, the | 3 | | record of the bid prices received and the name of each bidder | 4 | | shall be open to public inspection. | 5 | | After the auction period has terminated, withdrawal of bids | 6 | | shall be permitted as provided in subsection (f). | 7 | | The contract shall be awarded within 60 days after the | 8 | | auction by written notice to the lowest responsible bidder, or | 9 | | all bids shall be rejected except as otherwise provided in this | 10 | | Code. Extensions of the date for the award may be made by | 11 | | mutual written consent of the State purchasing officer and the | 12 | | lowest responsible bidder. | 13 | | This subsection does not apply to (i) procurements of | 14 | | professional and artistic services, including but not limited | 15 | | to telecommunications services, communications services, | 16 | | Internet services, and information services, and (ii) | 17 | | contracts for construction projects. | 18 | | (Source: P.A. 95-481, eff. 8-28-07; 96-159, eff. 8-10-09; | 19 | | 96-588, eff. 8-18-09; 97-96, eff. 7-13-11.)
| 20 | | (Text of Section from P.A. 96-159, 96-795, 97-96, and | 21 | | 97-198)
| 22 | | Sec. 20-10. Competitive sealed bidding; reverse auction.
| 23 | | (a) Conditions for use. All contracts shall be awarded by
| 24 | | competitive sealed bidding
except as otherwise provided in | 25 | | Section 20-5.
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| 1 | | (b) Invitation for bids. An invitation for bids shall be
| 2 | | issued and shall include a
purchase description and the | 3 | | material contractual terms and
conditions applicable to the
| 4 | | procurement.
| 5 | | (c) Public notice. Public notice of the invitation for bids | 6 | | shall be
published in the Illinois Procurement Bulletin at | 7 | | least 14 days before the date
set in the invitation for the | 8 | | opening of bids.
| 9 | | (d) Bid opening. Bids shall be opened publicly in the
| 10 | | presence of one or more witnesses
at the time and place | 11 | | designated in the invitation for bids. The
name of each bidder, | 12 | | the amount
of each bid, and other relevant information as may | 13 | | be specified by
rule shall be
recorded. After the award of the | 14 | | contract, the winning bid and the
record of each unsuccessful | 15 | | bid shall be open to
public inspection.
| 16 | | (e) Bid acceptance and bid evaluation. Bids shall be
| 17 | | unconditionally accepted without
alteration or correction, | 18 | | except as authorized in this Code. Bids
shall be evaluated | 19 | | based on the
requirements set forth in the invitation for bids, | 20 | | which may
include criteria to determine
acceptability such as | 21 | | inspection, testing, quality, workmanship,
delivery, and | 22 | | suitability for a
particular purpose. Those criteria that will | 23 | | affect the bid price
and be considered in evaluation
for award, | 24 | | such as discounts, transportation costs, and total or
life | 25 | | cycle costs, shall be
objectively measurable. The invitation | 26 | | for bids shall set forth
the evaluation criteria to be used.
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| 1 | | (f) Correction or withdrawal of bids. Correction or
| 2 | | withdrawal of inadvertently
erroneous bids before or after | 3 | | award, or cancellation of awards of
contracts based on bid
| 4 | | mistakes, shall be permitted in accordance with rules.
After | 5 | | bid opening, no
changes in bid prices or other provisions of | 6 | | bids prejudicial to
the interest of the State or fair
| 7 | | competition shall be permitted. All decisions to permit the
| 8 | | correction or withdrawal of bids
based on bid mistakes shall be | 9 | | supported by written determination
made by a State purchasing | 10 | | officer.
| 11 | | (g) Award. The contract shall be awarded with reasonable
| 12 | | promptness by written notice
to the lowest responsible and | 13 | | responsive bidder whose bid meets
the requirements and criteria
| 14 | | set forth in the invitation for bids, except when a State | 15 | | purchasing officer
determines it is not in the best interest of | 16 | | the State and by written
explanation determines another bidder | 17 | | shall receive the award. The explanation
shall appear in the | 18 | | appropriate volume of the Illinois Procurement Bulletin. The | 19 | | written explanation must include:
| 20 | | (1) a description of the agency's needs; | 21 | | (2) a determination that the anticipated cost will be | 22 | | fair and reasonable; | 23 | | (3) a listing of all responsible and responsive | 24 | | bidders; and | 25 | | (4) the name of the bidder selected, pricing, and the | 26 | | reasons for selecting that bidder. |
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| 1 | | Each chief procurement officer may adopt guidelines to | 2 | | implement the requirements of this subsection (g). | 3 | | The written explanation shall be filed with the Legislative | 4 | | Audit Commission and the Procurement Policy Board and be made | 5 | | available for inspection by the public within 30 days after the | 6 | | agency's decision to award the contract. | 7 | | (h) Multi-step sealed bidding. When it is considered
| 8 | | impracticable to initially prepare
a purchase description to | 9 | | support an award based on price, an
invitation for bids may be | 10 | | issued
requesting the submission of unpriced offers to be | 11 | | followed by an
invitation for bids limited to
those bidders | 12 | | whose offers have been qualified under the criteria
set forth | 13 | | in the first solicitation.
| 14 | | (i) Alternative procedures. Notwithstanding any other | 15 | | provision of this Act to the contrary, the Director of the | 16 | | Illinois Power Agency may create alternative bidding | 17 | | procedures to be used in procuring professional services under | 18 | | subsection (a) of Section 1-75 and subsection (d) of Section | 19 | | 1-78 of the Illinois Power Agency Act and Section 16-111.5(c) | 20 | | of the Public Utilities Act and to procure renewable energy | 21 | | resources under Section 1-56 of the Illinois Power Agency Act. | 22 | | These alternative procedures shall be set forth together with | 23 | | the other criteria contained in the invitation for bids, and | 24 | | shall appear in the appropriate volume of the Illinois | 25 | | Procurement Bulletin.
| 26 | | (j) Reverse auction. Notwithstanding any other provision |
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| 1 | | of this Section and in accordance with rules adopted by the | 2 | | chief procurement officer, that chief procurement officer may | 3 | | procure supplies or services through a competitive electronic | 4 | | auction bidding process after the chief procurement officer | 5 | | determines that the use of such a process will be in the best | 6 | | interest of the State. The chief procurement officer shall | 7 | | publish that determination in the his or her next volume of the | 8 | | Illinois Procurement Bulletin. | 9 | | An invitation for bids shall be issued and shall include | 10 | | (i) a procurement description, (ii) all contractual terms, | 11 | | whenever practical, and (iii) conditions applicable to the | 12 | | procurement, including a notice that bids will be received in | 13 | | an electronic auction manner. | 14 | | Public notice of the invitation for bids shall be given in | 15 | | the same manner as provided in subsection (c). | 16 | | Bids shall be accepted electronically at the time and in | 17 | | the manner designated in the invitation for bids. During the | 18 | | auction, a bidder's price shall be disclosed to other bidders. | 19 | | Bidders shall have the opportunity to reduce their bid prices | 20 | | during the auction. At the conclusion of the auction, the | 21 | | record of the bid prices received and the name of each bidder | 22 | | shall be open to public inspection. | 23 | | After the auction period has terminated, withdrawal of bids | 24 | | shall be permitted as provided in subsection (f). | 25 | | The contract shall be awarded within 60 days after the | 26 | | auction by written notice to the lowest responsible bidder, or |
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| 1 | | all bids shall be rejected except as otherwise provided in this | 2 | | Code. Extensions of the date for the award may be made by | 3 | | mutual written consent of the State purchasing officer and the | 4 | | lowest responsible bidder. | 5 | | This subsection does not apply to (i) procurements of | 6 | | professional and artistic services, (ii) telecommunications | 7 | | services, communication services, and information services,
| 8 | | and (iii) contracts for construction projects. | 9 | | (Source: P.A. 96-159, eff. 8-10-09; 96-795, eff. 7-1-10 (see | 10 | | Section 5 of P.A. 96-793 for the effective date of changes made | 11 | | by P.A. 96-795); 97-96, eff. 7-13-11.) | 12 | | (30 ILCS 500/35-30) | 13 | | Sec. 35-30. Awards. | 14 | | (a) All State contracts for professional and artistic | 15 | | services, except as
provided in this Section, shall be awarded | 16 | | using the
competitive request for proposal process outlined in | 17 | | this Section. | 18 | | (b) For each contract offered, the chief procurement | 19 | | officer, State
purchasing officer, or his or her designee shall | 20 | | use the appropriate standard
solicitation
forms
available from | 21 | | the chief procurement officer for matters other than | 22 | | construction or the higher
education chief procurement | 23 | | officer. | 24 | | (c) Prepared forms shall be submitted to the chief | 25 | | procurement officer for matters other than construction or the |
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| 1 | | higher education chief procurement officer,
whichever is | 2 | | appropriate, for
publication in the its Illinois Procurement | 3 | | Bulletin and circulation to the chief procurement officer for | 4 | | matters other than construction
or the higher education chief | 5 | | procurement officer's list of
prequalified vendors. Notice of | 6 | | the offer or request for
proposal shall appear at least 14 days | 7 | | before the response to the offer is due. | 8 | | (d) All interested respondents shall return their | 9 | | responses to the chief procurement officer for matters other | 10 | | than construction
or the higher education chief procurement | 11 | | officer,
whichever is appropriate, which shall open
and record | 12 | | them. The chief procurement officer for matters other than | 13 | | construction or higher education chief procurement officer
| 14 | | then shall forward the responses, together
with any
information | 15 | | it has available about the qualifications and other State work
| 16 | | of the respondents. | 17 | | (e) After evaluation, ranking, and selection, the | 18 | | responsible chief
procurement officer, State purchasing | 19 | | officer, or
his or her designee shall notify the chief | 20 | | procurement officer for matters other than construction
or the | 21 | | higher education chief procurement officer, whichever is | 22 | | appropriate,
of the successful respondent and shall forward
a | 23 | | copy of the signed contract for the chief procurement officer | 24 | | for matters other than construction or higher education chief
| 25 | | procurement officer's file. The chief procurement officer for | 26 | | matters other than construction or higher education chief
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| 1 | | procurement officer shall
publish the names of the
responsible | 2 | | procurement decision-maker,
the agency letting the contract, | 3 | | the
successful respondent, a contract reference, and value of | 4 | | the let contract
in the next appropriate volume of the Illinois | 5 | | Procurement Bulletin. | 6 | | (f) For all professional and artistic contracts with | 7 | | annualized value
that exceeds $25,000, evaluation and ranking | 8 | | by price are required. Any chief
procurement officer or State | 9 | | purchasing officer,
but not their designees, may select an | 10 | | offeror other than the lowest bidder by
price. In any case, | 11 | | when the contract exceeds the $25,000 threshold and
the lowest | 12 | | bidder is not selected, the chief procurement officer or the | 13 | | State
purchasing officer shall forward together
with the | 14 | | contract notice of who the low bidder was and a written | 15 | | decision as
to why another was selected to the chief | 16 | | procurement officer for matters other than construction or
the | 17 | | higher education chief procurement officer, whichever is | 18 | | appropriate.
The chief procurement officer for matters other | 19 | | than construction or higher education chief procurement | 20 | | officer shall publish as
provided in subsection (e) of Section | 21 | | 35-30,
but
shall include notice of the chief procurement | 22 | | officer's or State purchasing
officer's written decision. | 23 | | (g) The chief procurement officer for matters other than | 24 | | construction and higher education chief
procurement officer | 25 | | may each refine, but not
contradict, this Section by | 26 | | promulgating rules
for submission to the Procurement Policy |
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| 1 | | Board and then to the Joint Committee
on Administrative Rules. | 2 | | Any
refinement shall be based on the principles and procedures | 3 | | of the federal
Architect-Engineer Selection Law, Public Law | 4 | | 92-582 Brooks Act, and the
Architectural, Engineering, and Land | 5 | | Surveying Qualifications Based Selection
Act; except that | 6 | | pricing shall be an integral part of the selection process. | 7 | | (Source: P.A. 95-331, eff. 8-21-07; 95-481, eff. 8-28-07; | 8 | | 96-920, eff. 7-1-10.) | 9 | | (30 ILCS 500/50-80 new) | 10 | | Sec. 50-80. Web-based certification portal. | 11 | | (a) The Procurement Policy Board shall maintain on its | 12 | | official website a portal for persons and businesses to submit | 13 | | the certifications and disclosures required under Article 50 | 14 | | and Section 20-160 of this Code, any certification that the | 15 | | business is owned by a minority, female, or person with a | 16 | | disability as provided under Section 2 of the Business | 17 | | Enterprise for Minorities, Females, and Persons with | 18 | | Disabilities Act, and the employer report form required by | 19 | | Section 2-101 of the Illinois Human Rights Act. The portal | 20 | | shall allow persons and businesses to register and generate a | 21 | | user ID unique to that person or business. | 22 | | (b) Notwithstanding any other law to the contrary, instead | 23 | | of submitting a certification or disclosure with the bid, | 24 | | contract, or subcontract as required under the provisions of | 25 | | Article 50 or Section 20-160 of this Code, a person or business |
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| 1 | | who is registered on the web-based portal maintained by the | 2 | | Procurement Policy Board pursuant to subsection (a) may submit | 3 | | and maintain, on the web-based portal and under the person or | 4 | | business's registered, unique user ID, the current, accurate | 5 | | certification or disclosure. | 6 | | (c) All bids submitted to and contracts executed by the | 7 | | State and all subcontracts subject to Section 20-120 of this | 8 | | Code may include a reference to the unique user ID of the | 9 | | bidder, contractor, or subcontractor. A person or business who | 10 | | elects, under subsection (b) of this Section, to maintain their | 11 | | certifications and disclosures on the web-based portal must | 12 | | include a reference to its unique user ID with all bids | 13 | | submitted to and contracts executed by the State and all | 14 | | subcontracts subject to Section 20-120. | 15 | | (d) The Procurement Policy Board may promulgate rules in | 16 | | accordance with the Illinois Administrative Procedure Act to | 17 | | implement this Section.
| 18 | | (30 ILCS 500/53-25)
| 19 | | Sec. 53-25. Public institutions of higher education. Each | 20 | | public
institution of higher education may enter into | 21 | | concessions, including the
assignment, license, sale, or | 22 | | transfer of interests in or rights to
discoveries, inventions, | 23 | | patents, or copyrightable works, for property,
whether | 24 | | tangible or intangible, over which it has jurisdiction. | 25 | | Concessions
shall be reduced to writing and shall be awarded at |
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| 1 | | the discretion of the
institution with jurisdiction over the | 2 | | property. The duration and terms of
concessions and leases | 3 | | shall be at the discretion of the institution with
jurisdiction | 4 | | over the property. Notice of the award of a concession shall be
| 5 | | published in the higher education volume of the Illinois | 6 | | Procurement Bulletin.
| 7 | | (Source: P.A. 90-572, eff. date - See Sec. 99-5.)
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| 1 | |
INDEX
| 2 | |
Statutes amended in order of appearance
| | 3 | | 30 ILCS 330/11 | from Ch. 127, par. 661 | | 4 | | 30 ILCS 425/8 | from Ch. 127, par. 2808 | | 5 | | 30 ILCS 500/15-1 | | | 6 | | 30 ILCS 500/15-15 | | | 7 | | 30 ILCS 500/15-25 | | | 8 | | 30 ILCS 500/15-35 new | | | 9 | | 30 ILCS 500/20-10 | | | 10 | | 30 ILCS 500/35-30 | | | 11 | | 30 ILCS 500/50-80 new | | | 12 | | 30 ILCS 500/53-25 | |
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