HB4136 EngrossedLRB097 16932 PJG 62120 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 Illinois Procurement Code is amended by
5changing Sections 15-1, 15-25, 15-30, and by adding Section
615-35 as follows:
7    (30 ILCS 500/15-1)
8    Sec. 15-1. Publisher. Each chief procurement officer, in
9consultation with the agencies under his or her jurisdiction,
10possesses the rights to and is the authority The Department of
11Central Management Services is the State agency responsible for
12publishing its volume volumes of the Illinois Procurement
13Bulletin. The Capital Development Board is responsible for
14publishing its volumes of the Illinois Procurement Bulletin.
15The Department of Transportation is responsible for publishing
16its volumes of the Illinois Procurement Bulletin. The higher
17education chief procurement officer is responsible for
18publishing the higher education volumes of the Illinois
19Procurement Bulletin. The Illinois Power Agency is the State
20agency responsible for publishing its volumes of the Illinois
21Procurement Bulletin.
22    Each volume of the Illinois Procurement Bulletin shall be
23available electronically and may be available in print.



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1References in this Code to the publication and distribution of
2the Illinois Procurement Bulletin include both its print and
3electronic formats.
4(Source: P.A. 95-481, eff. 8-28-07.)
5    (30 ILCS 500/15-25)
6    Sec. 15-25. Bulletin content.
7    (a) Invitations for bids. Notice of each and every contract
8that is offered, including renegotiated contracts and change
9orders, shall be published in the Bulletin, and all businesses
10listed on the Department of Transportation Disadvantaged
11Business Enterprise Directory, the Department of Central
12Management Services Business Enterprise Program and Small
13Business Vendors Directory, and the Capital Development
14Board's Directory of Certified Minority and Female Business
15Enterprises shall be furnished written instructions and
16information on how to register on each Procurement Bulletin
17maintained by the State. Such information shall be provided to
18each business within 30 days after the business' notice of
19certification. The applicable chief procurement officer may
20provide by rule an organized format for the publication of this
21information, but in any case it must include at least the date
22first offered, the date submission of offers is due, the
23location that offers are to be submitted to, the purchasing
24State agency, the responsible State purchasing officer, a brief
25purchase description, the method of source selection,



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1information of how to obtain a comprehensive purchase
2description and any disclosure and contract forms, and
3encouragement to prospective vendors to hire qualified
4veterans, as defined by Section 45-67 of this Code, and
5qualified Illinois minorities, women, persons with
6disabilities, and residents discharged from any Illinois adult
7correctional center.
8    (b) Contracts let. Notice of each and every contract that
9is let, including renegotiated contracts and change orders,
10shall be issued electronically to those bidders or offerors
11submitting responses to the solicitations, inclusive of the
12unsuccessful bidders, immediately upon contract let. Failure
13of any chief procurement officer to give such notice shall
14result in tolling the time for filing a bid protest up to 5
15business days. The apparent low bidder's award and all other
16bids from bidders responding to solicitations shall be posted
17on the agency's website the next business day.
18    (b-5) Contracts awarded. Notice of each and every contract
19that is awarded, including renegotiated contracts and change
20orders, shall be issued electronically to the successful
21responsible bidder or offeror, posted on the agency's website
22the next business day, and published in the next available
23subsequent Bulletin. The applicable chief procurement officer
24may provide by rule an organized format for the publication of
25this information, but in any case it must include at least all
26of the information specified in subsection (a) as well as the



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1name of the successful responsible bidder or offeror, the
2contract price, the number of unsuccessful responsive bidders,
3and any other disclosure specified in any Section of this Code.
4This notice must be posted in the online electronic Bulletin
5prior to execution of the contract.
6    (c) Emergency purchase disclosure. Any chief procurement
7officer or State purchasing officer exercising emergency
8purchase authority under this Code shall publish a written
9description and reasons and the total cost, if known, or an
10estimate if unknown and the name of the responsible chief
11procurement officer and State purchasing officer, and the
12business or person contracted with for all emergency purchases
13in the next timely, practicable Bulletin. This notice must be
14posted in the online electronic Bulletin no later than 3
15business days after the contract is awarded. Notice of a
16hearing to extend an emergency contract must be posted in the
17online electronic Procurement Bulletin no later than 5 business
18days prior to the hearing.
19    (c-5) Business Enterprise Program report. Each purchasing
20agency shall, with the assistance of the applicable chief
21procurement officer, post in the online electronic Bulletin a
22copy of its annual report of utilization of businesses owned by
23minorities, females, and persons with disabilities as
24submitted to the Business Enterprise Council for Minorities,
25Females, and Persons with Disabilities pursuant to Section 6(c)
26of the Business Enterprise for Minorities, Females, and Persons



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1with Disabilities Act within 10 business days after its
2submission of its report to the Council.
3    (c-10) Renewals. Notice of each contract renewal shall be
4posted in the online electronic Bulletin within 10 business
5days of the determination to renew the contract and the next
6available subsequent Bulletin. The notice shall include at
7least all of the information required in subsection (b).
8    (c-15) Sole source procurements. Before entering into a
9sole source contract, a chief procurement officer exercising
10sole source procurement authority under this Code shall publish
11a written description of intent to enter into a sole source
12contract along with a description of the item to be procured
13and the intended sole source contractor. This notice must be
14posted in the online electronic Procurement Bulletin before a
15sole source contract is awarded and at least 14 days before the
16hearing required by Section 20-25.
17    (d) Other required disclosure. The applicable chief
18procurement officer shall provide by rule for the organized
19publication of all other disclosure required in other Sections
20of this Code in a timely manner.
21    (e) The changes to subsections (b), (c), (c-5), (c-10), and
22(c-15) of this Section made by this amendatory Act of the 96th
23General Assembly apply to reports submitted, offers made, and
24notices on contracts executed on or after its effective date.
25    (f) Each The Department of Central Management Services, the
26Capital Development Board, the Department of Transportation,



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1and the higher education chief procurement officer shall, in
2consultation with the agencies under his or her jurisdiction,
3provide the Procurement Policy Board with the information and
4resources necessary, and in a manner, to effectuate the purpose
5of this amendatory Act of the 96th General Assembly.
6(Source: P.A. 95-536, eff. 1-1-08; 96-795, eff. 7-1-10 (see
7Section 5 of P.A. 96-793 for the effective date of changes made
8by P.A. 96-795); 96-1444, eff. 8-20-10.)
9    (30 ILCS 500/15-30)
10    Sec. 15-30. Electronic Bulletin clearinghouse.
11    (a) The Procurement Policy Board shall maintain on its
12official website a searchable database containing all
13information required to be included in the Illinois Procurement
14Bulletin under subsections (b), (c), (c-10), and (c-15) of
15Section 15-25 and all information required to be disclosed
16under Section 50-41. The posting of procurement information on
17the website is subject to the same posting requirements as the
18online electronic Bulletin.
19    (b) For the purposes of this Section, searchable means
20searchable and sortable by successful responsible bidder or
21offeror or, for emergency purchases, business or person
22contracted with; the contract price or total cost; the service
23or good; the purchasing State agency; and the date first
24offered or announced.
25    (c) The applicable chief procurement officer shall provide



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1the Procurement Policy Board the information and resources
2necessary, and in a manner, to effectuate the purpose of this
4(Source: P.A. 95-536, eff. 1-1-08; 96-795, eff. 7-1-10 (see
5Section 5 of P.A. 96-793 for the effective date of changes made
6by P.A. 96-795).)
7    (30 ILCS 500/15-35 new)
8    Sec. 15-35. Vendor portal. Each chief procurement officer
9may, in consultation with the agencies under his or her
10jurisdiction and the Procurement Policy Board, establish a
11vendor portal. The vendor portal shall allow a prospective
12vendor to provide certifications, disclosures, registrations,
13and other documentation needed to do business with a State
14agency in advance of any particular procurement. A prospective
15vendor who registers with the vendor portal and provides this
16information may submit its registration number, with a
17confirmation that the portal information remains current, as
18part of its response to a competitive selection or a
19contracting process, rather than submit the same information in
20full. One or more chief procurement officers may jointly
21operate a vendor portal if a single portal would better serve
22the needs of the State agencies and the vendor community. A
23chief procurement officer may accept, for use on procurements
24and contracts under his or her jurisdiction, the registration
25from another chief procurement officer's vendor portal. This



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1Section applies notwithstanding any laws to the contrary except
2for later enacted laws that specifically refer to this Section.
3    Nothing in this Section shall preclude a State agency from
4implementing its own pre-qualification, certification,
5disclosure, and registration requirements necessary to conduct
6and manage its program operation.
7    This Section does not apply to any contract for any project
8as to which federal funds are available for expenditure when
9its provisions may be in conflict with federal law or federal
11    Section 99. Effective date. This Act takes effect upon
12becoming law.