|
|
||||
| Public Act 096-0584 |
||||
| ||||
| ||||
AN ACT concerning finance.
| ||||
Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
| ||||
Section 5. The Governmental Joint Purchasing Act is amended | ||||
by changing Sections 2, 3, and 4 as follows:
| ||||
(30 ILCS 525/2) (from Ch. 85, par. 1602)
| ||||
Sec. 2. Joint purchasing authority. | ||||
(a) Any governmental unit may purchase personal property, | ||||
supplies
and services jointly with one or more other | ||||
governmental units. All such joint
purchases shall be by | ||||
competitive bids as provided in Section 4 of this Act.
The | ||||
provisions of any other acts under which a governmental unit | ||||
operates which
refer to purchases and procedures in connection | ||||
therewith shall be superseded
by the provisions of this Act | ||||
when the governmental units are exercising the
joint powers | ||||
created by this Act.
| ||||
(a-5) The Department of Central Management Services may | ||||
purchase personal property, supplies, and services jointly | ||||
with a governmental entity of another state or with a | ||||
consortium of governmental entities of one or more other | ||||
states. Subject to provisions of the joint purchasing | ||||
solicitation, the Department of Central Management Services | ||||
may designate the resulting contract as available to | ||||
governmental units in Illinois. | ||
(b) Any not-for-profit agency that qualifies under Section | ||
45-35 of the Illinois Procurement Code 7-1 of the
Illinois | ||
Purchasing Act and that either (1) acts pursuant to a board
| ||
established by or controlled by a unit of local government or | ||
(2) receives
grant funds from the State or from a unit of local | ||
government, shall be
eligible to participate in contracts | ||
established by the State.
| ||
(Source: P.A. 87-960.)
| ||
(30 ILCS 525/3) (from Ch. 85, par. 1603)
| ||
Sec. 3. Conduct of bid-letting. Under any Any agreement of | ||
the governmental units that which desire to make joint
| ||
purchases pursuant to subsection (a) of Section 2, one of the | ||
governmental units shall conduct the letting of bids.
Where the | ||
State of Illinois is a party to the joint purchase agreement, | ||
the
Department of Central Management Services shall conduct the | ||
letting of
bids. Expenses of such bid-letting may be shared by | ||
the participating
governmental units in proportion to the | ||
amount of personal property,
supplies or services each unit | ||
purchases.
| ||
When the State of Illinois is a party to the joint
purchase | ||
agreement pursuant to subsection (a) of Section 2, the | ||
acceptance of bids shall be in
accordance with the Illinois | ||
Procurement Code and
rules promulgated under that Code. When | ||
the State of
Illinois is not a party to the joint purchase | ||
agreement, the
acceptance of bids shall be governed by the | ||
agreement.
| ||
When the State of Illinois is a party to a joint purchase | ||
agreement pursuant to subsection (a-5) of Section 2, the State | ||
may act as the lead state or as a participant state. When the | ||
State of Illinois is the lead state, all such joint purchases | ||
shall be conducted in accordance with the Illinois Procurement | ||
Code. When Illinois is a participant state, all such joint | ||
purchases shall be conducted in accordance with the procurement | ||
laws of the lead state; provided that all such joint | ||
procurements must be by competitive sealed bid. All resulting | ||
awards shall be published in the appropriate volume of the | ||
Illinois Procurement Bulletin as may be required by Illinois | ||
law governing publication of the solicitation, protest, and | ||
award of Illinois State contracts. Contracts resulting from a | ||
joint purchase shall contain all provisions required by | ||
Illinois law and rule. | ||
The personal
property, supplies or services involved shall | ||
be distributed or rendered
directly to each governmental unit | ||
taking part in the purchase. The person
selling the personal | ||
property, supplies or services may bill each
governmental unit | ||
separately for its proportionate share of the cost of the
| ||
personal property, supplies or services purchased.
| ||
The credit or liability of each governmental unit shall | ||
remain separate
and distinct. Disputes between bidders and | ||
governmental units shall be resolved
between the immediate | ||
parties.
| ||
(Source: P.A. 90-572, eff. date - See Sec. 99-5.)
| ||
(30 ILCS 525/4) (from Ch. 85, par. 1604)
| ||
Sec. 4. Bids. The purchases of all personal property, | ||
supplies and services under
this Act shall be based on | ||
competitive, sealed bids. For purchases pursuant to subsection | ||
(a) of Section 2, bids Bids shall be
solicited by public notice | ||
inserted at least once in a newspaper of general
circulation in | ||
one of the counties where the materials are to be used and
at | ||
least 5 calendar days before the final date of submitting bids. | ||
Where
the State of Illinois is a party to the joint purchase | ||
agreement, public
notice soliciting the bids shall be inserted | ||
in the appropriate volume of the Illinois Procurement Bulletin | ||
official newspaper of
the State. Such notice shall include a | ||
general description of the personal
property, supplies or | ||
services to be purchased and shall state where all
blanks and | ||
specifications may be obtained and the time and place for the
| ||
opening of bids. The governmental unit conducting the | ||
bid-letting may also
solicit sealed bids by sending requests by | ||
mail to prospective suppliers
and by posting notices on a | ||
public bulletin board in its office.
| ||
All purchases, orders or contracts shall be awarded to the | ||
lowest
responsible bidder, taking into consideration the | ||
qualities of the articles
or services supplied, their | ||
conformity with the specifications, their
suitability to the | ||
requirements of the participating governmental units and
the | ||
delivery terms.
| ||
Where the State of Illinois is not a party, all bids may be | ||
rejected and
new bids solicited if one or more of the | ||
participating governmental units
believes the public interest | ||
may be served thereby. Each bid, with the name
of the bidder, | ||
shall be entered on a record, which record with the
successful | ||
bid indicated thereon shall, after the award of the purchase or
| ||
order or contract, be open to public inspection. A copy of all | ||
contracts
shall be filed with the purchasing agent or clerk or | ||
secretary of each
participating governmental unit.
| ||
(Source: P.A. 76-641.)
| ||
Section 99. Effective date. This Act takes effect January | ||
1, 2010.
| ||