Illinois General Assembly

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Full Text of SB3294  97th General Assembly




State of Illinois
2011 and 2012


Introduced 2/7/2012, by Sen. Kirk W. Dillard


30 ILCS 525/2  from Ch. 85, par. 1602
30 ILCS 525/3  from Ch. 85, par. 1603
30 ILCS 525/4  from Ch. 85, par. 1604
30 ILCS 525/4.2  from Ch. 85, par. 1604.2

    Amends the Governmental Joint Purchasing Act. Provides that a chief procurement officer (now, the Department of Central Management Services) may authorize the purchase of personal property, supplies, and services jointly with a governmental entity of this or another state. Provides that, under a joint purchase agreement of governmental units, one of the governmental units shall conduct the competitive selection process (now, letting of bids). Provides that the purchase of all personal property, supplies, and services under the Act shall be based on competitive solicitations (now, competitive sealed bids). Effective immediately.

LRB097 17340 PJG 62541 b






SB3294LRB097 17340 PJG 62541 b

1    AN ACT concerning finance.
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 amended
5by changing Sections 2, 3, 4, and 4.2 as follows:
6    (30 ILCS 525/2)  (from Ch. 85, par. 1602)
7    Sec. 2. Joint purchasing authority.
8    (a) Any governmental unit may purchase personal property,
9supplies and services jointly with one or more other
10governmental units. All such joint purchases shall be by
11competitive solicitation bids as provided in Section 4 of this
12Act. The provisions of any other acts under which a
13governmental unit operates which refer to purchases and
14procedures in connection therewith shall be superseded by the
15provisions of this Act when the governmental units are
16exercising the joint powers created by this Act.
17    (a-5) A chief procurement officer established in Section
1810-20 of the Illinois Procurement Code The Department of
19Central Management Services may authorize the purchase of
20personal property, supplies, and services jointly with a
21governmental entity of this or another state or with a
22consortium of governmental entities of one or more other
23states. Subject to provisions of the joint purchasing



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1solicitation, the appropriate chief procurement officer
2Department of Central Management Services may designate the
3resulting contract as available to governmental units in
5    (b) Any not-for-profit agency that qualifies under Section
645-35 of the Illinois Procurement Code and that either (1) acts
7pursuant to a board established by or controlled by a unit of
8local government or (2) receives grant funds from the State or
9from a unit of local government, shall be eligible to
10participate in contracts established by the State.
11(Source: P.A. 96-584, eff. 1-1-10.)
12    (30 ILCS 525/3)  (from Ch. 85, par. 1603)
13    Sec. 3. Conduct of competitive selection bid-letting.
14Under any agreement of governmental units that desire to make
15joint purchases pursuant to subsection (a) of Section 2, one of
16the governmental units shall conduct the competitive selection
17process letting of bids. Where the State of Illinois is a party
18to the joint purchase agreement, the appropriate chief
19procurement officer Department of Central Management Services
20shall conduct or authorize the competitive selection process
21letting of bids. Expenses of such competitive selection process
22bid-letting may be shared by the participating governmental
23units in proportion to the amount of personal property,
24supplies or services each unit purchases.
25    When the State of Illinois is a party to the joint purchase



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1agreement pursuant to subsection (a) of Section 2, the
2acceptance of responses to the competitive selection process
3bids shall be in accordance with the Illinois Procurement Code
4and rules promulgated under that Code. When the State of
5Illinois is not a party to the joint purchase agreement, the
6acceptance of responses to the competitive selection process
7bids shall be governed by the agreement.
8    When the State of Illinois is a party to a joint purchase
9agreement pursuant to subsection (a-5) of Section 2, the State
10may act as the lead state or as a participant state. When the
11State of Illinois is the lead state, all such joint purchases
12shall be conducted in accordance with the Illinois Procurement
13Code. When Illinois is a participant state, all such joint
14purchases shall be conducted in accordance with the procurement
15laws of the lead state; provided that all such joint
16procurements must be by competitive solicitation process
17sealed bid. All resulting awards shall be published in the
18appropriate volume of the Illinois Procurement Bulletin as may
19be required by Illinois law governing publication of the
20solicitation, protest, and award of Illinois State contracts.
21Contracts resulting from a joint purchase shall contain all
22provisions required by Illinois law and rule.
23    The personal property, supplies or services involved shall
24be distributed or rendered directly to each governmental unit
25taking part in the purchase. The person selling the personal
26property, supplies or services may bill each governmental unit



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1separately for its proportionate share of the cost of the
2personal property, supplies or services purchased.
3    The credit or liability of each governmental unit shall
4remain separate and distinct. Disputes between bidders or
5proposers and governmental units shall be resolved between the
6immediate parties.
7(Source: P.A. 96-584, eff. 1-1-10.)
8    (30 ILCS 525/4)  (from Ch. 85, par. 1604)
9    Sec. 4. Bids and proposals. The purchases of all personal
10property, supplies and services under this Act shall be based
11on competitive solicitations , sealed bids. For purchases
12pursuant to subsection (a) of Section 2, bids and proposals
13shall be solicited by public notice inserted at least once in a
14newspaper of general circulation in one of the counties where
15the materials are to be used and at least 5 calendar days
16before the final date of submitting bids or proposals. Where
17the State of Illinois is a party to the joint purchase
18agreement, public notice soliciting the bids shall be published
19inserted in the appropriate volume of the Illinois Procurement
20Bulletin. Such notice shall include a general description of
21the personal property, supplies or services to be purchased and
22shall state where all blanks and specifications may be obtained
23and the time and place for the opening of bids and proposals.
24The governmental unit conducting the competitive selection
25process bid-letting may also solicit sealed bids or proposals



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1by sending requests by mail to prospective suppliers and by
2posting notices on a public bulletin board in its office.
3    All purchases, orders or contracts shall be awarded to the
4lowest responsible bidder or highest-ranked proposer, taking
5into consideration the qualities of the articles or services
6supplied, their conformity with the specifications, their
7suitability to the requirements of the participating
8governmental units and the delivery terms.
9    Where the State of Illinois is not a party, all bids or
10proposals may be rejected and new bids or proposals solicited
11if one or more of the participating governmental units believes
12the public interest may be served thereby. Each bid or
13proposal, with the name of the bidder or proposer, shall be
14entered on a record, which record with the successful bid or
15proposal indicated thereon shall, after the award of the
16purchase or order or contract, be open to public inspection. A
17copy of all contracts shall be filed with the purchasing office
18agent or clerk or secretary of each participating governmental
20(Source: P.A. 96-584, eff. 1-1-10.)
21    (30 ILCS 525/4.2)  (from Ch. 85, par. 1604.2)
22    Sec. 4.2. Any governmental unit may, without violating any
23bidding requirement otherwise applicable to it, procure
24personal property, supplies and services under any contract let
25by the State pursuant to lawful procurement procedures.



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1Purchases made by the State of Illinois must be approved or
2authorized by the appropriate chief procurement officer.
3(Source: P.A. 87-960.)
4    Section 99. Effective date. This Act takes effect upon
5becoming law.