Rep. Terra Costa Howard

Filed: 3/15/2024

 

 


 

 


 
10300HB4737ham001LRB103 35707 HLH 71031 a

1
AMENDMENT TO HOUSE BILL 4737

2    AMENDMENT NO. ______. Amend House Bill 4737 by replacing
3everything after the enacting clause with the following:
 
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

 

 

10300HB4737ham001- 2 -LRB103 35707 HLH 71031 a

1purchase. For purchases made pursuant to subsection (a) of
2Section 2 of this Act where the applicable chief procurement
3officer makes the determination that it is impractical to
4obtain competition, purchases shall either follow the same
5procedure used for sole source procurements in Section 20-25
6of the Illinois Procurement Code or the same procedure used
7for emergency purchases in Section 20-30 of the Illinois
8Procurement Code. For purchases pursuant to subsection (a) of
9Section 2, bids and offers shall be solicited by public notice
10inserted at least once in a newspaper of general circulation
11in one of the counties where the materials are to be used and
12at least 5 calendar days before the final date of submitting
13bids or offers, except as otherwise provided in this Section.
14Where the State of Illinois is a party to the joint purchase
15agreement, public notice soliciting the bids or offers shall
16be published in the appropriate volume of the Illinois
17Procurement Bulletin. Such notice shall include a general
18description of the supplies or services to be purchased and
19shall state where specifications may be obtained and the time
20and place for the opening of bids and offers. The governmental
21unit conducting the competitive procurement process may also
22solicit sealed bids or offers by sending requests by mail to
23potential contractors and by posting notices on a public
24bulletin board in its office. Small purchases pursuant to this
25Section shall follow the same procedure used for small
26purchases in Section 20-20 of the Illinois Procurement Code.

 

 

10300HB4737ham001- 3 -LRB103 35707 HLH 71031 a

1    All purchases, orders or contracts shall be awarded to the
2lowest responsible bidder or highest-ranked offeror, as ranked
3by the cooperative purchasing program, or, if not ranked by
4the cooperative purchasing program then by the purchasing
5governmental unit, when the purchasing governmental unit
6determines that the selected contract best meets the
7governmental unit's needs, taking into consideration the
8qualities of the articles or services supplied, their
9conformity with the specifications, their suitability to the
10requirements of the participating governmental units and the
11delivery terms. A governmental unit may purchase a supply or
12service that is available on contracts from multiple
13contractors if the governmental unit determines that the
14selected contract best meets the governmental unit's needs.
15    Where the State of Illinois is not a party, all bids or
16offers may be rejected and new bids or offers solicited if one
17or more of the participating governmental units believes the
18public interest may be served thereby. Each bid or offer, with
19the name of the bidder or offeror, shall be entered on a
20record, which record with the successful bid or offer,
21indicated thereon shall, after the award of the purchase or
22order or contract, be open to public inspection. A copy of all
23contracts shall be filed with the purchasing office or clerk
24or secretary of each participating governmental unit.
25(Source: P.A. 100-43, eff. 8-9-17.)".