Sen. Ram Villivalam

Filed: 3/15/2023

 

 


 

 


 
10300SB2192sam003LRB103 25677 HLH 59209 a

1
AMENDMENT TO SENATE BILL 2192

2    AMENDMENT NO. ______. Amend Senate Bill 2192, AS AMENDED,
3by replacing everything after the enacting clause with the
4following:
 
5    "Section 5. The Illinois Procurement Code is amended by
6changing Section 20-10 as follows:
 
7    (30 ILCS 500/20-10)
8    (Text of Section from P.A. 96-159, 96-588, 97-96, 97-895,
998-1076, 99-906, 100-43, 101-31, 101-657, and 102-29)
10    Sec. 20-10. Competitive sealed bidding; reverse auction.
11    (a) Conditions for use. All contracts shall be awarded by
12competitive sealed bidding except as otherwise provided in
13Section 20-5.
14    (b) Invitation for bids. An invitation for bids shall be
15issued and shall include a purchase description and the
16material contractual terms and conditions applicable to the

 

 

10300SB2192sam003- 2 -LRB103 25677 HLH 59209 a

1procurement.
2    (c) Public notice. Public notice of the invitation for
3bids shall be published in the Illinois Procurement Bulletin
4at least 14 calendar days before the date set in the invitation
5for the opening of bids.
6    (d) Bid opening. Bids shall be opened publicly or through
7an electronic procurement system in the presence of one or
8more witnesses at the time and place designated in the
9invitation for bids. The name of each bidder, including earned
10and applied bid credit from the Illinois Works Jobs Program
11Act, the amount of each bid, and other relevant information as
12may be specified by rule shall be recorded. After the award of
13the contract, the winning bid and the record of each
14unsuccessful bid shall be open to public inspection.
15    (e) Bid acceptance and bid evaluation. Bids shall be
16unconditionally accepted without alteration or correction,
17except as authorized in this Code. Bids shall be evaluated
18based on the requirements set forth in the invitation for
19bids, which may include criteria to determine acceptability
20such as inspection, testing, quality, workmanship, delivery,
21and suitability for a particular purpose. Those criteria that
22will affect the bid price and be considered in evaluation for
23award, such as discounts, transportation costs, and total or
24life cycle costs, shall be objectively measurable. The
25invitation for bids shall set forth the evaluation criteria to
26be used.

 

 

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1    (f) Correction or withdrawal of bids. Correction or
2withdrawal of inadvertently erroneous bids before or after
3award, or cancellation of awards of contracts based on bid
4mistakes, shall be permitted in accordance with rules. After
5bid opening, no changes in bid prices or other provisions of
6bids prejudicial to the interest of the State or fair
7competition shall be permitted. All decisions to permit the
8correction or withdrawal of bids based on bid mistakes shall
9be supported by written determination made by a State
10purchasing officer.
11    (g) Award. The contract shall be awarded with reasonable
12promptness by written notice to the lowest responsible and
13responsive bidder whose bid meets the requirements and
14criteria set forth in the invitation for bids, except when a
15State purchasing officer determines it is not in the best
16interest of the State and by written explanation determines
17another bidder shall receive the award. The explanation shall
18appear in the appropriate volume of the Illinois Procurement
19Bulletin. The written explanation must include:
20        (1) a description of the agency's needs;
21        (2) a determination that the anticipated cost will be
22    fair and reasonable;
23        (3) a listing of all responsible and responsive
24    bidders; and
25        (4) the name of the bidder selected, the total
26    contract price, and the reasons for selecting that bidder.

 

 

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

 

 

10300SB2192sam003- 7 -LRB103 25677 HLH 59209 a

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

 

 

10300SB2192sam003- 8 -LRB103 25677 HLH 59209 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

 

 

10300SB2192sam003- 9 -LRB103 25677 HLH 59209 a

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 Transportation, the Capital Development
20Board, or the Illinois State Toll Highway Authority, the
21applicable chief procurement officer for the respective agency
22shall in writing detail why all 4 bids were rejected. The chief
23procurement officer shall submit by certified copy to the
24bidder the reasoning for the rejection of the bid within the
25same calendar quarter in which the fourth bid was rejected and
26prior to 15 days before the next Illinois Procurement Bulletin

 

 

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1for that type of bid.
2    (h) Multi-step sealed bidding. When it is considered
3impracticable to initially prepare a purchase description to
4support an award based on price, an invitation for bids may be
5issued requesting the submission of unpriced offers to be
6followed by an invitation for bids limited to those bidders
7whose offers have been qualified under the criteria set forth
8in the first solicitation.
9    (i) Alternative procedures. Notwithstanding any other
10provision of this Act to the contrary, the Director of the
11Illinois Power Agency may create alternative bidding
12procedures to be used in procuring professional services under
13subsections (a) and (c) of Section 1-75 and subsection (d) of
14Section 1-78 of the Illinois Power Agency Act and Section
1516-111.5(c) of the Public Utilities Act and to procure
16renewable energy resources under Section 1-56 of the Illinois
17Power Agency Act. These alternative procedures shall be set
18forth together with the other criteria contained in the
19invitation for bids, and shall appear in the appropriate
20volume of the Illinois Procurement Bulletin.
21    (j) Reverse auction. Notwithstanding any other provision
22of this Section and in accordance with rules adopted by the
23chief procurement officer, that chief procurement officer may
24procure supplies or services through a competitive electronic
25auction bidding process after the chief procurement officer
26determines that the use of such a process will be in the best

 

 

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

 

 

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1professional and artistic services, (ii) telecommunications
2services, communication services, and information services,
3and (iii) contracts for construction projects, including
4design professional services.
5(Source: P.A. 101-31, eff. 6-28-19; 101-657, eff. 1-1-22;
6102-29, eff. 6-25-21.)".