Full Text of SB2704 100th General Assembly
SB2704sam001 100TH GENERAL ASSEMBLY | Sen. Chapin Rose Filed: 4/19/2018
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| 1 | | AMENDMENT TO SENATE BILL 2704
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2704 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Procurement Code is amended by | 5 | | changing Section 20-10 as follows:
| 6 | | (30 ILCS 500/20-10)
| 7 | | (Text of Section from P.A. 96-159, 96-588, 97-96, 97-895, | 8 | | 98-1076, 99-906 and 100-43) | 9 | | Sec. 20-10. Competitive sealed bidding; reverse auction.
| 10 | | (a) Conditions for use. All contracts shall be awarded by
| 11 | | competitive sealed bidding
except as otherwise provided in | 12 | | Section 20-5.
| 13 | | (b) Invitation for bids. An invitation for bids shall be
| 14 | | issued and shall include a
purchase description and the | 15 | | material contractual terms and
conditions applicable to the
| 16 | | procurement.
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| 1 | | (c) Public notice. Public notice of the invitation for bids | 2 | | shall be
published in the Illinois Procurement Bulletin at | 3 | | least 14 calendar days before the date
set in the invitation | 4 | | for the opening of bids.
| 5 | | (d) Bid opening. Bids shall be opened publicly or through | 6 | | an electronic procurement system in the
presence of one or more | 7 | | witnesses
at the time and place designated in the invitation | 8 | | for bids. For bids opened publicly, bidders need not be | 9 | | physically present at the place designated in the invitation | 10 | | for bids, but may instead participate in the bidding process | 11 | | through contemporaneous audiovisual communication from a | 12 | | different location. The
name of each bidder, the amount
of each | 13 | | bid, and other relevant information as may be specified by
rule | 14 | | shall be
recorded. After the award of the contract, the winning | 15 | | bid and the
record of each unsuccessful bid shall be open to
| 16 | | public inspection.
| 17 | | (e) Bid acceptance and bid evaluation. Bids shall be
| 18 | | unconditionally accepted without
alteration or correction, | 19 | | except as authorized in this Code. Bids
shall be evaluated | 20 | | based on the
requirements set forth in the invitation for bids, | 21 | | which may
include criteria to determine
acceptability such as | 22 | | inspection, testing, quality, workmanship,
delivery, and | 23 | | suitability for a
particular purpose. Those criteria that will | 24 | | affect the bid price and be considered in evaluation
for award, | 25 | | such as discounts, transportation costs, and total or
life | 26 | | cycle costs, shall be
objectively measurable. The invitation |
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| 1 | | for bids shall set forth
the evaluation criteria to be used.
| 2 | | (f) Correction or withdrawal of bids. Correction or
| 3 | | withdrawal of inadvertently
erroneous bids before or after | 4 | | award, or cancellation of awards of
contracts based on bid
| 5 | | mistakes, shall be permitted in accordance with rules.
After | 6 | | bid opening, no
changes in bid prices or other provisions of | 7 | | bids prejudicial to
the interest of the State or fair
| 8 | | competition shall be permitted. All decisions to permit the
| 9 | | correction or withdrawal of bids
based on bid mistakes shall be | 10 | | supported by written determination
made by a State purchasing | 11 | | officer.
| 12 | | (g) Award. The contract shall be awarded with reasonable
| 13 | | promptness by written notice
to the lowest responsible and | 14 | | responsive bidder whose bid meets
the requirements and criteria
| 15 | | set forth in the invitation for bids, except when a State | 16 | | purchasing officer
determines it is not in the best interest of | 17 | | the State and by written
explanation determines another bidder | 18 | | shall receive the award. The explanation
shall appear in the | 19 | | appropriate volume of the Illinois Procurement Bulletin. The | 20 | | written explanation must include:
| 21 | | (1) a description of the agency's needs; | 22 | | (2) a determination that the anticipated cost will be | 23 | | fair and reasonable; | 24 | | (3) a listing of all responsible and responsive | 25 | | bidders; and | 26 | | (4) the name of the bidder selected, the total contract |
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| 1 | | price, and the reasons for selecting that bidder. | 2 | | Each chief procurement officer may adopt guidelines to | 3 | | implement the requirements of this subsection (g). | 4 | | The written explanation shall be filed with the Legislative | 5 | | Audit Commission and the Procurement Policy Board, and be made | 6 | | available for inspection by the public, within 30 calendar days | 7 | | after the agency's decision to award the contract. | 8 | | (h) Multi-step sealed bidding. When it is considered
| 9 | | impracticable to initially prepare
a purchase description to | 10 | | support an award based on price, an
invitation for bids may be | 11 | | issued
requesting the submission of unpriced offers to be | 12 | | followed by an
invitation for bids limited to
those bidders | 13 | | whose offers have been qualified under the criteria
set forth | 14 | | 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 | | Section 1-56, subsections (a) and (c) of Section 1-75 and | 20 | | subsection (d) of Section 1-78 of the Illinois Power Agency Act | 21 | | and Section 16-111.5(c) of the Public Utilities Act and to | 22 | | procure renewable energy resources under Section 1-56 of the | 23 | | Illinois Power Agency Act. These alternative procedures shall | 24 | | be set 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. 99-906, eff. 6-1-17; 100-43, eff. 8-9-17.)
| 12 | | (Text of Section from P.A. 96-159, 96-795, 97-96, 97-895, | 13 | | 98-1076, 99-906, and 100-43)
| 14 | | Sec. 20-10. Competitive sealed bidding; reverse auction.
| 15 | | (a) Conditions for use. All contracts shall be awarded by
| 16 | | competitive sealed bidding
except as otherwise provided in | 17 | | Section 20-5.
| 18 | | (b) Invitation for bids. An invitation for bids shall be
| 19 | | issued and shall include a
purchase description and the | 20 | | material contractual terms and
conditions applicable to the
| 21 | | procurement.
| 22 | | (c) Public notice. Public notice of the invitation for bids | 23 | | shall be
published in the Illinois Procurement Bulletin at | 24 | | least 14 calendar days before the date
set in the invitation | 25 | | for the opening of bids.
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| 1 | | (d) Bid opening. Bids shall be opened publicly or through | 2 | | an electronic procurement system in the
presence of one or more | 3 | | witnesses
at the time and place designated in the invitation | 4 | | for bids. For bids opened publicly, bidders need not be | 5 | | physically present at the place designated in the invitation | 6 | | for bids, but may instead participate in the bidding process | 7 | | through contemporaneous audiovisual communication from a | 8 | | different location. The
name of each bidder, the amount
of each | 9 | | bid, and other relevant information as may be specified by
rule | 10 | | shall be
recorded. After the award of the contract, the winning | 11 | | bid and the
record of each unsuccessful bid shall be open to
| 12 | | 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 | | Each chief procurement officer may adopt guidelines to | 25 | | implement the requirements of this subsection (g). | 26 | | The written explanation shall be filed with the Legislative |
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| 1 | | Audit Commission and the Procurement Policy Board, and be made | 2 | | available for inspection by the public, within 30 days after | 3 | | the agency's decision to award the contract. | 4 | | (h) Multi-step sealed bidding. When it is considered
| 5 | | impracticable to initially prepare
a purchase description to | 6 | | support an award based on price, an
invitation for bids may be | 7 | | issued
requesting the submission of unpriced offers to be | 8 | | followed by an
invitation for bids limited to
those bidders | 9 | | whose offers have been qualified under the criteria
set forth | 10 | | in the first solicitation.
| 11 | | (i) Alternative procedures. Notwithstanding any other | 12 | | provision of this Act to the contrary, the Director of the | 13 | | Illinois Power Agency may create alternative bidding | 14 | | procedures to be used in procuring professional services under | 15 | | subsections (a) and (c) of Section 1-75 and subsection (d) of | 16 | | Section 1-78 of the Illinois Power Agency Act and Section | 17 | | 16-111.5(c) of the Public Utilities Act and to procure | 18 | | renewable energy resources under Section 1-56 of the Illinois | 19 | | Power Agency Act. These alternative procedures shall be set | 20 | | forth together with the other criteria contained in the | 21 | | invitation for bids, and shall appear in the appropriate volume | 22 | | of the Illinois Procurement Bulletin.
| 23 | | (j) Reverse auction. Notwithstanding any other provision | 24 | | of this Section and in accordance with rules adopted by the | 25 | | chief procurement officer, that chief procurement officer may | 26 | | procure supplies or services through a competitive electronic |
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| 1 | | auction bidding process after the chief procurement officer | 2 | | determines that the use of such a process will be in the best | 3 | | interest of the State. The chief procurement officer shall | 4 | | publish that determination in his or her next volume of the | 5 | | Illinois Procurement Bulletin. | 6 | | An invitation for bids shall be issued and shall include | 7 | | (i) a procurement description, (ii) all contractual terms, | 8 | | whenever practical, and (iii) conditions applicable to the | 9 | | procurement, including a notice that bids will be received in | 10 | | an electronic auction manner. | 11 | | Public notice of the invitation for bids shall be given in | 12 | | the same manner as provided in subsection (c). | 13 | | Bids shall be accepted electronically at the time and in | 14 | | the manner designated in the invitation for bids. During the | 15 | | auction, a bidder's price shall be disclosed to other bidders. | 16 | | Bidders shall have the opportunity to reduce their bid prices | 17 | | during the auction. At the conclusion of the auction, the | 18 | | record of the bid prices received and the name of each bidder | 19 | | shall be open to public inspection. | 20 | | After the auction period has terminated, withdrawal of bids | 21 | | shall be permitted as provided in subsection (f). | 22 | | The contract shall be awarded within 60 calendar days after | 23 | | the auction by written notice to the lowest responsible bidder, | 24 | | or all bids shall be rejected except as otherwise provided in | 25 | | this Code. Extensions of the date for the award may be made by | 26 | | mutual written consent of the State purchasing officer and the |
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| 1 | | lowest responsible bidder. | 2 | | This subsection does not apply to (i) procurements of | 3 | | professional and artistic services, (ii) telecommunications | 4 | | services, communication services, and information services,
| 5 | | and (iii) contracts for construction projects, including | 6 | | design professional services. | 7 | | (Source: P.A. 99-906, eff. 6-1-17; 100-43, eff. 8-9-17.)".
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