Full Text of SB2192 103rd General Assembly
SB2192sam002 103RD GENERAL ASSEMBLY | Sen. Ram Villivalam Filed: 3/7/2023
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| 1 | | AMENDMENT TO SENATE BILL 2192
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2192 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, 100-43, 101-31, 101-657, and 102-29) | 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 | 2 | | bids shall be
published in the Illinois Procurement Bulletin | 3 | | at 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 | 7 | | more witnesses
at the time and place designated in the | 8 | | invitation for bids. The
name of each bidder, including earned | 9 | | and applied bid credit from the Illinois Works Jobs Program | 10 | | Act, the amount
of each bid, and other relevant information as | 11 | | may be specified by
rule shall be
recorded. After the award of | 12 | | the contract, the winning bid and the
record of each | 13 | | unsuccessful bid shall be open to
public inspection.
| 14 | | (e) Bid acceptance and bid evaluation. Bids shall be
| 15 | | unconditionally accepted without
alteration or correction, | 16 | | except as authorized in this Code. Bids
shall be evaluated | 17 | | based on the
requirements set forth in the invitation for | 18 | | bids, which may
include criteria to determine
acceptability | 19 | | such as inspection, testing, quality, workmanship,
delivery, | 20 | | and suitability for a
particular purpose. Those criteria that | 21 | | will affect the bid price and be considered in evaluation
for | 22 | | award, such as discounts, transportation costs, and total or
| 23 | | life cycle costs, shall be
objectively measurable. The | 24 | | invitation for bids shall set forth
the evaluation criteria to | 25 | | be used.
| 26 | | (f) Correction or withdrawal of bids. Correction or
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| 1 | | withdrawal of inadvertently
erroneous bids before or after | 2 | | award, or cancellation of awards of
contracts based on bid
| 3 | | mistakes, shall be permitted in accordance with rules.
After | 4 | | bid opening, no
changes in bid prices or other provisions of | 5 | | bids prejudicial to
the interest of the State or fair
| 6 | | competition shall be permitted. All decisions to permit the
| 7 | | correction or withdrawal of bids
based on bid mistakes shall | 8 | | be supported by written determination
made by a State | 9 | | purchasing officer.
| 10 | | (g) Award. The contract shall be awarded with reasonable
| 11 | | promptness by written notice
to the lowest responsible and | 12 | | responsive bidder whose bid meets
the requirements and | 13 | | criteria
set forth in the invitation for bids, except when a | 14 | | State purchasing officer
determines it is not in the best | 15 | | interest of the State and by written
explanation determines | 16 | | another bidder shall receive the award. The explanation
shall | 17 | | appear in the appropriate volume of the Illinois Procurement | 18 | | Bulletin. The written explanation must include:
| 19 | | (1) a description of the agency's needs; | 20 | | (2) a determination that the anticipated cost will be | 21 | | fair and reasonable; | 22 | | (3) a listing of all responsible and responsive | 23 | | bidders; and | 24 | | (4) the name of the bidder selected, the total | 25 | | contract price, and the reasons for selecting that bidder. | 26 | | Each chief procurement officer may adopt guidelines to |
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| 1 | | implement the requirements of this subsection (g). | 2 | | The written explanation shall be filed with the | 3 | | Legislative Audit Commission, and the Commission on Equity and | 4 | | Inclusion, and the Procurement Policy Board, and be made | 5 | | available for inspection by the public, within 14 calendar | 6 | | days after the agency's decision to award the contract. | 7 | | (g-5) Failed bid notice. In addition to the requirements | 8 | | of subsection (g), if a bidder has failed to be awarded a | 9 | | contract after 4 consecutive bids to provide the same services | 10 | | to the Department of Transportation, the Capital Development | 11 | | Board, or the Illinois State Toll Highway Authority, the | 12 | | applicable chief procurement officer for the respective agency | 13 | | shall in writing detail why all 4 bids were rejected. The chief | 14 | | procurement officer shall submit by certified copy to the | 15 | | bidder the reasoning for the rejection of the bid within the | 16 | | same calendar quarter in which the fourth bid was rejected and | 17 | | prior to 15 days before the next Illinois Procurement Bulletin | 18 | | for that type of bid. | 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 an
invitation for bids limited to
those bidders | 24 | | whose offers have been qualified under the criteria
set forth | 25 | | in the first solicitation.
| 26 | | (i) Alternative procedures. Notwithstanding any other |
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| 1 | | provision of this Act to the contrary, the Director of the | 2 | | Illinois Power Agency may create alternative bidding | 3 | | procedures to be used in procuring professional services under | 4 | | Section 1-56, subsections (a) and (c) of Section 1-75 and | 5 | | subsection (d) of Section 1-78 of the Illinois Power Agency | 6 | | Act and Section 16-111.5(c) of the Public Utilities Act and to | 7 | | procure renewable energy resources under Section 1-56 of the | 8 | | Illinois Power Agency Act. These alternative procedures shall | 9 | | be set forth together with the other criteria contained in the | 10 | | invitation for bids, and shall appear in the appropriate | 11 | | volume of the Illinois Procurement Bulletin.
| 12 | | (j) Reverse auction. Notwithstanding any other provision | 13 | | of this Section and in accordance with rules adopted by the | 14 | | chief procurement officer, that chief procurement officer may | 15 | | procure supplies or services through a competitive electronic | 16 | | auction bidding process after the chief procurement officer | 17 | | determines that the use of such a process will be in the best | 18 | | interest of the State. The chief procurement officer shall | 19 | | publish that determination in his or her next volume of the | 20 | | Illinois Procurement Bulletin. | 21 | | An invitation for bids shall be issued and shall include | 22 | | (i) a procurement description, (ii) all contractual terms, | 23 | | whenever practical, and (iii) conditions applicable to the | 24 | | procurement, including a notice that bids will be received in | 25 | | an electronic auction manner. | 26 | | Public notice of the invitation for bids shall be given in |
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| 1 | | the same manner as provided in subsection (c). | 2 | | Bids shall be accepted electronically at the time and in | 3 | | the manner designated in the invitation for bids. During the | 4 | | auction, a bidder's price shall be disclosed to other bidders. | 5 | | Bidders shall have the opportunity to reduce their bid prices | 6 | | during the auction. At the conclusion of the auction, the | 7 | | record of the bid prices received and the name of each bidder | 8 | | shall be open to public inspection. | 9 | | After the auction period has terminated, withdrawal of | 10 | | bids shall be permitted as provided in subsection (f). | 11 | | The contract shall be awarded within 60 calendar days | 12 | | after the auction by written notice to the lowest responsible | 13 | | bidder, or all bids shall be rejected except as otherwise | 14 | | provided in this Code. Extensions of the date for the award may | 15 | | be made by mutual written consent of the State purchasing | 16 | | officer and the lowest responsible bidder. | 17 | | This subsection does not apply to (i) procurements of | 18 | | professional and artistic services, (ii) telecommunications | 19 | | services, communication services, and information services, | 20 | | and (iii) contracts for construction projects, including | 21 | | design professional services. | 22 | | (Source: P.A. 100-43, eff. 8-9-17; 101-31, eff. 6-28-19; | 23 | | 101-657, eff. 1-1-22; 102-29, eff. 6-25-21.)
| 24 | | (Text of Section from P.A. 96-159, 96-795, 97-96, 97-895, | 25 | | 98-1076, 99-906, 100-43, 101-31, 101-657, and 102-29)
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| 1 | | Sec. 20-10. Competitive sealed bidding; reverse auction.
| 2 | | (a) Conditions for use. All contracts shall be awarded by
| 3 | | competitive sealed bidding
except as otherwise provided in | 4 | | Section 20-5.
| 5 | | (b) Invitation for bids. An invitation for bids shall be
| 6 | | issued and shall include a
purchase description and the | 7 | | material contractual terms and
conditions applicable to the
| 8 | | procurement.
| 9 | | (c) Public notice. Public notice of the invitation for | 10 | | bids shall be
published in the Illinois Procurement Bulletin | 11 | | at least 14 calendar days before the date
set in the invitation | 12 | | for the opening of bids.
| 13 | | (d) Bid opening. Bids shall be opened publicly or through | 14 | | an electronic procurement system in the
presence of one or | 15 | | more witnesses
at the time and place designated in the | 16 | | invitation for bids. The
name of each bidder, including earned | 17 | | and applied bid credit from the Illinois Works Jobs Program | 18 | | Act, the amount
of each bid, and other relevant information as | 19 | | may be specified by
rule shall be
recorded. After the award of | 20 | | the contract, the winning bid and the
record of each | 21 | | unsuccessful bid shall be open to
public inspection.
| 22 | | (e) Bid acceptance and bid evaluation. Bids shall be
| 23 | | unconditionally accepted without
alteration or correction, | 24 | | except as authorized in this Code. Bids
shall be evaluated | 25 | | based on the
requirements set forth in the invitation for | 26 | | bids, which may
include criteria to determine
acceptability |
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| 1 | | such as inspection, testing, quality, workmanship,
delivery, | 2 | | and suitability for a
particular purpose. Those criteria that | 3 | | will affect the bid price and be considered in evaluation
for | 4 | | award, such as discounts, transportation costs, and total or
| 5 | | life cycle costs, shall be
objectively measurable. The | 6 | | invitation for bids shall set forth
the evaluation criteria to | 7 | | be used.
| 8 | | (f) Correction or withdrawal of bids. Correction or
| 9 | | withdrawal of inadvertently
erroneous bids before or after | 10 | | award, or cancellation of awards of
contracts based on bid
| 11 | | mistakes, shall be permitted in accordance with rules.
After | 12 | | bid opening, no
changes in bid prices or other provisions of | 13 | | bids prejudicial to
the interest of the State or fair
| 14 | | competition shall be permitted. All decisions to permit the
| 15 | | correction or withdrawal of bids
based on bid mistakes shall | 16 | | be supported by written determination
made by a State | 17 | | purchasing officer.
| 18 | | (g) Award. The contract shall be awarded with reasonable
| 19 | | promptness by written notice
to the lowest responsible and | 20 | | responsive bidder whose bid meets
the requirements and | 21 | | criteria
set forth in the invitation for bids, except when a | 22 | | State purchasing officer
determines it is not in the best | 23 | | interest of the State and by written
explanation determines | 24 | | another bidder shall receive the award. The explanation
shall | 25 | | appear in the appropriate volume of the Illinois Procurement | 26 | | Bulletin. The written explanation must include:
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| 1 | | (1) a description of the agency's needs; | 2 | | (2) a determination that the anticipated cost will be | 3 | | fair and reasonable; | 4 | | (3) a listing of all responsible and responsive | 5 | | bidders; and | 6 | | (4) the name of the bidder selected, the total | 7 | | contract price, and the reasons for selecting that bidder. | 8 | | Each chief procurement officer may adopt guidelines to | 9 | | implement the requirements of this subsection (g). | 10 | | The written explanation shall be filed with the | 11 | | Legislative Audit Commission, and the Commission on Equity and | 12 | | Inclusion, and the Procurement Policy Board, and be made | 13 | | available for inspection by the public, within 14 days after | 14 | | the agency's decision to award the contract. | 15 | | (g-5) Failed bid notice. In addition to the requirements | 16 | | of subsection (g), if a bidder has failed to be awarded a | 17 | | contract after 4 consecutive bids to provide the same services | 18 | | to the Department of Transportation, the Capital Development | 19 | | Board, or the Illinois State Toll Highway Authority, the | 20 | | applicable chief procurement officer for the respective agency | 21 | | shall in writing detail why all 4 bids were rejected. The chief | 22 | | procurement officer shall submit by certified copy to the | 23 | | bidder the reasoning for the rejection of the bid within the | 24 | | same calendar quarter in which the fourth bid was rejected and | 25 | | prior to 15 days before the next Illinois Procurement Bulletin | 26 | | for that type of bid. |
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| 1 | | (h) Multi-step sealed bidding. When it is considered
| 2 | | impracticable to initially prepare
a purchase description to | 3 | | support an award based on price, an
invitation for bids may be | 4 | | issued
requesting the submission of unpriced offers to be | 5 | | followed by an
invitation for bids limited to
those bidders | 6 | | whose offers have been qualified under the criteria
set forth | 7 | | in the first solicitation.
| 8 | | (i) Alternative procedures. Notwithstanding any other | 9 | | provision of this Act to the contrary, the Director of the | 10 | | Illinois Power Agency may create alternative bidding | 11 | | procedures to be used in procuring professional services under | 12 | | subsections (a) and (c) of Section 1-75 and subsection (d) of | 13 | | Section 1-78 of the Illinois Power Agency Act and Section | 14 | | 16-111.5(c) of the Public Utilities Act and to procure | 15 | | renewable energy resources under Section 1-56 of the Illinois | 16 | | Power Agency Act. These alternative procedures shall be set | 17 | | forth together with the other criteria contained in the | 18 | | invitation for bids, and shall appear in the appropriate | 19 | | volume of the Illinois Procurement Bulletin.
| 20 | | (j) Reverse auction. Notwithstanding any other provision | 21 | | of this Section and in accordance with rules adopted by the | 22 | | chief procurement officer, that chief procurement officer may | 23 | | procure supplies or services through a competitive electronic | 24 | | auction bidding process after the chief procurement officer | 25 | | determines that the use of such a process will be in the best | 26 | | interest of the State. The chief procurement officer shall |
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| 1 | | publish that determination in his or her next volume of the | 2 | | Illinois Procurement Bulletin. | 3 | | An invitation for bids shall be issued and shall include | 4 | | (i) a procurement description, (ii) all contractual terms, | 5 | | whenever practical, and (iii) conditions applicable to the | 6 | | procurement, including a notice that bids will be received in | 7 | | an electronic auction manner. | 8 | | Public notice of the invitation for bids shall be given in | 9 | | the same manner as provided in subsection (c). | 10 | | Bids shall be accepted electronically at the time and in | 11 | | the manner designated in the invitation for bids. During the | 12 | | auction, a bidder's price shall be disclosed to other bidders. | 13 | | Bidders shall have the opportunity to reduce their bid prices | 14 | | during the auction. At the conclusion of the auction, the | 15 | | record of the bid prices received and the name of each bidder | 16 | | shall be open to public inspection. | 17 | | After the auction period has terminated, withdrawal of | 18 | | bids shall be permitted as provided in subsection (f). | 19 | | The contract shall be awarded within 60 calendar days | 20 | | after the auction by written notice to the lowest responsible | 21 | | bidder, or all bids shall be rejected except as otherwise | 22 | | provided in this Code. Extensions of the date for the award may | 23 | | be made by mutual written consent of the State purchasing | 24 | | officer and the lowest responsible bidder. | 25 | | This subsection does not apply to (i) procurements of | 26 | | professional and artistic services, (ii) telecommunications |
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| 1 | | services, communication services, and information services,
| 2 | | and (iii) contracts for construction projects, including | 3 | | design professional services. | 4 | | (Source: P.A. 101-31, eff. 6-28-19; 101-657, eff. 1-1-22; | 5 | | 102-29, eff. 6-25-21 .)".
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