Full Text of HB5065 96th General Assembly
HB5065enr 96TH GENERAL ASSEMBLY
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HB5065 Enrolled |
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LRB096 17378 RCE 32730 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 3. The Illinois Procurement Code is amended by | 5 |
| changing Sections 15-15 and 15-25 as follows: | 6 |
| (30 ILCS 500/15-15) | 7 |
| Sec. 15-15. Publication. All volumes of the Illinois | 8 |
| Procurement
Bulletin shall be published at least
once per | 9 |
| month. Any volume, including volumes available in print format,
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| shall be available through subscription for a
minimal fee not | 11 |
| exceeding
publication and distribution costs. The Illinois | 12 |
| Procurement
Bulletin shall be distributed free to
public | 13 |
| libraries within Illinois and electronically to any entity that | 14 |
| has subscribed on the publishing entity's website . | 15 |
| (Source: P.A. 90-572, eff. date - See Sec. 99-5.) | 16 |
| (30 ILCS 500/15-25) | 17 |
| (Text of Section before amendment by P.A. 96-795 ) | 18 |
| Sec. 15-25. Bulletin content. | 19 |
| (a) Invitations for bids. Notice of each and every contract | 20 |
| that is
offered, including renegotiated contracts and change | 21 |
| orders,
shall be published in the Bulletin , and all businesses | 22 |
| listed on the Department of Transportation Disadvantaged |
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HB5065 Enrolled |
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LRB096 17378 RCE 32730 b |
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| Business Enterprise Directory, the Department of Central | 2 |
| Management Services Business Enterprise Program and Small | 3 |
| Business Vendors Directory, and the Capital Development | 4 |
| Board's Directory of Certified Minority and Female Business | 5 |
| Enterprises shall be furnished written instructions and | 6 |
| information on how to register on each Procurement Bulletin | 7 |
| maintained by the State. Such information shall be provided to | 8 |
| each business within 30 days after the business' notice of | 9 |
| certification . The applicable chief procurement officer
may | 10 |
| provide by rule an organized format for the publication of this
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| information, but in any case it must include at least the date | 12 |
| first offered,
the date submission of offers is due, the | 13 |
| location that offers are to be
submitted to, the purchasing | 14 |
| State agency, the responsible State purchasing
officer, a brief | 15 |
| purchase description, the method of source selection,
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| information of how to obtain a comprehensive purchase | 17 |
| description and any
disclosure and contract forms, and | 18 |
| encouragement to prospective vendors to hire qualified | 19 |
| veterans, as defined by Section 45-67 of this Code, and | 20 |
| qualified Illinois minorities, women, persons with | 21 |
| disabilities, and residents discharged from any Illinois adult | 22 |
| correctional center. | 23 |
| (b) Contracts let or awarded . Notice of each and every | 24 |
| contract that is let
or awarded , including renegotiated | 25 |
| contracts and change orders, shall be issued electronically to | 26 |
| those bidders or offerors submitting responses to the |
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HB5065 Enrolled |
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LRB096 17378 RCE 32730 b |
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| solicitations, inclusive of the unsuccessful bidders, | 2 |
| immediately upon contract let. Failure of any chief procurement | 3 |
| officer to give such notice shall result in tolling the time | 4 |
| for filing a bid protest up to 5 business days. The apparent | 5 |
| low bidder's award and all other bids from bidders responding | 6 |
| to solicitations shall be posted on the agency's website the | 7 |
| next business day
published in the next available subsequent | 8 |
| Bulletin, and
the applicable chief procurement officer may | 9 |
| provide by rule an organized
format for the publication
of
this | 10 |
| information, but in any case it must include at least all of | 11 |
| the
information specified in subsection (a) as well as the name | 12 |
| of the successful
responsible bidder or offeror, the contract | 13 |
| price, the number of unsuccessful
responsive bidders, and any | 14 |
| other disclosure specified in any Section of this
Code. This | 15 |
| notice must be posted in the online electronic Bulletin prior | 16 |
| to execution of the contract .
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| (b-5) Contracts awarded. Notice of each and every contract | 18 |
| that is awarded, including renegotiated contracts and change | 19 |
| orders, shall be issued electronically to the successful | 20 |
| responsible bidder or offeror, posted on the agency's website | 21 |
| the next business day, and published in the next available | 22 |
| subsequent Bulletin. The applicable chief procurement officer | 23 |
| may provide by rule an organized format for the publication of | 24 |
| this information, but in any case it must include at least all | 25 |
| of the information specified in subsection (a) as well as the | 26 |
| name of the successful responsible bidder or offeror, the |
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HB5065 Enrolled |
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LRB096 17378 RCE 32730 b |
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| contract price, the number of unsuccessful responsive bidders, | 2 |
| and any other disclosure specified in any Section of this Code. | 3 |
| This notice must be posted in the online electronic Bulletin | 4 |
| prior to execution of the contract. | 5 |
| (c) Emergency purchase disclosure. Any chief procurement | 6 |
| officer, State
purchasing officer, or designee exercising | 7 |
| emergency purchase authority under
this Code shall publish a | 8 |
| written description and reasons and the total cost,
if known, | 9 |
| or an estimate if unknown and the name of the responsible chief
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| procurement officer and State purchasing officer, and the | 11 |
| business or person
contracted with for all emergency purchases | 12 |
| in
the next timely, practicable Bulletin. This notice must be | 13 |
| posted in the online electronic Bulletin within 3 business days | 14 |
| after the execution of the contract.
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| (d) Other required disclosure. The applicable chief | 16 |
| procurement officer
shall provide by rule for the organized | 17 |
| publication of all other disclosure
required in other Sections | 18 |
| of this Code in a timely manner. | 19 |
| (e) The Department of Central Management Services, the | 20 |
| Capital Development Board, the Department of Transportation, | 21 |
| and the higher education chief procurement officer shall | 22 |
| provide the Procurement Policy Board with the information and | 23 |
| resources necessary, and in a manner, to effectuate the purpose | 24 |
| of this amendatory Act of the 96th General Assembly. | 25 |
| (Source: P.A. 94-1067, eff. 8-1-06; 95-536, eff. 1-1-08.) |
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HB5065 Enrolled |
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LRB096 17378 RCE 32730 b |
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| (Text of Section after amendment by P.A. 96-795 ) | 2 |
| Sec. 15-25. Bulletin content. | 3 |
| (a) Invitations for bids. Notice of each and every contract | 4 |
| that is
offered, including renegotiated contracts and change | 5 |
| orders,
shall be published in the Bulletin , and all businesses | 6 |
| listed on the Department of Transportation Disadvantaged | 7 |
| Business Enterprise Directory, the Department of Central | 8 |
| Management Services Business Enterprise Program and Small | 9 |
| Business Vendors Directory, and the Capital Development | 10 |
| Board's Directory of Certified Minority and Female Business | 11 |
| Enterprises shall be furnished written instructions and | 12 |
| information on how to register on each Procurement Bulletin | 13 |
| maintained by the State. Such information shall be provided to | 14 |
| each business within 30 days after the business' notice of | 15 |
| certification . The applicable chief procurement officer
may | 16 |
| provide by rule an organized format for the publication of this
| 17 |
| information, but in any case it must include at least the date | 18 |
| first offered,
the date submission of offers is due, the | 19 |
| location that offers are to be
submitted to, the purchasing | 20 |
| State agency, the responsible State purchasing
officer, a brief | 21 |
| purchase description, the method of source selection,
| 22 |
| information of how to obtain a comprehensive purchase | 23 |
| description and any
disclosure and contract forms, and | 24 |
| encouragement to prospective vendors to hire qualified | 25 |
| veterans, as defined by Section 45-67 of this Code, and | 26 |
| qualified Illinois minorities, women, persons with |
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HB5065 Enrolled |
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LRB096 17378 RCE 32730 b |
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| disabilities, and residents discharged from any Illinois adult | 2 |
| correctional center. | 3 |
| (b) Contracts let or awarded . Notice of each and every | 4 |
| contract that is let
or awarded , including renegotiated | 5 |
| contracts and change orders, shall be issued electronically to | 6 |
| those bidders or offerors submitting responses to the | 7 |
| solicitations, inclusive of the unsuccessful bidders, | 8 |
| immediately upon contract let. Failure of any chief procurement | 9 |
| officer to give such notice shall result in tolling the time | 10 |
| for filing a bid protest up to 5 business days. The apparent | 11 |
| low bidder's award and all other bids from bidders responding | 12 |
| to solicitations shall be posted on the agency's website the | 13 |
| next business day
published in the next available subsequent | 14 |
| Bulletin, and
the applicable chief procurement officer may | 15 |
| provide by rule an organized
format for the publication
of
this | 16 |
| information, but in any case it must include at least all of | 17 |
| the
information specified in subsection (a), the name of the | 18 |
| successful
responsible bidder or offeror, the contract price, | 19 |
| the number of unsuccessful
responsive bidders, the information | 20 |
| required in subsection (g) of Section 20-10 if applicable, and | 21 |
| any other disclosure specified in any Section of this
Code. | 22 |
| This notice must be posted in the online electronic Bulletin no | 23 |
| later than 10 business days after the contract is awarded .
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| (b-5) Contracts awarded. Notice of each and every contract | 25 |
| that is awarded, including renegotiated contracts and change | 26 |
| orders, shall be issued electronically to the successful |
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HB5065 Enrolled |
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LRB096 17378 RCE 32730 b |
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| responsible bidder or offeror, posted on the agency's website | 2 |
| the next business day, and published in the next available | 3 |
| subsequent Bulletin. The applicable chief procurement officer | 4 |
| may provide by rule an organized format for the publication of | 5 |
| this information, but in any case it must include at least all | 6 |
| of the information specified in subsection (a) as well as the | 7 |
| name of the successful responsible bidder or offeror, the | 8 |
| contract price, the number of unsuccessful responsive bidders, | 9 |
| and any other disclosure specified in any Section of this Code. | 10 |
| This notice must be posted in the online electronic Bulletin | 11 |
| prior to execution of the contract. | 12 |
| (c) Emergency purchase disclosure. Any chief procurement | 13 |
| officer or State
purchasing officer exercising emergency | 14 |
| purchase authority under
this Code shall publish a written | 15 |
| description and reasons and the total cost,
if known, or an | 16 |
| estimate if unknown and the name of the responsible chief
| 17 |
| procurement officer and State purchasing officer, and the | 18 |
| business or person
contracted with for all emergency purchases | 19 |
| in
the next timely, practicable Bulletin. This notice must be | 20 |
| posted in the online electronic Bulletin no later than 3 | 21 |
| business days after the contract is awarded.
Notice of a | 22 |
| hearing to extend an emergency contract must be posted in the | 23 |
| online electronic Procurement Bulletin no later than 5 business | 24 |
| days prior to the hearing. | 25 |
| (c-5) Business Enterprise Program report. Each purchasing | 26 |
| agency shall post in the online electronic Bulletin a copy of |
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HB5065 Enrolled |
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LRB096 17378 RCE 32730 b |
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| its annual report of utilization of businesses owned by | 2 |
| minorities, females, and persons with disabilities as | 3 |
| submitted to the Business Enterprise Council for Minorities, | 4 |
| Females, and Persons with Disabilities pursuant to Section 6(c) | 5 |
| of the Business Enterprise for Minorities, Females, and Persons | 6 |
| with Disabilities Act within 10 business days after its | 7 |
| submission of its report to the Council.
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| (c-10) Renewals. Notice of each contract renewal shall be | 9 |
| posted in the online electronic Bulletin within 10 business | 10 |
| days of the determination to renew the contract and the next | 11 |
| available subsequent Bulletin. The notice shall include at | 12 |
| least all of the information required in subsection (b).
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| (c-15) Sole source procurements. Before entering into a | 14 |
| sole source contract, a chief procurement officer exercising | 15 |
| sole source procurement authority under this Code shall publish | 16 |
| a written description of intent to enter into a sole source | 17 |
| contract along with a description of the item to be procured | 18 |
| and the intended sole source contractor. This notice must be | 19 |
| posted in the online electronic Procurement Bulletin before a | 20 |
| sole source contract is awarded and at least 14 days before the | 21 |
| hearing required by Section 20-25. | 22 |
| (d) Other required disclosure. The applicable chief | 23 |
| procurement officer
shall provide by rule for the organized | 24 |
| publication of all other disclosure
required in other Sections | 25 |
| of this Code in a timely manner. | 26 |
| (e) The changes to subsections (b), (c), (c-5), (c-10), and |
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HB5065 Enrolled |
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LRB096 17378 RCE 32730 b |
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| (c-15) of this Section made by this amendatory Act of the 96th | 2 |
| General Assembly apply to reports submitted, offers made, and | 3 |
| notices on contracts executed on or after its effective date.
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| (f) The Department of Central Management Services, the | 5 |
| Capital Development Board, the Department of Transportation, | 6 |
| and the higher education chief procurement officer shall | 7 |
| provide the Procurement Policy Board with the information and | 8 |
| resources necessary, and in a manner, to effectuate the purpose | 9 |
| of this amendatory Act of the 96th General Assembly. | 10 |
| (Source: P.A. 95-536, eff. 1-1-08; 96-795, eff. 7-1-10 (see | 11 |
| Section 5 of P.A. 96-793 for the effective date of changes made | 12 |
| by P.A. 96-795).) | 13 |
| Section 5. The Business Enterprise for Minorities, | 14 |
| Females, and Persons with
Disabilities Act is amended by | 15 |
| changing Section 9 as follows:
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| (30 ILCS 575/9) (from Ch. 127, par. 132.609)
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| (Section scheduled to be repealed on June 30, 2010)
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| Sec. 9. This Act is repealed June 30, 2012 2010 . | 19 |
| (Source: P.A. 95-776, eff. 8-4-08.)
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| Section 95. No acceleration or delay. Where this Act makes | 21 |
| changes in a statute that is represented in this Act by text | 22 |
| that is not yet or no longer in effect (for example, a Section | 23 |
| represented by multiple versions), the use of that text does |
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HB5065 Enrolled |
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LRB096 17378 RCE 32730 b |
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| not accelerate or delay the taking effect of (i) the changes | 2 |
| made by this Act or (ii) provisions derived from any other | 3 |
| Public Act.
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| Section 99. Effective date. This Act takes effect upon | 5 |
| becoming law.
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