HB3070 102ND GENERAL ASSEMBLY

LRB102 16914 RJF 22326 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3070

Introduced 2/19/2021, by Rep. La Shawn K. Ford

SYNOPSIS AS INTRODUCED:

30 ILCS 500/20-170 new
30 ILCS 500/20-175 new
30 ILCS 500/20-180 new
30 ILCS 500/20-185 new

Amends the Illinois Procurement Code. Provides that a public institution of higher education may contract with any qualified source of supply, but shall use or consider, as applicable, specified special sources from which procurements may be made without competition. Provides requirements concerning public institution of higher education vendor lists. Provides for prequalification of potential public institution of higher education vendors. Provides that before making an award or approving a contract, the State purchasing officer must be satisfied that a prospective public institution of higher education vendor is responsible. Provides further requirements concerning vendor responsibility.

A BILL FOR

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 adding Sections 20-170, 20-175, 20-180, and 20-185 as follows:

(30 ILCS 500/20-170 new)

Sec. 20-170. University supplier. A public institution of higher education may contract with any qualified source of supply, but shall use or consider, as applicable, the following special sources, from which procurements may be made without competition:

(1) Correctional Industries in accordance as provided under Section 45-30.

(2) State and Federal Surplus Warehouses under the jurisdiction of the Department of Central Management Services. Section 7a of the State Property Control Act requires that surplus furniture be considered before any purchase of new furniture valued at $500 or more per piece.

(3) Not-for-profit agencies for persons with significant disabilities as provided under Section 45-35.

(4) State agencies and other governmental units described in paragraph (1) of subsection (b) of Section 1-10.

(5) Professional services companies that meet the following standards: (i) have existing State contracts; (ii) are qualified under the Business Enterprise Program; and (iii) meet the vender prequalification requirements specified under Section 20-180.

(30 ILCS 500/20-175 new)

Sec. 20-175. University vendor list.

(a) Each public institution of higher education may maintain a list of vendors who have expressed interest in contracting with the institution.

(b) Each public institution of higher education must create and maintain a preferred vendor list for each category of professional services.

(c) Each public institution of higher education must create and maintain a plan and a list that is presented to the appropriations committee of both the House of Representatives and the Senate in which each public institution of higher education awards 25% of prime vendor contracts and 25% of total contract spending to companies on the pre-approved list in accordance with the Business Enterprise Program.

(d) Each public institution of higher education must create a yearly plan for all professional services contracts by ethnicity and a quarterly utilization report by ethnicity that includes the amount of prime awards and actual moneys spent on Business Enterprise Program contracts.

(e) This vendor list created under this Section may be used to solicit for small purchases and emergency procurements, as well as to supplement Procurement Bulletin notices. Inclusion in any vendor list maintained by a public institution of higher education shall not be a requirement to be considered for future contracting opportunities.

(f) Each list of vendors for professional service contracts must include a company or companies that: (i) have existing State contracts; (ii) are qualified under the Business Enterprise Program; and (iii) meet the vender prequalification requirements specified under Section 20-180.

(30 ILCS 500/20-180 new)

Sec. 20-180. University vendor prequalification.

(a) The State purchasing officer may prequalify prospective vendors when determination of vendor qualifications or preliminary evaluation of supplies or services prior to solicitation would promote the effective conduct of procurement.

(b) The State purchasing officer shall identify by publication in the Procurement Bulletin the qualifications or categories of supplies and services (including professional and artistic services) for which vendors of those supplies and services may prequalify for a particular solicitation.

(c) Any opportunity to prequalify shall be announced in the Procurement Bulletin. The notice shall alert vendors that fail to participate in the prequalification process of the consequences.

(d) When prequalifying a vendor, the State purchasing officer may limit prequalification to particular matters, including, but not limited to, determining whether a vendor has been and is likely to be responsible or whether the vendor manufactures domestically.

(e) The fact that a prospective vendor has been prequalified generally does not necessarily represent a definitive finding of responsibility for a particular procurement.

(f) When prequalifying a vendor, the State purchasing officer may consider factors tailored to a specific procurement or type of procurement, which shall be announced in the prequalification notice in the Procurement Bulletin.

(g) Except in the case of professional and artistic services, distribution of and responses to a solicitation may be limited to prequalified vendors and award of a contract may be denied because a vendor was not prequalified. If eligibility for the procurement will be limited to prequalified vendors, the solicitation shall state that fact.

(h) The prequalification may provide that any vendor who completes prequalification may refer to that prequalification when submitting responses to solicitation or in other procurement situations, instead of submitting that same information with a response. This does not alleviate a vendor from providing updated certifications and other information as part of the prequalification process.

(30 ILCS 500/20-185 new)

Sec. 20-185. University vendor responsibility.

(a) Before making an award or approving a contract, the State purchasing officer must be satisfied the prospective bidder or offeror is responsible. If there is doubt about responsibility, and if a bond or other security would adequately protect the interests of the public institution of higher education, then that bidder or offeror may receive an award or contract upon receipt of the bond or other security.

(b) Factors to be considered in determining whether the standard of responsibility has been met include, but are not limited to, financial responsibility, insurability, effective equal opportunity compliance, payment of prevailing wages, if required by law, compliance with laws including goals and other preferences under this Code and the Business Enterprise for Minorities, Women, and Persons with Disabilities Act, capacity to produce or sources of supply, performance record in the business or industry, ability to provide required maintenance service and other matters relating to the bidder's or offeror's probable ability to deliver in the quality, and quantity, and within the time and price required under the contract, if it is awarded to the bidder or offeror. A bidder or offeror must be a legal entity prior to submitting the bid, offer, or proposal and authorized to transact business or conduct affairs in Illinois prior to execution of a contract.

(c) The public institution of higher education, in consultation with the State purchasing officer, may request information or conduct discussions with a bidder or offeror to determine in greater detail the bidder's or offeror's capability to perform and to determine prior compliance on State contracts with the standards of responsibility identified in subsection (b). This discussion is not for the purpose of determining whether one bidder's or offeror's product or service capability is superior to another. The prospective vendor shall supply information requested concerning the responsibility of such vendor. The public institution of higher education may supplement this information from other sources and may require additional documentation at any time in determining whether a vendors is responsible. If the vendor fails to supply the requested information or if in the performance of prior State contracts the vendor breached the standards of responsibility and failed to timely cure the deficiency, the State purchasing officer may disqualify the vendor or may base the determination of responsibility upon any available information.

(d) If a vendor who otherwise would have been awarded a contract is found non-responsible, a written determination of non-responsibility setting forth the basis of the finding shall be prepared by the university and approved by the State purchasing officer. The final determination shall be made part of the procurement file.

(e) Vendors that are newly formed business concerns having substantially the same owners, officers, directors, or beneficiaries as a previously existing vendor that has been determined not responsible or has been suspended or debarred will also be determined to be not responsible.