Full Text of SB3294 97th General Assembly
SB3294 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 SB3294 Introduced 2/7/2012, by Sen. Kirk W. Dillard SYNOPSIS AS INTRODUCED: |
| 30 ILCS 525/2 | from Ch. 85, par. 1602 | 30 ILCS 525/3 | from Ch. 85, par. 1603 | 30 ILCS 525/4 | from Ch. 85, par. 1604 | 30 ILCS 525/4.2 | from Ch. 85, par. 1604.2 |
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Amends the Governmental Joint Purchasing Act. Provides that a chief procurement officer (now, the Department of Central Management Services) may authorize the purchase of personal property, supplies, and services jointly with a governmental entity of this or another state. Provides that, under a joint purchase agreement of governmental units, one of the governmental units shall conduct the competitive selection process (now, letting of bids). Provides that the purchase of all personal property, supplies, and services under the Act shall be based on competitive solicitations (now, competitive sealed bids). Effective immediately.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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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 Governmental Joint Purchasing Act is amended | 5 | | by changing Sections 2, 3, 4, and 4.2 as follows:
| 6 | | (30 ILCS 525/2) (from Ch. 85, par. 1602)
| 7 | | Sec. 2. Joint purchasing authority. | 8 | | (a) Any governmental unit may purchase personal property, | 9 | | supplies
and services jointly with one or more other | 10 | | governmental units. All such joint
purchases shall be by | 11 | | competitive solicitation bids as provided in Section 4 of this | 12 | | Act.
The provisions of any other acts under which a | 13 | | governmental unit operates which
refer to purchases and | 14 | | procedures in connection therewith shall be superseded
by the | 15 | | provisions of this Act when the governmental units are | 16 | | exercising the
joint powers created by this Act.
| 17 | | (a-5) A chief procurement officer established in Section | 18 | | 10-20 of the Illinois Procurement Code The Department of | 19 | | Central Management Services may authorize the purchase of | 20 | | personal property, supplies, and services jointly with a | 21 | | governmental entity of this or another state or with a | 22 | | consortium of governmental entities of one or more other | 23 | | states. Subject to provisions of the joint purchasing |
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| 1 | | solicitation, the appropriate chief procurement officer | 2 | | Department of Central Management Services may designate the | 3 | | resulting contract as available to governmental units in | 4 | | Illinois. | 5 | | (b) Any not-for-profit agency that qualifies under Section | 6 | | 45-35 of the Illinois Procurement Code and that either (1) acts | 7 | | pursuant to a board
established by or controlled by a unit of | 8 | | local government or (2) receives
grant funds from the State or | 9 | | from a unit of local government, shall be
eligible to | 10 | | participate in contracts established by the State.
| 11 | | (Source: P.A. 96-584, eff. 1-1-10.)
| 12 | | (30 ILCS 525/3) (from Ch. 85, par. 1603)
| 13 | | Sec. 3. Conduct of competitive selection bid-letting . | 14 | | Under any agreement of governmental units that desire to make | 15 | | joint
purchases pursuant to subsection (a) of Section 2, one of | 16 | | the governmental units shall conduct the competitive selection | 17 | | process letting of bids .
Where the State of Illinois is a party | 18 | | to the joint purchase agreement, the appropriate chief | 19 | | procurement officer
Department of Central Management Services | 20 | | shall conduct or authorize the competitive selection process | 21 | | letting of
bids . Expenses of such competitive selection process | 22 | | bid-letting may be shared by the participating
governmental | 23 | | units in proportion to the amount of personal property,
| 24 | | supplies or services each unit purchases.
| 25 | | When the State of Illinois is a party to the joint
purchase |
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| 1 | | agreement pursuant to subsection (a) of Section 2, the | 2 | | acceptance of responses to the competitive selection process | 3 | | bids shall be in
accordance with the Illinois Procurement Code | 4 | | and
rules promulgated under that Code. When the State of
| 5 | | Illinois is not a party to the joint purchase agreement, the
| 6 | | acceptance of responses to the competitive selection process | 7 | | bids shall be governed by the agreement.
| 8 | | When the State of Illinois is a party to a joint purchase | 9 | | agreement pursuant to subsection (a-5) of Section 2, the State | 10 | | may act as the lead state or as a participant state. When the | 11 | | State of Illinois is the lead state, all such joint purchases | 12 | | shall be conducted in accordance with the Illinois Procurement | 13 | | Code. When Illinois is a participant state, all such joint | 14 | | purchases shall be conducted in accordance with the procurement | 15 | | laws of the lead state; provided that all such joint | 16 | | procurements must be by competitive solicitation process | 17 | | sealed bid . All resulting awards shall be published in the | 18 | | appropriate volume of the Illinois Procurement Bulletin as may | 19 | | be required by Illinois law governing publication of the | 20 | | solicitation, protest, and award of Illinois State contracts. | 21 | | Contracts resulting from a joint purchase shall contain all | 22 | | provisions required by Illinois law and rule. | 23 | | The personal
property, supplies or services involved shall | 24 | | be distributed or rendered
directly to each governmental unit | 25 | | taking part in the purchase. The person
selling the personal | 26 | | property, supplies or services may bill each
governmental unit |
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| 1 | | separately for its proportionate share of the cost of the
| 2 | | personal property, supplies or services purchased.
| 3 | | The credit or liability of each governmental unit shall | 4 | | remain separate
and distinct. Disputes between bidders or | 5 | | proposers and governmental units shall be resolved
between the | 6 | | immediate parties.
| 7 | | (Source: P.A. 96-584, eff. 1-1-10.)
| 8 | | (30 ILCS 525/4) (from Ch. 85, par. 1604)
| 9 | | Sec. 4. Bids and proposals . The purchases of all personal | 10 | | property, supplies and services under
this Act shall be based | 11 | | on competitive solicitations , sealed bids . For purchases | 12 | | pursuant to subsection (a) of Section 2, bids and proposals | 13 | | shall be
solicited by public notice inserted at least once in a | 14 | | newspaper of general
circulation in one of the counties where | 15 | | the materials are to be used and
at least 5 calendar days | 16 | | before the final date of submitting bids or proposals . Where
| 17 | | the State of Illinois is a party to the joint purchase | 18 | | agreement, public
notice soliciting the bids shall be published | 19 | | inserted in the appropriate volume of the Illinois Procurement | 20 | | Bulletin. Such notice shall include a general description of | 21 | | the personal
property, supplies or services to be purchased and | 22 | | shall state where all
blanks and specifications may be obtained | 23 | | and the time and place for the
opening of bids and proposals . | 24 | | The governmental unit conducting the competitive selection | 25 | | process bid-letting may also
solicit sealed bids or proposals |
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| 1 | | by sending requests by mail to prospective suppliers
and by | 2 | | posting notices on a public bulletin board in its office.
| 3 | | All purchases, orders or contracts shall be awarded to the | 4 | | lowest
responsible bidder or highest-ranked proposer , taking | 5 | | into consideration the qualities of the articles
or services | 6 | | supplied, their conformity with the specifications, their
| 7 | | suitability to the requirements of the participating | 8 | | governmental units and
the delivery terms.
| 9 | | Where the State of Illinois is not a party, all bids or | 10 | | proposals may be rejected and
new bids or proposals solicited | 11 | | if one or more of the participating governmental units
believes | 12 | | the public interest may be served thereby. Each bid or | 13 | | proposal , with the name
of the bidder or proposer , shall be | 14 | | entered on a record, which record with the
successful bid or | 15 | | proposal indicated thereon shall, after the award of the | 16 | | purchase or
order or contract, be open to public inspection. A | 17 | | copy of all contracts
shall be filed with the purchasing office | 18 | | agent or clerk or secretary of each
participating governmental | 19 | | unit.
| 20 | | (Source: P.A. 96-584, eff. 1-1-10.)
| 21 | | (30 ILCS 525/4.2) (from Ch. 85, par. 1604.2)
| 22 | | Sec. 4.2.
Any governmental unit may, without violating any | 23 | | bidding
requirement otherwise applicable to it, procure | 24 | | personal property, supplies
and services under any contract let | 25 | | by the State pursuant to lawful
procurement procedures. |
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| 1 | | Purchases made by the State of Illinois must be approved or | 2 | | authorized by the appropriate chief procurement officer.
| 3 | | (Source: P.A. 87-960.)
| 4 | | Section 99. Effective date. This Act takes effect upon | 5 | | becoming law.
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