Full Text of SB2894 96th General Assembly
SB2894sam001 96TH GENERAL ASSEMBLY
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Sen. Chris Lauzen
Filed: 3/11/2010
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09600SB2894sam001 |
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LRB096 16972 JAM 38712 a |
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| AMENDMENT TO SENATE BILL 2894
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| AMENDMENT NO. ______. Amend Senate Bill 2894 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Illinois Procurement Code is amended by | 5 |
| changing Section 20-10 as follows: | 6 |
| (30 ILCS 500/20-10) | 7 |
| (Text of Section from P.A. 96-159 and 96-588) | 8 |
| Sec. 20-10. Competitive sealed bidding; reverse auction. | 9 |
| (a) Conditions for use. All contracts shall be awarded by
| 10 |
| competitive sealed bidding
except as otherwise provided in | 11 |
| Section 20-5. | 12 |
| (b) Invitation for bids. An invitation for bids shall be
| 13 |
| issued and shall include a
purchase description and the | 14 |
| material contractual terms and
conditions applicable to the
| 15 |
| procurement. | 16 |
| (c) Public notice. Public notice of the invitation for bids |
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LRB096 16972 JAM 38712 a |
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| shall be
published in the Illinois Procurement Bulletin at | 2 |
| least 14 days before the date
set in the invitation for the | 3 |
| opening of bids. | 4 |
| (d) Bid opening. Bids shall be opened publicly in the
| 5 |
| presence of one or more witnesses
at the time and place | 6 |
| designated in the invitation for bids. The
name of each bidder, | 7 |
| the amount
of each bid, and other relevant information as may | 8 |
| be specified by
rule shall be
recorded. After the award of the | 9 |
| contract, the winning bid and the
record of each unsuccessful | 10 |
| bid shall be open to
public inspection. | 11 |
| (e) Bid acceptance and bid evaluation. Bids shall be
| 12 |
| unconditionally accepted without
alteration or correction, | 13 |
| except as authorized in this Code. Bids
shall be evaluated | 14 |
| based on the
requirements set forth in the invitation for bids, | 15 |
| which may
include criteria to determine
acceptability such as | 16 |
| inspection, testing, quality, workmanship,
delivery, and | 17 |
| suitability for a
particular purpose. Those criteria that will | 18 |
| affect the bid price
and be considered in evaluation
for award, | 19 |
| such as discounts, transportation costs, and total or
life | 20 |
| cycle costs, shall be
objectively measurable. The invitation | 21 |
| for bids shall set forth
the evaluation criteria to be used. | 22 |
| (f) Correction or withdrawal of bids. Correction or
| 23 |
| withdrawal of inadvertently
erroneous bids before or after | 24 |
| award, or cancellation of awards of
contracts based on bid
| 25 |
| mistakes, shall be permitted in accordance with rules.
After | 26 |
| bid opening, no
changes in bid prices or other provisions of |
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LRB096 16972 JAM 38712 a |
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| bids prejudicial to
the interest of the State or fair
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| competition shall be permitted. All decisions to permit the
| 3 |
| correction or withdrawal of bids
based on bid mistakes shall be | 4 |
| supported by written determination
made by a State purchasing | 5 |
| officer. | 6 |
| (g) Award. The contract shall be awarded with reasonable
| 7 |
| promptness by written notice
to the lowest responsible and | 8 |
| responsive bidder whose bid meets
the requirements and criteria
| 9 |
| set forth in the invitation for bids, except when a State | 10 |
| purchasing officer
determines it is not in the best interest of | 11 |
| the State and by written
explanation determines another bidder | 12 |
| shall receive the award. The explanation
shall appear in the | 13 |
| appropriate volume of the Illinois Procurement Bulletin. | 14 |
| (h) Multi-step sealed bidding. When it is considered
| 15 |
| impracticable to initially prepare
a purchase description to | 16 |
| support an award based on price, an
invitation for bids may be | 17 |
| issued
requesting the submission of unpriced offers to be | 18 |
| followed by an
invitation for bids limited to
those bidders | 19 |
| whose offers have been qualified under the criteria
set forth | 20 |
| in the first solicitation. | 21 |
| (i) Alternative procedures. Notwithstanding any other | 22 |
| provision of this Act to the contrary, the Director of the | 23 |
| Illinois Power Agency may create alternative bidding | 24 |
| procedures to be used in procuring professional services under | 25 |
| Section 1-75(a) of the Illinois Power Agency Act and Section | 26 |
| 16-111.5(c) of the Public Utilities Act and to procure |
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09600SB2894sam001 |
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LRB096 16972 JAM 38712 a |
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| renewable energy resources under Section 1-56 of the Illinois | 2 |
| Power Agency Act. These alternative procedures shall be set | 3 |
| forth together with the other criteria contained in the | 4 |
| invitation for bids, and shall appear in the appropriate volume | 5 |
| of the Illinois Procurement Bulletin.
| 6 |
| (j) Reverse auction. Notwithstanding any other provision | 7 |
| of this Section and in accordance with rules adopted by the | 8 |
| Director of Central Management Services as chief procurement | 9 |
| officer, a State purchasing officer under that chief | 10 |
| procurement officer's jurisdiction may procure supplies or | 11 |
| services through a competitive electronic auction bidding | 12 |
| process after the purchasing officer explains in writing to the | 13 |
| chief procurement officer his or her determination that the use | 14 |
| of such a process will be in the best interest of the State. | 15 |
| The chief procurement officer shall publish that determination | 16 |
| in his or her next volume of the Illinois Procurement Bulletin. | 17 |
| An invitation for bids shall be issued and shall include | 18 |
| (i) a procurement description, (ii) all contractual terms, | 19 |
| whenever practical, and (iii) conditions applicable to the | 20 |
| procurement, including a notice that bids will be received in | 21 |
| an electronic auction manner. | 22 |
| Public notice of the invitation for bids shall be given in | 23 |
| the same manner as provided in subsection (c). | 24 |
| Bids shall be accepted electronically at the time and in | 25 |
| the manner designated in the invitation for bids. During the | 26 |
| auction, a bidder's price shall be disclosed to other bidders. |
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09600SB2894sam001 |
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LRB096 16972 JAM 38712 a |
|
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| Bidders shall have the opportunity to reduce their bid prices | 2 |
| during the auction. At the conclusion of the auction, the | 3 |
| record of the bid prices received and the name of each bidder | 4 |
| shall be open to public inspection. | 5 |
| After the auction period has terminated, withdrawal of bids | 6 |
| shall be permitted as provided in subsection (f). | 7 |
| The contract shall be awarded within 60 days after the | 8 |
| auction by written notice to the lowest responsible bidder, or | 9 |
| all bids shall be rejected except as otherwise provided in this | 10 |
| Code. Extensions of the date for the award may be made by | 11 |
| mutual written consent of the State purchasing officer and the | 12 |
| lowest responsible bidder. | 13 |
| This subsection does not apply to (i) procurements of | 14 |
| professional and artistic services, including but not limited | 15 |
| to telecommunications services, communications services, | 16 |
| Internet services, and information services , and (ii) | 17 |
| contracts for construction projects . | 18 |
| (Source: P.A. 95-481, eff. 8-28-07; 96-159, eff. 8-10-09; | 19 |
| 96-588, eff. 8-18-09; revised 11-4-09 .) | 20 |
| (Text of Section from P.A. 96-159 and 96-795) | 21 |
| (This Section may contain text from a Public Act with a | 22 |
| delayed effective date ) | 23 |
| Sec. 20-10. Competitive sealed bidding; reverse auction. | 24 |
| (a) Conditions for use. All contracts shall be awarded by
| 25 |
| competitive sealed bidding
except as otherwise provided in |
|
|
|
09600SB2894sam001 |
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LRB096 16972 JAM 38712 a |
|
| 1 |
| Section 20-5. | 2 |
| (b) Invitation for bids. An invitation for bids shall be
| 3 |
| issued and shall include a
purchase description and the | 4 |
| material contractual terms and
conditions applicable to the
| 5 |
| procurement. | 6 |
| (c) Public notice. Public notice of the invitation for bids | 7 |
| shall be
published in the Illinois Procurement Bulletin at | 8 |
| least 14 days before the date
set in the invitation for the | 9 |
| opening of bids. | 10 |
| (d) Bid opening. Bids shall be opened publicly in the
| 11 |
| presence of one or more witnesses
at the time and place | 12 |
| designated in the invitation for bids. The
name of each bidder, | 13 |
| the amount
of each bid, and other relevant information as may | 14 |
| be specified by
rule shall be
recorded. After the award of the | 15 |
| contract, the winning bid and the
record of each unsuccessful | 16 |
| bid shall be open to
public inspection. | 17 |
| (e) Bid acceptance and bid evaluation. Bids shall be
| 18 |
| unconditionally accepted without
alteration or correction, | 19 |
| except as authorized in this Code. Bids
shall be evaluated | 20 |
| based on the
requirements set forth in the invitation for bids, | 21 |
| which may
include criteria to determine
acceptability such as | 22 |
| inspection, testing, quality, workmanship,
delivery, and | 23 |
| suitability for a
particular purpose. Those criteria that will | 24 |
| affect the bid price
and be considered in evaluation
for award, | 25 |
| such as discounts, transportation costs, and total or
life | 26 |
| cycle costs, shall be
objectively measurable. The invitation |
|
|
|
09600SB2894sam001 |
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LRB096 16972 JAM 38712 a |
|
| 1 |
| for bids shall set forth
the evaluation criteria to be used. | 2 |
| (f) Correction or withdrawal of bids. Correction or
| 3 |
| withdrawal of inadvertently
erroneous bids before or after | 4 |
| award, or cancellation of awards of
contracts based on bid
| 5 |
| mistakes, shall be permitted in accordance with rules.
After | 6 |
| bid opening, no
changes in bid prices or other provisions of | 7 |
| bids prejudicial to
the interest of the State or fair
| 8 |
| competition shall be permitted. All decisions to permit the
| 9 |
| correction or withdrawal of bids
based on bid mistakes shall be | 10 |
| supported by written determination
made by a State purchasing | 11 |
| officer. | 12 |
| (g) Award. The contract shall be awarded with reasonable
| 13 |
| promptness by written notice
to the lowest responsible and | 14 |
| responsive bidder whose bid meets
the requirements and criteria
| 15 |
| set forth in the invitation for bids, except when a State | 16 |
| purchasing officer
determines it is not in the best interest of | 17 |
| the State and by written
explanation determines another bidder | 18 |
| shall receive the award. The explanation
shall appear in the | 19 |
| appropriate volume of the Illinois Procurement Bulletin. The | 20 |
| written explanation must include: | 21 |
| (1) a description of the agency's needs; | 22 |
| (2) a determination that the anticipated cost will be | 23 |
| fair and reasonable; | 24 |
| (3) a listing of all responsible and responsive | 25 |
| bidders; and | 26 |
| (4) the name of the bidder selected, pricing, and the |
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09600SB2894sam001 |
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LRB096 16972 JAM 38712 a |
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| reasons for selecting that bidder. | 2 |
| Each chief procurement officer may adopt guidelines to | 3 |
| implement the requirements of this subsection (g). | 4 |
| The written explanation shall be filed with the Legislative | 5 |
| Audit Commission and the Procurement Policy Board and be made | 6 |
| available for inspection by the public within 30 days after the | 7 |
| agency's decision to award the contract. | 8 |
| (h) Multi-step sealed bidding. When it is considered
| 9 |
| impracticable to initially prepare
a purchase description to | 10 |
| support an award based on price, an
invitation for bids may be | 11 |
| issued
requesting the submission of unpriced offers to be | 12 |
| followed by an
invitation for bids limited to
those bidders | 13 |
| whose offers have been qualified under the criteria
set forth | 14 |
| in the first solicitation. | 15 |
| (i) Alternative procedures. Notwithstanding any other | 16 |
| provision of this Act to the contrary, the Director of the | 17 |
| Illinois Power Agency may create alternative bidding | 18 |
| procedures to be used in procuring professional services under | 19 |
| Section 1-75(a) of the Illinois Power Agency Act and Section | 20 |
| 16-111.5(c) of the Public Utilities Act and to procure | 21 |
| renewable energy resources under Section 1-56 of the Illinois | 22 |
| Power Agency Act. These alternative procedures shall be set | 23 |
| forth together with the other criteria contained in the | 24 |
| invitation for bids, and shall appear in the appropriate volume | 25 |
| of the Illinois Procurement Bulletin.
| 26 |
| (j) Reverse auction. Notwithstanding any other provision |
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09600SB2894sam001 |
- 9 - |
LRB096 16972 JAM 38712 a |
|
| 1 |
| of this Section and in accordance with rules adopted by the | 2 |
| chief procurement officer, that chief procurement officer may | 3 |
| procure supplies or services through a competitive electronic | 4 |
| auction bidding process after the chief procurement officer | 5 |
| determines that the use of such a process will be in the best | 6 |
| interest of the State. The chief procurement officer shall | 7 |
| publish that determination in his or her next volume of the | 8 |
| Illinois Procurement Bulletin. | 9 |
| An invitation for bids shall be issued and shall include | 10 |
| (i) a procurement description, (ii) all contractual terms, | 11 |
| whenever practical, and (iii) conditions applicable to the | 12 |
| procurement, including a notice that bids will be received in | 13 |
| an electronic auction manner. | 14 |
| Public notice of the invitation for bids shall be given in | 15 |
| the same manner as provided in subsection (c). | 16 |
| Bids shall be accepted electronically at the time and in | 17 |
| the manner designated in the invitation for bids. During the | 18 |
| auction, a bidder's price shall be disclosed to other bidders. | 19 |
| Bidders shall have the opportunity to reduce their bid prices | 20 |
| during the auction. At the conclusion of the auction, the | 21 |
| record of the bid prices received and the name of each bidder | 22 |
| shall be open to public inspection. | 23 |
| After the auction period has terminated, withdrawal of bids | 24 |
| shall be permitted as provided in subsection (f). | 25 |
| The contract shall be awarded within 60 days after the | 26 |
| auction by written notice to the lowest responsible bidder, or |
|
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09600SB2894sam001 |
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LRB096 16972 JAM 38712 a |
|
| 1 |
| all bids shall be rejected except as otherwise provided in this | 2 |
| Code. Extensions of the date for the award may be made by | 3 |
| mutual written consent of the State purchasing officer and the | 4 |
| lowest responsible bidder. | 5 |
| This subsection does not apply to (i) procurements of | 6 |
| professional and artistic services, (ii) telecommunications | 7 |
| services, communication services, and information services ,
| 8 |
| and (iii) contracts for construction projects . | 9 |
| (Source: P.A. 95-481, eff. 8-28-07; 96-159, eff. 8-10-09; | 10 |
| 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793 for the | 11 |
| effective date of changes made by P.A. 96-795); revised | 12 |
| 11-4-09 .) | 13 |
| Section 10. The Local Government Electronic Reverse | 14 |
| Auction Act (enacted by P.A. 96-588) is amended by changing | 15 |
| Section 15 as follows: | 16 |
| (50 ILCS 530/15) | 17 |
| Sec. 15. Application. This Act does not apply to (i) | 18 |
| procurements of
professional and artistic services, including | 19 |
| but not limited to telecommunications services, communications | 20 |
| services, Internet services, and information services , and | 21 |
| (ii) contracts for construction projects . | 22 |
| (Source: P.A. 96-588, eff. 8-18-09.) | 23 |
| Section 95. No acceleration or delay. Where this Act makes |
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LRB096 16972 JAM 38712 a |
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| changes in a statute that is represented in this Act by text | 2 |
| that is not yet or no longer in effect (for example, a Section | 3 |
| represented by multiple versions), the use of that text does | 4 |
| not accelerate or delay the taking effect of (i) the changes | 5 |
| made by this Act or (ii) provisions derived from any other | 6 |
| Public Act.
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| Section 99. Effective date. This Act takes effect upon | 8 |
| becoming law.".
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