Sen. Ram Villivalam

Filed: 3/7/2023

 

 


 

 


 
10300SB2192sam001LRB103 25677 DTM 58678 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.

 

 

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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

 

 

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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

 

 

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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 Innovation and Technology, the Department
11of Transportation, the Capital Development Board, or the
12Illinois State Toll Highway Authority, the applicable chief
13procurement officer for the respective agency shall in writing
14detail why all 4 bids were rejected. The chief procurement
15officer shall submit by certified copy to the bidder the
16reasoning for the rejection of the bid within the same
17calendar quarter in which the fourth bid was rejected and
18prior to 15 days before the next Illinois Procurement Bulletin
19for that type of bid.
20    (h) Multi-step sealed bidding. When it is considered
21impracticable to initially prepare a purchase description to
22support an award based on price, an invitation for bids may be
23issued requesting the submission of unpriced offers to be
24followed by an invitation for bids limited to those bidders
25whose offers have been qualified under the criteria set forth
26in the first solicitation.

 

 

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1    (i) Alternative procedures. Notwithstanding any other
2provision of this Act to the contrary, the Director of the
3Illinois Power Agency may create alternative bidding
4procedures to be used in procuring professional services under
5Section 1-56, subsections (a) and (c) of Section 1-75 and
6subsection (d) of Section 1-78 of the Illinois Power Agency
7Act and Section 16-111.5(c) of the Public Utilities Act and to
8procure renewable energy resources under Section 1-56 of the
9Illinois Power Agency Act. These alternative procedures shall
10be set forth together with the other criteria contained in the
11invitation for bids, and shall appear in the appropriate
12volume of the Illinois Procurement Bulletin.
13    (j) Reverse auction. Notwithstanding any other provision
14of this Section and in accordance with rules adopted by the
15chief procurement officer, that chief procurement officer may
16procure supplies or services through a competitive electronic
17auction bidding process after the chief procurement officer
18determines that the use of such a process will be in the best
19interest of the State. The chief procurement officer shall
20publish that determination in his or her next volume of the
21Illinois Procurement Bulletin.
22    An invitation for bids shall be issued and shall include
23(i) a procurement description, (ii) all contractual terms,
24whenever practical, and (iii) conditions applicable to the
25procurement, including a notice that bids will be received in
26an electronic auction manner.

 

 

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1    Public notice of the invitation for bids shall be given in
2the same manner as provided in subsection (c).
3    Bids shall be accepted electronically at the time and in
4the manner designated in the invitation for bids. During the
5auction, a bidder's price shall be disclosed to other bidders.
6Bidders shall have the opportunity to reduce their bid prices
7during the auction. At the conclusion of the auction, the
8record of the bid prices received and the name of each bidder
9shall be open to public inspection.
10    After the auction period has terminated, withdrawal of
11bids shall be permitted as provided in subsection (f).
12    The contract shall be awarded within 60 calendar days
13after the auction by written notice to the lowest responsible
14bidder, or all bids shall be rejected except as otherwise
15provided in this Code. Extensions of the date for the award may
16be made by mutual written consent of the State purchasing
17officer and the lowest responsible bidder.
18    This subsection does not apply to (i) procurements of
19professional and artistic services, (ii) telecommunications
20services, communication services, and information services,
21and (iii) contracts for construction projects, including
22design professional services.
23(Source: P.A. 100-43, eff. 8-9-17; 101-31, eff. 6-28-19;
24101-657, eff. 1-1-22; 102-29, eff. 6-25-21.)
 
25    (Text of Section from P.A. 96-159, 96-795, 97-96, 97-895,

 

 

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198-1076, 99-906, 100-43, 101-31, 101-657, and 102-29)
2    Sec. 20-10. Competitive sealed bidding; reverse auction.
3    (a) Conditions for use. All contracts shall be awarded by
4competitive sealed bidding except as otherwise provided in
5Section 20-5.
6    (b) Invitation for bids. An invitation for bids shall be
7issued and shall include a purchase description and the
8material contractual terms and conditions applicable to the
9procurement.
10    (c) Public notice. Public notice of the invitation for
11bids shall be published in the Illinois Procurement Bulletin
12at least 14 calendar days before the date set in the invitation
13for the opening of bids.
14    (d) Bid opening. Bids shall be opened publicly or through
15an electronic procurement system in the presence of one or
16more witnesses at the time and place designated in the
17invitation for bids. The name of each bidder, including earned
18and applied bid credit from the Illinois Works Jobs Program
19Act, the amount of each bid, and other relevant information as
20may be specified by rule shall be recorded. After the award of
21the contract, the winning bid and the record of each
22unsuccessful bid shall be open to public inspection.
23    (e) Bid acceptance and bid evaluation. Bids shall be
24unconditionally accepted without alteration or correction,
25except as authorized in this Code. Bids shall be evaluated
26based on the requirements set forth in the invitation for

 

 

10300SB2192sam001- 8 -LRB103 25677 DTM 58678 a

1bids, which may include criteria to determine acceptability
2such as inspection, testing, quality, workmanship, delivery,
3and suitability for a particular purpose. Those criteria that
4will affect the bid price and be considered in evaluation for
5award, such as discounts, transportation costs, and total or
6life cycle costs, shall be objectively measurable. The
7invitation for bids shall set forth the evaluation criteria to
8be used.
9    (f) Correction or withdrawal of bids. Correction or
10withdrawal of inadvertently erroneous bids before or after
11award, or cancellation of awards of contracts based on bid
12mistakes, shall be permitted in accordance with rules. After
13bid opening, no changes in bid prices or other provisions of
14bids prejudicial to the interest of the State or fair
15competition shall be permitted. All decisions to permit the
16correction or withdrawal of bids based on bid mistakes shall
17be supported by written determination made by a State
18purchasing officer.
19    (g) Award. The contract shall be awarded with reasonable
20promptness by written notice to the lowest responsible and
21responsive bidder whose bid meets the requirements and
22criteria set forth in the invitation for bids, except when a
23State purchasing officer determines it is not in the best
24interest of the State and by written explanation determines
25another bidder shall receive the award. The explanation shall
26appear in the appropriate volume of the Illinois Procurement

 

 

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

 

 

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1prior to 15 days before the next Illinois Procurement Bulletin
2for that type of bid.
3    (h) Multi-step sealed bidding. When it is considered
4impracticable to initially prepare a purchase description to
5support an award based on price, an invitation for bids may be
6issued requesting the submission of unpriced offers to be
7followed by an invitation for bids limited to those bidders
8whose offers have been qualified under the criteria set forth
9in the first solicitation.
10    (i) Alternative procedures. Notwithstanding any other
11provision of this Act to the contrary, the Director of the
12Illinois Power Agency may create alternative bidding
13procedures to be used in procuring professional services under
14subsections (a) and (c) of Section 1-75 and subsection (d) of
15Section 1-78 of the Illinois Power Agency Act and Section
1616-111.5(c) of the Public Utilities Act and to procure
17renewable energy resources under Section 1-56 of the Illinois
18Power Agency Act. These alternative procedures shall be set
19forth together with the other criteria contained in the
20invitation for bids, and shall appear in the appropriate
21volume of the Illinois Procurement Bulletin.
22    (j) Reverse auction. Notwithstanding any other provision
23of this Section and in accordance with rules adopted by the
24chief procurement officer, that chief procurement officer may
25procure supplies or services through a competitive electronic
26auction bidding process after the chief procurement officer

 

 

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1determines that the use of such a process will be in the best
2interest of the State. The chief procurement officer shall
3publish that determination in his or her next volume of the
4Illinois Procurement Bulletin.
5    An invitation for bids shall be issued and shall include
6(i) a procurement description, (ii) all contractual terms,
7whenever practical, and (iii) conditions applicable to the
8procurement, including a notice that bids will be received in
9an electronic auction manner.
10    Public notice of the invitation for bids shall be given in
11the same manner as provided in subsection (c).
12    Bids shall be accepted electronically at the time and in
13the manner designated in the invitation for bids. During the
14auction, a bidder's price shall be disclosed to other bidders.
15Bidders shall have the opportunity to reduce their bid prices
16during the auction. At the conclusion of the auction, the
17record of the bid prices received and the name of each bidder
18shall be open to public inspection.
19    After the auction period has terminated, withdrawal of
20bids shall be permitted as provided in subsection (f).
21    The contract shall be awarded within 60 calendar days
22after the auction by written notice to the lowest responsible
23bidder, or all bids shall be rejected except as otherwise
24provided in this Code. Extensions of the date for the award may
25be made by mutual written consent of the State purchasing
26officer and the lowest responsible bidder.

 

 

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1    This subsection does not apply to (i) procurements of
2professional and artistic services, (ii) telecommunications
3services, communication services, and information services,
4and (iii) contracts for construction projects, including
5design professional services.
6(Source: P.A. 101-31, eff. 6-28-19; 101-657, eff. 1-1-22;
7102-29, eff. 6-25-21.)".