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|[ Introduced ]||[ House Amendment 001 ]|
90_HB0291eng 30 ILCS 505/6 from Ch. 127, par. 132.6 Amends the Illinois Purchasing Act. Increases from one year to 10 years the maximum period that a contractor may be suspended for violating competitive procurement procedures or failing to conform to contract specifications or delivery terms. Effective immediately. LRB9001427MWpc HB0291 Engrossed LRB9001427MWpc 1 AN ACT to amend the Illinois Purchasing Act by changing 2 Section 6. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Illinois Purchasing Act is amended by 6 changing Section 6 as follows: 7 (30 ILCS 505/6) (from Ch. 127, par. 132.6) 8 Sec. 6. State agency purchasing procedures. State 9 agencies may provide that prospective contractors be 10 prequalified to determine their responsibility, as required 11 by this Act. State agencies shall also provide, among other 12 matters which are not in conflict with the policies and 13 principles herein set forth: 14 a. That all purchases, contracts and expenditure of 15 funds shall be awarded pursuant to a competitive selection 16 procedure which may provide that contracts be awarded to the 17 lowest responsible bidder considering conformity with 18 specifications, terms of delivery, quality and 19 serviceability, except as provided in paragraphs e, f, g and 20 h of this Section. 21 However, a competitive selection procedure need not be 22 followed in the following cases: 23 (1) Where the goods or services to be procured are 24 economically procurable from only one source, such as 25 contracts for local exchange telephone service, 26 electrical energy, and other public utility services, 27 books, pamphlets and periodicals, and specially designed 28 business and research equipment and related supplies. 29 (2) Where the services required are for 30 professional or artistic skills pursuant to a written 31 contract. HB0291 Engrossed -2- LRB9001427MWpc 1 (3) In emergencies involving public health, public 2 safety, or where immediate expenditure is necessary for 3 repairs to State property in order to protect against 4 further loss of or damage to State property, to prevent 5 or minimize serious disruption in State services or to 6 insure the integrity of State records. 7 If funds are expended in an emergency under this 8 subdivision a(3), by purchase, contract, or otherwise, 9 the person authorizing the expenditure shall file an 10 affidavit with the Auditor General within 10 days after 11 the purchase or contract, setting forth the amount 12 expended, the name of the vendor or contractor, and the 13 circumstances requiring the emergency purchase. If only 14 an estimate of the cost is available at the time of 15 filing, the person authorizing the expenditure must 16 report the actual cost to the Auditor General as soon as 17 that cost is determined. 18 The Auditor General shall file with the Legislative 19 Audit Commission and the Governor, at the end of each 20 fiscal quarter, a complete listing of all emergency 21 purchases and contracts reported during that fiscal 22 quarter. The Legislative Audit Commission shall make a 23 thorough review of all emergency purchases so reported, 24 and in its annual report to the General Assembly the 25 Commission shall identify any emergency purchase that 26 appears to constitute an abuse of the authority granted 27 under this subdivision a(3). 28 (4) In case of expenditures for personal services 29 paid to employees or officers of a State agency. As used 30 in this paragraph, "personal services" has the meaning 31 ascribed to that term in Section 14 of the State Finance 32 Act. 33 (5) Contracts for repairs, maintenance, remodeling, 34 renovation, or construction of a single project involving HB0291 Engrossed -3- LRB9001427MWpc 1 an expenditure not to exceed $10,000 and not involving a 2 change or increase in the size, type or extent of an 3 existing facility. 4 (6) Contracts for repairs, maintenance, or any 5 other services not specifically exempt from a competitive 6 selection procedure under this Act where individual 7 orders for such services do not exceed $25,000. 8 (7) Purchases of commodities and equipment where 9 individual orders are less than $25,000. 10 (8) Contracts for the maintenance or servicing of, 11 or provision of repair parts for equipment which are made 12 with the manufacturers or authorized service agent of 13 that equipment where the provision of parts, maintenance 14 or servicing can best be performed by the manufacturer or 15 authorized service agent or such a contract would 16 otherwise be advantageous to the State, but the exception 17 provided in this sub-paragraph (8) does not apply to the 18 subdivisions of work listed in paragraph a-1-a of this 19 Section. 20 (9) Where the goods or services are procured from 21 another governmental agency. 22 (10) Purchases and contracts for the use, purchase, 23 delivery, movement or installation of data processing 24 equipment, software or services and telecommunications 25 and inter-connect equipment, software and services. 26 (11) Personal service contracts made by members, 27 officers, committees, or commissions of the General 28 Assembly. 29 (12) Any contract for duplicating machines and 30 supplies. 31 (13) Any contract for the purchase of natural gas 32 when the cost is less than that offered by a public 33 utility. 34 (14) Any contract for State Lottery tickets or HB0291 Engrossed -4- LRB9001427MWpc 1 shares or for other State Lottery game related services. 2 (15) Purchases of and contracts for office 3 equipment and associated supplies when such contracts 4 provide for prices that are equal to or lower than 5 Federal General Services Administration contracts and 6 when such contracts or pricing result in economical 7 advantage to the State. 8 (16) Purchases and contracts by the Department of 9 State Police for the use, purchase or installation of 10 forensic science laboratory analytical equipment and 11 analytical data processing equipment used for forensic 12 science laboratory purposes only, including equipment 13 which is microprocessor controlled or controllable, and 14 its software. Prior to the purchase of or contract for 15 such equipment, the Director of the Department of State 16 Police shall certify to the Comptroller and the Auditor 17 General that such equipment is necessary and an integral 18 component of the Department of State Police's statutory 19 investigatory duties and that competitive bidding will 20 hamper such statutory duties. Such certification shall 21 include the prices of and specifications of the equipment 22 to be purchased or contracted for and the prices, 23 specifications and reasons for rejection of comparative 24 equipment by the Department of State Police. The 25 Comptroller shall file such certification with any 26 purchase vouchers or files maintained for the purchase. 27 The Auditor General shall require such certification to 28 be noted in audits performed at his direction. 29 (17) Purchases and contracts by the Department of 30 Nuclear Safety for the use, purchase or installation of 31 radiochemistry laboratory equipment, instruments and 32 equipment used to detect radiation or radioactivity, and 33 data processing equipment used for purposes of detecting 34 radiation or radioactivity. Prior to the purchase of or HB0291 Engrossed -5- LRB9001427MWpc 1 contract for such equipment, the Director of the 2 Department of Nuclear Safety shall certify to the 3 Comptroller that such equipment is necessary and an 4 integral component of the Department of Nuclear Safety's 5 emergency response or radiation monitoring programs and 6 that competitive bidding will hamper such programs. Such 7 certification shall include the prices of and 8 specifications of the equipment to be purchased or 9 contracted for and the prices, specifications and reasons 10 for rejection of comparable equipment by the Department 11 of Nuclear Safety. The Comptroller shall file such 12 certification with any purchase vouchers or files 13 maintained for the purchase. 14 a-1. In case of contracts for the construction of 15 buildings, or for other construction work in or about 16 buildings and grounds, where the entire estimated cost of 17 such work exceeds $25,000, State agencies may provide that 18 prospective contractors, as well as architects and engineers 19 employed in connection with such projects, be prequalified to 20 determine their responsibility. Such prequalification may 21 require, without limitation, that the applicant for 22 prequalification list all public works contracts he has 23 performed within 2 years of the date of application, or the 4 24 most recent public works contracts he has performed, 25 whichever is fewer, and state whether he complied with the 26 Illinois Wage Assignment Act in performing such contracts. 27 Such statement shall be made under oath or affirmation and if 28 made falsely is punishable as perjury under Section 32-2 of 29 the Criminal Code of 1961. 30 a-1-a. Separate specifications shall be prepared, with 31 the exception of the Cardinal Creek Housing project and 2 32 grade schools associated with the Scott Joint-Use Airport in 33 St. Clair County which shall be permitted, as a one-time 34 exclusion, to allow turn-key development of the required HB0291 Engrossed -6- LRB9001427MWpc 1 facilities on the basis of competitive quality, performance, 2 and price, for all equipment, labor and materials in 3 connection with the following 5 subdivisions of the work to 4 be performed: 5 1. Plumbing. 6 2. Heating, piping, refrigeration and automatic 7 temperature control systems, including the testing and 8 balancing of such systems. 9 3. Ventilating and distribution systems for 10 conditioned air, including the testing and balancing of 11 such systems. 12 4. Electric wiring. 13 5. General contract work. 14 Such specifications shall be so drawn as to permit 15 separate and independent competitive bidding upon each of the 16 above 5 subdivisions of work; provided, however, if the total 17 estimated cost of all such work is less than $250,000, 18 separate and independent specifications are not required. 19 All contracts awarded for any part thereof shall award the 5 20 subdivisions of such work separately to responsible and 21 reliable persons, firms or corporations engaged in these 22 classes of work. Such contracts, at the discretion of the 23 awarding authority, may be assigned to the successful bidder 24 on the general contract work, or to the successful bidder on 25 the subdivision of work designated by the awarding authority 26 prior to competitive bidding as the prime subdivision of 27 work; provided that all payments will be made directly to the 28 contractors for the 5 subdivisions of such work upon 29 compliance with the conditions of the contract. A contract 30 may be let for one or more buildings in any project to the 31 same contractor. The specifications shall require, however, 32 that unless the buildings are identical, a separate price 33 shall be submitted for each building. The contract may be 34 awarded to the lowest responsible bidder for each or all of HB0291 Engrossed -7- LRB9001427MWpc 1 the buildings included in the specifications. 2 As used in this subdivision a-1-a, "competitive bidding" 3 means bidding in which (i) bids are publicly solicited and 4 opened, (ii) the terms and conditions of the solicitation and 5 the bidding process apply equally to all bidders, (iii) bids 6 are awarded to the lowest responsive responsible bidder, and 7 (iv) the procedures used and imposed by the agency conform to 8 any applicable agency rules. A solicitation for bids may not 9 impose restrictions on source, supplier, or manufacturer, 10 except as otherwise provided in this Section. Competitive 11 bidding constitutes a competitive selection procedure for the 12 purposes of this Act. 13 Whenever any contract entered into by a State agency for 14 the repair, remodeling, renovation or construction of a 15 building or structure or for the construction or maintenance 16 of a highway, as those terms are defined in Article 2 of the 17 Illinois Highway Code, or for the reclamation of abandoned 18 lands as those terms are defined in Article I of the 19 Abandoned Mined Lands and Water Reclamation Act, provides for 20 retention of a percentage of the contract price until final 21 completion and acceptance of the work, upon the request of 22 the contractor and with the approval of the State agency the 23 amount so retained may be deposited under a trust agreement 24 with an Illinois bank of the contractor's choice and subject 25 to the approval of the State agency. The contractor shall 26 receive any interest thereon. Upon application by the 27 contractor, the trust agreement must contain, as a minimum, 28 the following provisions: 29 A. the amount to be deposited subject to the trust; 30 B. the terms and conditions of payment in case of 31 default of the contractor; 32 C. the termination of the trust agreement upon 33 completion of the contract; and 34 D. the contractor shall be responsible for HB0291 Engrossed -8- LRB9001427MWpc 1 obtaining the written consent of the bank trustee, and 2 any costs or service fees shall be borne by the 3 contractor. 4 The trust agreement may, at the discretion of the State 5 agency and upon request of the contractor, become operative 6 at the time of the first partial payment in accordance with 7 existing statutes and the State agency procedures. 8 a-2. In case of contracts for the purchase of supplies, 9 materials, commodities and equipment, wherever feasible 10 proposals shall be required to be itemized as to kind and the 11 solicitation for proposals shall state, with such degree of 12 particularity as the nature of the case permits, the quantity 13 of each item required. 14 a-3. That all contracts for the rental or lease of 15 electronic data processing equipment shall include a clause 16 that if more favorable terms are granted by the lessor, 17 supplier, dealer, or manufacturer to any similar state or 18 local governmental agency in any state in contemporaneous 19 leases or rental agreements covering data processing 20 equipment let under the same or similar financial terms and 21 circumstances, the more favorable terms shall be applicable 22 to all agreements or contracts made by any similar Illinois 23 state agency for the rental or lease of comparable data 24 processing equipment from the lessor, supplier, dealer, or 25 manufacturer. 26 b. That competitive procurement procedures shall be in 27 conformance with accepted business practices. 28 c. That proposals shall be publicly opened at the day 29 and hour and at the place specified in the solicitations. 30 d. That any contractor, person, or business may be 31 suspended for up to 5 years
not more than one yearfor 32 violation of the competitive procurement procedure or rules 33 of any State agency, orfor failure to conform to 34 specifications or terms of delivery, or for any act involving HB0291 Engrossed -9- LRB9001427MWpc 1 the procurement or performance of any public contract that is 2 indicative of a lack of business integrity and honesty. No 3 State agency shall enter into or approve a contract with a 4 suspended contractor, person, or business; or shall approve 5 any subcontract, material supply agreement, equipment lease, 6 or other business involvement with or by any suspended 7 contractor, person, or business in connection with a contract 8 entered into or approved by the Agency during the period of 9 suspension. 10 e. When a public contract is to be awarded under 11 competitive selection procedures, a resident contractor must 12 be allowed a preference as against a non-resident bidder from 13 any state which gives or requires a preference to contractors 14 from that state. The preference is to be equal to the 15 preference given or required by the state of the non-resident 16 contractor. Further, if only non-resident contractors are 17 under consideration, the purchasing agency is within its 18 right to specify that Illinois labor and manufacturing 19 locations be used as a part of the manufacturing process, if 20 applicable. This specification may be negotiated, as part of 21 the solicitation process. 22 f. "Resident contractor" as used in this Section means a 23 person authorized to transact business in this State and 24 having a bona fide establishment for transacting business 25 within this State at which it was actually transacting 26 business on the date when any competitive solicitation for a 27 public contract is first advertised or announced, including a 28 foreign corporation duly authorized to transact business in 29 this State which has a bona fide establishment for 30 transacting business within this State at which it was 31 actually transacting business on the date when any 32 competitive solicitation for a public contract is first 33 advertised or announced. 34 g. Paragraphs e and f of this Section do not apply to HB0291 Engrossed -10- LRB9001427MWpc 1 any contract for any project as to which federal funds are 2 available for expenditure when such paragraphs may be in 3 conflict with federal law or federal regulation. 4 h. When a public contract is to be awarded under 5 competitive procurement procedures, an otherwise qualified 6 bidder who will fulfill the contract through the use of 7 products made of recycled materials may, on a pilot basis or 8 pursuant to a pilot study, be given preference over other 9 contractors unable to do so, provided that the cost included 10 in the proposal of products made of recycled materials is not 11 more than 10% greater than the cost of such products not made 12 of recycled materials. 13 i. That every contract for the provision of goods or 14 services shall provide that the vendor or contractor shall 15 maintain, for a minimum of 5 years after the completion of 16 the contract, adequate books, records, and supporting 17 documents to verify the amounts, recipients, and uses of all 18 disbursements of funds passing in conjunction with the 19 contract; that the contract and all books, records, and 20 supporting documents related to the contract shall be 21 available for review and audit by the Auditor General; and 22 that the contractor agrees to cooperate fully with any audit 23 conducted by the Auditor General and to provide full access 24 to all relevant materials. Failure to maintain the books, 25 records, and supporting documents required by this Section 26 shall establish a presumption in favor of the State for the 27 recovery of any funds paid by the State under the contract 28 for which adequate books, records, and supporting 29 documentation are not available to support their purported 30 disbursement. 31 j. A contract or expenditure that was made after June 32 30, 1992 and before the effective date of this amendatory Act 33 of 1995 shall not become invalid or be otherwise affected by 34 the changes to subdivision a-1-a of this Section made by this HB0291 Engrossed -11- LRB9001427MWpc 1 amendatory Act of 1995. 2 (Source: P.A. 88-45; 89-254, eff. 8-8-95.) 3 Section 99. Effective date. This Act takes effect upon 4 becoming law.
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