Full Text of SB3361 103rd General Assembly
SB3361 103RD GENERAL ASSEMBLY | | | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 SB3361 Introduced 2/7/2024, by Sen. Cristina Castro SYNOPSIS AS INTRODUCED: | | 30 ILCS 525/4 | from Ch. 85, par. 1604 |
| Amends the Governmental Joint Purchasing Act. Provides that a governmental unit may award contracts based on its own ranking of the offerors without regard to whether or not a cooperative purchasing program has ranked the offerors. Effective immediately. |
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| | A BILL FOR |
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| 1 | | AN ACT concerning State government. | 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly: | 4 | | Section 5. The Governmental Joint Purchasing Act is | 5 | | amended by changing Section 4 as follows: | 6 | | (30 ILCS 525/4) (from Ch. 85, par. 1604) | 7 | | Sec. 4. Bids, offers, and small purchases. The purchases | 8 | | of all personal property, supplies and services under this | 9 | | Act, except for small purchases, shall be based on competitive | 10 | | solicitations unless, for purchases made pursuant to | 11 | | subsection (a) of Section 2 of this Act, it is the | 12 | | determination of the applicable chief procurement officer that | 13 | | it is impractical to obtain competition. Purchases pursuant to | 14 | | this Section shall follow the same procedures used for | 15 | | competitive solicitations made pursuant to the Illinois | 16 | | Procurement Code when the State is a party to the joint | 17 | | purchase. For purchases made pursuant to subsection (a) of | 18 | | Section 2 of this Act where the applicable chief procurement | 19 | | officer makes the determination that it is impractical to | 20 | | obtain competition, purchases shall either follow the same | 21 | | procedure used for sole source procurements in Section 20-25 | 22 | | of the Illinois Procurement Code or the same procedure used | 23 | | for emergency purchases in Section 20-30 of the Illinois |
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| 1 | | Procurement Code. For purchases pursuant to subsection (a) of | 2 | | Section 2, bids and offers shall be solicited by public notice | 3 | | inserted at least once in a newspaper of general circulation | 4 | | in one of the counties where the materials are to be used and | 5 | | at least 5 calendar days before the final date of submitting | 6 | | bids or offers, except as otherwise provided in this Section. | 7 | | Where the State of Illinois is a party to the joint purchase | 8 | | agreement, public notice soliciting the bids or offers shall | 9 | | be published in the appropriate volume of the Illinois | 10 | | Procurement Bulletin. Such notice shall include a general | 11 | | description of the supplies or services to be purchased and | 12 | | shall state where specifications may be obtained and the time | 13 | | and place for the opening of bids and offers. The governmental | 14 | | unit conducting the competitive procurement process may also | 15 | | solicit sealed bids or offers by sending requests by mail to | 16 | | potential contractors and by posting notices on a public | 17 | | bulletin board in its office. Small purchases pursuant to this | 18 | | Section shall follow the same procedure used for small | 19 | | purchases in Section 20-20 of the Illinois Procurement Code. | 20 | | All purchases, orders or contracts shall be awarded to the | 21 | | lowest responsible bidder or highest-ranked offeror, taking | 22 | | into consideration the qualities of the articles or services | 23 | | supplied, their conformity with the specifications, their | 24 | | suitability to the requirements of the participating | 25 | | governmental units and the delivery terms. A governmental unit | 26 | | may award contracts based on its own ranking of the offerors |
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| 1 | | without regard to whether or not a cooperative purchasing | 2 | | program has ranked the offerors. | 3 | | Where the State of Illinois is not a party, all bids or | 4 | | offers may be rejected and new bids or offers solicited if one | 5 | | or more of the participating governmental units believes the | 6 | | public interest may be served thereby. Each bid or offer, with | 7 | | the name of the bidder or offeror, shall be entered on a | 8 | | record, which record with the successful bid or offer, | 9 | | indicated thereon shall, after the award of the purchase or | 10 | | order or contract, be open to public inspection. A copy of all | 11 | | contracts shall be filed with the purchasing office or clerk | 12 | | or secretary of each participating governmental unit. | 13 | | (Source: P.A. 100-43, eff. 8-9-17.) | 14 | | Section 99. Effective date. This Act takes effect upon | 15 | | becoming law. |
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