Full Text of HB4205 98th General Assembly
HB4205enr 98TH GENERAL ASSEMBLY |
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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 Illinois Procurement Code is amended by | 5 | | changing Section 15-25 as follows: | 6 | | (30 ILCS 500/15-25) | 7 | | Sec. 15-25. Bulletin content. | 8 | | (a) Invitations for bids. Notice of each and every contract | 9 | | that is
offered, including renegotiated contracts and change | 10 | | orders,
shall be published in the Bulletin, and all businesses | 11 | | listed on the Department of Transportation Disadvantaged | 12 | | Business Enterprise Directory, the Department of Central | 13 | | Management Services Business Enterprise Program and Small | 14 | | Business Vendors Directory, and the Capital Development | 15 | | Board's Directory of Certified Minority and Female Business | 16 | | Enterprises shall be furnished written instructions and | 17 | | information on how to register on each Procurement Bulletin | 18 | | maintained by the State. Such information shall be provided to | 19 | | each business within 30 days after the business' notice of | 20 | | certification. The applicable chief procurement officer
may | 21 | | provide by rule an organized format for the publication of this
| 22 | | information, but in any case it must include at least the date | 23 | | first offered,
the date submission of offers is due, the |
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| 1 | | location that offers are to be
submitted to, the purchasing | 2 | | State agency, the responsible State purchasing
officer, a brief | 3 | | purchase description, the method of source selection,
| 4 | | information of how to obtain a comprehensive purchase | 5 | | description and any
disclosure and contract forms, and | 6 | | encouragement to prospective vendors to hire qualified | 7 | | veterans, as defined by Section 45-67 of this Code, and | 8 | | qualified Illinois minorities, women, persons with | 9 | | disabilities, and residents discharged from any Illinois adult | 10 | | correctional center. | 11 | | (b) Contracts let. Notice of each and every contract that | 12 | | is let, including renegotiated contracts and change orders, | 13 | | shall be issued electronically to those bidders or offerors | 14 | | submitting responses to the solicitations, inclusive of the | 15 | | unsuccessful bidders, immediately upon contract let. Failure | 16 | | of any chief procurement officer to give such notice shall | 17 | | result in tolling the time for filing a bid protest up to 5 | 18 | | business days. The apparent low bidder's award and all other | 19 | | bids from bidders responding to solicitations shall be posted | 20 | | on the agency's website the next business day.
| 21 | | (b-5) Contracts awarded. Notice of each and every contract | 22 | | that is awarded, including renegotiated contracts and change | 23 | | orders, shall be issued electronically to the successful | 24 | | responsible bidder or offeror, posted on the agency's website | 25 | | the next business day, and published in the next available | 26 | | subsequent Bulletin. The applicable chief procurement officer |
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| 1 | | may provide by rule an organized format for the publication of | 2 | | this information, but in any case it must include at least all | 3 | | of the information specified in subsection (a) as well as the | 4 | | name of the successful responsible bidder or offeror, the | 5 | | contract price, the number of unsuccessful responsive bidders, | 6 | | and any other disclosure specified in any Section of this Code. | 7 | | This notice must be posted in the online electronic Bulletin | 8 | | prior to execution of the contract. | 9 | | (c) Emergency purchase disclosure. Any chief procurement | 10 | | officer or State
purchasing officer exercising emergency | 11 | | purchase authority under
this Code shall publish a written | 12 | | description and reasons and the total cost,
if known, or an | 13 | | estimate if unknown and the name of the responsible chief
| 14 | | procurement officer and State purchasing officer, and the | 15 | | business or person
contracted with for all emergency purchases | 16 | | in
the next timely, practicable Bulletin. This notice must be | 17 | | posted in the online electronic Bulletin no later than 3 | 18 | | business days after the contract is awarded.
Notice of a | 19 | | hearing to extend an emergency contract must be posted in the | 20 | | online electronic Procurement Bulletin no later than 5 business | 21 | | days prior to the hearing. | 22 | | (c-5) Business Enterprise Program report. Each purchasing | 23 | | agency shall, with the assistance of the applicable chief | 24 | | procurement officer, post in the online electronic Bulletin a | 25 | | copy of its annual report of utilization of businesses owned by | 26 | | minorities, females, and persons with disabilities as |
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| 1 | | submitted to the Business Enterprise Council for Minorities, | 2 | | Females, and Persons with Disabilities pursuant to Section 6(c) | 3 | | of the Business Enterprise for Minorities, Females, and Persons | 4 | | with Disabilities Act within 10 business days after its | 5 | | submission of its report to the Council.
| 6 | | (c-10) Renewals. Notice of each contract renewal shall be | 7 | | posted in the online electronic Bulletin within 10 business | 8 | | days of the determination to renew the contract and the next | 9 | | available subsequent Bulletin. The notice shall include at | 10 | | least all of the information required in subsection (b).
| 11 | | (c-15) Sole source procurements. Before entering into a | 12 | | sole source contract, a chief procurement officer exercising | 13 | | sole source procurement authority under this Code shall publish | 14 | | a written description of intent to enter into a sole source | 15 | | contract along with a description of the item to be procured | 16 | | and the intended sole source contractor. This notice must be | 17 | | posted in the online electronic Procurement Bulletin before a | 18 | | sole source contract is awarded and at least 14 days before the | 19 | | hearing required by Section 20-25. | 20 | | (d) Other required disclosure. The applicable chief | 21 | | procurement officer
shall provide by rule for the organized | 22 | | publication of all other disclosure
required in other Sections | 23 | | of this Code in a timely manner. | 24 | | (e) The changes to subsections (b), (c), (c-5), (c-10), and | 25 | | (c-15) of this Section made by this amendatory Act of the 96th | 26 | | General Assembly apply to reports submitted, offers made, and |
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| 1 | | notices on contracts executed on or after its effective date.
| 2 | | (f) Each chief procurement officer shall, in consultation | 3 | | with the agencies under his or her jurisdiction, provide the | 4 | | Procurement Policy Board with the information and resources | 5 | | necessary, and in a manner, to effectuate the purpose of this | 6 | | amendatory Act of the 96th General Assembly. | 7 | | (Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793 | 8 | | for the effective date of changes made by P.A. 96-795); | 9 | | 96-1444, eff. 8-20-10; 97-895, eff. 8-3-12.)
| 10 | | Section 99. Effective date. This Act takes effect upon | 11 | | becoming law.
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