Sen. Terry Link

Filed: 5/20/2019





10100HB2594sam002LRB101 08438 TAE 60872 a


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1therewith shall be superseded by the provisions of this Act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), the Division of
20Forensic Services of the Department of State Police is hereby
21authorized to purchase supplies and services made available by
22federal competitive ordering and contracting processes, and as
23allowed for by the federal government for state governmental
24entities. Procurements made by the Division of Forensic
25Services under this subsection (a-6) are presumptively
26approved methods of source selection under Section 20-5 of the



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1Illinois Procurement Code without further source selection
2approval required from the chief procurement officers
3established under Section 10-20 of the Illinois Procurement
5    (a-10) Each chief procurement officer appointed pursuant
6to Section 10-20 of the Illinois Procurement Code, with joint
7agreement of the respective agency or institution, may
8authorize the purchase or lease of supplies and services which
9have been procured through a competitive process by a federal
10agency; a consortium of governmental, educational, medical,
11research, or similar entities; or a group purchasing
12organization of which the chief procurement officer or State
13agency is a member or affiliate, including, without limitation,
14any purchasing entity operating under the federal General
15Services Administration, the Higher Education Cooperation Act,
16and the Midwestern Higher Education Compact Act. Each
17applicable chief procurement officer may authorize purchases
18and contracts which have been procured through other methods of
19procurement if each chief procurement officer determines it is
20in the best interests of the State, considering a
21recommendation by their respective agencies or institutions.
22The chief procurement officer may establish detailed rules,
23policies, and procedures for use of these cooperative
24contracts. Notice of award shall be published by the chief
25procurement officer in the Illinois Procurement Bulletin at
26least prior to use of the contract. Each chief procurement



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1officer shall submit to the General Assembly by November 1 of
2each year a report of procurements made under this subsection
4    (b) Any not-for-profit agency that qualifies under Section
545-35 of the Illinois Procurement Code and that either (1) acts
6pursuant to a board established by or controlled by a unit of
7local government or (2) receives grant funds from the State or
8from a unit of local government, shall be eligible to
9participate in contracts established by the State.
10    (c) For governmental units subject to the jurisdiction of a
11chief procurement officer established in Section 10-20 of the
12Illinois Procurement Code, if any contract or amendment to a
13contract is entered into or purchase or expenditure of funds is
14made at any time in violation of this Act or any other law, the
15contract or amendment may be declared void by the chief
16procurement officer or may be ratified and affirmed, if the
17chief procurement officer determines that ratification is in
18the best interests of the governmental unit. If the contract or
19amendment is ratified and affirmed, it shall be without
20prejudice to the governmental unit's rights to any appropriate
22    (d) This Section does not apply to construction-related
23professional services contracts awarded in accordance with the
24provisions of the Architectural, Engineering, and Land
25Surveying Qualifications Based Selection Act.
26(Source: P.A. 100-43, eff. 8-9-17.)".