Full Text of HB0379 96th General Assembly
HB0379 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB0379
Introduced 1/30/2009, by Rep. Michael Connelly SYNOPSIS AS INTRODUCED: |
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Amends the Illinois Procurement Code. Authorizes State purchasing officers under the jurisdiction of the Director of Central Management Services to use an electronic reverse auction procurement method for purchases of supplies and services other than professional and artistic services. Requires that the method comply with rules adopted by the Director and that the purchasing officer first explain in writing to the Director his or her determination that use of the method will be in the State's best interest. Effective immediately.
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A BILL FOR
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HB0379 |
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LRB096 05843 JAM 15923 b |
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| AN ACT concerning finance.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Procurement Code is amended by | 5 |
| changing Section 20-10 as follows:
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| (30 ILCS 500/20-10)
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| Sec. 20-10. Competitive sealed bidding ; reverse auction .
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| (a) Conditions for use. All contracts shall be awarded by
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| competitive sealed bidding
except as otherwise provided in | 10 |
| Section 20-5.
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| (b) Invitation for bids. An invitation for bids shall be
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| issued and shall include a
purchase description and the | 13 |
| material contractual terms and
conditions applicable to the
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| procurement.
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| (c) Public notice. Public notice of the invitation for bids | 16 |
| shall be
published in the Illinois Procurement Bulletin at | 17 |
| least 14 days before the date
set in the invitation for the | 18 |
| opening of bids.
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| (d) Bid opening. Bids shall be opened publicly in the
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| presence of one or more witnesses
at the time and place | 21 |
| designated in the invitation for bids. The
name of each bidder, | 22 |
| the amount
of each bid, and other relevant information as may | 23 |
| be specified by
rule shall be
recorded. After the award of the |
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HB0379 |
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| contract, the winning bid and the
record of each unsuccessful | 2 |
| bid shall be open to
public inspection.
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| (e) Bid acceptance and bid evaluation. Bids shall be
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| unconditionally accepted without
alteration or correction, | 5 |
| except as authorized in this Code. Bids
shall be evaluated | 6 |
| based on the
requirements set forth in the invitation for bids, | 7 |
| which may
include criteria to determine
acceptability such as | 8 |
| inspection, testing, quality, workmanship,
delivery, and | 9 |
| suitability for a
particular purpose. Those criteria that will | 10 |
| affect the bid price
and be considered in evaluation
for award, | 11 |
| such as discounts, transportation costs, and total or
life | 12 |
| cycle costs, shall be
objectively measurable. The invitation | 13 |
| for bids shall set forth
the evaluation criteria to be used.
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| (f) Correction or withdrawal of bids. Correction or
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| withdrawal of inadvertently
erroneous bids before or after | 16 |
| award, or cancellation of awards of
contracts based on bid
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| mistakes, shall be permitted in accordance with rules.
After | 18 |
| bid opening, no
changes in bid prices or other provisions of | 19 |
| bids prejudicial to
the interest of the State or fair
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| competition shall be permitted. All decisions to permit the
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| correction or withdrawal of bids
based on bid mistakes shall be | 22 |
| supported by written determination
made by a State purchasing | 23 |
| officer.
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| (g) Award. The contract shall be awarded with reasonable
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| promptness by written notice
to the lowest responsible and | 26 |
| responsive bidder whose bid meets
the requirements and criteria
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| set forth in the invitation for bids, except when a State | 2 |
| purchasing officer
determines it is not in the best interest of | 3 |
| the State and by written
explanation determines another bidder | 4 |
| shall receive the award. The explanation
shall appear in the | 5 |
| appropriate volume of the Illinois Procurement Bulletin.
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| (h) Multi-step sealed bidding. When it is considered
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| impracticable to initially prepare
a purchase description to | 8 |
| support an award based on price, an
invitation for bids may be | 9 |
| issued
requesting the submission of unpriced offers to be | 10 |
| followed by an
invitation for bids limited to
those bidders | 11 |
| whose offers have been qualified under the criteria
set forth | 12 |
| in the first solicitation.
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| (i) Alternative procedures. Notwithstanding any other | 14 |
| provision of this Act to the contrary, the Director of the | 15 |
| Illinois Power Agency may create alternative bidding | 16 |
| procedures to be used in procuring professional services under | 17 |
| Section 1-75(a) of the Illinois Power Agency Act and Section | 18 |
| 16-111.5(c) of the Public Utilities Act. These alternative | 19 |
| procedures shall be set forth together with the other criteria | 20 |
| contained in the invitation for bids, and shall appear in the | 21 |
| appropriate volume of the Illinois Procurement Bulletin.
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| (j) Reverse auction. Notwithstanding any other provision | 23 |
| of this Section and in accordance with rules adopted by the | 24 |
| Director of Central Management Services as chief procurement | 25 |
| officer, a State purchasing officer under that chief | 26 |
| procurement officer's jurisdiction may procure supplies or |
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HB0379 |
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| services through a competitive electronic auction bidding | 2 |
| process after the purchasing officer explains in writing to the | 3 |
| chief procurement officer his or her determination that the use | 4 |
| of such a process will be in the best interest of the State. | 5 |
| The chief procurement officer shall publish that determination | 6 |
| in his or her next volume of the Illinois Procurement Bulletin. | 7 |
| An invitation for bids shall be issued and shall include | 8 |
| (i) a procurement description, (ii) all contractual terms, | 9 |
| whenever practical, and (iii) conditions applicable to the | 10 |
| procurement, including a notice that bids will be received in | 11 |
| an electronic auction manner. | 12 |
| Public notice of the invitation for bids shall be given in | 13 |
| the same manner as provided in subsection (c). | 14 |
| Bids shall be accepted electronically at the time and in | 15 |
| the manner designated in the invitation for bids. During the | 16 |
| auction, a bidder's price shall be disclosed to other bidders. | 17 |
| Bidders shall have the opportunity to reduce their bid prices | 18 |
| during the auction. At the conclusion of the auction, the | 19 |
| record of the bid prices received and the name of each bidder | 20 |
| shall be open to public inspection. | 21 |
| After the auction period has terminated, withdrawal of bids | 22 |
| shall be permitted as provided in subsection (f). | 23 |
| The contract shall be awarded within 60 days after the | 24 |
| auction by written notice to the lowest responsible bidder, or | 25 |
| all bids shall be rejected except as otherwise provided in this | 26 |
| Code. Extensions of the date for the award may be made by |
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| mutual written consent of the State purchasing officer and the | 2 |
| lowest responsible bidder. | 3 |
| This subsection does not apply to procurements of | 4 |
| professional and artistic services. | 5 |
| (Source: P.A. 95-481, eff. 8-28-07.)
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| Section 99. Effective date. This Act takes effect upon | 7 |
| becoming law.
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