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30 ILCS 500/20-30
(30 ILCS 500/20-30)
(a) Conditions for use. In accordance with standards set by
rule, a purchasing
agency may make emergency procurements without competitive sealed
bidding or prior notice
when there exists a threat to public health or public safety, or
when immediate expenditure is
necessary for repairs to State property in order to protect
against further loss of or damage to
State property, to prevent or minimize serious disruption in critical State
services that affect health, safety, or collection of substantial State revenues, or to ensure the
integrity of State records; provided, however, that the term of the emergency purchase shall be limited to the time reasonably needed for a competitive procurement, not to exceed 90 calendar days. A contract may be extended beyond 90 calendar days if the chief procurement officer determines additional time is necessary and that the contract scope and duration are limited to the emergency. Prior to execution of the extension, the chief procurement officer must hold a public hearing and provide written justification for all emergency contracts. Members of the public may present testimony. Emergency procurements shall be made
with as much competition
as is practicable under the circumstances.
description of the basis for the emergency and reasons for the
selection of the particular
contractor shall be included in the contract file.
(b) Notice. Notice of all emergency procurements shall be provided to the Procurement Policy Board and published in the online electronic Bulletin no later than 5 calendar days after the contract is awarded. Notice of intent to extend an emergency contract shall be provided to the Procurement Policy Board and published in the online electronic Bulletin at least 14 calendar days before the public hearing. Notice shall include at least a description of the need for the emergency purchase, the contractor, and if applicable, the date, time, and location of the public hearing. A copy of this notice and all documents provided at the hearing shall be included in the subsequent Procurement Bulletin. Before the next appropriate volume of the Illinois Procurement
Bulletin, the purchasing agency shall publish in the
Illinois Procurement Bulletin a copy of each written description
and reasons and the total cost
of each emergency procurement made during the previous month.
When only an estimate of the
total cost is known at the time of publication, the estimate shall
be identified as an estimate and
published. When the actual total cost is determined, it shall
also be published in like manner
before the 10th day of the next succeeding month.
(c) Statements. A chief procurement officer making a procurement
under this Section shall file statements
with the Procurement Policy Board and the Auditor General within
10 calendar days
after the procurement setting
forth the amount expended, the name of the contractor involved,
and the conditions and
circumstances requiring the emergency procurement. When only an
estimate of the cost is
available within 10 calendar days after the procurement, the actual cost
shall be reported immediately
after it is determined. At the end of each fiscal quarter, the
Auditor General shall file with the
Legislative Audit Commission and the Governor a complete listing
of all emergency
procurements reported during that fiscal quarter. The Legislative
Audit Commission shall
review the emergency procurements so reported and, in its annual
reports, advise the General
Assembly of procurements that appear to constitute an abuse of
(d) Quick purchases. The chief procurement officer may promulgate rules
extending the circumstances by which a purchasing agency may make purchases
under this Section, including but not limited to the procurement of items
available at a discount for a limited period of time.
(e) The changes to this Section made by this amendatory Act of the 96th General Assembly apply to procurements executed on or after its effective date.
(Source: P.A. 100-43, eff. 8-9-17.)