Illinois General Assembly - Full Text of HB4136
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Full Text of HB4136  97th General Assembly

HB4136 97TH GENERAL ASSEMBLY

  
  

 


 
97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB4136

 

Introduced 1/30/2012, by Rep. Frank J. Mautino

 

SYNOPSIS AS INTRODUCED:
 
30 ILCS 500/15-1
30 ILCS 500/15-25
30 ILCS 500/15-30
30 ILCS 500/15-35 new

    Amends the Illinois Procurement Code. Specifies that the chief procurement officers possess the rights to and are the authorities responsible for publishing their volumes of the Illinois Procurement Bulletin. Charges the chief procurement officers with providing (i) purchasing agencies with assistance when preparing their annual Business Enterprise Program reports and (ii) the Procurement Policy Board with the information and resources necessary to maintain its electronic bulletin clearinghouse. Provides that the chief procurement officers may create one or more electronic vendor portals to expedite the opportunity for bidders, offerors, subcontractors, or suppliers to participate in the solicitation process. Effective immediately.


LRB097 16932 PJG 62120 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB4136LRB097 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 15-35 as follows:
 
6    (30 ILCS 500/15-1)
7    Sec. 15-1. Publisher. The chief procurement officers
8possess the rights to and are the authorities The Department of
9Central Management Services is the State agency responsible for
10publishing their its volumes of the Illinois Procurement
11Bulletin. Two or more chief procurement officers may
12collaborate to consolidate their volumes. The Capital
13Development Board is responsible for publishing its volumes of
14the Illinois Procurement Bulletin. The Department of
15Transportation is responsible for publishing its volumes of the
16Illinois Procurement Bulletin. The higher education chief
17procurement officer is responsible for publishing the higher
18education volumes of the Illinois Procurement Bulletin. The
19Illinois Power Agency is the State agency responsible for
20publishing its volumes of the Illinois Procurement Bulletin.
21    Each volume of the Illinois Procurement Bulletin shall be
22available electronically and may be available in print.
23References in this Code to the publication and distribution of

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1Section.
2(Source: P.A. 95-536, eff. 1-1-08; 96-795, eff. 7-1-10 (see
3Section 5 of P.A. 96-793 for the effective date of changes made
4by P.A. 96-795).)
 
5    (30 ILCS 500/15-35 new)
6    Sec. 15-35. Vendor portal. The chief procurement officers
7may, in cooperation and coordination with each other, and in
8consultation with the Procurement Policy Board or designated
9staff thereof, create, operate, and maintain one or more
10electronic vendor portals for the purposes of identifying,
11pre-qualifying, certifying, registering, qualifying, and
12expediting the opportunity for bidders, offerors,
13subcontractors, or suppliers to participate in the
14solicitation process. Subject to the rulemaking provisions of
15the Illinois Administrative Procedure Act, each chief
16procurement officer may promulgate rules to implement and
17administer this Section.
 
18    Section 99. Effective date. This Act takes effect upon
19becoming law.