Full Text of HB4136 97th General Assembly
HB4136eng 97TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning finance.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Procurement Code is amended by | 5 | | changing Sections 15-1, 15-25, 15-30, and by adding Section | 6 | | 15-35 as follows:
| 7 | | (30 ILCS 500/15-1)
| 8 | | Sec. 15-1. Publisher. Each chief procurement officer, in | 9 | | consultation with the agencies under his or her jurisdiction, | 10 | | possesses the rights to and is the authority The Department of | 11 | | Central Management Services
is the State agency responsible for | 12 | | publishing its volume volumes of the
Illinois Procurement | 13 | | Bulletin. The Capital Development Board is responsible
for | 14 | | publishing its volumes of the Illinois Procurement Bulletin. | 15 | | The
Department
of Transportation is responsible for publishing | 16 | | its volumes of the
Illinois Procurement Bulletin.
The higher | 17 | | education chief procurement officer is responsible for | 18 | | publishing
the higher education volumes of the Illinois | 19 | | Procurement Bulletin. The Illinois Power Agency is the State | 20 | | agency responsible for publishing its volumes of the Illinois | 21 | | Procurement Bulletin.
| 22 | | Each volume of the Illinois Procurement Bulletin shall be | 23 | | available
electronically and may be available in print. |
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| 1 | | References in this Code to the
publication and
distribution of | 2 | | the Illinois Procurement Bulletin include both its print and
| 3 | | electronic formats.
| 4 | | (Source: P.A. 95-481, eff. 8-28-07.)
| 5 | | (30 ILCS 500/15-25) | 6 | | Sec. 15-25. Bulletin content. | 7 | | (a) Invitations for bids. Notice of each and every contract | 8 | | that is
offered, including renegotiated contracts and change | 9 | | orders,
shall be published in the Bulletin, and all businesses | 10 | | listed on the Department of Transportation Disadvantaged | 11 | | Business Enterprise Directory, the Department of Central | 12 | | Management Services Business Enterprise Program and Small | 13 | | Business Vendors Directory, and the Capital Development | 14 | | Board's Directory of Certified Minority and Female Business | 15 | | Enterprises shall be furnished written instructions and | 16 | | information on how to register on each Procurement Bulletin | 17 | | maintained by the State. Such information shall be provided to | 18 | | each business within 30 days after the business' notice of | 19 | | certification. The applicable chief procurement officer
may | 20 | | provide by rule an organized format for the publication of this
| 21 | | information, but in any case it must include at least the date | 22 | | first offered,
the date submission of offers is due, the | 23 | | location that offers are to be
submitted to, the purchasing | 24 | | State agency, the responsible State purchasing
officer, a brief | 25 | | purchase description, the method of source selection,
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| 1 | | information of how to obtain a comprehensive purchase | 2 | | description and any
disclosure and contract forms, and | 3 | | encouragement to prospective vendors to hire qualified | 4 | | veterans, as defined by Section 45-67 of this Code, and | 5 | | qualified Illinois minorities, women, persons with | 6 | | disabilities, and residents discharged from any Illinois adult | 7 | | correctional center. | 8 | | (b) Contracts let. Notice of each and every contract that | 9 | | is let, including renegotiated contracts and change orders, | 10 | | shall be issued electronically to those bidders or offerors | 11 | | submitting responses to the solicitations, inclusive of the | 12 | | unsuccessful bidders, immediately upon contract let. Failure | 13 | | of any chief procurement officer to give such notice shall | 14 | | result in tolling the time for filing a bid protest up to 5 | 15 | | business days. The apparent low bidder's award and all other | 16 | | bids from bidders responding to solicitations shall be posted | 17 | | on the agency's website the next business day.
| 18 | | (b-5) Contracts awarded. Notice of each and every contract | 19 | | that is awarded, including renegotiated contracts and change | 20 | | orders, shall be issued electronically to the successful | 21 | | responsible bidder or offeror, posted on the agency's website | 22 | | the next business day, and published in the next available | 23 | | subsequent Bulletin. The applicable chief procurement officer | 24 | | may provide by rule an organized format for the publication of | 25 | | this information, but in any case it must include at least all | 26 | | of the information specified in subsection (a) as well as the |
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| 1 | | name of the successful responsible bidder or offeror, the | 2 | | contract price, the number of unsuccessful responsive bidders, | 3 | | and any other disclosure specified in any Section of this Code. | 4 | | This notice must be posted in the online electronic Bulletin | 5 | | prior to execution of the contract. | 6 | | (c) Emergency purchase disclosure. Any chief procurement | 7 | | officer or State
purchasing officer exercising emergency | 8 | | purchase authority under
this Code shall publish a written | 9 | | description and reasons and the total cost,
if known, or an | 10 | | estimate if unknown and the name of the responsible chief
| 11 | | procurement officer and State purchasing officer, and the | 12 | | business or person
contracted with for all emergency purchases | 13 | | in
the next timely, practicable Bulletin. This notice must be | 14 | | posted in the online electronic Bulletin no later than 3 | 15 | | business days after the contract is awarded.
Notice of a | 16 | | hearing to extend an emergency contract must be posted in the | 17 | | online electronic Procurement Bulletin no later than 5 business | 18 | | days prior to the hearing. | 19 | | (c-5) Business Enterprise Program report. Each purchasing | 20 | | agency shall , with the assistance of the applicable chief | 21 | | procurement officer, post in the online electronic Bulletin a | 22 | | copy of its annual report of utilization of businesses owned by | 23 | | minorities, females, and persons with disabilities as | 24 | | submitted to the Business Enterprise Council for Minorities, | 25 | | Females, and Persons with Disabilities pursuant to Section 6(c) | 26 | | of the Business Enterprise for Minorities, Females, and Persons |
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| 1 | | with Disabilities Act within 10 business days after its | 2 | | submission of its report to the Council.
| 3 | | (c-10) Renewals. Notice of each contract renewal shall be | 4 | | posted in the online electronic Bulletin within 10 business | 5 | | days of the determination to renew the contract and the next | 6 | | available subsequent Bulletin. The notice shall include at | 7 | | least all of the information required in subsection (b).
| 8 | | (c-15) Sole source procurements. Before entering into a | 9 | | sole source contract, a chief procurement officer exercising | 10 | | sole source procurement authority under this Code shall publish | 11 | | a written description of intent to enter into a sole source | 12 | | contract along with a description of the item to be procured | 13 | | and the intended sole source contractor. This notice must be | 14 | | posted in the online electronic Procurement Bulletin before a | 15 | | sole source contract is awarded and at least 14 days before the | 16 | | hearing required by Section 20-25. | 17 | | (d) Other required disclosure. The applicable chief | 18 | | procurement officer
shall provide by rule for the organized | 19 | | publication of all other disclosure
required in other Sections | 20 | | of this Code in a timely manner. | 21 | | (e) The changes to subsections (b), (c), (c-5), (c-10), and | 22 | | (c-15) of this Section made by this amendatory Act of the 96th | 23 | | General Assembly apply to reports submitted, offers made, and | 24 | | notices on contracts executed on or after its effective date.
| 25 | | (f) Each The Department of Central Management Services, the | 26 | | Capital Development Board, the Department of Transportation, |
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| 1 | | and the higher education chief procurement officer shall , in | 2 | | consultation with the agencies under his or her jurisdiction, | 3 | | provide the Procurement Policy Board with the information and | 4 | | resources necessary, and in a manner, to effectuate the purpose | 5 | | of this amendatory Act of the 96th General Assembly. | 6 | | (Source: P.A. 95-536, eff. 1-1-08; 96-795, eff. 7-1-10 (see | 7 | | Section 5 of P.A. 96-793 for the effective date of changes made | 8 | | by P.A. 96-795); 96-1444, eff. 8-20-10.) | 9 | | (30 ILCS 500/15-30) | 10 | | Sec. 15-30. Electronic Bulletin clearinghouse. | 11 | | (a) The Procurement Policy Board shall maintain on its | 12 | | official website a searchable database containing all | 13 | | information required to be included in the Illinois Procurement | 14 | | Bulletin under subsections (b), (c), (c-10), and (c-15) of | 15 | | Section 15-25 and all information required to be disclosed | 16 | | under Section 50-41. The posting of procurement information on | 17 | | the website is subject to the same posting requirements as the | 18 | | online electronic Bulletin. | 19 | | (b) For the purposes of this Section, searchable means | 20 | | searchable and sortable by successful responsible bidder or | 21 | | offeror or, for emergency purchases, business or person | 22 | | contracted with; the contract price or total cost; the service | 23 | | or good; the purchasing State agency; and the date first | 24 | | offered or announced. | 25 | | (c) The applicable chief procurement officer shall provide |
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| 1 | | the Procurement Policy Board the information and resources | 2 | | necessary, and in a manner, to effectuate the purpose of this | 3 | | Section.
| 4 | | (Source: P.A. 95-536, eff. 1-1-08; 96-795, eff. 7-1-10 (see | 5 | | Section 5 of P.A. 96-793 for the effective date of changes made | 6 | | by P.A. 96-795) .) | 7 | | (30 ILCS 500/15-35 new) | 8 | | Sec. 15-35. Vendor portal. Each chief procurement officer | 9 | | may, in consultation with the agencies under his or her | 10 | | jurisdiction and the Procurement Policy Board, establish a | 11 | | vendor portal. The vendor portal shall allow a prospective | 12 | | vendor to provide certifications, disclosures, registrations, | 13 | | and other documentation needed to do business with a State | 14 | | agency in advance of any particular procurement. A prospective | 15 | | vendor who registers with the vendor portal and provides this | 16 | | information may submit its registration number, with a | 17 | | confirmation that the portal information remains current, as | 18 | | part of its response to a competitive selection or a | 19 | | contracting process, rather than submit the same information in | 20 | | full. One or more chief procurement officers may jointly | 21 | | operate a vendor portal if a single portal would better serve | 22 | | the needs of the State agencies and the vendor community. A | 23 | | chief procurement officer may accept, for use on procurements | 24 | | and contracts under his or her jurisdiction, the registration | 25 | | from another chief procurement officer's vendor portal. This |
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| 1 | | Section applies notwithstanding any laws to the contrary except | 2 | | for later enacted laws that specifically refer to this Section. | 3 | | Nothing in this Section shall preclude a State agency from | 4 | | implementing its own pre-qualification, certification, | 5 | | disclosure, and registration requirements necessary to conduct | 6 | | and manage its program operation. | 7 | | This Section does not apply to any contract for any project | 8 | | as to which federal funds are available for expenditure when | 9 | | its provisions may be in conflict with federal law or federal | 10 | | regulation.
| 11 | | Section 99. Effective date. This Act takes effect upon | 12 | | becoming law. |
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