Sen. Ram Villivalam
Filed: 3/7/2023
 
 

 

 

 
10300SB2192sam002LRB103 25677 DTM 58784 a



1
AMENDMENT TO SENATE BILL 2192




2    AMENDMENT NO. ______. Amend Senate Bill 2192 by replacing 
3everything after the enacting clause with the following:

 
 
4    "Section 5. The Illinois Procurement Code is amended  by 
5changing Section 20-10 as follows:
 

6    (30 ILCS 500/20-10)

   
7    (Text of Section from P.A. 96-159, 96-588, 97-96, 97-895, 
898-1076, 99-906, 100-43, 101-31, 101-657, and 102-29)
9    Sec. 20-10. Competitive sealed bidding; reverse auction. 

10    (a) Conditions for use.  All contracts shall be awarded by

11competitive sealed bidding
except as otherwise provided in 
12Section 20-5.

13    (b) Invitation for bids.  An invitation for bids shall be

14issued and shall include a
purchase description and the 
15material contractual terms and
conditions applicable to the

16procurement.

 
 
10300SB2192sam002- 2 -LRB103 25677 DTM 58784 a

1    (c) Public notice.  Public notice of the invitation for 
2bids shall be
published in the Illinois Procurement Bulletin 
3at least 14 calendar days before the date
set in the invitation 
4for the opening of bids.

5    (d) Bid opening.  Bids shall be opened publicly or through 
6an electronic procurement system in the
presence of one or 
7more witnesses
at the time and place designated in the 
8invitation for bids.  The
name of each bidder, including earned 
9and applied bid credit from the Illinois Works Jobs Program 
10Act, the amount
of each bid, and other relevant information as 
11may be specified by
rule shall be
recorded.  After the award of 
12the contract, the winning bid and the
record of each 
13unsuccessful bid shall be open to
public inspection.

14    (e) Bid acceptance and bid evaluation.  Bids shall be

15unconditionally accepted without
alteration or correction, 
16except as authorized in this Code.  Bids
shall be evaluated 
17based on the
requirements set forth in the invitation for 
18bids, which may
include criteria to determine
acceptability 
19such as inspection, testing, quality, workmanship,
delivery, 
20and suitability for a
particular purpose.  Those criteria that 
21will affect the bid price and be considered in evaluation
for 
22award, such as discounts, transportation costs, and total or

23life cycle costs, shall be
objectively measurable. The 
24invitation for bids shall set forth
the evaluation criteria to 
25be used.

26    (f) Correction or withdrawal of bids. Correction or

 
 
10300SB2192sam002- 3 -LRB103 25677 DTM 58784 a

1withdrawal of inadvertently
erroneous bids before or after 
2award, or cancellation of awards of
contracts based on bid

3mistakes, shall be permitted in accordance with rules.
 After 
4bid opening, no
changes in bid prices or other provisions of 
5bids prejudicial to
the interest of the State or fair

6competition shall be permitted.  All decisions to permit the

7correction or withdrawal of bids
based on bid mistakes shall 
8be supported by written determination
made by a State 
9purchasing officer.

10    (g) Award.  The contract shall be awarded with reasonable

11promptness by written notice
to the lowest responsible and 
12responsive bidder whose bid meets
the requirements and 
13criteria
set forth in the invitation for bids, except when a 
14State purchasing officer
determines it is not in the best 
15interest of the State and by written
explanation determines 
16another bidder shall receive the award.  The explanation
shall 
17appear in the appropriate volume of the Illinois Procurement 
18Bulletin. The written explanation must include:

19        (1) a description of the agency's needs; 
20        (2) a determination that the anticipated cost will be 
21    fair and reasonable;
22        (3) a listing of all responsible and responsive 
23    bidders; and
24        (4) the name of the bidder selected, the total 
25    contract price, and the reasons for selecting that bidder.
26    Each chief procurement officer may adopt guidelines  to 
 
 
10300SB2192sam002- 4 -LRB103 25677 DTM 58784 a

1implement the requirements of this subsection (g).
2    The written explanation shall be filed with the 
3Legislative Audit Commission, and the Commission on Equity and 
4Inclusion, and the Procurement Policy Board, and be made 
5available for inspection by the public, within 14 calendar 
6days after the agency's decision to award the contract.
7    (g-5) Failed bid notice. In addition to the requirements 
8of subsection (g), if a bidder has failed to be awarded a 
9contract after 4 consecutive bids to provide the same services 
10to the Department of Transportation, the  Capital Development 
11Board,   or the Illinois State Toll Highway Authority, the 
12applicable chief procurement officer for the respective agency 
13shall in writing detail why all 4 bids were rejected. The chief 
14procurement officer shall submit by certified copy to the 
15bidder the reasoning for the rejection of the bid within the 
16same calendar quarter in which the fourth bid was rejected and 
17prior to 15 days before the next Illinois Procurement Bulletin 
18for that type of bid. 
19    (h) Multi-step sealed bidding.  When it is considered

20impracticable to initially prepare
a purchase description to 
21support an award based on price, an
invitation for bids may be 
22issued
requesting the submission of unpriced offers to be 
23followed by an
invitation for bids limited to
those bidders 
24whose offers have been qualified under the criteria
set forth 
25in the first solicitation.

26    (i) Alternative procedures. Notwithstanding any other 
 
 
10300SB2192sam002- 5 -LRB103 25677 DTM 58784 a

1provision of this Act to the contrary, the Director of the 
2Illinois Power Agency may create alternative bidding 
3procedures to be used in procuring professional services under 
4Section 1-56, subsections (a) and (c) of Section 1-75 and 
5subsection (d) of Section 1-78 of the Illinois Power Agency 
6Act and Section 16-111.5(c) of the Public Utilities Act and to 
7procure renewable energy resources under Section 1-56 of the 
8Illinois Power Agency Act.  These alternative procedures shall 
9be set forth together with the other criteria contained in the 
10invitation for bids, and shall appear in the appropriate 
11volume of the Illinois Procurement Bulletin.

12    (j) Reverse auction.  Notwithstanding any other provision 
13of this Section and in accordance with rules adopted by the 
14chief procurement officer, that chief procurement officer may 
15procure supplies or services through a competitive electronic 
16auction bidding process after the chief procurement officer 
17determines that the use of such a process will be in the best 
18interest of the State. The chief procurement officer shall 
19publish that determination in his or her next volume of the 
20Illinois Procurement Bulletin.
21    An invitation for bids shall be issued and shall include 
22(i) a procurement description, (ii) all contractual terms, 
23whenever practical, and (iii) conditions applicable to the 
24procurement, including a notice that bids will be received in 
25an electronic auction manner.
26    Public notice of the invitation for bids shall be given in 
 
 
10300SB2192sam002- 6 -LRB103 25677 DTM 58784 a

1the same manner as provided in subsection (c).
2    Bids shall be accepted electronically at the time and in 
3the manner designated in the invitation for bids. During the 
4auction, a bidder's price shall be disclosed to other bidders. 
5Bidders shall have the opportunity to reduce their bid prices 
6during the auction. At the conclusion of the auction, the 
7record of the bid prices received and the name of each bidder 
8shall be open to public inspection.
9    After the auction period has terminated, withdrawal of 
10bids shall be permitted as provided in subsection (f).
11    The contract shall be awarded within 60 calendar days 
12after the auction by written notice to the  lowest responsible 
13bidder, or all bids shall be rejected except as otherwise 
14provided in this Code. Extensions of the date for the award may 
15be made by mutual written consent of the State purchasing 
16officer and the lowest responsible bidder.
17    This subsection does not apply to (i) procurements of 
18professional and artistic services, (ii) telecommunications 
19services, communication services, and information services, 
20and (iii) contracts for construction projects, including 
21design professional services. 
22(Source: P.A. 100-43, eff. 8-9-17; 101-31, eff. 6-28-19; 
23101-657, eff. 1-1-22; 102-29, eff. 6-25-21.)

 
24    (Text of Section from P.A. 96-159, 96-795, 97-96, 97-895, 
2598-1076, 99-906, 100-43, 101-31, 101-657, and 102-29)
  
 
 
10300SB2192sam002- 7 -LRB103 25677 DTM 58784 a

1    Sec. 20-10. Competitive sealed bidding; reverse auction. 

2    (a) Conditions for use.  All contracts shall be awarded by

3competitive sealed bidding
except as otherwise provided in 
4Section 20-5.

5    (b) Invitation for bids.  An invitation for bids shall be

6issued and shall include a
purchase description and the 
7material contractual terms and
conditions applicable to the

8procurement.

9    (c) Public notice.  Public notice of the invitation for 
10bids shall be
published in the Illinois Procurement Bulletin 
11at least 14 calendar days before the date
set in the invitation 
12for the opening of bids.

13    (d) Bid opening.  Bids shall be opened publicly or through 
14an electronic procurement system in the
presence of one or 
15more witnesses
at the time and place designated in the 
16invitation for bids.  The
name of each bidder, including earned 
17and applied bid credit from the Illinois Works Jobs Program 
18Act, the amount
of each bid, and other relevant information as 
19may be specified by
rule shall be
recorded.  After the award of 
20the contract, the winning bid and the
record of each 
21unsuccessful bid shall be open to
public inspection.

22    (e) Bid acceptance and bid evaluation.  Bids shall be

23unconditionally accepted without
alteration or correction, 
24except as authorized in this Code.  Bids
shall be evaluated 
25based on the
requirements set forth in the invitation for 
26bids, which may
include criteria to determine
acceptability 
 
 
10300SB2192sam002- 8 -LRB103 25677 DTM 58784 a

1such as inspection, testing, quality, workmanship,
delivery, 
2and suitability for a
particular purpose.  Those criteria that 
3will affect the bid price and be considered in evaluation
for 
4award, such as discounts, transportation costs, and total or

5life cycle costs, shall be
objectively measurable. The 
6invitation for bids shall set forth
the evaluation criteria to 
7be used.

8    (f) Correction or withdrawal of bids. Correction or

9withdrawal of inadvertently
erroneous bids before or after 
10award, or cancellation of awards of
contracts based on bid

11mistakes, shall be permitted in accordance with rules.
 After 
12bid opening, no
changes in bid prices or other provisions of 
13bids prejudicial to
the interest of the State or fair

14competition shall be permitted.  All decisions to permit the

15correction or withdrawal of bids
based on bid mistakes shall 
16be supported by written determination
made by a State 
17purchasing officer.

18    (g) Award.  The contract shall be awarded with reasonable

19promptness by written notice
to the lowest responsible and 
20responsive bidder whose bid meets
the requirements and 
21criteria
set forth in the invitation for bids, except when a 
22State purchasing officer
determines it is not in the best 
23interest of the State and by written
explanation determines 
24another bidder shall receive the award.  The explanation
shall 
25appear in the appropriate volume of the Illinois Procurement 
26Bulletin. The written explanation must include:

 
 
10300SB2192sam002- 9 -LRB103 25677 DTM 58784 a

1        (1) a description of the agency's needs; 
2        (2) a determination that the anticipated cost will be 
3    fair and reasonable;
4        (3) a listing of all responsible and responsive 
5    bidders; and
6        (4) the name of the bidder selected, the total 
7    contract price, and the reasons for selecting that bidder.
8    Each chief procurement officer may adopt guidelines  to 
9implement the requirements of this subsection (g).
10    The written explanation shall be filed with the 
11Legislative Audit Commission, and the Commission on Equity and 
12Inclusion, and the Procurement Policy Board, and be made 
13available for inspection by the public, within 14 days after 
14the agency's decision to award the contract.
15    (g-5) Failed bid notice. In addition to the requirements 
16of subsection (g), if a bidder has failed to be awarded a 
17contract after 4 consecutive bids to provide the same services 
18to   the Department of Transportation, the  Capital Development 
19Board,   or the Illinois State Toll Highway Authority, the 
20applicable chief procurement officer for the respective agency 
21shall in writing detail why all 4 bids were rejected. The chief 
22procurement officer shall submit by certified copy to the 
23bidder the reasoning for the rejection of the bid within the 
24same calendar quarter in which the fourth bid was rejected and 
25prior to 15 days before the next Illinois Procurement Bulletin 
26for that type of bid. 
 
 
10300SB2192sam002- 10 -LRB103 25677 DTM 58784 a

1    (h) Multi-step sealed bidding.  When it is considered

2impracticable to initially prepare
a purchase description to 
3support an award based on price, an
invitation for bids may be 
4issued
requesting the submission of unpriced offers to be 
5followed by an
invitation for bids limited to
those bidders 
6whose offers have been qualified under the criteria
set forth 
7in the first solicitation.

8    (i) Alternative procedures. Notwithstanding any other 
9provision of this Act to the contrary, the Director of the 
10Illinois Power Agency may create alternative bidding 
11procedures to be used in procuring professional services under 
12subsections (a) and (c) of Section 1-75 and subsection (d) of 
13Section 1-78 of the Illinois Power Agency Act and Section 
1416-111.5(c) of the Public Utilities Act and to procure 
15renewable energy resources under Section 1-56 of the Illinois 
16Power Agency Act.  These alternative procedures shall be set 
17forth together with the other criteria contained in the 
18invitation for bids, and shall appear in the appropriate 
19volume of the Illinois Procurement Bulletin.

20    (j) Reverse auction.  Notwithstanding any other provision 
21of this Section and in accordance with rules adopted by the 
22chief procurement officer, that chief procurement officer may 
23procure supplies or services through a competitive electronic 
24auction bidding process after the chief procurement officer 
25determines that the use of such a process will be in the best 
26interest of the State. The chief procurement officer shall 
 
 
10300SB2192sam002- 11 -LRB103 25677 DTM 58784 a

1publish that determination in his or her next volume of the 
2Illinois Procurement Bulletin.
3    An invitation for bids shall be issued and shall include 
4(i) a procurement description, (ii) all contractual terms, 
5whenever practical, and (iii) conditions applicable to the 
6procurement, including a notice that bids will be received in 
7an electronic auction manner.
8    Public notice of the invitation for bids shall be given in 
9the same manner as provided in subsection (c).
10    Bids shall be accepted electronically at the time and in 
11the manner designated in the invitation for bids. During the 
12auction, a bidder's price shall be disclosed to other bidders. 
13Bidders shall have the opportunity to reduce their bid prices 
14during the auction. At the conclusion of the auction, the 
15record of the bid prices received and the name of each bidder 
16shall be open to public inspection.
17    After the auction period has terminated, withdrawal of 
18bids shall be permitted as provided in subsection (f).
19    The contract shall be awarded within 60 calendar days 
20after the auction by written notice to the  lowest responsible 
21bidder, or all bids shall be rejected except as otherwise 
22provided in this Code. Extensions of the date for the award may 
23be made by mutual written consent of the State purchasing 
24officer and the lowest responsible bidder.
25    This subsection does not apply to (i) procurements of 
26professional and artistic services, (ii) telecommunications 
 
 
10300SB2192sam002- 12 -LRB103 25677 DTM 58784 a

1services, communication services, and information services,


2and (iii) contracts for construction projects, including 
3design professional services. 
4(Source: P.A. 101-31, eff. 6-28-19; 101-657, eff. 1-1-22; 
5102-29, eff. 6-25-21.)".