Public Act 096-0584
 
SB0420 Enrolled LRB096 06455 RCE 16539 b

    AN ACT concerning finance.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Governmental Joint Purchasing Act is amended
by changing Sections 2, 3, and 4 as follows:
 
    (30 ILCS 525/2)  (from Ch. 85, par. 1602)
    Sec. 2. Joint purchasing authority.
    (a) Any governmental unit may purchase personal property,
supplies and services jointly with one or more other
governmental units. All such joint purchases shall be by
competitive bids as provided in Section 4 of this Act. The
provisions of any other acts under which a governmental unit
operates which refer to purchases and procedures in connection
therewith shall be superseded by the provisions of this Act
when the governmental units are exercising the joint powers
created by this Act.
    (a-5) The Department of Central Management Services may
purchase personal property, supplies, and services jointly
with a governmental entity of another state or with a
consortium of governmental entities of one or more other
states. Subject to provisions of the joint purchasing
solicitation, the Department of Central Management Services
may designate the resulting contract as available to
governmental units in Illinois.
    (b) Any not-for-profit agency that qualifies under Section
45-35 of the Illinois Procurement Code 7-1 of the Illinois
Purchasing Act and that either (1) acts pursuant to a board
established by or controlled by a unit of local government or
(2) receives grant funds from the State or from a unit of local
government, shall be eligible to participate in contracts
established by the State.
(Source: P.A. 87-960.)
 
    (30 ILCS 525/3)  (from Ch. 85, par. 1603)
    Sec. 3. Conduct of bid-letting. Under any Any agreement of
the governmental units that which desire to make joint
purchases pursuant to subsection (a) of Section 2, one of the
governmental units shall conduct the letting of bids. Where the
State of Illinois is a party to the joint purchase agreement,
the Department of Central Management Services shall conduct the
letting of bids. Expenses of such bid-letting may be shared by
the participating governmental units in proportion to the
amount of personal property, supplies or services each unit
purchases.
    When the State of Illinois is a party to the joint purchase
agreement pursuant to subsection (a) of Section 2, the
acceptance of bids shall be in accordance with the Illinois
Procurement Code and rules promulgated under that Code. When
the State of Illinois is not a party to the joint purchase
agreement, the acceptance of bids shall be governed by the
agreement.
    When the State of Illinois is a party to a joint purchase
agreement pursuant to subsection (a-5) of Section 2, the State
may act as the lead state or as a participant state. When the
State of Illinois is the lead state, all such joint purchases
shall be conducted in accordance with the Illinois Procurement
Code. When Illinois is a participant state, all such joint
purchases shall be conducted in accordance with the procurement
laws of the lead state; provided that all such joint
procurements must be by competitive sealed bid. All resulting
awards shall be published in the appropriate volume of the
Illinois Procurement Bulletin as may be required by Illinois
law governing publication of the solicitation, protest, and
award of Illinois State contracts. Contracts resulting from a
joint purchase shall contain all provisions required by
Illinois law and rule.
    The personal property, supplies or services involved shall
be distributed or rendered directly to each governmental unit
taking part in the purchase. The person selling the personal
property, supplies or services may bill each governmental unit
separately for its proportionate share of the cost of the
personal property, supplies or services purchased.
    The credit or liability of each governmental unit shall
remain separate and distinct. Disputes between bidders and
governmental units shall be resolved between the immediate
parties.
(Source: P.A. 90-572, eff. date - See Sec. 99-5.)
 
    (30 ILCS 525/4)  (from Ch. 85, par. 1604)
    Sec. 4. Bids. The purchases of all personal property,
supplies and services under this Act shall be based on
competitive, sealed bids. For purchases pursuant to subsection
(a) of Section 2, bids Bids shall be solicited by public notice
inserted at least once in a newspaper of general circulation in
one of the counties where the materials are to be used and at
least 5 calendar days before the final date of submitting bids.
Where the State of Illinois is a party to the joint purchase
agreement, public notice soliciting the bids shall be inserted
in the appropriate volume of the Illinois Procurement Bulletin
official newspaper of the State. Such notice shall include a
general description of the personal property, supplies or
services to be purchased and shall state where all blanks and
specifications may be obtained and the time and place for the
opening of bids. The governmental unit conducting the
bid-letting may also solicit sealed bids by sending requests by
mail to prospective suppliers and by posting notices on a
public bulletin board in its office.
    All purchases, orders or contracts shall be awarded to the
lowest responsible bidder, taking into consideration the
qualities of the articles or services supplied, their
conformity with the specifications, their suitability to the
requirements of the participating governmental units and the
delivery terms.
    Where the State of Illinois is not a party, all bids may be
rejected and new bids solicited if one or more of the
participating governmental units believes the public interest
may be served thereby. Each bid, with the name of the bidder,
shall be entered on a record, which record with the successful
bid indicated thereon shall, after the award of the purchase or
order or contract, be open to public inspection. A copy of all
contracts shall be filed with the purchasing agent or clerk or
secretary of each participating governmental unit.
(Source: P.A. 76-641.)
 
    Section 99. Effective date. This Act takes effect January
1, 2010.