HB4205 EngrossedLRB098 16774 OMW 51843 b

1    AN ACT concerning finance.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Procurement Code is amended by
5changing Section 15-25 as follows:
 
6    (30 ILCS 500/15-25)
7    Sec. 15-25. Bulletin content.
8    (a) Invitations for bids. Notice of each and every contract
9that is offered, including renegotiated contracts and change
10orders, shall be published in the Bulletin, and all businesses
11listed on the Department of Transportation Disadvantaged
12Business Enterprise Directory, the Department of Central
13Management Services Business Enterprise Program and Small
14Business Vendors Directory, and the Capital Development
15Board's Directory of Certified Minority and Female Business
16Enterprises shall be furnished written instructions and
17information on how to register on each Procurement Bulletin
18maintained by the State. Such information shall be provided to
19each business within 30 days after the business' notice of
20certification. The applicable chief procurement officer may
21provide by rule an organized format for the publication of this
22information, but in any case it must include at least the date
23first offered, the date submission of offers is due, the

 

 

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1location that offers are to be submitted to, the purchasing
2State agency, the responsible State purchasing officer, a brief
3purchase description, the method of source selection,
4information of how to obtain a comprehensive purchase
5description and any disclosure and contract forms, and
6encouragement to prospective vendors to hire qualified
7veterans, as defined by Section 45-67 of this Code, and
8qualified Illinois minorities, women, persons with
9disabilities, and residents discharged from any Illinois adult
10correctional center.
11    (b) Contracts let. Notice of each and every contract that
12is let, including renegotiated contracts and change orders,
13shall be issued electronically to those bidders or offerors
14submitting responses to the solicitations, inclusive of the
15unsuccessful bidders, immediately upon contract let. Failure
16of any chief procurement officer to give such notice shall
17result in tolling the time for filing a bid protest up to 5
18business days. The apparent low bidder's award and all other
19bids from bidders responding to solicitations shall be posted
20on the agency's website the next business day.
21    (b-5) Contracts awarded. Notice of each and every contract
22that is awarded, including renegotiated contracts and change
23orders, shall be issued electronically to the successful
24responsible bidder or offeror, posted on the agency's website
25the next business day, and published in the next available
26subsequent Bulletin. The applicable chief procurement officer

 

 

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1may provide by rule an organized format for the publication of
2this information, but in any case it must include at least all
3of the information specified in subsection (a) as well as the
4name of the successful responsible bidder or offeror, the
5contract price, the number of unsuccessful responsive bidders,
6and any other disclosure specified in any Section of this Code.
7This notice must be posted in the online electronic Bulletin
8prior to execution of the contract.
9    (c) Emergency purchase disclosure. Any chief procurement
10officer or State purchasing officer exercising emergency
11purchase authority under this Code shall publish a written
12description and reasons and the total cost, if known, or an
13estimate if unknown and the name of the responsible chief
14procurement officer and State purchasing officer, and the
15business or person contracted with for all emergency purchases
16in the next timely, practicable Bulletin. This notice must be
17posted in the online electronic Bulletin no later than 3
18business days after the contract is awarded. Notice of a
19hearing to extend an emergency contract must be posted in the
20online electronic Procurement Bulletin no later than 5 business
21days prior to the hearing.
22    (c-5) Business Enterprise Program report. Each purchasing
23agency shall, with the assistance of the applicable chief
24procurement officer, post in the online electronic Bulletin a
25copy of its annual report of utilization of businesses owned by
26minorities, females, and persons with disabilities as

 

 

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1submitted to the Business Enterprise Council for Minorities,
2Females, and Persons with Disabilities pursuant to Section 6(c)
3of the Business Enterprise for Minorities, Females, and Persons
4with Disabilities Act within 10 business days after its
5submission of its report to the Council.
6    (c-10) Renewals. Notice of each contract renewal shall be
7posted in the online electronic Bulletin within 10 business
8days of the determination to renew the contract and the next
9available subsequent Bulletin. The notice shall include at
10least all of the information required in subsection (b).
11    (c-15) Sole source procurements. Before entering into a
12sole source contract, a chief procurement officer exercising
13sole source procurement authority under this Code shall publish
14a written description of intent to enter into a sole source
15contract along with a description of the item to be procured
16and the intended sole source contractor. This notice must be
17posted in the online electronic Procurement Bulletin before a
18sole source contract is awarded and at least 14 days before the
19hearing required by Section 20-25.
20    (d) Other required disclosure. The applicable chief
21procurement officer shall provide by rule for the organized
22publication of all other disclosure required in other Sections
23of this Code in a timely manner.
24    (e) The changes to subsections (b), (c), (c-5), (c-10), and
25(c-15) of this Section made by this amendatory Act of the 96th
26General Assembly apply to reports submitted, offers made, and

 

 

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1notices on contracts executed on or after its effective date.
2    (f) Each chief procurement officer shall, in consultation
3with the agencies under his or her jurisdiction, provide the
4Procurement Policy Board with the information and resources
5necessary, and in a manner, to effectuate the purpose of this
6amendatory Act of the 96th General Assembly.
7(Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793
8for the effective date of changes made by P.A. 96-795);
996-1444, eff. 8-20-10; 97-895, eff. 8-3-12.)
 
10    Section 99. Effective date. This Act takes effect upon
11becoming law.