Full Text of HB2594 101st General Assembly
HB2594sam001 101ST GENERAL ASSEMBLY | Sen. Terry Link Filed: 5/17/2019
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| 1 | | AMENDMENT TO HOUSE BILL 2594
| 2 | | AMENDMENT NO. ______. Amend House Bill 2594 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Governmental Joint Purchasing Act is | 5 | | amended by changing Section 2 as follows:
| 6 | | (30 ILCS 525/2) (from Ch. 85, par. 1602)
| 7 | | Sec. 2. Joint purchasing authority. | 8 | | (a) Any governmental unit, except a governmental unit | 9 | | subject to the jurisdiction of a chief procurement officer | 10 | | established in Section 10-20 of the Illinois Procurement Code, | 11 | | may purchase personal property, supplies
and services jointly | 12 | | with one or more other governmental units. All such joint
| 13 | | purchases shall be by competitive solicitation as provided in | 14 | | Section 4, except as otherwise provided in this Act.
The | 15 | | provisions of any other acts under which a governmental unit | 16 | | operates which
refer to purchases and procedures in connection |
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| 1 | | therewith shall be superseded
by the provisions of this Act | 2 | | when the governmental units are exercising the
joint powers | 3 | | created by this Act.
| 4 | | (a-5) Except as otherwise provided under subsection (a-6), | 5 | | for For purchases made by a governmental unit subject to the | 6 | | jurisdiction of a chief procurement officer established in | 7 | | Section 10-20 of the Illinois Procurement Code, the applicable | 8 | | chief procurement officer established in Section 10-20 of the | 9 | | Illinois Procurement Code may authorize the purchase of | 10 | | supplies and services jointly with a governmental unit of this | 11 | | State, governmental entity of another state, or with a | 12 | | consortium of governmental entities of one or more other | 13 | | states, except as otherwise provided in this Act. Subject to | 14 | | provisions of the joint purchasing solicitation, the | 15 | | appropriate chief procurement officer may designate the | 16 | | resulting contract as available to governmental units in | 17 | | Illinois. | 18 | | (a-6) Notwithstanding any provision of law to the contrary, | 19 | | including the provisions of subsection (a-5), State agencies | 20 | | are hereby authorized to purchase supplies and services made | 21 | | available by federal competitive ordering and contracting | 22 | | processes, and as allowed for by the federal government for | 23 | | state governmental entities. Procurements made by State | 24 | | agencies under this subsection (a-6) are presumptively | 25 | | approved methods of source selection under Section 20-5 of the | 26 | | Illinois Procurement Code without further source selection |
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| 1 | | approval required from the chief procurement officers | 2 | | established under Section 10-20 of the Illinois Procurement | 3 | | Code. | 4 | | (a-10) Each chief procurement officer appointed pursuant | 5 | | to Section 10-20 of the Illinois Procurement Code, with joint | 6 | | agreement of the respective agency or institution, may | 7 | | authorize the purchase or lease of supplies and services which | 8 | | have been procured through a competitive process by a federal | 9 | | agency; a consortium of governmental, educational, medical, | 10 | | research, or similar entities; or a group purchasing | 11 | | organization of which the chief procurement officer or State | 12 | | agency is a member or affiliate, including, without limitation, | 13 | | any purchasing entity operating under the federal General | 14 | | Services Administration, the Higher Education Cooperation Act, | 15 | | and the Midwestern Higher Education Compact Act. Each | 16 | | applicable chief procurement officer may authorize purchases | 17 | | and contracts which have been procured through other methods of | 18 | | procurement if each chief procurement officer determines it is | 19 | | in the best interests of the State, considering a | 20 | | recommendation by their respective agencies or institutions. | 21 | | The chief procurement officer may establish detailed rules, | 22 | | policies, and procedures for use of these cooperative | 23 | | contracts. Notice of award shall be published by the chief | 24 | | procurement officer in the Illinois Procurement Bulletin at | 25 | | least prior to use of the contract. Each chief procurement | 26 | | officer shall submit to the General Assembly by November 1 of |
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| 1 | | each year a report of procurements made under this subsection | 2 | | (a-10). | 3 | | (b) Any not-for-profit agency that qualifies under Section | 4 | | 45-35 of the Illinois Procurement Code and that either (1) acts | 5 | | pursuant to a board
established by or controlled by a unit of | 6 | | local government or (2) receives
grant funds from the State or | 7 | | from a unit of local government, shall be
eligible to | 8 | | participate in contracts established by the State.
| 9 | | (c) For governmental units subject to the jurisdiction of a | 10 | | chief procurement officer established in Section 10-20 of the | 11 | | Illinois Procurement Code, if any contract or amendment to a | 12 | | contract is entered into or purchase or expenditure of funds is | 13 | | made at any time in violation of this Act or any other law, the | 14 | | contract or amendment may be declared void by the chief | 15 | | procurement officer or may be ratified and affirmed, if the | 16 | | chief procurement officer determines that ratification is in | 17 | | the best interests of the governmental unit. If the contract or | 18 | | amendment is ratified and affirmed, it shall be without | 19 | | prejudice to the governmental unit's rights to any appropriate | 20 | | damages. | 21 | | (d) This Section does not apply to construction-related | 22 | | professional services contracts awarded in accordance with the | 23 | | provisions of the Architectural, Engineering, and Land | 24 | | Surveying Qualifications Based Selection Act. | 25 | | (Source: P.A. 100-43, eff. 8-9-17.)".
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