HR0862

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HOUSE RESOLUTION


 
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    WHEREAS, The Standard Procurement Rules promulgated to 
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implement the authority granted by the Illinois Procurement 
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Code provide that the policy of this State is to ensure that 
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all State procurements shall be accomplished in the most 
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economical, expeditious, and commercially reasonable manner, 
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uniformly and consistently among and within State agencies, so 
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as to facilitate participation in State procurements, 
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encourage competition, and ensure that procurements are 
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conducted in a fair and open manner; and

 
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    WHEREAS, The Illinois Department of Revenue issued a 
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request for proposals (RFP) from responsible vendors to meet 
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the State's long-term needs of a statewide 10-year Beverage 
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Vending and Pouring Program Contract to be awarded to a single 
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vendor; and

 
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    WHEREAS, Coca-Cola Bottling Company of Chicago, a 
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Coca-Cola Enterprises company, and PepsiAmericas, Inc., bid on 
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the FY 07 Beverage RFP #22011731; and

 
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    WHEREAS, Coca-Cola Bottling Company of Chicago submitted 
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questions and asked for clarification concerning the RFP to 
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State personnel serving with respect to the procurement 
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activity and was advised by that State personnel that the State 
 


 






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sent Coca-Cola a template with mistakes that the State would 
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correct and re-send to Coca-Cola for re-submission, that the 
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State would send a revised redraft of the proposed contract and 
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service level agreement to Coca-Cola, that the State would send 
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further volume data information that would help quantify the 
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contract opportunity, and that the State would contact 
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Coca-Cola at a later time and ask for Coca-Cola's best and 
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final pricing; and

 
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    WHEREAS, The Chief Procurement Officer and State personnel 
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serving with respect to the procurement activity failed to 
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provide Coca-Cola with the documents and information offered, 
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and did not ask Coca-Cola for its best and final pricing before 
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awarding the contract to PepsiAmericas without comparative 
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evaluation between vendors in the spirit of true competitive 
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bidding; and

 
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    WHEREAS, Based on current complaints, it appears that the 
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Chief Procurement Officer's activities were not in accordance 
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with the Standard Procurement Rules of the Illinois Procurement 
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Code or good procurement practices and that the contract is 
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otherwise not in the State's best interest; therefore, be it

 
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    RESOLVED, BY THE  HOUSE OF REPRESENTATIVES OF THE 
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NINETY-FIFTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that 
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the Auditor General is directed to conduct an audit of the 
 


 






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procurement practices in connection with the State's 
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multi-year beverage vending and pouring contract awarded to 
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PepsiAmericas, Inc., to determine whether good procurement 
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practices were exercised in accordance with applicable State 
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laws and rules; and be it further

 
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    RESOLVED, That the Auditor General is specifically 
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authorized to review, determine, and publicly report on whether 
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the Chief Procurement Officer's activities and decisions in 
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connection with this procurement were in the State's best 
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interest; and be it further
 
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    RESOLVED, That the Auditor General commence this audit as 
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soon as possible and report his findings and recommendations 
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upon completion in accordance with the provisions of the 
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Illinois State Auditing Act; and be it further
 
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    RESOLVED, That a copy of this resolution be delivered to 
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the Auditor General.