Full Text of HB3262 99th General Assembly
HB3262eng 99TH 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 20-30 as follows:
| 6 | | (30 ILCS 500/20-30)
| 7 | | Sec. 20-30. Emergency purchases.
| 8 | | (a) Conditions for use. In accordance with standards set by
| 9 | | rule, a purchasing
agency may make emergency procurements | 10 | | without competitive sealed
bidding or prior notice
when there | 11 | | exists a threat to public health or public safety, or
when | 12 | | immediate expenditure is
necessary for repairs to State | 13 | | property in order to protect
against further loss of or damage | 14 | | to
State property, to prevent or minimize serious disruption in | 15 | | critical State
services that affect health, safety, or | 16 | | collection of substantial State revenues, or to ensure the
| 17 | | integrity of State records; provided, however, that the term of | 18 | | the emergency purchase shall be limited to the time reasonably | 19 | | needed for a competitive procurement, not to exceed 90 calendar | 20 | | days. A contract may be extended beyond 90 calendar days if the | 21 | | chief procurement officer determines additional time is | 22 | | necessary and that the contract scope and duration are limited | 23 | | to the emergency. Prior to execution of the extension, the |
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| 1 | | chief procurement officer must hold a public hearing and | 2 | | provide written justification for all emergency contracts. | 3 | | Members of the public may present testimony. Emergency | 4 | | procurements shall be made
with as much competition
as is | 5 | | practicable under the circumstances.
A written
description of | 6 | | the basis for the emergency and reasons for the
selection of | 7 | | the particular
contractor shall be included in the contract | 8 | | file.
| 9 | | (b) Notice. Notice of all emergency procurements shall be | 10 | | provided to the Procurement Policy Board and published in the | 11 | | online electronic Bulletin no later than 5 calendar days after | 12 | | the contract is awarded. Notice of intent to extend an | 13 | | emergency contract shall be provided to the Procurement Policy | 14 | | Board and published in the online electronic Bulletin at least | 15 | | 14 calendar days before the public hearing. Notice shall | 16 | | include at least a description of the need for the emergency | 17 | | purchase, the contractor, and if applicable, the date, time, | 18 | | and location of the public hearing. A copy of this notice and | 19 | | all documents provided at the hearing shall be included in the | 20 | | online electronic subsequent Procurement Bulletin. The State | 21 | | purchasing officer Before the next appropriate volume of the | 22 | | Illinois Procurement
Bulletin, the purchasing agency shall | 23 | | publish in the
Illinois Procurement Bulletin a copy of each | 24 | | written description
and reasons and the total cost
of each | 25 | | emergency procurement made during the previous month.
When only | 26 | | an estimate of the
total cost is known at the time of |
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| 1 | | publication, the estimate shall
be identified as an estimate | 2 | | and
published. When the actual total cost is determined, it | 3 | | shall
also be published in like manner no later than 5 calendar | 4 | | days after it is determined
before the 10th day of the next | 5 | | succeeding month .
| 6 | | (c) Affidavits. A chief procurement officer making a | 7 | | procurement
under this Section shall file
affidavits with the | 8 | | Procurement Policy Board and the Auditor General within
10 | 9 | | calendar days
after the procurement setting
forth the amount | 10 | | expended, the name of the contractor involved,
and the | 11 | | conditions and
circumstances requiring the emergency | 12 | | procurement. When only an
estimate of the cost is
available | 13 | | within 10 calendar days after the procurement, the actual cost
| 14 | | shall be reported immediately
after it is determined. At the | 15 | | end of each fiscal quarter, the
Auditor General shall file with | 16 | | the
Legislative Audit Commission and the Governor a complete | 17 | | listing
of all emergency
procurements reported during that | 18 | | fiscal quarter. The Legislative
Audit Commission shall
review | 19 | | the emergency procurements so reported and, in its annual
| 20 | | reports, advise the General
Assembly of procurements that | 21 | | appear to constitute an abuse of
this Section.
| 22 | | (d) Quick purchases. The chief procurement officer may | 23 | | promulgate rules
extending the circumstances by which a | 24 | | purchasing agency may make purchases
under this Section, | 25 | | including but not limited to the procurement of items
available | 26 | | at a discount for a limited period of time.
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| 1 | | (e) The changes to this Section made by this amendatory Act | 2 | | of the 96th General Assembly apply to procurements executed on | 3 | | or after its effective date.
| 4 | | (Source: P.A. 98-1076, eff. 1-1-15 .)
| 5 | | Section 99. Effective date. This Act takes effect July 1, | 6 | | 2015.
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