Sen. Terry Link

Filed: 5/17/2019





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2    AMENDMENT NO. ______. Amend House Bill 2594 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Governmental Joint Purchasing Act is
5amended by changing Section 2 as follows:
6    (30 ILCS 525/2)  (from Ch. 85, par. 1602)
7    Sec. 2. Joint purchasing authority.
8    (a) Any governmental unit, except a governmental unit
9subject to the jurisdiction of a chief procurement officer
10established in Section 10-20 of the Illinois Procurement Code,
11may purchase personal property, supplies and services jointly
12with one or more other governmental units. All such joint
13purchases shall be by competitive solicitation as provided in
14Section 4, except as otherwise provided in this Act. The
15provisions of any other acts under which a governmental unit
16operates which refer to purchases and procedures in connection



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1therewith shall be superseded by the provisions of this Act
2when the governmental units are exercising the joint powers
3created by this Act.
4    (a-5) Except as otherwise provided under subsection (a-6),
5for For purchases made by a governmental unit subject to the
6jurisdiction of a chief procurement officer established in
7Section 10-20 of the Illinois Procurement Code, the applicable
8chief procurement officer established in Section 10-20 of the
9Illinois Procurement Code may authorize the purchase of
10supplies and services jointly with a governmental unit of this
11State, governmental entity of another state, or with a
12consortium of governmental entities of one or more other
13states, except as otherwise provided in this Act. Subject to
14provisions of the joint purchasing solicitation, the
15appropriate chief procurement officer may designate the
16resulting contract as available to governmental units in
18    (a-6) Notwithstanding any provision of law to the contrary,
19including the provisions of subsection (a-5), State agencies
20are hereby authorized to purchase supplies and services made
21available by federal competitive ordering and contracting
22processes, and as allowed for by the federal government for
23state governmental entities. Procurements made by State
24agencies under this subsection (a-6) are presumptively
25approved methods of source selection under Section 20-5 of the
26Illinois Procurement Code without further source selection



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1approval required from the chief procurement officers
2established under Section 10-20 of the Illinois Procurement
4    (a-10) Each chief procurement officer appointed pursuant
5to Section 10-20 of the Illinois Procurement Code, with joint
6agreement of the respective agency or institution, may
7authorize the purchase or lease of supplies and services which
8have been procured through a competitive process by a federal
9agency; a consortium of governmental, educational, medical,
10research, or similar entities; or a group purchasing
11organization of which the chief procurement officer or State
12agency is a member or affiliate, including, without limitation,
13any purchasing entity operating under the federal General
14Services Administration, the Higher Education Cooperation Act,
15and the Midwestern Higher Education Compact Act. Each
16applicable chief procurement officer may authorize purchases
17and contracts which have been procured through other methods of
18procurement if each chief procurement officer determines it is
19in the best interests of the State, considering a
20recommendation by their respective agencies or institutions.
21The chief procurement officer may establish detailed rules,
22policies, and procedures for use of these cooperative
23contracts. Notice of award shall be published by the chief
24procurement officer in the Illinois Procurement Bulletin at
25least prior to use of the contract. Each chief procurement
26officer shall submit to the General Assembly by November 1 of



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1each year a report of procurements made under this subsection
3    (b) Any not-for-profit agency that qualifies under Section
445-35 of the Illinois Procurement Code and that either (1) acts
5pursuant to a board established by or controlled by a unit of
6local government or (2) receives grant funds from the State or
7from a unit of local government, shall be eligible to
8participate in contracts established by the State.
9    (c) For governmental units subject to the jurisdiction of a
10chief procurement officer established in Section 10-20 of the
11Illinois Procurement Code, if any contract or amendment to a
12contract is entered into or purchase or expenditure of funds is
13made at any time in violation of this Act or any other law, the
14contract or amendment may be declared void by the chief
15procurement officer or may be ratified and affirmed, if the
16chief procurement officer determines that ratification is in
17the best interests of the governmental unit. If the contract or
18amendment is ratified and affirmed, it shall be without
19prejudice to the governmental unit's rights to any appropriate
21    (d) This Section does not apply to construction-related
22professional services contracts awarded in accordance with the
23provisions of the Architectural, Engineering, and Land
24Surveying Qualifications Based Selection Act.
25(Source: P.A. 100-43, eff. 8-9-17.)".