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.

 

 

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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 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

 

 

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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

 

 

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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)

 

 

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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

 

 

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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:

 

 

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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.

 

 

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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

 

 

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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

 

 

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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.)".