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| | HB3262 Engrossed | | LRB099 09581 SXM 29790 b |
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1 | | AN ACT concerning finance.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 5. The Illinois Procurement Code is amended by |
5 | | changing Section 20-30 as follows:
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6 | | (30 ILCS 500/20-30)
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7 | | Sec. 20-30. Emergency purchases.
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8 | | (a) Conditions for use. In accordance with standards set by
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9 | | rule, a purchasing
agency may make emergency procurements |
10 | | without competitive sealed
bidding or prior notice
when there |
11 | | exists a threat to public health or public safety, or
when |
12 | | immediate expenditure is
necessary for repairs to State |
13 | | property in order to protect
against further loss of or damage |
14 | | to
State property, to prevent or minimize serious disruption in |
15 | | critical State
services that affect health, safety, or |
16 | | collection of substantial State revenues, or to ensure the
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17 | | integrity of State records; provided, however, that the term of |
18 | | the emergency purchase shall be limited to the time reasonably |
19 | | needed for a competitive procurement, not to exceed 90 calendar |
20 | | days. A contract may be extended beyond 90 calendar days if the |
21 | | chief procurement officer determines additional time is |
22 | | necessary and that the contract scope and duration are limited |
23 | | to the emergency. Prior to execution of the extension, the |
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1 | | chief procurement officer must hold a public hearing and |
2 | | provide written justification for all emergency contracts. |
3 | | Members of the public may present testimony. Emergency |
4 | | procurements shall be made
with as much competition
as is |
5 | | practicable under the circumstances.
A written
description of |
6 | | the basis for the emergency and reasons for the
selection of |
7 | | the particular
contractor shall be included in the contract |
8 | | file.
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9 | | (b) Notice. Notice of all emergency procurements shall be |
10 | | provided to the Procurement Policy Board and published in the |
11 | | online electronic Bulletin no later than 5 calendar days after |
12 | | the contract is awarded. Notice of intent to extend an |
13 | | emergency contract shall be provided to the Procurement Policy |
14 | | Board and published in the online electronic Bulletin at least |
15 | | 14 calendar days before the public hearing. Notice shall |
16 | | include at least a description of the need for the emergency |
17 | | purchase, the contractor, and if applicable, the date, time, |
18 | | and location of the public hearing. A copy of this notice and |
19 | | all documents provided at the hearing shall be included in the |
20 | | online electronic subsequent Procurement Bulletin. The State |
21 | | purchasing officer Before the next appropriate volume of the |
22 | | Illinois Procurement
Bulletin, the purchasing agency shall |
23 | | publish in the
Illinois Procurement Bulletin a copy of each |
24 | | written description
and reasons and the total cost
of each |
25 | | emergency procurement made during the previous month.
When only |
26 | | an estimate of the
total cost is known at the time of |
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1 | | publication, the estimate shall
be identified as an estimate |
2 | | and
published. When the actual total cost is determined, it |
3 | | shall
also be published in like manner no later than 5 calendar |
4 | | days after it is determined
before the 10th day of the next |
5 | | succeeding month .
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6 | | (c) Affidavits. A chief procurement officer making a |
7 | | procurement
under this Section shall file
affidavits with the |
8 | | Procurement Policy Board and the Auditor General within
10 |
9 | | calendar days
after the procurement setting
forth the amount |
10 | | expended, the name of the contractor involved,
and the |
11 | | conditions and
circumstances requiring the emergency |
12 | | procurement. When only an
estimate of the cost is
available |
13 | | within 10 calendar days after the procurement, the actual cost
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14 | | shall be reported immediately
after it is determined. At the |
15 | | end of each fiscal quarter, the
Auditor General shall file with |
16 | | the
Legislative Audit Commission and the Governor a complete |
17 | | listing
of all emergency
procurements reported during that |
18 | | fiscal quarter. The Legislative
Audit Commission shall
review |
19 | | the emergency procurements so reported and, in its annual
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20 | | reports, advise the General
Assembly of procurements that |
21 | | appear to constitute an abuse of
this Section.
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22 | | (d) Quick purchases. The chief procurement officer may |
23 | | promulgate rules
extending the circumstances by which a |
24 | | purchasing agency may make purchases
under this Section, |
25 | | including but not limited to the procurement of items
available |
26 | | at a discount for a limited period of time.
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