Full Text of SB0346 97th General Assembly
SB0346sam001 97TH GENERAL ASSEMBLY | Sen. Michael W. Frerichs Filed: 5/31/2011
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| 1 | | AMENDMENT TO SENATE BILL 346
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 346 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Procurement Code is amended by | 5 | | changing Sections 1-10, 1-15.68, 20-25, 20-30, 20-43, 20-90, | 6 | | 25-15, and 50-39 and by adding Sections 1-15.63 and 1-35 as | 7 | | follows:
| 8 | | (30 ILCS 500/1-10)
| 9 | | Sec. 1-10. Application.
| 10 | | (a) This Code applies only to procurements for which | 11 | | contractors were first
solicited on or after July 1, 1998. This | 12 | | Code shall not be construed to affect
or impair any contract, | 13 | | or any provision of a contract, entered into based on a
| 14 | | solicitation prior to the implementation date of this Code as | 15 | | described in
Article 99, including but not limited to any | 16 | | covenant entered into with respect
to any revenue bonds or |
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| 1 | | similar instruments.
All procurements for which contracts are | 2 | | solicited between the effective date
of Articles 50 and 99 and | 3 | | July 1, 1998 shall be substantially in accordance
with this | 4 | | Code and its intent.
| 5 | | (b) This Code shall apply regardless of the source of the | 6 | | funds with which
the contracts are paid, including federal | 7 | | assistance moneys.
This Code shall
not apply to:
| 8 | | (1) Contracts between the State and its political | 9 | | subdivisions or other
governments, or between State | 10 | | governmental bodies except as specifically
provided in | 11 | | this Code.
| 12 | | (2) Grants, except for the filing requirements of | 13 | | Section 20-80.
| 14 | | (3) Purchase of care.
| 15 | | (4) Hiring of an individual as employee and not as an | 16 | | independent
contractor, whether pursuant to an employment | 17 | | code or policy or by contract
directly with that | 18 | | individual.
| 19 | | (5) Collective bargaining contracts.
| 20 | | (6) Purchase of real estate, except that notice of this | 21 | | type of contract with a value of more than $25,000 must be | 22 | | published in the Procurement Bulletin within 7 days after | 23 | | the deed is recorded in the county of jurisdiction. The | 24 | | notice shall identify the real estate purchased, the names | 25 | | of all parties to the contract, the value of the contract, | 26 | | and the effective date of the contract.
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| 1 | | (7) Contracts necessary to prepare for anticipated | 2 | | litigation, enforcement
actions, or investigations, | 3 | | provided
that the chief legal counsel to the Governor shall | 4 | | give his or her prior
approval when the procuring agency is | 5 | | one subject to the jurisdiction of the
Governor, and | 6 | | provided that the chief legal counsel of any other | 7 | | procuring
entity
subject to this Code shall give his or her | 8 | | prior approval when the procuring
entity is not one subject | 9 | | to the jurisdiction of the Governor.
| 10 | | (8) Contracts for
services to public institutions of | 11 | | higher education Northern Illinois University by a person, | 12 | | acting as
an independent contractor, who is qualified by | 13 | | education, experience, and
technical ability and is | 14 | | selected by negotiation for the purpose of providing
| 15 | | non-credit educational services and service activities or | 16 | | products by means of specialized
programs offered by the | 17 | | university.
| 18 | | (9) Procurement expenditures by the Illinois | 19 | | Conservation Foundation
when only private funds are used.
| 20 | | (10) Procurement expenditures by the Illinois Health | 21 | | Information Exchange Authority involving private funds | 22 | | from the Health Information Exchange Fund. "Private funds" | 23 | | means gifts, donations, and private grants. | 24 | | (11) Contracts by or on behalf of public institutions | 25 | | of higher education related to: events or activities where | 26 | | the majority of funding is provided by event revenues; |
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| 1 | | events or activities for the benefit of third parties where | 2 | | the majority of funding is provided by the third parties; | 3 | | sponsorship activities or memberships in professional, | 4 | | academic, or athletic organizations; events or activities | 5 | | where the use of specific vendors is mandated or identified | 6 | | by the organizing or sponsoring entity; purchase of library | 7 | | materials; public broadcasting media rights; and purchase | 8 | | of items for sale or rental. | 9 | | (c) This Code does not apply to the electric power | 10 | | procurement process provided for under Section 1-75 of the | 11 | | Illinois Power Agency Act and Section 16-111.5 of the Public | 12 | | Utilities Act. | 13 | | (d) Except for Section 20-160 and Article 50 of this Code, | 14 | | and as expressly required by Section 9.1 of the Illinois | 15 | | Lottery Law, the provisions of this Code do not apply to the | 16 | | procurement process provided for under Section 9.1 of the | 17 | | Illinois Lottery Law. | 18 | | (Source: P.A. 95-481, eff. 8-28-07; 95-615, eff. 9-11-07; | 19 | | 95-876, eff. 8-21-08; 96-840, eff. 12-23-09; 96-1331, eff. | 20 | | 7-27-10.)
| 21 | | (30 ILCS 500/1-15.63 new) | 22 | | Sec. 1-15.63. Public institution of higher education. | 23 | | "Public institution of higher education" means the University | 24 | | of Illinois; Southern Illinois University; Chicago State | 25 | | University; Eastern Illinois University; Governors State |
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| 1 | | University; Illinois State University; Northeastern Illinois | 2 | | University; Northern Illinois University; Western Illinois | 3 | | University; and any other public universities now or hereafter | 4 | | established or authorized by the General Assembly.
| 5 | | (30 ILCS 500/1-15.68)
| 6 | | Sec. 1-15.68. Purchase of care. "Purchase of care" means a | 7 | | contract with
a person for the furnishing of medical, | 8 | | educational, psychiatric, vocational,
rehabilitative, social, | 9 | | or human services directly to a recipient of a State
aid | 10 | | program. "Purchase of care" also means a contract for the | 11 | | furnishing of specialized materials, systems, services, or | 12 | | protocol items for the operation of medical, dental, | 13 | | veterinary, or similar facilities or clinics operated by the | 14 | | University of Illinois or Southern Illinois University.
| 15 | | (Source: P.A. 90-572, eff. 2-6-98.)
| 16 | | (30 ILCS 500/1-35 new) | 17 | | Sec. 1-35. Determinations by public institutions of higher | 18 | | education. Determinations by a public institution of higher | 19 | | education related to its ability to adequately fulfill its | 20 | | academic and research missions shall be made in writing by the | 21 | | institution.
| 22 | | (30 ILCS 500/20-25)
| 23 | | Sec. 20-25. Sole source procurements. |
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| 1 | | (a) In accordance with
standards set by rule,
contracts may | 2 | | be awarded without use of the specified
method of source | 3 | | selection when
there is only one economically feasible source | 4 | | for the item. A State contract may not be awarded as a sole | 5 | | source procurement unless approved by the chief procurement | 6 | | officer . If any person files an objection to the notice of a | 7 | | sole source procurement during the notice period required by | 8 | | subsection (c), the chief procurement officer shall provide | 9 | | following a public hearing at which the chief procurement | 10 | | officer , State purchasing officer, or State agency presents and | 11 | | purchasing agency present written justification for the | 12 | | procurement method. The Procurement Policy Board and the public | 13 | | may present testimony. | 14 | | (b) This Section may not be used as a basis for amending a | 15 | | contract for professional or artistic services if the amendment | 16 | | would result in an increase in the amount paid under the | 17 | | contract of more than 5% of the initial award, or would extend | 18 | | the contract term beyond the time reasonably needed for a | 19 | | competitive procurement, not to exceed 2 months. This | 20 | | subsection does not apply to the amendment of contracts by | 21 | | public institutions of higher education if the institution | 22 | | determines that failure to enter into any such amendment may | 23 | | impair its ability to adequately fulfill its academic and | 24 | | research missions. | 25 | | (c) Notice of intent to enter into a sole source contract | 26 | | shall be provided to the Procurement Policy Board and published |
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| 1 | | in the online electronic Bulletin at least 14 days before the | 2 | | public hearing required in subsection (a). The notice shall | 3 | | include the sole source procurement justification form | 4 | | prescribed by the Board, a description of the item to be | 5 | | procured, the intended sole source contractor, and the date, | 6 | | time, and location of the public hearing. A copy of the notice | 7 | | and all documents provided at the hearing shall be included in | 8 | | the subsequent Procurement Bulletin.
| 9 | | (d) By August 1 each year, each chief procurement officer | 10 | | shall file a report with the General Assembly identifying each | 11 | | contract the officer sought under the sole source procurement | 12 | | method and providing the justification given for seeking sole | 13 | | source as the procurement method for each of those contracts. | 14 | | (Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793 | 15 | | for the effective date of changes made by P.A. 96-795); 96-920, | 16 | | eff. 7-1-10.)
| 17 | | (30 ILCS 500/20-30)
| 18 | | Sec. 20-30. Emergency purchases.
| 19 | | (a) Conditions for use. In accordance with standards set by
| 20 | | rule, a purchasing
agency may make emergency procurements | 21 | | without competitive sealed
bidding or prior notice
when there | 22 | | exists a threat to public health or public safety, or
when | 23 | | immediate expenditure is
necessary for repairs to State | 24 | | property in order to protect
against further loss of or damage | 25 | | to
State property, to prevent or minimize serious disruption in |
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| 1 | | critical State
services that affect health, safety, or | 2 | | collection of substantial State revenues, or to ensure the
| 3 | | integrity of State records; provided, however, that the term of | 4 | | the emergency purchase shall be limited to the time reasonably | 5 | | needed for a competitive procurement, not to exceed 90 days. A | 6 | | contract may be extended beyond 90 days if the chief | 7 | | procurement officer determines additional time is necessary | 8 | | and that the contract scope and duration are limited to the | 9 | | emergency. If any person files an objection to the notice of | 10 | | extension required by subsection (b), the chief procurement | 11 | | officer shall provide a public hearing at which the chief | 12 | | procurement officer, State purchasing officer, or State agency | 13 | | presents written justification for the extension. The | 14 | | Procurement Policy Board and members Prior to execution of the | 15 | | extension, the chief procurement officer must hold a public | 16 | | hearing and provide written justification for all emergency | 17 | | contracts. Members of the public may present testimony. | 18 | | Emergency procurements shall be made
with as much competition
| 19 | | as is practicable under the circumstances.
A written
| 20 | | description of the basis for the emergency and reasons for the
| 21 | | selection of the particular
contractor shall be included in the | 22 | | contract file.
| 23 | | (b) Notice. Notice of all emergency procurements shall be | 24 | | provided to the Procurement Policy Board and published in the | 25 | | online electronic Bulletin no later than 3 business days after | 26 | | the contract is awarded. Notice of intent to extend an |
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| 1 | | emergency contract shall be provided to the Procurement Policy | 2 | | Board and published in the online electronic Bulletin at least | 3 | | 14 days before the public hearing. Notice shall include at | 4 | | least a description of the need for the emergency purchase, the | 5 | | contractor, and if applicable, the date, time, and location of | 6 | | the public hearing. A copy of this notice and all documents | 7 | | provided at the hearing shall be included in the subsequent | 8 | | Procurement Bulletin. Before the next appropriate volume of the | 9 | | Illinois Procurement
Bulletin, the purchasing agency shall | 10 | | publish in the
Illinois Procurement Bulletin a copy of each | 11 | | written description
and reasons and the total cost
of each | 12 | | emergency procurement made during the previous month.
When only | 13 | | an estimate of the
total cost is known at the time of | 14 | | publication, the estimate shall
be identified as an estimate | 15 | | and
published. When the actual total cost is determined, it | 16 | | shall
also be published in like manner
before the 10th day of | 17 | | the next succeeding month.
| 18 | | (c) Affidavits. A chief procurement officer making a | 19 | | procurement
under this Section shall file
affidavits with the | 20 | | Procurement Policy Board and the Auditor General within
10 days
| 21 | | after the procurement setting
forth the amount expended, the | 22 | | name of the contractor involved,
and the conditions and
| 23 | | circumstances requiring the emergency procurement. When only | 24 | | an
estimate of the cost is
available within 10 days after the | 25 | | procurement, the actual cost
shall be reported immediately
| 26 | | after it is determined. At the end of each fiscal quarter, the
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| 1 | | Auditor General shall file with the
Legislative Audit | 2 | | Commission and the Governor a complete listing
of all emergency
| 3 | | procurements reported during that fiscal quarter. The | 4 | | Legislative
Audit Commission shall
review the emergency | 5 | | procurements so reported and, in its annual
reports, advise the | 6 | | General
Assembly of procurements that appear to constitute an | 7 | | abuse of
this Section.
| 8 | | (d) Quick purchases. The chief procurement officer may | 9 | | promulgate rules
extending the circumstances by which a | 10 | | purchasing agency may make purchases
under this Section, | 11 | | including but not limited to the procurement of items
available | 12 | | at a discount for a limited period of time.
| 13 | | (e) The changes to this Section made by this amendatory Act | 14 | | of the 96th General Assembly apply to procurements executed on | 15 | | or after its effective date.
| 16 | | (Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793 | 17 | | for the effective date of changes made by P.A. 96-795) .)
| 18 | | (30 ILCS 500/20-43)
| 19 | | Sec. 20-43. Bidder or offeror authorized to do business in | 20 | | Illinois. In addition to meeting any other requirement of law | 21 | | or rule, a person (other than an individual acting as a sole | 22 | | proprietor) may qualify as a bidder or offeror under this Code | 23 | | only if the person is a legal entity authorized to do business | 24 | | in Illinois prior to submitting the bid, offer, or proposal. A | 25 | | public institution of higher education may consider a bid or |
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| 1 | | offer from a person not authorized to do business in Illinois | 2 | | if the institution determines that failure to accept a bid or | 3 | | offer may impair its ability to adequately fulfill its academic | 4 | | and research missions and if such authorization to do business | 5 | | in Illinois, if required, is obtained prior to execution of | 6 | | contract.
| 7 | | (Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793 | 8 | | for the effective date of P.A. 96-795) .)
| 9 | | (30 ILCS 500/20-90)
| 10 | | Sec. 20-90. Foreign country procurements. Procurements to | 11 | | meet the needs
of State offices located in foreign countries , | 12 | | procurements related to higher education program activities | 13 | | that operate in foreign countries, and procurements made by a | 14 | | public institution of higher education from a foreign entity | 15 | | that does not maintain an office in the United States shall | 16 | | comply with the provisions
of this Code to the extent | 17 | | practical.
| 18 | | (Source: P.A. 90-572, eff. date - See Sec. 99-5.)
| 19 | | (30 ILCS 500/25-15)
| 20 | | Sec. 25-15. Method of source selection.
| 21 | | (a) Competitive sealed bidding. Except as provided in
| 22 | | subsection (b) and Sections 20-20,
20-25, and 20-30,
all State
| 23 | | contracts for supplies and services shall be awarded by
| 24 | | competitive sealed bidding in accordance with
Section 20-10.
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| 1 | | (b) Other methods. Unless otherwise provided by law, the | 2 | | The chief procurement officer may establish by rule
(i) | 3 | | categories of purchases, including non-governmental joint | 4 | | purchases, that
may
be made without competitive sealed bidding | 5 | | and (ii) the most
competitive alternate method of source
| 6 | | selection that shall be used for each category of purchase. | 7 | | (c) Academic and research mission needs of public | 8 | | institutions of higher education. A public institution of | 9 | | higher education may accept modified vendor qualifications, | 10 | | including applicable registrations, certifications, | 11 | | disclosures, and other requirements if it determines in writing | 12 | | that failure to accept such modified qualifications may impair | 13 | | its ability to adequately fulfill its academic and research | 14 | | missions.
| 15 | | (Source: P.A. 90-572, eff. date - See Sec. 99-5.)
| 16 | | (30 ILCS 500/50-39) | 17 | | Sec. 50-39. Procurement communications reporting | 18 | | requirement. | 19 | | (a) Any written or oral communication that (i) is received | 20 | | by a State employee who, by nature of his or her duties has the | 21 | | authority to participate personally and substantially in the | 22 | | award of a State contract and (ii) that imparts or requests | 23 | | material information or makes a material argument regarding | 24 | | potential action concerning a procurement matter, including, | 25 | | but not limited to, an application, a contract, or a project, |
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| 1 | | shall be reported to the Procurement Policy Board. When | 2 | | multiple State employees are party to the same communication, | 3 | | only one need report. These communications do not include the | 4 | | following: (i) statements by a person publicly made in a public | 5 | | forum; (ii) statements regarding matters of procedure and | 6 | | practice, such as format, the number of copies required, the | 7 | | manner of filing, and the status of a matter; and (iii) | 8 | | statements made by a State employee of the agency to the agency | 9 | | head or other employees of that agency or to the employees of | 10 | | the Executive Ethics Commission ; (iv) statements made by an | 11 | | employee of a State agency or a public institution of higher | 12 | | education concerning cooperative procurement activities among | 13 | | or between State agencies or public institutions of higher | 14 | | education and any institutional cooperatives, organizations, | 15 | | and entities where a public institution of higher education is | 16 | | a member; (v) communications related to grants, research, or | 17 | | sponsored programs administered by public institutions of | 18 | | higher education; (vi) communications regarding transactions | 19 | | less than the small purchase amount set forth in this Code for | 20 | | procurements made on behalf of public institutions of higher | 21 | | education; and (vii) proprietary information . The provisions | 22 | | of this Section shall not apply to communications regarding the | 23 | | administration and implementation of an existing contract, | 24 | | except communications regarding change orders or the renewal or | 25 | | extension of a contract. | 26 | | (b) The report required by subsection (a) shall be |
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| 1 | | submitted monthly and include at least the following: (i) the | 2 | | date and time of each communication; (ii) the identity of each | 3 | | person from whom the written or oral communication was | 4 | | received, the individual or entity represented by that person, | 5 | | and any action the person requested or recommended; (iii) the | 6 | | identity and job title of the person to whom each communication | 7 | | was made; (iv) if a response is made, the identity and job | 8 | | title of the person making each response; (v) a detailed | 9 | | summary of the points made by each person involved in the | 10 | | communication; (vi) the duration of the communication; (vii) | 11 | | the location or locations of all persons involved in the | 12 | | communication and, if the communication occurred by telephone, | 13 | | the telephone numbers for the callers and recipients of the | 14 | | communication; and (viii) any other pertinent information. | 15 | | (c) Additionally, when an oral communication made by a | 16 | | person required to register under the Lobbyist Registration Act | 17 | | is received by a State employee that is covered under this | 18 | | Section, all individuals who initiate or participate in the | 19 | | oral communication shall submit a written report to that State | 20 | | employee that memorializes the communication and includes, but | 21 | | is not limited to, the items listed in subsection (b). | 22 | | (d) The Procurement Policy Board shall make each report | 23 | | submitted pursuant to this Section available on its website | 24 | | within 7 days after its receipt of the report. The Procurement | 25 | | Policy Board may promulgate rules to ensure compliance with | 26 | | this Section. |
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| 1 | | (e) The reporting requirements shall also be conveyed | 2 | | through ethics training under the State Employees and Officials | 3 | | and Employees Ethics Act. An employee who knowingly and | 4 | | intentionally violates this Section may shall be subject to | 5 | | suspension or discharge. The Executive Ethics Commission shall | 6 | | promulgate rules, including emergency rules, to implement this | 7 | | Section. | 8 | | (f) This Section becomes operative on January 1, 2011. | 9 | | (Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793 | 10 | | for the effective date of changes made by P.A. 96-795); 96-920, | 11 | | eff. 7-1-10; revised 9-27-10.) | 12 | | Section 10. The Governmental Joint Purchasing Act is | 13 | | amended by changing Sections 2, 3, and 4 as follows:
| 14 | | (30 ILCS 525/2) (from Ch. 85, par. 1602)
| 15 | | Sec. 2. Joint purchasing authority. | 16 | | (a) Any governmental unit may purchase personal property, | 17 | | supplies
and services jointly with one or more other | 18 | | governmental units. All such joint
purchases shall be by | 19 | | competitive selection bids as provided in Section 4 of this | 20 | | Act.
The provisions of any other acts under which a | 21 | | governmental unit operates which
refer to purchases and | 22 | | procedures in connection therewith shall be superseded
by the | 23 | | provisions of this Act when the governmental units are | 24 | | exercising the
joint powers created by this Act.
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| 1 | | (a-5) The Department of Central Management Services may | 2 | | purchase personal property, supplies, and services jointly | 3 | | with a governmental entity of another state or with a | 4 | | consortium of governmental entities of one or more other | 5 | | states. Subject to provisions of the joint purchasing | 6 | | solicitation, the Department of Central Management Services | 7 | | may designate the resulting contract as available to | 8 | | governmental units in Illinois. | 9 | | (b) Any not-for-profit agency that qualifies under Section | 10 | | 45-35 of the Illinois Procurement Code and that either (1) acts | 11 | | pursuant to a board
established by or controlled by a unit of | 12 | | local government or (2) receives
grant funds from the State or | 13 | | from a unit of local government, shall be
eligible to | 14 | | participate in contracts established by the State. | 15 | | (c) Illinois public institutions of higher education may | 16 | | purchase personal property, supplies, and services jointly | 17 | | with a governmental, educational, medical, research, or | 18 | | similar entity, or with a consortium of such entities, where | 19 | | such joint purchasing is in the best interests of the | 20 | | institution. If a public institution of higher education is not | 21 | | the lead party to the joint purchase, Sections 3 and 4 are not | 22 | | applicable.
| 23 | | (Source: P.A. 96-584, eff. 1-1-10.)
| 24 | | (30 ILCS 525/3) (from Ch. 85, par. 1603)
| 25 | | Sec. 3. Conduct of competitive selection bid-letting . |
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| 1 | | Under any agreement of governmental units that desire to make | 2 | | joint
purchases pursuant to subsection (a) of Section 2, one of | 3 | | the governmental units shall conduct the competitive selection | 4 | | process letting of bids .
Where the State of Illinois is a party | 5 | | to the joint purchase agreement, the
Department of Central | 6 | | Management Services or designated public institution of higher | 7 | | education shall conduct the competitive selection process | 8 | | letting of
bids . Expenses of such competitive selection | 9 | | processes bid-letting may be shared by the participating
| 10 | | governmental units in proportion to the amount of personal | 11 | | property,
supplies or services each unit purchases.
| 12 | | When the State of Illinois is the lead a party to the joint
| 13 | | purchase agreement pursuant to subsection (a) of Section 2, the | 14 | | acceptance of competitive selection process responses bids | 15 | | shall be in
accordance with the Illinois Procurement Code and
| 16 | | rules promulgated under that Code. When the State of
Illinois | 17 | | is not the lead a party to the joint purchase agreement, the
| 18 | | acceptance of competitive selection process responses bids | 19 | | shall be governed by the agreement.
| 20 | | When the State of Illinois is a party to a joint purchase | 21 | | agreement pursuant to subsection (a-5) of Section 2, the State | 22 | | governmental unit may act as the lead procurement entity state | 23 | | or as a participant state. When the State of Illinois | 24 | | procurement entity is the lead procurement entity state , all | 25 | | such joint purchases shall be conducted in accordance with the | 26 | | Illinois Procurement Code. When Illinois is a participant |
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| 1 | | state, all such joint purchases shall be conducted in | 2 | | accordance with the procurement laws of the procurement | 3 | | entity's lead state; provided that all such joint procurements | 4 | | must be by competitive selection process sealed bid . For those | 5 | | contracts where the governmental unit is the lead procurement | 6 | | entity, all All resulting awards shall be published in the | 7 | | appropriate volume of the Illinois Procurement Bulletin as may | 8 | | be required by Illinois law governing publication of the | 9 | | solicitation, protest, and award of Illinois State contracts. | 10 | | Contracts resulting from a joint purchase shall contain all | 11 | | provisions required by Illinois law and rule to the extent | 12 | | practical . | 13 | | The personal
property, supplies or services involved shall | 14 | | be distributed or rendered
directly to each governmental unit | 15 | | taking part in the purchase. The person
selling the personal | 16 | | property, supplies or services may bill each
governmental unit | 17 | | separately for its proportionate share of the cost of the
| 18 | | personal property, supplies or services purchased.
| 19 | | The credit or liability of each governmental unit shall | 20 | | remain separate
and distinct. Disputes between bidders and | 21 | | governmental units shall be resolved
between the immediate | 22 | | parties.
| 23 | | (Source: P.A. 96-584, eff. 1-1-10.)
| 24 | | (30 ILCS 525/4) (from Ch. 85, par. 1604)
| 25 | | Sec. 4. Bids and proposals . The purchases of all personal |
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| 1 | | property, supplies and services under
this Act shall be based | 2 | | on competitive, sealed bids and proposals . For purchases | 3 | | pursuant to subsection (a) of Section 2, bids or proposals | 4 | | shall be
solicited by public notice inserted at least once in a | 5 | | newspaper of general
circulation in one of the counties where | 6 | | the materials are to be used and
at least 5 calendar days | 7 | | before the final date of submitting bids or proposals . Where
| 8 | | the State of Illinois is a party to the joint purchase | 9 | | agreement, public
notice of the seeking of soliciting the bids | 10 | | or proposals shall be publicized inserted in the appropriate | 11 | | volume of the Illinois Procurement Bulletin. Such notice shall | 12 | | include a general description of the personal
property, | 13 | | supplies or services to be purchased and shall state where all
| 14 | | blanks and specifications may be obtained and the time and | 15 | | place for the
opening of bids or proposals . The governmental | 16 | | unit conducting the competitive selection process bid-letting | 17 | | may also
solicit sealed bids or proposals by sending requests | 18 | | by mail to prospective suppliers
and by posting notices on a | 19 | | public bulletin board in its office.
| 20 | | All purchases, orders or contracts shall be awarded to the | 21 | | lowest
responsible bidder or proposer , taking into | 22 | | consideration the qualities of the articles
or services | 23 | | supplied, their conformity with the specifications, their
| 24 | | suitability to the requirements of the participating | 25 | | governmental units and
the delivery terms.
| 26 | | Where the State of Illinois is not a party, all bids or |
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| 1 | | proposals may be rejected and
new bids or proposals solicited | 2 | | if one or more of the participating governmental units
believes | 3 | | the public interest may be served thereby. Each bid or | 4 | | proposal , with the name
of the bidder, shall be entered on a | 5 | | record, which record with the
successful bid or proposal | 6 | | indicated thereon shall, after the award of the purchase or
| 7 | | order or contract, be open to public inspection. A copy of all | 8 | | contracts
shall be filed with the purchasing agent or clerk or | 9 | | secretary of each
participating governmental unit.
| 10 | | (Source: P.A. 96-584, eff. 1-1-10.)
| 11 | | Section 99. Effective date. This Act takes effect upon | 12 | | becoming law.".
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