Full Text of SB1401 100th General Assembly
SB1401sam001 100TH GENERAL ASSEMBLY | Sen. Pat McGuire Filed: 5/12/2017
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| 1 | | AMENDMENT TO SENATE BILL 1401
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1401 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Procurement Code is amended by | 5 | | re-enacting Sections 1-12 and 1-13, by changing Sections 1-10, | 6 | | 1-15.93, 20-10, 20-15, 20-20, 30-30, 35-30, 35-35, 40-25, | 7 | | 45-15, and 45-40 and by adding Sections 1-12.1, 1-13.1, | 8 | | 1-15.48, 20-20.1, and 25-85 as follows:
| 9 | | (30 ILCS 500/1-10)
| 10 | | Sec. 1-10. Application.
| 11 | | (a) This Code applies only to procurements for which | 12 | | bidders, offerors, potential contractors, or contractors were | 13 | | first
solicited on or after July 1, 1998. This Code shall not | 14 | | be construed to affect
or impair any contract, or any provision | 15 | | of a contract, entered into based on a
solicitation prior to | 16 | | the implementation date of this Code as described in
Article |
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| 1 | | 99, including but not limited to any covenant entered into with | 2 | | respect
to any revenue bonds or similar instruments.
All | 3 | | procurements for which contracts are solicited between the | 4 | | effective date
of Articles 50 and 99 and July 1, 1998 shall be | 5 | | substantially in accordance
with this Code and its intent.
| 6 | | (b) This Code shall apply regardless of the source of the | 7 | | funds with which
the contracts are paid, including federal | 8 | | assistance moneys.
This Code shall
not apply to:
| 9 | | (1) Contracts between the State and its political | 10 | | subdivisions or other
governments, or between State | 11 | | governmental bodies except as specifically
provided in | 12 | | this Code.
| 13 | | (2) Grants, except for the filing requirements of | 14 | | Section 20-80.
| 15 | | (3) Purchase of care.
| 16 | | (4) Hiring of an individual as employee and not as an | 17 | | independent
contractor, whether pursuant to an employment | 18 | | code or policy or by contract
directly with that | 19 | | individual.
| 20 | | (5) Collective bargaining contracts.
| 21 | | (6) Purchase of real estate, except that notice of this | 22 | | type of contract with a value of more than $25,000 must be | 23 | | published in the Procurement Bulletin within 10 calendar | 24 | | days after the deed is recorded in the county of | 25 | | jurisdiction. The notice shall identify the real estate | 26 | | purchased, the names of all parties to the contract, the |
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| 1 | | value of the contract, and the effective date of the | 2 | | contract.
| 3 | | (7) Contracts necessary to prepare for anticipated | 4 | | litigation, enforcement
actions, or investigations, | 5 | | provided
that the chief legal counsel to the Governor shall | 6 | | give his or her prior
approval when the procuring agency is | 7 | | one subject to the jurisdiction of the
Governor, and | 8 | | provided that the chief legal counsel of any other | 9 | | procuring
entity
subject to this Code shall give his or her | 10 | | prior approval when the procuring
entity is not one subject | 11 | | to the jurisdiction of the Governor.
| 12 | | (8) Contracts for
services to Northern Illinois | 13 | | University by a person, acting as
an independent | 14 | | contractor, who is qualified by education, experience, and
| 15 | | technical ability and is selected by negotiation for the | 16 | | purpose of providing
non-credit educational service | 17 | | activities or products by means of specialized
programs | 18 | | offered by the university.
| 19 | | (9) Procurement expenditures by the Illinois | 20 | | Conservation Foundation
when only private funds are used.
| 21 | | (10) Procurement expenditures by the Illinois Health | 22 | | Information Exchange Authority involving private funds | 23 | | from the Health Information Exchange Fund. "Private funds" | 24 | | means gifts, donations, and private grants. | 25 | | (11) Public-private agreements entered into according | 26 | | to the procurement requirements of Section 20 of the |
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| 1 | | Public-Private Partnerships for Transportation Act and | 2 | | design-build agreements entered into according to the | 3 | | procurement requirements of Section 25 of the | 4 | | Public-Private Partnerships for Transportation Act. | 5 | | (12) Contracts for legal, financial, and other | 6 | | professional and artistic services entered into on or | 7 | | before December 31, 2018 by the Illinois Finance Authority | 8 | | in which the State of Illinois is not obligated. Such | 9 | | contracts shall be awarded through a competitive process | 10 | | authorized by the Board of the Illinois Finance Authority | 11 | | and are subject to Sections 5-30, 20-160, 50-13, 50-20, | 12 | | 50-35, and 50-37 of this Code, as well as the final | 13 | | approval by the Board of the Illinois Finance Authority of | 14 | | the terms of the contract. | 15 | | (13) The provisions of this paragraph (13), other than | 16 | | this sentence, are inoperative on and after January 1, 2019 | 17 | | or 2 years after the effective date of this amendatory Act | 18 | | of the 99th General Assembly, whichever is later. Contracts | 19 | | for services, commodities, and equipment to support the | 20 | | delivery of timely forensic science services in | 21 | | consultation with and subject to the approval of the Chief | 22 | | Procurement Officer as provided in subsection (d) of | 23 | | Section 5-4-3a of the Unified Code of Corrections, except | 24 | | for the requirements of Sections 20-60, 20-65, 20-70, and | 25 | | 20-160 and Article 50 of this Code; however, the Chief | 26 | | Procurement Officer may, in writing with justification, |
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| 1 | | waive any certification required under Article 50 of this | 2 | | Code. For any contracts for services which are currently | 3 | | provided by members of a collective bargaining agreement, | 4 | | the applicable terms of the collective bargaining | 5 | | agreement concerning subcontracting shall be followed. | 6 | | Notwithstanding any other provision of law, contracts | 7 | | entered into under item (12) of this subsection (b) shall be | 8 | | published in the Procurement Bulletin within 14 calendar days | 9 | | after contract execution. The chief procurement officer shall | 10 | | prescribe the form and content of the notice. The Illinois | 11 | | Finance Authority shall provide the chief procurement officer, | 12 | | on a monthly basis, in the form and content prescribed by the | 13 | | chief procurement officer, a report of contracts that are | 14 | | related to the procurement of goods and services identified in | 15 | | item (12) of this subsection (b). At a minimum, this report | 16 | | shall include the name of the contractor, a description of the | 17 | | supply or service provided, the total amount of the contract, | 18 | | the term of the contract, and the exception to the Code | 19 | | utilized. A copy of each of these contracts shall be made | 20 | | available to the chief procurement officer immediately upon | 21 | | request. The chief procurement officer shall submit a report to | 22 | | the Governor and General Assembly no later than November 1 of | 23 | | each year that shall include, at a minimum, an annual summary | 24 | | of the monthly information reported to the chief procurement | 25 | | officer. | 26 | | (c) This Code does not apply to the electric power |
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| 1 | | procurement process provided for under Section 1-75 of the | 2 | | Illinois Power Agency Act and Section 16-111.5 of the Public | 3 | | Utilities Act. | 4 | | (d) Except for Section 20-160 and Article 50 of this Code, | 5 | | and as expressly required by Section 9.1 of the Illinois | 6 | | Lottery Law, the provisions of this Code do not apply to the | 7 | | procurement process provided for under Section 9.1 of the | 8 | | Illinois Lottery Law. | 9 | | (e) This Code does not apply to the process used by the | 10 | | Capital Development Board to retain a person or entity to | 11 | | assist the Capital Development Board with its duties related to | 12 | | the determination of costs of a clean coal SNG brownfield | 13 | | facility, as defined by Section 1-10 of the Illinois Power | 14 | | Agency Act, as required in subsection (h-3) of Section 9-220 of | 15 | | the Public Utilities Act, including calculating the range of | 16 | | capital costs, the range of operating and maintenance costs, or | 17 | | the sequestration costs or monitoring the construction of clean | 18 | | coal SNG brownfield facility for the full duration of | 19 | | construction. | 20 | | (f) This Code does not apply to the process used by the | 21 | | Illinois Power Agency to retain a mediator to mediate sourcing | 22 | | agreement disputes between gas utilities and the clean coal SNG | 23 | | brownfield facility, as defined in Section 1-10 of the Illinois | 24 | | Power Agency Act, as required under subsection (h-1) of Section | 25 | | 9-220 of the Public Utilities Act. | 26 | | (g) This Code does not apply to the processes used by the |
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| 1 | | Illinois Power Agency to retain a mediator to mediate contract | 2 | | disputes between gas utilities and the clean coal SNG facility | 3 | | and to retain an expert to assist in the review of contracts | 4 | | under subsection (h) of Section 9-220 of the Public Utilities | 5 | | Act. This Code does not apply to the process used by the | 6 | | Illinois Commerce Commission to retain an expert to assist in | 7 | | determining the actual incurred costs of the clean coal SNG | 8 | | facility and the reasonableness of those costs as required | 9 | | under subsection (h) of Section 9-220 of the Public Utilities | 10 | | Act. | 11 | | (h) This Code does not apply to the process to procure or | 12 | | contracts entered into in accordance with Sections 11-5.2 and | 13 | | 11-5.3 of the Illinois Public Aid Code. | 14 | | (i) Each chief procurement officer may access records | 15 | | necessary to review whether a contract, purchase, or other | 16 | | expenditure is or is not subject to the provisions of this | 17 | | Code, unless such records would be subject to attorney-client | 18 | | privilege. | 19 | | (j) This Code does not apply to the process used by the | 20 | | Capital Development Board to retain an artist or work or works | 21 | | of art as required in Section 14 of the Capital Development | 22 | | Board Act. | 23 | | (k) This Code does not apply to the process to procure | 24 | | contracts, or contracts entered into, by the State Board of | 25 | | Elections or the State Electoral Board for hearing officers | 26 | | appointed pursuant to the Election Code. |
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| 1 | | (l) This Code does not apply to leases of clinical space by | 2 | | public institutions of higher education for uses related | 3 | | scientific and medical research. | 4 | | (m) This Code does not apply to services required by | 5 | | academic partners of public institutions of higher education | 6 | | where funds for services are required by the academic partners | 7 | | in order to fund collaborative clinical and academic programs | 8 | | in support of the public institution of higher education. | 9 | | (Source: P.A. 98-90, eff. 7-15-13; 98-463, eff. 8-16-13; | 10 | | 98-572, eff. 1-1-14; 98-756, eff. 7-16-14; 98-1076, eff. | 11 | | 1-1-15; 99-801, eff. 1-1-17 .)
| 12 | | (30 ILCS 500/1-12) | 13 | | (Section scheduled to be repealed on December 31, 2016) | 14 | | Sec. 1-12. Applicability to artistic or musical services. | 15 | | (a) This Code shall
not apply to procurement expenditures | 16 | | necessary to provide artistic or musical services, | 17 | | performances, or theatrical productions held at a venue | 18 | | operated or leased by a State agency. | 19 | | (b) Notice of each contract entered into by a State agency | 20 | | that is related to the procurement of goods and services | 21 | | identified in this Section shall be published in the Illinois | 22 | | Procurement Bulletin within 14 calendar days after contract | 23 | | execution. The chief procurement officer shall prescribe the | 24 | | form and content of the notice. Each State agency shall provide | 25 | | the chief procurement officer, on a monthly basis, in the form |
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| 1 | | and content prescribed by the chief procurement officer, a | 2 | | report of contracts that are related to the procurement of | 3 | | goods and services identified in this Section. At a minimum, | 4 | | this report shall include the name of the contractor, a | 5 | | description of the supply or service provided, the total amount | 6 | | of the contract, the term of the contract, and the exception to | 7 | | the Code utilized. A copy of any or all of these contracts | 8 | | shall be made available to the chief procurement officer | 9 | | immediately upon request. The chief procurement officer shall | 10 | | submit a report to the Governor and General Assembly no later | 11 | | than November 1 of each year that shall include, at a minimum, | 12 | | an annual summary of the monthly information reported to the | 13 | | chief procurement officer. | 14 | | (c) (Blank).
This Section is repealed December 31, 2016.
| 15 | | (Source: P.A. 97-895, eff. 8-3-12; 98-1076, eff. 1-1-15 .) | 16 | | (30 ILCS 500/1-12.1 new) | 17 | | Sec. 1-12.1. Continuation of Section 1-12 of this Code; | 18 | | validation. | 19 | | (a) The General Assembly finds and declares that: | 20 | | (1) This amendatory Act of the 100th General Assembly | 21 | | manifests the intention of the General Assembly to remove | 22 | | the repeal of Section 1-12 of this Code. | 23 | | (2) Section 1-12 of this Code was originally enacted to | 24 | | protect, promote, and preserve the general welfare. Any | 25 | | construction of Section 1-12 of this Code that results in |
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| 1 | | the repeal of that Section on December 31, 2016 would be | 2 | | inconsistent with the manifest intent of the General | 3 | | Assembly and repugnant to the context of this Code. | 4 | | (b) It is hereby declared to have been the intent of the | 5 | | General Assembly that Section 1-12 of this Code not be subject | 6 | | to repeal on December 31, 2016. | 7 | | (c) Section 1-12 of this Code shall be deemed to have been | 8 | | in continuous effect since August 3, 2012 (the effective date | 9 | | of Public Act 97-895), and it shall continue to be in effect | 10 | | henceforward until it is otherwise lawfully repealed. All | 11 | | previously enacted amendments to Section 1-12 of this Code | 12 | | taking effect on or after December 31, 2016, are hereby | 13 | | validated. | 14 | | (d) All actions taken in reliance on or pursuant to Section | 15 | | 1-12 of this Code in the procurement of artistic or musical | 16 | | services are hereby validated. | 17 | | (e) In order to ensure the continuing effectiveness of | 18 | | Section 1-12 of this Code, it is set forth in full and | 19 | | re-enacted by this amendatory Act of the 100th General | 20 | | Assembly. This re-enactment is intended as a continuation of | 21 | | that Section. It is not intended to supersede any amendment to | 22 | | that Section that is enacted by the 100th General Assembly. | 23 | | (f) In this amendatory Act of the 100th General Assembly, | 24 | | the base text of the reenacted Section is set forth as amended | 25 | | by Public Act 98-1076. Striking and underscoring is used only | 26 | | to show changes being made to the base text. |
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| 1 | | (g) Section 1-12 of this Code applies to all procurements | 2 | | made on or before the effective date of this amendatory Act of | 3 | | the 100th General Assembly. | 4 | | (30 ILCS 500/1-13) | 5 | | (Section scheduled to be repealed on December 31, 2016) | 6 | | Sec. 1-13. Applicability to public institutions of higher | 7 | | education. | 8 | | (a) This Code shall apply to public institutions of higher | 9 | | education, regardless of the source of the funds with which | 10 | | contracts are paid, except as provided in this Section. | 11 | | (b) Except as provided in this Section, this Code shall not | 12 | | apply to procurements made by or on behalf of public | 13 | | institutions of higher education for any of the following: | 14 | | (1) Memberships in professional, academic, research, | 15 | | or athletic organizations on behalf of a public institution | 16 | | of higher education, an employee of a public institution of | 17 | | higher education, or a student at a public institution of | 18 | | higher education. | 19 | | (2) Procurement expenditures for events or activities | 20 | | paid for exclusively by revenues generated by the event or | 21 | | activity, gifts or donations for the event or activity, | 22 | | private grants, or any combination thereof. | 23 | | (3) Procurement expenditures for events or activities | 24 | | for which the use of specific potential contractors is | 25 | | mandated or identified by the sponsor of the event or |
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| 1 | | activity, provided that the sponsor is providing a majority | 2 | | of the funding for the event or activity. | 3 | | (4) Procurement expenditures necessary to provide | 4 | | athletic, artistic or musical services, performances, | 5 | | events, or productions held at a venue operated by or for a | 6 | | public institution of higher education. | 7 | | (5) Procurement expenditures for periodicals and | 8 | | books , subscriptions, database licenses, and other | 9 | | publications procured for use by a university library or | 10 | | academic department, except for expenditures related to | 11 | | procuring textbooks for student use or materials for resale | 12 | | or rental. | 13 | | (6) Procurement expenditures for placement of students | 14 | | in externships, practicums, field experiences, and for | 15 | | medical residencies and rotations. | 16 | | (7) Contracts for programming and broadcast license | 17 | | rights for university-operated radio and television | 18 | | stations. | 19 | | (8) Procurement expenditures necessary to perform | 20 | | sponsored research and other sponsored activities under | 21 | | grants and contracts funded by the sponsor or by sources | 22 | | other than State appropriations. | 23 | | (9) Contracts with a foreign entity for research or | 24 | | educational activities, provided that the foreign entity | 25 | | either does not maintain an office in the United States or | 26 | | is the sole source of the service or product. |
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| 1 | | (10) Procurement of food items for commercial resale on | 2 | | the campus of or at a facility controlled by an institution | 3 | | of higher education. | 4 | | Notice of each contract entered into by a public institution of | 5 | | higher education that is related to the procurement of goods | 6 | | and services identified in items (1) through (10) (7) of this | 7 | | subsection shall be published in the Procurement Bulletin | 8 | | within 14 calendar days after contract execution. The Chief | 9 | | Procurement Officer shall prescribe the form and content of the | 10 | | notice. Each public institution of higher education shall | 11 | | provide the Chief Procurement Officer, on a monthly basis, in | 12 | | the form and content prescribed by the Chief Procurement | 13 | | Officer, a report of contracts that are related to the | 14 | | procurement of goods and services identified in this | 15 | | subsection. At a minimum, this report shall include the name of | 16 | | the contractor, a description of the supply or service | 17 | | provided, the total amount of the contract, the term of the | 18 | | contract, and the exception to the Code utilized. A copy of any | 19 | | or all of these contracts shall be made available to the Chief | 20 | | Procurement Officer immediately upon request. The Chief | 21 | | Procurement Officer shall submit a report to the Governor and | 22 | | General Assembly no later than November 1 of each year that | 23 | | shall include, at a minimum, an annual summary of the monthly | 24 | | information reported to the Chief Procurement Officer. | 25 | | (b-5) Except as provided in this subsection, the provisions | 26 | | of this Code shall not apply to contracts for medical |
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| 1 | | FDA-regulated supplies, and to contracts for medical services | 2 | | necessary for the delivery of care and treatment at medical, | 3 | | dental, or veterinary teaching facilities utilized by Southern | 4 | | Illinois University or the University of Illinois and at any | 5 | | university-operated health care center or dispensary that | 6 | | provides care, treatment, and medications for students, | 7 | | faculty and staff . Other supplies and services needed for these | 8 | | teaching facilities shall be subject to the jurisdiction of the | 9 | | Chief Procurement Officer for Public Institutions of Higher | 10 | | Education who may establish expedited procurement procedures | 11 | | and may waive or modify certification, contract, hearing, | 12 | | process and registration requirements required by the Code. All | 13 | | procurements made under this subsection shall be documented and | 14 | | may require publication in the Illinois Procurement Bulletin. | 15 | | (c) Procurements made by or on behalf of public | 16 | | institutions of higher education for any of the following shall | 17 | | be made in accordance with the requirements of this Code to the | 18 | | extent practical as provided in this subsection: | 19 | | (1) Contracts with a foreign entity necessary for | 20 | | research or educational activities, provided that the | 21 | | foreign entity either does not maintain an office in the | 22 | | United States or is the sole source of the service or | 23 | | product. | 24 | | (2) (Blank). | 25 | | (3) (Blank). | 26 | | (4) Procurements required for fulfillment of a grant. |
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| 1 | | Upon the written request of a public institution of higher | 2 | | education, the Chief Procurement Officer may waive | 3 | | registration, certification, and hearing requirements of this | 4 | | Code if, based on the item to be procured or the terms of a | 5 | | grant, compliance is impractical. The public institution of | 6 | | higher education shall provide the Chief Procurement Officer | 7 | | with specific reasons for the waiver, including the necessity | 8 | | of contracting with a particular potential contractor, and | 9 | | shall certify that an effort was made in good faith to comply | 10 | | with the provisions of this Code. The Chief Procurement Officer | 11 | | shall provide written justification for any waivers. By | 12 | | November 1 of each year, the Chief Procurement Officer shall | 13 | | file a report with the General Assembly identifying each | 14 | | contract approved with waivers and providing the justification | 15 | | given for any waivers for each of those contracts. Notice of | 16 | | each waiver made under this subsection shall be published in | 17 | | the Procurement Bulletin within 14 calendar days after contract | 18 | | execution. The Chief Procurement Officer shall prescribe the | 19 | | form and content of the notice. | 20 | | (d) Notwithstanding this Section, a waiver of the | 21 | | registration requirements of Section 20-160 does not permit a | 22 | | business entity and any affiliated entities or affiliated | 23 | | persons to make campaign contributions if otherwise prohibited | 24 | | by Section 50-37. The total amount of contracts awarded in | 25 | | accordance with this Section shall be included in determining | 26 | | the aggregate amount of contracts or pending bids of a business |
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| 1 | | entity and any affiliated entities or affiliated persons. | 2 | | (e) Notwithstanding subsection (e) of Section 50-10.5 of | 3 | | this Code, the Chief Procurement Officer, with the approval of | 4 | | the Executive Ethics Commission, may permit a public | 5 | | institution of higher education to accept a bid or enter into a | 6 | | contract with a business that assisted the public institution | 7 | | of higher education in determining whether there is a need for | 8 | | a contract or assisted in reviewing, drafting, or preparing | 9 | | documents related to a bid or contract, provided that the bid | 10 | | or contract is essential to research administered by the public | 11 | | institution of higher education and it is in the best interest | 12 | | of the public institution of higher education to accept the bid | 13 | | or contract. For purposes of this subsection, "business" | 14 | | includes all individuals with whom a business is affiliated, | 15 | | including, but not limited to, any officer, agent, employee, | 16 | | consultant, independent contractor, director, partner, | 17 | | manager, or shareholder of a business. The Executive Ethics | 18 | | Commission may promulgate rules and regulations for the | 19 | | implementation and administration of the provisions of this | 20 | | subsection (e). | 21 | | (f) As used in this Section: | 22 | | "Grant" means non-appropriated funding provided by a | 23 | | federal or private entity to support a project or program | 24 | | administered by a public institution of higher education and | 25 | | any non-appropriated funding provided to a sub-recipient of the | 26 | | grant. |
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| 1 | | "Public institution of higher education" means Chicago | 2 | | State University, Eastern Illinois University, Governors State | 3 | | University, Illinois State University, Northeastern Illinois | 4 | | University, Northern Illinois University, Southern Illinois | 5 | | University, University of Illinois, Western Illinois | 6 | | University, and, for purposes of this Code only, the Illinois | 7 | | Mathematics and Science Academy. | 8 | | (g) (Blank). This Section is repealed on December 31, 2016.
| 9 | | (Source: P.A. 97-643, eff. 12-20-11; 97-895, eff. 8-3-12; | 10 | | 98-1076, eff. 1-1-15 .) | 11 | | (30 ILCS 500/1-13.1 new) | 12 | | Sec. 1-13.1. Continuation of Section 1-13 of this Code; | 13 | | validation. | 14 | | (a) The General Assembly finds and declares that: | 15 | | (1) Public Act 98-1076, which took effect on January 1, | 16 | | 2015, changed the repeal date set for Section 1-13 of this | 17 | | Code from December 31, 2014 to December 31, 2016. | 18 | | (2) The Statute on Statutes sets forth general rules on | 19 | | the repeal of statutes and the construction of multiple | 20 | | amendments, but Section 1 of that Act also states that | 21 | | these rules will not be observed when the result would be | 22 | | "inconsistent with the manifest intent of the General | 23 | | Assembly or repugnant to the context of the statute". | 24 | | (3) This amendatory Act of the 100th General Assembly | 25 | | manifests the intention of the General Assembly to remove |
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| 1 | | the repeal of Section 1-13 of this Code. | 2 | | (4) Section 1-13 of this Code was originally enacted to | 3 | | protect, promote, and preserve the general welfare. Any | 4 | | construction of Section 1-13 of this Code that results in | 5 | | the repeal of that Section on December 31, 2014 would be | 6 | | inconsistent with the manifest intent of the General | 7 | | Assembly and repugnant to the context of this Code. | 8 | | (b) It is hereby declared to have been the intent of the | 9 | | General Assembly that Section 1-13 of this Code not be subject | 10 | | to repeal on December 31, 2014. | 11 | | (c) Section 1-13 of this Code shall be deemed to have been | 12 | | in continuous effect since December 20, 2011 (the effective | 13 | | date of Public Act 97-643), and it shall continue to be in | 14 | | effect henceforward until it is otherwise lawfully repealed. | 15 | | All previously enacted amendments to Section 1-13 of this Code | 16 | | taking effect on or after December 31, 2014, are hereby | 17 | | validated. | 18 | | (d) All actions taken in reliance on or pursuant to Section | 19 | | 1-13 of this Code by any public institution of higher | 20 | | education, person, or entity are hereby validated. | 21 | | (e) In order to ensure the continuing effectiveness of | 22 | | Section 1-13 of this Code, it is set forth in full and | 23 | | re-enacted by this amendatory Act of the 100th General | 24 | | Assembly. This re-enactment is intended as a continuation of | 25 | | that Section. It is not intended to supersede any amendment to | 26 | | that Section that is enacted by the 100th General Assembly. |
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| 1 | | (f) In this amendatory Act of the 100th General Assembly, | 2 | | the base text of the reenacted Section is set forth as amended | 3 | | by Public Act 98-1076. Striking and underscoring is used only | 4 | | to show changes being made to the base text. In this instance, | 5 | | no underscoring or striking is shown in the base text because | 6 | | no additional changes are being made. | 7 | | (g) Section 1-13 of this Code applies to all procurements | 8 | | made on or before the effective date of this amendatory Act of | 9 | | the 100th General Assembly. | 10 | | (30 ILCS 500/1-15.48 new) | 11 | | Sec. 1-15.48. Multiple award. "Multiple award" means an | 12 | | award that is made to 2 or more bidders or offerors for similar | 13 | | supplies, services, or construction-related services. | 14 | | (30 ILCS 500/1-15.93) | 15 | | (Section scheduled to be repealed on January 1, 2020) | 16 | | Sec. 1-15.93. Single prime. "Single prime" means the | 17 | | design-bid-build procurement delivery method for a building | 18 | | construction project in which the Capital Development Board or | 19 | | a public institution of higher education is the construction | 20 | | agency procuring 2 or more subdivisions of work enumerated in | 21 | | paragraphs (1) through (5) of subsection (a) of Section 30-30 | 22 | | of this Code under a single contract. This Section is repealed | 23 | | on January 1, 2020.
| 24 | | (Source: P.A. 99-257, eff. 8-4-15.)
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| 1 | | (30 ILCS 500/20-10)
| 2 | | (Text of Section before amendment by P.A. 99-906 )
| 3 | | (Text of Section from P.A. 96-159, 96-588, 97-96, 97-895, | 4 | | and 98-1076) | 5 | | Sec. 20-10. Competitive sealed bidding; reverse auction.
| 6 | | (a) Conditions for use. All contracts shall be awarded by
| 7 | | competitive sealed bidding
except as otherwise provided in | 8 | | Section 20-5.
| 9 | | (b) Invitation for bids. An invitation for bids shall be
| 10 | | issued and shall include a
purchase description and the | 11 | | material contractual terms and
conditions applicable to the
| 12 | | procurement.
| 13 | | (c) Public notice. Public notice of the invitation for bids | 14 | | shall be
published in the Illinois Procurement Bulletin at | 15 | | least 14 calendar days before the date
set in the invitation | 16 | | for the opening of bids.
| 17 | | (d) Bid opening. Bids shall be opened publicly in the
| 18 | | presence of one or more witnesses
at the time and place | 19 | | designated in the invitation for bids. The
name of each bidder, | 20 | | the amount
of each bid, and other relevant information as may | 21 | | be specified by
rule shall be
recorded. After the award of the | 22 | | contract, the winning bid and the
record of each unsuccessful | 23 | | bid shall be open to
public inspection.
| 24 | | (e) Bid acceptance and bid evaluation. Bids shall be
| 25 | | unconditionally accepted without
alteration or correction, |
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| 1 | | except as authorized in this Code. Bids
shall be evaluated | 2 | | based on the
requirements set forth in the invitation for bids, | 3 | | which may
include criteria to determine
acceptability such as | 4 | | inspection, testing, quality, workmanship,
delivery, and | 5 | | suitability for a
particular purpose. Those criteria that will | 6 | | affect the bid price
and be considered in evaluation
for award, | 7 | | such as discounts, transportation costs, and total or
life | 8 | | cycle costs, shall be
objectively measurable. The invitation | 9 | | for bids shall set forth
the evaluation criteria to be used.
| 10 | | (f) Correction or withdrawal of bids. Correction or
| 11 | | withdrawal of inadvertently
erroneous bids before or after | 12 | | award, or cancellation of awards of
contracts based on bid
| 13 | | mistakes, shall be permitted in accordance with rules.
After | 14 | | bid opening, no
changes in bid prices or other provisions of | 15 | | bids prejudicial to
the interest of the State or fair
| 16 | | competition shall be permitted. All decisions to permit the
| 17 | | correction or withdrawal of bids
based on bid mistakes shall be | 18 | | supported by written determination
made by a State purchasing | 19 | | officer.
| 20 | | (g) Award. The contract shall be awarded with reasonable
| 21 | | promptness by written notice
to the lowest responsible and | 22 | | responsive bidder whose bid meets
the requirements and criteria
| 23 | | set forth in the invitation for bids, except when a State | 24 | | purchasing officer
determines it is not in the best interest of | 25 | | the State and by written
explanation determines another bidder | 26 | | shall receive the award. The explanation
shall appear in the |
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| 1 | | appropriate volume of the Illinois Procurement Bulletin. The | 2 | | written explanation must include:
| 3 | | (1) a description of the agency's needs; | 4 | | (2) a determination that the anticipated cost will be | 5 | | fair and reasonable; | 6 | | (3) a listing of all responsible and responsive | 7 | | bidders; and | 8 | | (4) the name of the bidder selected, the total contract | 9 | | price, and the reasons for selecting that bidder. | 10 | | When a multiple award is contemplated, the solicitation | 11 | | shall identify the award criteria and a detailed method of | 12 | | selecting from among the multiple awardees. | 13 | | Each chief procurement officer may adopt guidelines to | 14 | | implement the requirements of this subsection (g). | 15 | | The written explanation shall be filed with the Legislative | 16 | | Audit Commission and the Procurement Policy Board, and be made | 17 | | available for inspection by the public, within 30 calendar days | 18 | | after the agency's decision to award the contract. | 19 | | (h) Multi-step sealed bidding. When it is considered
| 20 | | impracticable to initially prepare
a purchase description to | 21 | | support an award based on price, an
invitation for bids may be | 22 | | issued
requesting the submission of unpriced offers to be | 23 | | followed by written requests for sealed quotes with pricing to | 24 | | meet the need and an
invitation for bids limited to the pool of
| 25 | | those bidders whose offers have been qualified under the | 26 | | criteria
set forth in the first solicitation.
|
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| 1 | | (i) Alternative procedures. Notwithstanding any other | 2 | | provision of this Act to the contrary, the Director of the | 3 | | Illinois Power Agency may create alternative bidding | 4 | | procedures to be used in procuring professional services under | 5 | | subsection (a) of Section 1-75 and subsection (d) of Section | 6 | | 1-78 of the Illinois Power Agency Act and Section 16-111.5(c) | 7 | | of the Public Utilities Act and to procure renewable energy | 8 | | resources under Section 1-56 of the Illinois Power Agency Act. | 9 | | These alternative procedures shall be set forth together with | 10 | | the other criteria contained in the invitation for bids, and | 11 | | shall appear in the appropriate volume of the Illinois | 12 | | Procurement Bulletin.
| 13 | | (j) Reverse auction. Notwithstanding any other provision | 14 | | of this Section and in accordance with rules adopted by the | 15 | | chief procurement officer, that chief procurement officer may | 16 | | procure supplies or services through a competitive electronic | 17 | | auction bidding process after the chief procurement officer | 18 | | determines that the use of such a process will be in the best | 19 | | interest of the State. The chief procurement officer shall | 20 | | publish that determination in his or her next volume of the | 21 | | Illinois Procurement Bulletin. | 22 | | An invitation for bids shall be issued and shall include | 23 | | (i) a procurement description, (ii) all contractual terms, | 24 | | whenever practical, and (iii) conditions applicable to the | 25 | | procurement, including a notice that bids will be received in | 26 | | an electronic auction manner. |
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| 1 | | Public notice of the invitation for bids shall be given in | 2 | | the same manner as provided in subsection (c). | 3 | | Bids shall be accepted electronically at the time and in | 4 | | the manner designated in the invitation for bids. During the | 5 | | auction, a bidder's price shall be disclosed to other bidders. | 6 | | Bidders shall have the opportunity to reduce their bid prices | 7 | | during the auction. At the conclusion of the auction, the | 8 | | record of the bid prices received and the name of each bidder | 9 | | shall be open to public inspection. | 10 | | After the auction period has terminated, withdrawal of bids | 11 | | shall be permitted as provided in subsection (f). | 12 | | The contract shall be awarded within 60 calendar days after | 13 | | the auction by written notice to the lowest responsible bidder, | 14 | | or all bids shall be rejected except as otherwise provided in | 15 | | this Code. Extensions of the date for the award may be made by | 16 | | mutual written consent of the State purchasing officer and the | 17 | | lowest responsible bidder. | 18 | | This subsection does not apply to (i) procurements of | 19 | | professional and artistic services, (ii) telecommunications | 20 | | services, communication services, and information services, | 21 | | and (iii) contracts for construction projects, including | 22 | | design professional services. | 23 | | (Source: P.A. 97-96, eff. 7-13-11; 97-895, eff. 8-3-12; | 24 | | 98-1076, eff. 1-1-15.)
| 25 | | (Text of Section from P.A. 96-159, 96-795, 97-96, 97-895, |
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| 1 | | and 98-1076)
| 2 | | Sec. 20-10. Competitive sealed bidding; reverse auction.
| 3 | | (a) Conditions for use. All contracts shall be awarded by
| 4 | | competitive sealed bidding
except as otherwise provided in | 5 | | Section 20-5.
| 6 | | (b) Invitation for bids. An invitation for bids shall be
| 7 | | issued and shall include a
purchase description and the | 8 | | material contractual terms and
conditions applicable to the
| 9 | | procurement.
| 10 | | (c) Public notice. Public notice of the invitation for bids | 11 | | shall be
published in the Illinois Procurement Bulletin at | 12 | | least 14 calendar days before the date
set in the invitation | 13 | | for the opening of bids.
| 14 | | (d) Bid opening. Bids shall be opened publicly in the
| 15 | | presence of one or more witnesses
at the time and place | 16 | | designated in the invitation for bids. The
name of each bidder, | 17 | | the amount
of each bid, and other relevant information as may | 18 | | be specified by
rule shall be
recorded. After the award of the | 19 | | contract, the winning bid and the
record of each unsuccessful | 20 | | bid shall be open to
public inspection.
| 21 | | (e) Bid acceptance and bid evaluation. Bids shall be
| 22 | | unconditionally accepted without
alteration or correction, | 23 | | except as authorized in this Code. Bids
shall be evaluated | 24 | | based on the
requirements set forth in the invitation for bids, | 25 | | which may
include criteria to determine
acceptability such as | 26 | | inspection, testing, quality, workmanship,
delivery, and |
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|
| 1 | | suitability for a
particular purpose. Those criteria that will | 2 | | affect the bid price
and be considered in evaluation
for award, | 3 | | such as discounts, transportation costs, and total or
life | 4 | | cycle costs, shall be
objectively measurable. The invitation | 5 | | for bids shall set forth
the evaluation criteria to be used.
| 6 | | (f) Correction or withdrawal of bids. Correction or
| 7 | | withdrawal of inadvertently
erroneous bids before or after | 8 | | award, or cancellation of awards of
contracts based on bid
| 9 | | mistakes, shall be permitted in accordance with rules.
After | 10 | | bid opening, no
changes in bid prices or other provisions of | 11 | | bids prejudicial to
the interest of the State or fair
| 12 | | competition shall be permitted. All decisions to permit the
| 13 | | correction or withdrawal of bids
based on bid mistakes shall be | 14 | | supported by written determination
made by a State purchasing | 15 | | officer.
| 16 | | (g) Award. The contract shall be awarded with reasonable
| 17 | | promptness by written notice
to the lowest responsible and | 18 | | responsive bidder whose bid meets
the requirements and criteria
| 19 | | set forth in the invitation for bids, except when a State | 20 | | purchasing officer
determines it is not in the best interest of | 21 | | the State and by written
explanation determines another bidder | 22 | | shall receive the award. The explanation
shall appear in the | 23 | | appropriate volume of the Illinois Procurement Bulletin. The | 24 | | written explanation must include:
| 25 | | (1) a description of the agency's needs; | 26 | | (2) a determination that the anticipated cost will be |
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| 1 | | fair and reasonable; | 2 | | (3) a listing of all responsible and responsive | 3 | | bidders; and | 4 | | (4) the name of the bidder selected, the total contract | 5 | | price, and the reasons for selecting that bidder. | 6 | | When a multiple award is contemplated, the solicitation | 7 | | shall identify the award criteria and a detailed method of | 8 | | selecting from among the multiple awardees. | 9 | | Each chief procurement officer may adopt guidelines to | 10 | | implement the requirements of this subsection (g). | 11 | | The written explanation shall be filed with the Legislative | 12 | | Audit Commission and the Procurement Policy Board, and be made | 13 | | available for inspection by the public, within 30 days after | 14 | | the agency's decision to award the contract. | 15 | | (h) Multi-step sealed bidding. When it is considered
| 16 | | impracticable to initially prepare
a purchase description to | 17 | | support an award based on price, an
invitation for bids may be | 18 | | issued
requesting the submission of unpriced offers to be | 19 | | followed by written requests for sealed quotes with pricing to | 20 | | meet the need and an
invitation for bids limited to the pool of
| 21 | | those bidders whose offers have been qualified under the | 22 | | criteria
set forth in the first solicitation.
| 23 | | (i) Alternative procedures. Notwithstanding any other | 24 | | provision of this Act to the contrary, the Director of the | 25 | | Illinois Power Agency may create alternative bidding | 26 | | procedures to be used in procuring professional services under |
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| 1 | | subsection (a) of Section 1-75 and subsection (d) of Section | 2 | | 1-78 of the Illinois Power Agency Act and Section 16-111.5(c) | 3 | | of the Public Utilities Act and to procure renewable energy | 4 | | resources under Section 1-56 of the Illinois Power Agency Act. | 5 | | These alternative procedures shall be set forth together with | 6 | | the other criteria contained in the invitation for bids, and | 7 | | shall appear in the appropriate volume of the Illinois | 8 | | Procurement Bulletin.
| 9 | | (j) Reverse auction. Notwithstanding any other provision | 10 | | of this Section and in accordance with rules adopted by the | 11 | | chief procurement officer, that chief procurement officer may | 12 | | procure supplies or services through a competitive electronic | 13 | | auction bidding process after the chief procurement officer | 14 | | determines that the use of such a process will be in the best | 15 | | interest of the State. The chief procurement officer shall | 16 | | publish that determination in his or her next volume of the | 17 | | Illinois Procurement Bulletin. | 18 | | An invitation for bids shall be issued and shall include | 19 | | (i) a procurement description, (ii) all contractual terms, | 20 | | whenever practical, and (iii) conditions applicable to the | 21 | | procurement, including a notice that bids will be received in | 22 | | an electronic auction manner. | 23 | | Public notice of the invitation for bids shall be given in | 24 | | the same manner as provided in subsection (c). | 25 | | Bids shall be accepted electronically at the time and in | 26 | | the manner designated in the invitation for bids. During the |
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| 1 | | auction, a bidder's price shall be disclosed to other bidders. | 2 | | Bidders shall have the opportunity to reduce their bid prices | 3 | | during the auction. At the conclusion of the auction, the | 4 | | record of the bid prices received and the name of each bidder | 5 | | shall be open to public inspection. | 6 | | After the auction period has terminated, withdrawal of bids | 7 | | shall be permitted as provided in subsection (f). | 8 | | The contract shall be awarded within 60 calendar days after | 9 | | the auction by written notice to the lowest responsible bidder, | 10 | | or all bids shall be rejected except as otherwise provided in | 11 | | this Code. Extensions of the date for the award may be made by | 12 | | mutual written consent of the State purchasing officer and the | 13 | | lowest responsible bidder. | 14 | | This subsection does not apply to (i) procurements of | 15 | | professional and artistic services, (ii) telecommunications | 16 | | services, communication services, and information services,
| 17 | | and (iii) contracts for construction projects, including | 18 | | design professional services. | 19 | | (Source: P.A. 97-96, eff. 7-13-11; 97-895, eff. 8-3-12; | 20 | | 98-1076, eff. 1-1-15 .) | 21 | | (Text of Section after amendment by P.A. 99-906 ) | 22 | | (Text of Section from P.A. 96-159, 96-588, 97-96, 97-895, | 23 | | 98-1076, and 99-906) | 24 | | Sec. 20-10. Competitive sealed bidding; reverse auction.
| 25 | | (a) Conditions for use. All contracts shall be awarded by
|
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| 1 | | competitive sealed bidding
except as otherwise provided in | 2 | | Section 20-5.
| 3 | | (b) Invitation for bids. An invitation for bids shall be
| 4 | | issued and shall include a
purchase description and the | 5 | | material contractual terms and
conditions applicable to the
| 6 | | procurement.
| 7 | | (c) Public notice. Public notice of the invitation for bids | 8 | | shall be
published in the Illinois Procurement Bulletin at | 9 | | least 14 calendar days before the date
set in the invitation | 10 | | for the opening of bids.
| 11 | | (d) Bid opening. Bids shall be opened publicly in the
| 12 | | presence of one or more witnesses
at the time and place | 13 | | designated in the invitation for bids. The
name of each bidder, | 14 | | the amount
of each bid, and other relevant information as may | 15 | | be specified by
rule shall be
recorded. After the award of the | 16 | | contract, the winning bid and the
record of each unsuccessful | 17 | | bid shall be open to
public inspection.
| 18 | | (e) Bid acceptance and bid evaluation. Bids shall be
| 19 | | unconditionally accepted without
alteration or correction, | 20 | | except as authorized in this Code. Bids
shall be evaluated | 21 | | based on the
requirements set forth in the invitation for bids, | 22 | | which may
include criteria to determine
acceptability such as | 23 | | inspection, testing, quality, workmanship,
delivery, and | 24 | | suitability for a
particular purpose. Those criteria that will | 25 | | affect the bid price
and be considered in evaluation
for award, | 26 | | such as discounts, transportation costs, and total or
life |
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| 1 | | cycle costs, shall be
objectively measurable. The invitation | 2 | | for bids shall set forth
the evaluation criteria to be used.
| 3 | | (f) Correction or withdrawal of bids. Correction or
| 4 | | withdrawal of inadvertently
erroneous bids before or after | 5 | | award, or cancellation of awards of
contracts based on bid
| 6 | | mistakes, shall be permitted in accordance with rules.
After | 7 | | bid opening, no
changes in bid prices or other provisions of | 8 | | bids prejudicial to
the interest of the State or fair
| 9 | | competition shall be permitted. All decisions to permit the
| 10 | | correction or withdrawal of bids
based on bid mistakes shall be | 11 | | supported by written determination
made by a State purchasing | 12 | | officer.
| 13 | | (g) Award. The contract shall be awarded with reasonable
| 14 | | promptness by written notice
to the lowest responsible and | 15 | | responsive bidder whose bid meets
the requirements and criteria
| 16 | | set forth in the invitation for bids, except when a State | 17 | | purchasing officer
determines it is not in the best interest of | 18 | | the State and by written
explanation determines another bidder | 19 | | shall receive the award. The explanation
shall appear in the | 20 | | appropriate volume of the Illinois Procurement Bulletin. The | 21 | | written explanation must include:
| 22 | | (1) a description of the agency's needs; | 23 | | (2) a determination that the anticipated cost will be | 24 | | fair and reasonable; | 25 | | (3) a listing of all responsible and responsive | 26 | | bidders; and |
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| 1 | | (4) the name of the bidder selected, the total contract | 2 | | price, and the reasons for selecting that bidder. | 3 | | When a multiple award is contemplated, the solicitation | 4 | | shall identify the award criteria and a detailed method of | 5 | | selecting from among the multiple awardees. | 6 | | Each chief procurement officer may adopt guidelines to | 7 | | implement the requirements of this subsection (g). | 8 | | The written explanation shall be filed with the Legislative | 9 | | Audit Commission and the Procurement Policy Board, and be made | 10 | | available for inspection by the public, within 30 calendar days | 11 | | after the agency's decision to award the contract. | 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 written requests for sealed quotes with pricing to | 17 | | meet the need and an
invitation for bids limited to the pool of
| 18 | | those bidders whose offers have been qualified under the | 19 | | criteria
set forth in the first solicitation.
| 20 | | (i) Alternative procedures. Notwithstanding any other | 21 | | provision of this Act to the contrary, the Director of the | 22 | | Illinois Power Agency may create alternative bidding | 23 | | procedures to be used in procuring professional services under | 24 | | Section 1-56, subsections (a) and (c) of Section 1-75 and | 25 | | subsection (d) of Section 1-78 of the Illinois Power Agency Act | 26 | | and Section 16-111.5(c) of the Public Utilities Act and to |
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| 1 | | procure renewable energy resources under Section 1-56 of the | 2 | | Illinois Power Agency Act. These alternative procedures shall | 3 | | be set forth together with the other criteria contained in the | 4 | | invitation for bids, and shall appear in the appropriate volume | 5 | | of the Illinois Procurement Bulletin.
| 6 | | (j) Reverse auction. Notwithstanding any other provision | 7 | | of this Section and in accordance with rules adopted by the | 8 | | chief procurement officer, that chief procurement officer may | 9 | | procure supplies or services through a competitive electronic | 10 | | auction bidding process after the chief procurement officer | 11 | | determines that the use of such a process will be in the best | 12 | | interest of the State. The chief procurement officer shall | 13 | | publish that determination in his or her next volume of the | 14 | | Illinois Procurement Bulletin. | 15 | | An invitation for bids shall be issued and shall include | 16 | | (i) a procurement description, (ii) all contractual terms, | 17 | | whenever practical, and (iii) conditions applicable to the | 18 | | procurement, including a notice that bids will be received in | 19 | | an electronic auction manner. | 20 | | Public notice of the invitation for bids shall be given in | 21 | | the same manner as provided in subsection (c). | 22 | | Bids shall be accepted electronically at the time and in | 23 | | the manner designated in the invitation for bids. During the | 24 | | auction, a bidder's price shall be disclosed to other bidders. | 25 | | Bidders shall have the opportunity to reduce their bid prices | 26 | | during the auction. At the conclusion of the auction, the |
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| 1 | | record of the bid prices received and the name of each bidder | 2 | | shall be open to public inspection. | 3 | | After the auction period has terminated, withdrawal of bids | 4 | | shall be permitted as provided in subsection (f). | 5 | | The contract shall be awarded within 60 calendar days after | 6 | | the auction by written notice to the lowest responsible bidder, | 7 | | or all bids shall be rejected except as otherwise provided in | 8 | | this Code. Extensions of the date for the award may be made by | 9 | | mutual written consent of the State purchasing officer and the | 10 | | lowest responsible bidder. | 11 | | This subsection does not apply to (i) procurements of | 12 | | professional and artistic services, (ii) telecommunications | 13 | | services, communication services, and information services, | 14 | | and (iii) contracts for construction projects, including | 15 | | design professional services. | 16 | | (Source: P.A. 98-1076, eff. 1-1-15; 99-906, eff. 6-1-17.)
| 17 | | (Text of Section from P.A. 96-159, 96-795, 97-96, 97-895, | 18 | | 98-1076, and 99-906)
| 19 | | Sec. 20-10. Competitive sealed bidding; reverse auction.
| 20 | | (a) Conditions for use. All contracts shall be awarded by
| 21 | | competitive sealed bidding
except as otherwise provided in | 22 | | Section 20-5.
| 23 | | (b) Invitation for bids. An invitation for bids shall be
| 24 | | issued and shall include a
purchase description and the | 25 | | material contractual terms and
conditions applicable to the
|
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|
| 1 | | procurement.
| 2 | | (c) Public notice. Public notice of the invitation for bids | 3 | | shall be
published in the Illinois Procurement Bulletin at | 4 | | least 14 calendar days before the date
set in the invitation | 5 | | for the opening of bids.
| 6 | | (d) Bid opening. Bids shall be opened publicly in the
| 7 | | presence of one or more witnesses
at the time and place | 8 | | designated in the invitation for bids. The
name of each bidder, | 9 | | the amount
of each bid, and other relevant information as may | 10 | | be specified by
rule shall be
recorded. After the award of the | 11 | | contract, the winning bid and the
record of each unsuccessful | 12 | | bid shall be open to
public inspection.
| 13 | | (e) Bid acceptance and bid evaluation. Bids shall be
| 14 | | unconditionally accepted without
alteration or correction, | 15 | | except as authorized in this Code. Bids
shall be evaluated | 16 | | based on the
requirements set forth in the invitation for bids, | 17 | | which may
include criteria to determine
acceptability such as | 18 | | inspection, testing, quality, workmanship,
delivery, and | 19 | | suitability for a
particular purpose. Those criteria that will | 20 | | affect the bid price
and be considered in evaluation
for award, | 21 | | such as discounts, transportation costs, and total or
life | 22 | | cycle costs, shall be
objectively measurable. The invitation | 23 | | for bids shall set forth
the evaluation criteria to be used.
| 24 | | (f) Correction or withdrawal of bids. Correction or
| 25 | | withdrawal of inadvertently
erroneous bids before or after | 26 | | award, or cancellation of awards of
contracts based on bid
|
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| 1 | | mistakes, shall be permitted in accordance with rules.
After | 2 | | bid opening, no
changes in bid prices or other provisions of | 3 | | bids prejudicial to
the interest of the State or fair
| 4 | | competition shall be permitted. All decisions to permit the
| 5 | | correction or withdrawal of bids
based on bid mistakes shall be | 6 | | supported by written determination
made by a State purchasing | 7 | | officer.
| 8 | | (g) Award. The contract shall be awarded with reasonable
| 9 | | promptness by written notice
to the lowest responsible and | 10 | | responsive bidder whose bid meets
the requirements and criteria
| 11 | | set forth in the invitation for bids, except when a State | 12 | | purchasing officer
determines it is not in the best interest of | 13 | | the State and by written
explanation determines another bidder | 14 | | shall receive the award. The explanation
shall appear in the | 15 | | appropriate volume of the Illinois Procurement Bulletin. The | 16 | | written explanation must include:
| 17 | | (1) a description of the agency's needs; | 18 | | (2) a determination that the anticipated cost will be | 19 | | fair and reasonable; | 20 | | (3) a listing of all responsible and responsive | 21 | | bidders; and | 22 | | (4) the name of the bidder selected, the total contract | 23 | | price, and the reasons for selecting that bidder. | 24 | | When a multiple award is contemplated, the solicitation | 25 | | shall identify the award criteria and a detailed method of | 26 | | selecting from among the multiple awardees. |
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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 | 6 | | the 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 written requests for sealed quotes with pricing to | 12 | | meet the need and an
invitation for bids limited to the pool of
| 13 | | those bidders whose offers have been qualified under the | 14 | | criteria
set forth in the first solicitation.
| 15 | | (i) Alternative procedures. Notwithstanding any other | 16 | | provision of this Act to the contrary, the Director of the | 17 | | Illinois Power Agency may create alternative bidding | 18 | | procedures to be used in procuring professional services under | 19 | | subsections (a) and (c) of Section 1-75 and subsection (d) of | 20 | | Section 1-78 of the Illinois Power Agency Act and Section | 21 | | 16-111.5(c) of the Public Utilities Act and to procure | 22 | | renewable energy resources under Section 1-56 of the Illinois | 23 | | Power Agency Act. These alternative procedures shall be set | 24 | | forth together with the other criteria contained in the | 25 | | invitation for bids, and shall appear in the appropriate volume | 26 | | of the Illinois Procurement Bulletin.
|
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| 1 | | (j) Reverse auction. Notwithstanding any other provision | 2 | | of this Section and in accordance with rules adopted by the | 3 | | chief procurement officer, that chief procurement officer may | 4 | | procure supplies or services through a competitive electronic | 5 | | auction bidding process after the chief procurement officer | 6 | | determines that the use of such a process will be in the best | 7 | | interest of the State. The chief procurement officer shall | 8 | | publish that determination in his or her next volume of the | 9 | | Illinois Procurement Bulletin. | 10 | | An invitation for bids shall be issued and shall include | 11 | | (i) a procurement description, (ii) all contractual terms, | 12 | | whenever practical, and (iii) conditions applicable to the | 13 | | procurement, including a notice that bids will be received in | 14 | | an electronic auction manner. | 15 | | Public notice of the invitation for bids shall be given in | 16 | | the same manner as provided in subsection (c). | 17 | | Bids shall be accepted electronically at the time and in | 18 | | the manner designated in the invitation for bids. During the | 19 | | auction, a bidder's price shall be disclosed to other bidders. | 20 | | Bidders shall have the opportunity to reduce their bid prices | 21 | | during the auction. At the conclusion of the auction, the | 22 | | record of the bid prices received and the name of each bidder | 23 | | shall be open to public inspection. | 24 | | After the auction period has terminated, withdrawal of bids | 25 | | shall be permitted as provided in subsection (f). | 26 | | The contract shall be awarded within 60 calendar days after |
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| 1 | | the auction by written notice to the lowest responsible bidder, | 2 | | or all bids shall be rejected except as otherwise provided in | 3 | | this Code. Extensions of the date for the award may be made by | 4 | | mutual written consent of the State purchasing officer and the | 5 | | lowest responsible bidder. | 6 | | This subsection does not apply to (i) procurements of | 7 | | professional and artistic services, (ii) telecommunications | 8 | | services, communication services, and information services,
| 9 | | and (iii) contracts for construction projects, including | 10 | | design professional services. | 11 | | (Source: P.A. 98-1076, eff. 1-1-15; 99-906, eff. 6-1-17.)
| 12 | | (30 ILCS 500/20-15)
| 13 | | Sec. 20-15. Competitive sealed proposals.
| 14 | | (a) Conditions for use. When provided under this Code or | 15 | | under
rules, or when
the purchasing agency determines in | 16 | | writing that the use of
competitive sealed bidding
is either | 17 | | not practicable or not advantageous to the State, a
contract | 18 | | may be entered into by
competitive sealed proposals.
| 19 | | (b) Request for proposals. Proposals shall be solicited
| 20 | | through a request for proposals.
| 21 | | (c) Public notice. Public notice of the request for
| 22 | | proposals shall be published in the
Illinois Procurement | 23 | | Bulletin at least 14 calendar days before the date set
in the | 24 | | invitation for the opening
of proposals.
| 25 | | (d) Receipt of proposals. Proposals shall be opened
|
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| 1 | | publicly in the presence of one or
more witnesses at the time | 2 | | and place designated in the request for
proposals, but | 3 | | proposals shall
be opened in a manner to avoid disclosure of | 4 | | contents to competing
offerors during the process
of | 5 | | negotiation. A record of proposals shall be prepared and
shall | 6 | | be open for public inspection
after contract award.
| 7 | | (e) Evaluation factors. The requests for proposals shall
| 8 | | state the relative importance of
price and other evaluation | 9 | | factors. Proposals shall be submitted
in 2 parts: the first, | 10 | | covering
items except price; and the second, covering price. | 11 | | The first
part of all proposals shall be
evaluated and ranked | 12 | | independently of the second part of
all proposals.
| 13 | | (f) Discussion with responsible offerors and revisions of | 14 | | offers or
proposals. As provided in the
request for proposals | 15 | | and under rules, discussions
may be conducted with
responsible | 16 | | offerors who submit offers or proposals determined to be
| 17 | | reasonably susceptible of being
selected for award for the | 18 | | purpose of clarifying and assuring full
understanding of and
| 19 | | responsiveness to the solicitation requirements. Those | 20 | | offerors
shall be accorded fair and equal
treatment with | 21 | | respect to any opportunity for discussion and
revision of | 22 | | proposals. Revisions
may be permitted after submission and | 23 | | before award for the
purpose of obtaining best and final
| 24 | | offers. In conducting discussions there shall be no disclosure | 25 | | of
any information derived from
proposals submitted by | 26 | | competing offerors.
If information is disclosed to any offeror, |
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| 1 | | it shall be
provided to all competing offerors.
| 2 | | (g) Award. Awards shall be made to the responsible offeror
| 3 | | whose proposal is
determined in writing to be the most | 4 | | advantageous to the State,
taking into consideration price
and | 5 | | the evaluation factors set forth in the request for proposals.
| 6 | | When a multiple award is contemplated, the solicitation shall | 7 | | identify the award criteria and the detailed method of | 8 | | selecting from among the multiple awardees. The contract file | 9 | | shall contain
the basis on which any the award is
made.
| 10 | | (Source: P.A. 98-1076, eff. 1-1-15 .)
| 11 | | (30 ILCS 500/20-20)
| 12 | | Sec. 20-20. Small purchases.
| 13 | | (a) Amount. Except as provided in Section 20-20.1 of this | 14 | | Code, any Any individual procurement of supplies or
services | 15 | | other than professional
or artistic services, not exceeding | 16 | | $10,000 and any procurement of
construction not exceeding
| 17 | | $30,000 may be made without competitive source selection sealed | 18 | | bidding .
Procurements shall not be artificially
divided so as | 19 | | to constitute a small purchase under this Section.
| 20 | | (b) Adjustment. Each July 1, the small purchase maximum
| 21 | | established in subsection (a)
shall be adjusted for inflation | 22 | | as determined by the Consumer
Price Index for All Urban | 23 | | Consumers as determined by the United States
Department of | 24 | | Labor and rounded to the nearest $100.
| 25 | | (c) Based upon rules proposed by the Board and rules |
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| 1 | | promulgated by the
chief procurement officers, the small | 2 | | purchase maximum established in
subsection
(a) may be modified.
| 3 | | (Source: P.A. 90-572, eff. date - See Sec. 99-5.)
| 4 | | (30 ILCS 500/20-20.1 new) | 5 | | Sec. 20-20.1. Small purchases; public institutions of | 6 | | higher education. | 7 | | (a) This Section applies only to procurements by public | 8 | | institutions of higher education. | 9 | | (b) Amount. Any individual procurement of supplies or
| 10 | | services not exceeding $100,000 and any procurement of
| 11 | | construction not exceeding $100,000, or any individual | 12 | | procurement of professional or artistic services not exceeding | 13 | | $100,000 may be made without competitive source selection. | 14 | | Procurements shall not be artificially
divided so as to | 15 | | constitute a small purchase under this Section. Any procurement | 16 | | of construction not exceeding $100,000 may be made by an | 17 | | alternative competitive source selection. The construction | 18 | | agency shall establish rules for an alternative competitive | 19 | | source selection process. This Section does not apply to | 20 | | construction-related professional services contracts awarded | 21 | | in accordance with the provisions of the Architectural, | 22 | | Engineering, and Land Surveying Qualifications Based Selection | 23 | | Act. | 24 | | (c) Adjustment. Each July 1, the small purchase maximum
| 25 | | established in subsection (b)
shall be adjusted for inflation |
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| 1 | | as determined by the Consumer
Price Index for All Urban | 2 | | Consumers as determined by the United States
Department of | 3 | | Labor and rounded to the nearest $100. | 4 | | (d) Based upon rules proposed by the Board and rules | 5 | | promulgated by the
chief procurement officer for higher | 6 | | education, the small purchase maximum established in
| 7 | | subsection
(b) may be modified. | 8 | | (30 ILCS 500/25-85 new) | 9 | | Sec. 25-85. Best value procurement. | 10 | | (a) This Section shall apply only to purchases of heavy | 11 | | mobile fleet vehicles and off-road construction equipment | 12 | | procured by or on behalf of institutions of higher education. | 13 | | (b) As used in this Section, "best value procurement" means | 14 | | a contract award determined by objective criteria related to | 15 | | price, features, functions, and life-cycle costs that may | 16 | | include the following: | 17 | | (1) total cost of ownership, including warranty, under | 18 | | which all repair costs are borne solely by the warranty | 19 | | provider; repair costs; maintenance costs; fuel | 20 | | consumption; and salvage value; | 21 | | (2) product performance, productivity, and safety | 22 | | standards; | 23 | | (3) the supplier's ability to perform to the contract | 24 | | requirements; and | 25 | | (4) environmental benefits, including reduction of |
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| 1 | | greenhouse gas emissions, reduction of air pollutant | 2 | | emissions, or reduction of toxic or hazardous materials. | 3 | | (c) The institution may enter into a contract for heavy | 4 | | mobile fleet vehicles and off-road construction equipment for | 5 | | use by the institution by means of best value procurement, | 6 | | using specifications and criteria developed in consultation | 7 | | with the Chief Procurement Officer of each designated | 8 | | institution and conducted in accordance with Section 20-15 of | 9 | | this Code. | 10 | | (d) In addition to disclosure of the minimum requirements | 11 | | for qualification, the solicitation document shall specify | 12 | | which business performance measures, in addition to price, | 13 | | shall be given a weighted value. The solicitation shall include | 14 | | a scoring method based on those factors and price in | 15 | | determining the successful offeror. Any evaluation and scoring | 16 | | method shall ensure substantial weight is given to the contract | 17 | | price. | 18 | | (e) Upon written request of any person who has submitted an | 19 | | offer, notice of the award shall be posted in a public place in | 20 | | the offices of the institution at least 24 hours before | 21 | | executing the contract or purchase order. If, before making an | 22 | | award, any offeror who has submitted a bid files a protest with | 23 | | the institution against the awarding of the contract or | 24 | | purchase order on the ground that his or her offer should have | 25 | | been selected in accordance with the selection criteria in the | 26 | | solicitation document, the contract or purchase order shall not |
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| 1 | | be awarded until either the protest has been withdrawn or the | 2 | | appropriate Chief Procurement Officer has made a final decision | 3 | | as to the action to be taken relative to the protest. Within 10 | 4 | | days after filing a protest, the protesting offeror shall file | 5 | | with the Chief Procurement Officer a full and complete written | 6 | | statement specifying in detail the ground of the protest and | 7 | | the facts in support thereof. | 8 | | (f) The total annual value of vehicles and equipment | 9 | | purchased through best value procurement pursuant to this | 10 | | Section shall be limited to $20,000,000 per institution. | 11 | | (g) Best value procurement shall only be used on | 12 | | procurements first solicited on or before June 30, 2020. | 13 | | (h) On or before January 1, 2021, the Chief Procurement | 14 | | Officer of each institution shall prepare an evaluation of the | 15 | | best value procurement pilot program authorized by this | 16 | | Section, including a recommendation on whether or not the | 17 | | process should be continued. The evaluation shall be posted in | 18 | | the applicable volume or volumes of the Illinois Procurement | 19 | | Bulletin on or before January 1, 2021. | 20 | | (i) This Section is repealed on January 1, 2021.
| 21 | | (30 ILCS 500/30-30)
| 22 | | Sec. 30-30. Design-bid-build construction. | 23 | | (a) The provisions of this subsection are operative through | 24 | | December 31, 2019. | 25 | | For
building construction contracts in excess of
$250,000, |
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| 1 | | separate specifications may be prepared for all
equipment, | 2 | | labor, and materials in
connection with the following 5 | 3 | | subdivisions of the work to be
performed:
| 4 | | (1) plumbing;
| 5 | | (2) heating, piping, refrigeration, and automatic
| 6 | | temperature control systems,
including the testing and | 7 | | balancing of those systems;
| 8 | | (3) ventilating and distribution systems for
| 9 | | conditioned air, including the testing
and balancing of | 10 | | those systems;
| 11 | | (4) electric wiring; and
| 12 | | (5) general contract work.
| 13 | | The specifications may be so drawn as to permit separate | 14 | | and
independent bidding upon
each of the 5 subdivisions of | 15 | | work. All contracts awarded
for any part thereof may
award the | 16 | | 5 subdivisions of work separately to responsible and
reliable | 17 | | persons, firms, or
corporations engaged in these classes of | 18 | | work. The contracts, at
the discretion of the
construction | 19 | | agency, may be assigned to the successful bidder on
the general | 20 | | contract work or
to the successful bidder on the subdivision of | 21 | | work designated by
the construction agency before
the bidding | 22 | | as the prime subdivision of work, provided that all
payments | 23 | | will be made directly
to the contractors for the 5 subdivisions | 24 | | of work upon compliance
with the conditions of the
contract.
| 25 | | Beginning on the effective date of this amendatory Act of | 26 | | the 99th General Assembly and through December 31, 2019, for |
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| 1 | | single prime projects: (i) the bid of the successful low bidder | 2 | | shall identify the name of the subcontractor, if any, and the | 3 | | bid proposal costs for each of the 5 subdivisions of work set | 4 | | forth in this Section; (ii) the contract entered into with the | 5 | | successful bidder shall provide that no identified | 6 | | subcontractor may be terminated without the written consent of | 7 | | the Capital Development Board or public institution of higher | 8 | | education ; (iii) the contract shall comply with the | 9 | | disadvantaged business practices of the Business Enterprise | 10 | | for Minorities, Females, and Persons with Disabilities Act and | 11 | | the equal employment practices of Section 2-105 of the Illinois | 12 | | Human Rights Act; (iv) the Capital Development Board and public | 13 | | institutions of higher education shall submit a quarterly | 14 | | report to the Procurement Policy Board with information on the | 15 | | general scope, project budget, and established Business | 16 | | Enterprise Program goals for any single prime procurement bid | 17 | | in the previous 3 months with a total construction cost valued | 18 | | at $10,000,000 or less; and (v) the Capital Development Board | 19 | | and public institutions of higher education shall submit an | 20 | | annual report to the General Assembly and Governor on the | 21 | | bidding, award, and performance of all single prime projects. | 22 | | For building construction projects with a total | 23 | | construction cost valued at $5,000,000 or less, the Capital | 24 | | Development Board or public institutions of higher education | 25 | | shall not use the single prime procurement delivery method for | 26 | | more than 50% of the total number of projects bid for each |
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| 1 | | fiscal year. Any project with a total construction cost valued | 2 | | greater than $5,000,000 may be bid using single prime at the | 3 | | discretion of the Executive Director of the Capital Development | 4 | | Board or the president of a public institution of higher | 5 | | education . | 6 | | Beginning on the effective date of this amendatory Act of | 7 | | the 99th General Assembly and through December 31, 2017, the | 8 | | Capital Development Board and public institutions of higher | 9 | | education shall, on a weekly basis: review the projects that | 10 | | have been designed, and approved to bid; and, for every fifth | 11 | | determination to use the single prime procurement delivery | 12 | | method for a project under $10,000,000, submit to the | 13 | | Procurement Policy Board a written notice of its intent to use | 14 | | the single prime method on the project. The notice shall | 15 | | include the reasons for using the single prime method and an | 16 | | explanation of why the use of that method is in the best | 17 | | interest of the State. The Capital Development Board or public | 18 | | institution of higher education shall post the notice on its | 19 | | online procurement webpage and on the online Procurement | 20 | | Bulletin at least 3 business days following submission. The | 21 | | Procurement Policy Board shall review and provide its decision | 22 | | on the use of the single prime method for every fifth use of | 23 | | the single prime procurement delivery method for a project | 24 | | under $10,000,000 within 7 business days of receipt of the | 25 | | notice from the Capital Development Board or a public | 26 | | institution of higher education . Approval by the Procurement |
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| 1 | | Policy Board shall not be unreasonably withheld and shall be | 2 | | provided unless the Procurement Policy Board finds that the use | 3 | | of the single prime method is not in the best interest of the | 4 | | State. Any decision by the Procurement Policy Board to | 5 | | disapprove the use of the single prime method shall be made in | 6 | | writing to the Capital Development Board or a public | 7 | | institution of higher education , posted on the online | 8 | | Procurement Bulletin, and shall state the reasons why the | 9 | | single prime method was disapproved and why it is not in the | 10 | | best interest of the State. For the requirements under this | 11 | | Section, the Capital Development Board shall have | 12 | | responsibility for only those projects that are managed | 13 | | pursuant to the Capital Development Board Act. | 14 | | (b) The provisions of this subsection are operative on and | 15 | | after January 1, 2020.
For building construction contracts in | 16 | | excess of $250,000, separate specifications shall be prepared | 17 | | for all equipment, labor, and materials in connection with the | 18 | | following 5 subdivisions of the work to be performed: | 19 | | (1) plumbing; | 20 | | (2) heating, piping, refrigeration, and automatic | 21 | | temperature control systems, including the testing and | 22 | | balancing of those systems; | 23 | | (3) ventilating and distribution systems for | 24 | | conditioned air, including the testing and balancing of | 25 | | those systems; | 26 | | (4) electric wiring; and |
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| 1 | | (5) general contract work. | 2 | | The specifications must be so drawn as to permit separate | 3 | | and independent bidding upon each of the 5 subdivisions of | 4 | | work. All contracts awarded for any part thereof shall award | 5 | | the 5 subdivisions of work separately to responsible and | 6 | | reliable persons, firms, or corporations engaged in these | 7 | | classes of work. The contracts, at the discretion of the | 8 | | construction agency, may be assigned to the successful bidder | 9 | | on the general contract work or to the successful bidder on the | 10 | | subdivision of work designated by the construction agency | 11 | | before the bidding as the prime subdivision of work, provided | 12 | | that all payments will be made directly to the contractors for | 13 | | the 5 subdivisions of work upon compliance with the conditions | 14 | | of the contract. | 15 | | (Source: P.A. 98-431, eff. 8-16-13; 98-1076, eff. 1-1-15; | 16 | | 99-257, eff. 8-4-15.)
| 17 | | (30 ILCS 500/35-30) | 18 | | Sec. 35-30. Awards. | 19 | | (a) All State contracts for professional and artistic | 20 | | services, except as
provided in this Section, shall be awarded | 21 | | using the
competitive request for proposal process outlined in | 22 | | this Section. | 23 | | (b) For each contract offered, the chief procurement | 24 | | officer, State
purchasing officer, or his or her designee shall | 25 | | use the appropriate standard
solicitation
forms
available from |
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| 1 | | the chief procurement officer for matters other than | 2 | | construction or the higher
education chief procurement | 3 | | officer. | 4 | | (c) Prepared forms shall be submitted to the chief | 5 | | procurement officer for matters other than construction or the | 6 | | higher education chief procurement officer,
whichever is | 7 | | appropriate, for
publication in its Illinois Procurement | 8 | | Bulletin and circulation to the chief procurement officer for | 9 | | matters other than construction
or the higher education chief | 10 | | procurement officer's list of
prequalified vendors. Notice of | 11 | | the offer or request for
proposal shall appear at least 14 | 12 | | calendar days before the response to the offer is due. | 13 | | (d) All interested respondents shall return their | 14 | | responses to the chief procurement officer for matters other | 15 | | than construction
or the higher education chief procurement | 16 | | officer,
whichever is appropriate, which shall open
and record | 17 | | them. The chief procurement officer for matters other than | 18 | | construction or higher education chief procurement officer
| 19 | | then shall forward the responses, together
with any
information | 20 | | it has available about the qualifications and other State work
| 21 | | of the respondents. | 22 | | (e) After evaluation, ranking, and selection, the | 23 | | responsible chief
procurement officer, State purchasing | 24 | | officer, or
his or her designee shall notify the chief | 25 | | procurement officer for matters other than construction
or the | 26 | | higher education chief procurement officer, whichever is |
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| 1 | | appropriate,
of the successful respondent and shall forward
a | 2 | | copy of the signed contract for the chief procurement officer | 3 | | for matters other than construction or higher education chief
| 4 | | procurement officer's file. The chief procurement officer for | 5 | | matters other than construction or higher education chief
| 6 | | procurement officer shall
publish the names of the
responsible | 7 | | procurement decision-maker,
the agency letting the contract, | 8 | | the
successful respondent, a contract reference, and value of | 9 | | the let contract
in the next appropriate volume of the Illinois | 10 | | Procurement Bulletin. | 11 | | (f) For all professional and artistic contracts with | 12 | | annualized value
that exceeds $25,000, evaluation and ranking | 13 | | by price are required. For public institutions of higher | 14 | | education only, the threshold under this subsection (f) shall | 15 | | be $100,000. Any chief
procurement officer or State purchasing | 16 | | officer,
but not their designees, may select a respondent other | 17 | | than the lowest respondent by
price. In any case, when the | 18 | | contract exceeds the $25,000 or $100,000 threshold , as | 19 | | applicable, and
the lowest respondent is not selected, the | 20 | | chief procurement officer or the State
purchasing officer shall | 21 | | forward together
with the contract notice of who the low | 22 | | respondent by price was and a written decision as
to why | 23 | | another was selected to the chief procurement officer for | 24 | | matters other than construction or
the higher education chief | 25 | | procurement officer, whichever is appropriate.
The chief | 26 | | procurement officer for matters other than construction or |
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| 1 | | higher education chief procurement officer shall publish as
| 2 | | provided in subsection (e) of Section 35-30,
but
shall include | 3 | | notice of the chief procurement officer's or State purchasing
| 4 | | officer's written decision. | 5 | | (g) The chief procurement officer for matters other than | 6 | | construction and higher education chief
procurement officer | 7 | | may each refine, but not
contradict, this Section by | 8 | | promulgating rules
for submission to the Procurement Policy | 9 | | Board and then to the Joint Committee
on Administrative Rules. | 10 | | Any
refinement shall be based on the principles and procedures | 11 | | of the federal
Architect-Engineer Selection Law, Public Law | 12 | | 92-582 Brooks Act, and the
Architectural, Engineering, and Land | 13 | | Surveying Qualifications Based Selection
Act; except that | 14 | | pricing shall be an integral part of the selection process. | 15 | | (Source: P.A. 98-1076, eff. 1-1-15 .) | 16 | | (30 ILCS 500/35-35) | 17 | | Sec. 35-35. Exceptions. | 18 | | (a) Exceptions to Section 35-30 are allowed for sole source | 19 | | procurements,
emergency procurements, and at the discretion of | 20 | | the chief procurement officer
or the State purchasing officer, | 21 | | but not
their designees, for professional and artistic | 22 | | contracts that are nonrenewable,
one year or less in duration, | 23 | | and have a value of less than $20,000 or, for public | 24 | | institutions of higher education only, $100,000 . | 25 | | (b) All exceptions granted under this Article must still be |
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| 1 | | submitted to the chief procurement officer for matters other | 2 | | than construction
or the higher education chief procurement | 3 | | officer, whichever is appropriate,
and published as provided | 4 | | for in subsection (f) of Section 35-30, shall name
the | 5 | | authorizing
chief procurement officer or State purchasing | 6 | | officer, and shall include a
brief explanation of the reason | 7 | | for the exception. | 8 | | (Source: P.A. 95-481, eff. 8-28-07; 96-920, eff. 7-1-10.)
| 9 | | (30 ILCS 500/40-25)
| 10 | | Sec. 40-25. Length of leases.
| 11 | | (a) Maximum term. Leases shall be for a term not to exceed
| 12 | | 10 years inclusive, beginning January, 1, 2010, of proposed | 13 | | contract renewals and shall include
a termination option in | 14 | | favor of the State after 5 years. The duration of any lease for | 15 | | real property entered into by a public institution of higher | 16 | | education that requires a capital improvement in excess of | 17 | | $100,000 as a condition of the lease may exceed 10 years, but | 18 | | not more than 30 years, if the governing board of a public | 19 | | institution of higher education, during a public hearing, | 20 | | determines that a lease in excess of 10 years is required or | 21 | | necessary for the use or benefit of that public institution of | 22 | | higher education and is in the best interest of the public | 23 | | institution of higher education. On July 1, 2022 and every 5 | 24 | | years thereafter, the capital improvement minimum established | 25 | | in this subsection (a) shall be adjusted for inflation by the |
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| 1 | | chief procurement officer for higher education as determined by | 2 | | the Consumer Price Index for All Urban Consumers as determined | 3 | | by the United States Department of Labor and rounded to the | 4 | | nearest $100.
| 5 | | (b) Renewal. Leases may include a renewal option. An
option | 6 | | to renew may be
exercised only when a State purchasing officer | 7 | | determines in
writing that renewal is in the best
interest of | 8 | | the State and notice of the exercise of the option is published | 9 | | in
the appropriate volume of the Procurement Bulletin at least | 10 | | 60 calendar days prior to
the exercise of the option.
| 11 | | (c) Subject to appropriation. All leases shall recite that
| 12 | | they are subject to termination
and cancellation in any year | 13 | | for which the General Assembly fails
to make an appropriation | 14 | | to
make payments under the terms of the lease.
| 15 | | (d) Holdover. Beginning January 1, 2010, no lease may | 16 | | continue on a month-to-month or other holdover basis for a | 17 | | total of more than 6 months. Beginning July 1, 2010, the | 18 | | Comptroller shall withhold payment of leases beyond this | 19 | | holdover period. | 20 | | (Source: P.A. 98-1076, eff. 1-1-15 .)
| 21 | | (30 ILCS 500/45-15)
| 22 | | Sec. 45-15. Soybean oil-based ink and vegetable oil-based | 23 | | ink . | 24 | | (a) As used in this Section: | 25 | | "Digital printing" means a printing method which includes, |
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| 1 | | but is not limited to, the electrostatic process of | 2 | | transferring ink or toner to a substrate. This process may | 3 | | involve the use of photo imaging plates, photoreceptor drums, | 4 | | or belts which hold an electrostatic charge. "Digital printing" | 5 | | is also defined as a process of transferring ink through a | 6 | | print head directly to a substrate, as is done with ink-jet | 7 | | printers. | 8 | | "Offset printing" means lithography, flexography, gravure, | 9 | | or letterpress. "Offset printing" involves the process of | 10 | | transferring ink through static or fixed image plates using an | 11 | | impact method of pressing ink into a substrate. | 12 | | (b) Contracts requiring
the procurement of offset printing
| 13 | | services shall specify the use of soybean oil-based ink or | 14 | | vegetable oil-based ink unless a
State purchasing officer
| 15 | | determines that another type of ink is required to assure high
| 16 | | quality and reasonable pricing of
the printed product. | 17 | | This Section shall apply to digital printing services only | 18 | | if the chief procurement officer having jurisdiction over the | 19 | | contract in question determines that the use of soybean | 20 | | oil-based or vegetable oil-based ink is cost effective for that | 21 | | contract.
| 22 | | (Source: P.A. 90-572, eff. date - See Sec. 99-5.)
| 23 | | (30 ILCS 500/45-40)
| 24 | | Sec. 45-40. Gas mileage.
| 25 | | (a) Specification. Contracts for the purchase or
lease of |
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| 1 | | new passenger
automobiles, other than station wagons, vans, | 2 | | four-wheel drive
vehicles, emergency vehicles,
and police and | 3 | | fire vehicles, shall specify the procurement of a
model that, | 4 | | according to the most
current mileage study published by the | 5 | | U.S. Environmental
Protection Agency, can achieve at
least the | 6 | | minimum average fuel economy in miles per gallon imposed
upon | 7 | | manufacturers of
vehicles under Title V of The Motor Vehicle | 8 | | Information and Cost
Savings Act.
| 9 | | (b) Exemptions. The State purchasing officer may exempt
| 10 | | procurements from the
requirement of subsection (a) when there | 11 | | is a demonstrated need,
submitted in writing, or based on | 12 | | intended use or other reasonable considerations, such as the | 13 | | health and safety of Illinois citizens, for an
automobile that | 14 | | does not meet the minimum average fuel economy
standards. | 15 | | (c) The chief procurement officer shall
promulgate rules | 16 | | for determining need consistent with the intent
of this | 17 | | Section.
| 18 | | (Source: P.A. 90-572, eff. date - See Sec. 99-5.)
| 19 | | Section 10. The Governmental Joint Purchasing Act is | 20 | | amended by changing Section 2 as follows:
| 21 | | (30 ILCS 525/2) (from Ch. 85, par. 1602)
| 22 | | Sec. 2. Joint purchasing authority. | 23 | | (a) Any governmental unit may purchase personal property, | 24 | | supplies
and services jointly with one or more other |
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| 1 | | governmental units. All such joint
purchases shall be by | 2 | | competitive solicitation as provided in Section 4 of this Act.
| 3 | | The provisions of any other acts under which a governmental | 4 | | unit operates which
refer to purchases and procedures in | 5 | | connection therewith shall be superseded
by the provisions of | 6 | | this Act when the governmental units are exercising the
joint | 7 | | powers created by this Act.
| 8 | | (a-5) A chief procurement officer established in Section | 9 | | 10-20 of the Illinois Procurement Code may authorize the | 10 | | purchase of personal property, supplies, and services jointly | 11 | | with a governmental entity of this or another state or with a | 12 | | consortium of governmental entities of one or more other | 13 | | states. Subject to provisions of the joint purchasing | 14 | | solicitation, the appropriate chief procurement officer may | 15 | | designate the resulting contract as available to governmental | 16 | | units in Illinois. The chief procurement officers shall submit | 17 | | to the General Assembly by November 1 of each year a report of | 18 | | procurements made under this subsection (a-5). | 19 | | (a-10) Each chief procurement officer appointed pursuant | 20 | | to Section 10-20 of the Illinois Procurement Code may authorize | 21 | | the purchase or lease of personal property, supplies, and | 22 | | services which have been procured through a competitive process | 23 | | by a federal agency; a consortium of governmental, educational, | 24 | | medical, research, or similar entities; or group purchasing | 25 | | organizations of which the chief procurement officer or State | 26 | | agency is a member or affiliate, including, without limitation, |
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| 1 | | any purchasing entity operating under the federal General | 2 | | Services Administration, the Higher Education Cooperation Act, | 3 | | and the Midwestern Higher Education Compact Act. A chief | 4 | | procurement officer may authorize purchases and contracts | 5 | | established by other means if the chief procurement officer | 6 | | determines it is in the best interests of the State. Each chief | 7 | | procurement officer may establish detailed rules and policies | 8 | | and procedures for use of these cooperative solicitations and | 9 | | contracts, including, without limitation, that the State | 10 | | agency make a determination that the award or contract is in | 11 | | the best interest of the State and that the contract include | 12 | | provisions required by Illinois law. Notice of awards or | 13 | | contracts shall be published by the chief procurement officer | 14 | | in the Illinois Procurement Bulletin at least 14 days prior to | 15 | | use of the award or contract. Each chief procurement officer | 16 | | shall submit to the General Assembly by November 1 of each year | 17 | | a report of procurements made under this subsection (a-10). | 18 | | (a-15) A public institution of higher education may enter | 19 | | directly into agreements under the cost savings program | 20 | | authorized by the Midwestern Higher Education Compact Act, when | 21 | | the institution makes a determination that it is in the best | 22 | | interests of the institution and the State based on estimated | 23 | | cost savings or otherwise, for the procurement of (i) computer | 24 | | and technology related products, equipment, or services and | 25 | | (ii) insurance. These procurements under this subsection | 26 | | (a-15) shall not be governed by any other provisions of this |
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| 1 | | Act. Any public institutions of higher education entering into | 2 | | agreements for procurement through the Midwestern Higher | 3 | | Education Compact Act shall post notice of the procurements to | 4 | | the appropriate Illinois Procurement Bulletin within 14 days of | 5 | | execution of the agreements. | 6 | | (b) Any not-for-profit agency that qualifies under Section | 7 | | 45-35 of the Illinois Procurement Code and that either (1) acts | 8 | | pursuant to a board
established by or controlled by a unit of | 9 | | local government or (2) receives
grant funds from the State or | 10 | | from a unit of local government, shall be
eligible to | 11 | | participate in contracts established by the State.
| 12 | | (Source: P.A. 96-584, eff. 1-1-10; 97-895, eff. 8-3-12.)
| 13 | | Section 95. No acceleration or delay. Where this Act makes | 14 | | changes in a statute that is represented in this Act by text | 15 | | that is not yet or no longer in effect (for example, a Section | 16 | | represented by multiple versions), the use of that text does | 17 | | not accelerate or delay the taking effect of (i) the changes | 18 | | made by this Act or (ii) provisions derived from any other | 19 | | Public Act.
| 20 | | Section 99. Effective date. This Act takes effect upon | 21 | | becoming law.".
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