103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB4737

 

Introduced 2/6/2024, by Rep. Terra Costa Howard

 

SYNOPSIS AS INTRODUCED:
 
30 ILCS 525/4  from Ch. 85, par. 1604

    Amends the Governmental Joint Purchasing Act. Provides that a governmental unit may award contracts based on its own ranking of the offerors without regard to whether or not a cooperative purchasing program has ranked the offerors. Effective immediately.


LRB103 35707 HLH 65783 b

 

 

A BILL FOR

 

HB4737LRB103 35707 HLH 65783 b

1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Governmental Joint Purchasing Act is
5amended by changing Section 4 as follows:
 
6    (30 ILCS 525/4)  (from Ch. 85, par. 1604)
7    Sec. 4. Bids, offers, and small purchases. The purchases
8of all personal property, supplies and services under this
9Act, except for small purchases, shall be based on competitive
10solicitations unless, for purchases made pursuant to
11subsection (a) of Section 2 of this Act, it is the
12determination of the applicable chief procurement officer that
13it is impractical to obtain competition. Purchases pursuant to
14this Section shall follow the same procedures used for
15competitive solicitations made pursuant to the Illinois
16Procurement Code when the State is a party to the joint
17purchase. For purchases made pursuant to subsection (a) of
18Section 2 of this Act where the applicable chief procurement
19officer makes the determination that it is impractical to
20obtain competition, purchases shall either follow the same
21procedure used for sole source procurements in Section 20-25
22of the Illinois Procurement Code or the same procedure used
23for emergency purchases in Section 20-30 of the Illinois

 

 

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1Procurement Code. For purchases pursuant to subsection (a) of
2Section 2, bids and offers shall be solicited by public notice
3inserted at least once in a newspaper of general circulation
4in one of the counties where the materials are to be used and
5at least 5 calendar days before the final date of submitting
6bids or offers, except as otherwise provided in this Section.
7Where the State of Illinois is a party to the joint purchase
8agreement, public notice soliciting the bids or offers shall
9be published in the appropriate volume of the Illinois
10Procurement Bulletin. Such notice shall include a general
11description of the supplies or services to be purchased and
12shall state where specifications may be obtained and the time
13and place for the opening of bids and offers. The governmental
14unit conducting the competitive procurement process may also
15solicit sealed bids or offers by sending requests by mail to
16potential contractors and by posting notices on a public
17bulletin board in its office. Small purchases pursuant to this
18Section shall follow the same procedure used for small
19purchases in Section 20-20 of the Illinois Procurement Code.
20    All purchases, orders or contracts shall be awarded to the
21lowest responsible bidder or highest-ranked offeror, taking
22into consideration the qualities of the articles or services
23supplied, their conformity with the specifications, their
24suitability to the requirements of the participating
25governmental units and the delivery terms. A governmental unit
26may award contracts based on its own ranking of the offerors

 

 

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1without regard to whether or not a cooperative purchasing
2program has ranked the offerors.
3    Where the State of Illinois is not a party, all bids or
4offers may be rejected and new bids or offers solicited if one
5or more of the participating governmental units believes the
6public interest may be served thereby. Each bid or offer, with
7the name of the bidder or offeror, shall be entered on a
8record, which record with the successful bid or offer,
9indicated thereon shall, after the award of the purchase or
10order or contract, be open to public inspection. A copy of all
11contracts shall be filed with the purchasing office or clerk
12or secretary of each participating governmental unit.
13(Source: P.A. 100-43, eff. 8-9-17.)
 
14    Section 99. Effective date. This Act takes effect upon
15becoming law.