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Public Act 103-0558
Public Act 0558 103RD GENERAL ASSEMBLY
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Public Act 103-0558
| | SB2192 Enrolled | LRB103 25677 HLH 52026 b |
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| AN ACT concerning finance.
| Be it enacted by the People of the State of Illinois,
| represented in the General Assembly:
| Section 5. The Illinois Procurement Code is amended by | changing Section 20-10 as follows:
| (30 ILCS 500/20-10)
| (Text of Section from P.A. 96-159, 96-588, 97-96, 97-895, | 98-1076, 99-906, 100-43, 101-31, 101-657, and 102-29) | Sec. 20-10. Competitive sealed bidding; reverse auction.
| (a) Conditions for use. All contracts shall be awarded by
| competitive sealed bidding
except as otherwise provided in | Section 20-5.
| (b) Invitation for bids. An invitation for bids shall be
| issued and shall include a
purchase description and the | material contractual terms and
conditions applicable to the
| procurement.
| (c) Public notice. Public notice of the invitation for | bids shall be
published in the Illinois Procurement Bulletin | at least 14 calendar days before the date
set in the invitation | for the opening of bids.
| (d) Bid opening. Bids shall be opened publicly or through | an electronic procurement system in the
presence of one or | more witnesses
at the time and place designated in the |
| invitation for bids. The
name of each bidder, including earned | and applied bid credit from the Illinois Works Jobs Program | Act, the amount
of each bid, and other relevant information as | may be specified by
rule shall be
recorded. After the award of | the contract, the winning bid and the
record of each | unsuccessful bid shall be open to
public inspection.
| (e) Bid acceptance and bid evaluation. Bids shall be
| unconditionally accepted without
alteration or correction, | except as authorized in this Code. Bids
shall be evaluated | based on the
requirements set forth in the invitation for | bids, which may
include criteria to determine
acceptability | such as inspection, testing, quality, workmanship,
delivery, | and suitability for a
particular purpose. Those criteria that | will affect the bid price and be considered in evaluation
for | award, such as discounts, transportation costs, and total or
| life cycle costs, shall be
objectively measurable. The | invitation for bids shall set forth
the evaluation criteria to | be used.
| (f) Correction or withdrawal of bids. Correction or
| withdrawal of inadvertently
erroneous bids before or after | award, or cancellation of awards of
contracts based on bid
| mistakes, shall be permitted in accordance with rules.
After | bid opening, no
changes in bid prices or other provisions of | bids prejudicial to
the interest of the State or fair
| competition shall be permitted. All decisions to permit the
| correction or withdrawal of bids
based on bid mistakes shall |
| be supported by written determination
made by a State | purchasing officer.
| (g) Award. The contract shall be awarded with reasonable
| promptness by written notice
to the lowest responsible and | responsive bidder whose bid meets
the requirements and | criteria
set forth in the invitation for bids, except when a | State purchasing officer
determines it is not in the best | interest of the State and by written
explanation determines | another bidder shall receive the award. The explanation
shall | appear in the appropriate volume of the Illinois Procurement | Bulletin. The written explanation must include:
| (1) a description of the agency's needs; | (2) a determination that the anticipated cost will be | fair and reasonable; | (3) a listing of all responsible and responsive | bidders; and | (4) the name of the bidder selected, the total | contract price, and the reasons for selecting that bidder. | Each chief procurement officer may adopt guidelines to | implement the requirements of this subsection (g). | The written explanation shall be filed with the | Legislative Audit Commission, and the Commission on Equity and | Inclusion, and the Procurement Policy Board, and be made | available for inspection by the public, within 14 calendar | days after the agency's decision to award the contract. | (g-5) Failed bid notice. In addition to the requirements |
| of subsection (g), if a bidder has failed to be awarded a | contract after 4 consecutive bids to provide the same services | to the Department of Transportation, the Capital Development | Board, or the Illinois State Toll Highway Authority, the | applicable agency shall, in writing, detail why each of the 4 | bids was not awarded to the bidder. The applicable agency | shall submit by certified copy to the bidder the reason or | reasons why each of the 4 bids was not awarded to the bidder. | The agency shall submit that certified copy to the bidder | within the same calendar quarter in which the fourth bid was | rejected. | (h) Multi-step sealed bidding. When it is considered
| impracticable to initially prepare
a purchase description to | support an award based on price, an
invitation for bids may be | issued
requesting the submission of unpriced offers to be | followed by an
invitation for bids limited to
those bidders | whose offers have been qualified under the criteria
set forth | in the first solicitation.
| (i) Alternative procedures. Notwithstanding any other | provision of this Act to the contrary, the Director of the | Illinois Power Agency may create alternative bidding | procedures to be used in procuring professional services under | Section 1-56, subsections (a) and (c) of Section 1-75 and | subsection (d) of Section 1-78 of the Illinois Power Agency | Act and Section 16-111.5(c) of the Public Utilities Act and to | procure renewable energy resources under Section 1-56 of the |
| Illinois Power Agency Act. These alternative procedures shall | be set forth together with the other criteria contained in the | invitation for bids, and shall appear in the appropriate | volume of the Illinois Procurement Bulletin.
| (j) Reverse auction. Notwithstanding any other provision | of this Section and in accordance with rules adopted by the | chief procurement officer, that chief procurement officer may | procure supplies or services through a competitive electronic | auction bidding process after the chief procurement officer | determines that the use of such a process will be in the best | interest of the State. The chief procurement officer shall | publish that determination in his or her next volume of the | Illinois Procurement Bulletin. | An invitation for bids shall be issued and shall include | (i) a procurement description, (ii) all contractual terms, | whenever practical, and (iii) conditions applicable to the | procurement, including a notice that bids will be received in | an electronic auction manner. | Public notice of the invitation for bids shall be given in | the same manner as provided in subsection (c). | Bids shall be accepted electronically at the time and in | the manner designated in the invitation for bids. During the | auction, a bidder's price shall be disclosed to other bidders. | Bidders shall have the opportunity to reduce their bid prices | during the auction. At the conclusion of the auction, the | record of the bid prices received and the name of each bidder |
| shall be open to public inspection. | After the auction period has terminated, withdrawal of | bids shall be permitted as provided in subsection (f). | The contract shall be awarded within 60 calendar days | after the auction by written notice to the lowest responsible | bidder, or all bids shall be rejected except as otherwise | provided in this Code. Extensions of the date for the award may | be made by mutual written consent of the State purchasing | officer and the lowest responsible bidder. | This subsection does not apply to (i) procurements of | professional and artistic services, (ii) telecommunications | services, communication services, and information services, | and (iii) contracts for construction projects, including | design professional services. | (Source: P.A. 100-43, eff. 8-9-17; 101-31, eff. 6-28-19; | 101-657, eff. 1-1-22; 102-29, eff. 6-25-21.)
| (Text of Section from P.A. 96-159, 96-795, 97-96, 97-895, | 98-1076, 99-906, 100-43, 101-31, 101-657, and 102-29)
| Sec. 20-10. Competitive sealed bidding; reverse auction.
| (a) Conditions for use. All contracts shall be awarded by
| competitive sealed bidding
except as otherwise provided in | Section 20-5.
| (b) Invitation for bids. An invitation for bids shall be
| issued and shall include a
purchase description and the | material contractual terms and
conditions applicable to the
|
| procurement.
| (c) Public notice. Public notice of the invitation for | bids shall be
published in the Illinois Procurement Bulletin | at least 14 calendar days before the date
set in the invitation | for the opening of bids.
| (d) Bid opening. Bids shall be opened publicly or through | an electronic procurement system in the
presence of one or | more witnesses
at the time and place designated in the | invitation for bids. The
name of each bidder, including earned | and applied bid credit from the Illinois Works Jobs Program | Act, the amount
of each bid, and other relevant information as | may be specified by
rule shall be
recorded. After the award of | the contract, the winning bid and the
record of each | unsuccessful bid shall be open to
public inspection.
| (e) Bid acceptance and bid evaluation. Bids shall be
| unconditionally accepted without
alteration or correction, | except as authorized in this Code. Bids
shall be evaluated | based on the
requirements set forth in the invitation for | bids, which may
include criteria to determine
acceptability | such as inspection, testing, quality, workmanship,
delivery, | and suitability for a
particular purpose. Those criteria that | will affect the bid price and be considered in evaluation
for | award, such as discounts, transportation costs, and total or
| life cycle costs, shall be
objectively measurable. The | invitation for bids shall set forth
the evaluation criteria to | be used.
|
| (f) Correction or withdrawal of bids. Correction or
| withdrawal of inadvertently
erroneous bids before or after | award, or cancellation of awards of
contracts based on bid
| mistakes, shall be permitted in accordance with rules.
After | bid opening, no
changes in bid prices or other provisions of | bids prejudicial to
the interest of the State or fair
| competition shall be permitted. All decisions to permit the
| correction or withdrawal of bids
based on bid mistakes shall | be supported by written determination
made by a State | purchasing officer.
| (g) Award. The contract shall be awarded with reasonable
| promptness by written notice
to the lowest responsible and | responsive bidder whose bid meets
the requirements and | criteria
set forth in the invitation for bids, except when a | State purchasing officer
determines it is not in the best | interest of the State and by written
explanation determines | another bidder shall receive the award. The explanation
shall | appear in the appropriate volume of the Illinois Procurement | Bulletin. The written explanation must include:
| (1) a description of the agency's needs; | (2) a determination that the anticipated cost will be | fair and reasonable; | (3) a listing of all responsible and responsive | bidders; and | (4) the name of the bidder selected, the total | contract price, and the reasons for selecting that bidder. |
| Each chief procurement officer may adopt guidelines to | implement the requirements of this subsection (g). | The written explanation shall be filed with the | Legislative Audit Commission, and the Commission on Equity and | Inclusion, and the Procurement Policy Board, and be made | available for inspection by the public, within 14 days after | the agency's decision to award the contract. | (g-5) Failed bid notice. In addition to the requirements | of subsection (g), if a bidder has failed to be awarded a | contract after 4 consecutive bids to provide the same services | to the Department of Transportation, the Capital Development | Board, or the Illinois State Toll Highway Authority, the | applicable agency shall, in writing, detail why each of the 4 | bids was not awarded to the bidder. The applicable agency | shall submit by certified copy to the bidder the reason or | reasons why each of the 4 bids was not awarded to the bidder. | The agency shall submit that certified copy to the bidder | within the same calendar quarter in which the fourth bid was | rejected. | (h) Multi-step sealed bidding. When it is considered
| impracticable to initially prepare
a purchase description to | support an award based on price, an
invitation for bids may be | issued
requesting the submission of unpriced offers to be | followed by an
invitation for bids limited to
those bidders | whose offers have been qualified under the criteria
set forth | in the first solicitation.
|
| (i) Alternative procedures. Notwithstanding any other | provision of this Act to the contrary, the Director of the | Illinois Power Agency may create alternative bidding | procedures to be used in procuring professional services under | subsections (a) and (c) of Section 1-75 and subsection (d) of | Section 1-78 of the Illinois Power Agency Act and Section | 16-111.5(c) of the Public Utilities Act and to procure | renewable energy resources under Section 1-56 of the Illinois | Power Agency Act. These alternative procedures shall be set | forth together with the other criteria contained in the | invitation for bids, and shall appear in the appropriate | volume of the Illinois Procurement Bulletin.
| (j) Reverse auction. Notwithstanding any other provision | of this Section and in accordance with rules adopted by the | chief procurement officer, that chief procurement officer may | procure supplies or services through a competitive electronic | auction bidding process after the chief procurement officer | determines that the use of such a process will be in the best | interest of the State. The chief procurement officer shall | publish that determination in his or her next volume of the | Illinois Procurement Bulletin. | An invitation for bids shall be issued and shall include | (i) a procurement description, (ii) all contractual terms, | whenever practical, and (iii) conditions applicable to the | procurement, including a notice that bids will be received in | an electronic auction manner. |
| Public notice of the invitation for bids shall be given in | the same manner as provided in subsection (c). | Bids shall be accepted electronically at the time and in | the manner designated in the invitation for bids. During the | auction, a bidder's price shall be disclosed to other bidders. | Bidders shall have the opportunity to reduce their bid prices | during the auction. At the conclusion of the auction, the | record of the bid prices received and the name of each bidder | shall be open to public inspection. | After the auction period has terminated, withdrawal of | bids shall be permitted as provided in subsection (f). | The contract shall be awarded within 60 calendar days | after the auction by written notice to the lowest responsible | bidder, or all bids shall be rejected except as otherwise | provided in this Code. Extensions of the date for the award may | be made by mutual written consent of the State purchasing | officer and the lowest responsible bidder. | This subsection does not apply to (i) procurements of | professional and artistic services, (ii) telecommunications | services, communication services, and information services,
| and (iii) contracts for construction projects, including | design professional services. | (Source: P.A. 101-31, eff. 6-28-19; 101-657, eff. 1-1-22; | 102-29, eff. 6-25-21.)
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Effective Date: 1/1/2024
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