HB4737 EngrossedLRB103 35707 HLH 65783 b

1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Governmental Joint Purchasing Act is
5amended by changing Section 4 as follows:
 
6    (30 ILCS 525/4)  (from Ch. 85, par. 1604)
7    Sec. 4. Bids, offers, and small purchases. The purchases
8of all personal property, supplies and services under this
9Act, except for small purchases, shall be based on competitive
10solicitations unless, for purchases made pursuant to
11subsection (a) of Section 2 of this Act, it is the
12determination of the applicable chief procurement officer that
13it is impractical to obtain competition. Purchases pursuant to
14this Section shall follow the same procedures used for
15competitive solicitations made pursuant to the Illinois
16Procurement Code when the State is a party to the joint
17purchase. For purchases made pursuant to subsection (a) of
18Section 2 of this Act where the applicable chief procurement
19officer makes the determination that it is impractical to
20obtain competition, purchases shall either follow the same
21procedure used for sole source procurements in Section 20-25
22of the Illinois Procurement Code or the same procedure used
23for emergency purchases in Section 20-30 of the Illinois

 

 

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1Procurement Code. For purchases pursuant to subsection (a) of
2Section 2, bids and offers shall be solicited by public notice
3inserted at least once in a newspaper of general circulation
4in one of the counties where the materials are to be used and
5at least 5 calendar days before the final date of submitting
6bids or offers, except as otherwise provided in this Section.
7Where the State of Illinois is a party to the joint purchase
8agreement, public notice soliciting the bids or offers shall
9be published in the appropriate volume of the Illinois
10Procurement Bulletin. Such notice shall include a general
11description of the supplies or services to be purchased and
12shall state where specifications may be obtained and the time
13and place for the opening of bids and offers. The governmental
14unit conducting the competitive procurement process may also
15solicit sealed bids or offers by sending requests by mail to
16potential contractors and by posting notices on a public
17bulletin board in its office. Small purchases pursuant to this
18Section shall follow the same procedure used for small
19purchases in Section 20-20 of the Illinois Procurement Code.
20    All purchases, orders or contracts shall be awarded to the
21lowest responsible bidder or highest-ranked offeror, as ranked
22by the cooperative purchasing program, or, if not ranked by
23the cooperative purchasing program then by the purchasing
24governmental unit, when the purchasing governmental unit
25determines that the selected contract best meets the
26governmental unit's needs, taking into consideration the

 

 

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1qualities of the articles or services supplied, their
2conformity with the specifications, their suitability to the
3requirements of the participating governmental units and the
4delivery terms. A governmental unit may purchase a supply or
5service that is available on contracts from multiple
6contractors if the governmental unit determines that the
7selected contract best meets the governmental unit's needs.
8    Where the State of Illinois is not a party, all bids or
9offers may be rejected and new bids or offers solicited if one
10or more of the participating governmental units believes the
11public interest may be served thereby. Each bid or offer, with
12the name of the bidder or offeror, shall be entered on a
13record, which record with the successful bid or offer,
14indicated thereon shall, after the award of the purchase or
15order or contract, be open to public inspection. A copy of all
16contracts shall be filed with the purchasing office or clerk
17or secretary of each participating governmental unit.
18(Source: P.A. 100-43, eff. 8-9-17.)