Full Text of HB4609 99th General Assembly
HB4609 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 HB4609 Introduced , by Rep. Adam Brown SYNOPSIS AS INTRODUCED: |
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Amends the Illinois Procurement Code. Provides for the identification and reporting of emergency purchases caused by agency process failures or delays; specifies the information to be reported. Effective immediately.
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| | A BILL FOR |
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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 Section 20-30 as follows:
| 6 | | (30 ILCS 500/20-30)
| 7 | | Sec. 20-30. Emergency purchases.
| 8 | | (a) Conditions for use. In accordance with standards set by
| 9 | | rule, a purchasing
agency may make emergency procurements | 10 | | without competitive sealed
bidding or prior notice
when there | 11 | | exists a threat to public health or public safety, or
when | 12 | | immediate expenditure is
necessary for repairs to State | 13 | | property in order to protect
against further loss of or damage | 14 | | to
State property, to prevent or minimize serious disruption in | 15 | | critical State
services that affect health, safety, or | 16 | | collection of substantial State revenues, or to ensure the
| 17 | | integrity of State records; provided, however, that the term of | 18 | | the emergency purchase shall be limited to the time reasonably | 19 | | needed for a competitive procurement, not to exceed 90 calendar | 20 | | days. Emergencies caused by agency process failures or delays | 21 | | shall be categorized as such and shall be reported to the | 22 | | Procurement Policy Board in a form prescribed by the Board no | 23 | | later than 5 business days after selection. The prescribed form |
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| 1 | | shall include at minimum the agency, product or service, | 2 | | selected vendor, and the agency procurement officer | 3 | | responsible for the selection. A contract may be extended | 4 | | beyond 90 calendar days if the chief procurement officer | 5 | | determines additional time is necessary and that the contract | 6 | | scope and duration are limited to the emergency. Prior to | 7 | | execution of the extension, the chief procurement officer must | 8 | | hold a public hearing and provide written justification for all | 9 | | emergency contracts. Members of the public may present | 10 | | testimony. Emergency procurements shall be made
with as much | 11 | | competition
as is practicable under the circumstances.
A | 12 | | written
description of the basis for the emergency and reasons | 13 | | for the
selection of the particular
contractor shall be | 14 | | included in the contract file.
| 15 | | (b) Notice. Notice of all emergency procurements shall be | 16 | | provided to the Procurement Policy Board and published in the | 17 | | online electronic Bulletin no later than 5 calendar days after | 18 | | the contract is awarded. Notice of intent to extend an | 19 | | emergency contract shall be provided to the Procurement Policy | 20 | | Board and published in the online electronic Bulletin at least | 21 | | 14 calendar days before the public hearing. Notice shall | 22 | | include at least a description of the need for the emergency | 23 | | purchase, the contractor, and if applicable, the date, time, | 24 | | and location of the public hearing. A copy of this notice and | 25 | | all documents provided at the hearing shall be included in the | 26 | | subsequent Procurement Bulletin. Before the next appropriate |
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| 1 | | volume of the Illinois Procurement
Bulletin, the purchasing | 2 | | agency shall publish in the
Illinois Procurement Bulletin a | 3 | | copy of each written description
and reasons and the total cost
| 4 | | of each emergency procurement made during the previous month.
| 5 | | When only an estimate of the
total cost is known at the time of | 6 | | publication, the estimate shall
be identified as an estimate | 7 | | and
published. When the actual total cost is determined, it | 8 | | shall
also be published in like manner
before the 10th day of | 9 | | the next succeeding month.
| 10 | | (c) Affidavits. A chief procurement officer making a | 11 | | procurement
under this Section shall file
affidavits with the | 12 | | Procurement Policy Board and the Auditor General within
10 | 13 | | calendar days
after the procurement setting
forth the amount | 14 | | expended, the name of the contractor involved,
and the | 15 | | conditions and
circumstances requiring the emergency | 16 | | procurement. When only an
estimate of the cost is
available | 17 | | within 10 calendar days after the procurement, the actual cost
| 18 | | shall be reported immediately
after it is determined. At the | 19 | | end of each fiscal quarter, the
Auditor General shall file with | 20 | | the
Legislative Audit Commission and the Governor a complete | 21 | | listing
of all emergency
procurements reported during that | 22 | | fiscal quarter. The Legislative
Audit Commission shall
review | 23 | | the emergency procurements so reported and, in its annual
| 24 | | reports, advise the General
Assembly of procurements that | 25 | | appear to constitute an abuse of
this Section.
| 26 | | (d) Quick purchases. The chief procurement officer may |
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| 1 | | promulgate rules
extending the circumstances by which a | 2 | | purchasing agency may make purchases
under this Section, | 3 | | including but not limited to the procurement of items
available | 4 | | at a discount for a limited period of time.
| 5 | | (e) The changes to this Section made by this amendatory Act | 6 | | of the 96th General Assembly apply to procurements executed on | 7 | | or after its effective date.
| 8 | | (Source: P.A. 98-1076, eff. 1-1-15 .)
| 9 | | Section 99. Effective date. This Act takes effect upon | 10 | | becoming law.
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