Public Act 098-1038
 
HB4205 EnrolledLRB098 16774 OMW 51843 b

    AN ACT concerning finance.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Procurement Code is amended by
changing Section 15-25 as follows:
 
    (30 ILCS 500/15-25)
    Sec. 15-25. Bulletin content.
    (a) Invitations for bids. Notice of each and every contract
that is offered, including renegotiated contracts and change
orders, shall be published in the Bulletin, and all businesses
listed on the Department of Transportation Disadvantaged
Business Enterprise Directory, the Department of Central
Management Services Business Enterprise Program and Small
Business Vendors Directory, and the Capital Development
Board's Directory of Certified Minority and Female Business
Enterprises shall be furnished written instructions and
information on how to register on each Procurement Bulletin
maintained by the State. Such information shall be provided to
each business within 30 days after the business' notice of
certification. The applicable chief procurement officer may
provide by rule an organized format for the publication of this
information, but in any case it must include at least the date
first offered, the date submission of offers is due, the
location that offers are to be submitted to, the purchasing
State agency, the responsible State purchasing officer, a brief
purchase description, the method of source selection,
information of how to obtain a comprehensive purchase
description and any disclosure and contract forms, and
encouragement to prospective vendors to hire qualified
veterans, as defined by Section 45-67 of this Code, and
qualified Illinois minorities, women, persons with
disabilities, and residents discharged from any Illinois adult
correctional center.
    (b) Contracts let. Notice of each and every contract that
is let, including renegotiated contracts and change orders,
shall be issued electronically to those bidders or offerors
submitting responses to the solicitations, inclusive of the
unsuccessful bidders, immediately upon contract let. Failure
of any chief procurement officer to give such notice shall
result in tolling the time for filing a bid protest up to 5
business days. The apparent low bidder's award and all other
bids from bidders responding to solicitations shall be posted
on the agency's website the next business day.
    (b-5) Contracts awarded. Notice of each and every contract
that is awarded, including renegotiated contracts and change
orders, shall be issued electronically to the successful
responsible bidder or offeror, posted on the agency's website
the next business day, and published in the next available
subsequent Bulletin. The applicable chief procurement officer
may provide by rule an organized format for the publication of
this information, but in any case it must include at least all
of the information specified in subsection (a) as well as the
name of the successful responsible bidder or offeror, the
contract price, the number of unsuccessful responsive bidders,
and any other disclosure specified in any Section of this Code.
This notice must be posted in the online electronic Bulletin
prior to execution of the contract.
    (c) Emergency purchase disclosure. Any chief procurement
officer or State purchasing officer exercising emergency
purchase authority under this Code shall publish a written
description and reasons and the total cost, if known, or an
estimate if unknown and the name of the responsible chief
procurement officer and State purchasing officer, and the
business or person contracted with for all emergency purchases
in the next timely, practicable Bulletin. This notice must be
posted in the online electronic Bulletin no later than 3
business days after the contract is awarded. Notice of a
hearing to extend an emergency contract must be posted in the
online electronic Procurement Bulletin no later than 5 business
days prior to the hearing.
    (c-5) Business Enterprise Program report. Each purchasing
agency shall, with the assistance of the applicable chief
procurement officer, post in the online electronic Bulletin a
copy of its annual report of utilization of businesses owned by
minorities, females, and persons with disabilities as
submitted to the Business Enterprise Council for Minorities,
Females, and Persons with Disabilities pursuant to Section 6(c)
of the Business Enterprise for Minorities, Females, and Persons
with Disabilities Act within 10 business days after its
submission of its report to the Council.
    (c-10) Renewals. Notice of each contract renewal shall be
posted in the online electronic Bulletin within 10 business
days of the determination to renew the contract and the next
available subsequent Bulletin. The notice shall include at
least all of the information required in subsection (b).
    (c-15) Sole source procurements. Before entering into a
sole source contract, a chief procurement officer exercising
sole source procurement authority under this Code shall publish
a written description of intent to enter into a sole source
contract along with a description of the item to be procured
and the intended sole source contractor. This notice must be
posted in the online electronic Procurement Bulletin before a
sole source contract is awarded and at least 14 days before the
hearing required by Section 20-25.
    (d) Other required disclosure. The applicable chief
procurement officer shall provide by rule for the organized
publication of all other disclosure required in other Sections
of this Code in a timely manner.
    (e) The changes to subsections (b), (c), (c-5), (c-10), and
(c-15) of this Section made by this amendatory Act of the 96th
General Assembly apply to reports submitted, offers made, and
notices on contracts executed on or after its effective date.
    (f) Each chief procurement officer shall, in consultation
with the agencies under his or her jurisdiction, provide the
Procurement Policy Board with the information and resources
necessary, and in a manner, to effectuate the purpose of this
amendatory Act of the 96th General Assembly.
(Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793
for the effective date of changes made by P.A. 96-795);
96-1444, eff. 8-20-10; 97-895, eff. 8-3-12.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.