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


Rep. Frank J. Mautino

Filed: 3/23/2012





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2    AMENDMENT NO. ______. Amend House Bill 4136 by replacing
3everything after the enacting clause with the following:
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. Each chief procurement officer, in
8consultation with the agencies under his or her jurisdiction,
9possesses the rights to and is the authority The Department of
10Central Management Services is the State agency responsible for
11publishing its volume volumes of the Illinois Procurement
12Bulletin. The Capital Development Board is responsible for
13publishing its volumes of the Illinois Procurement Bulletin.
14The Department of Transportation is responsible for publishing
15its volumes of the Illinois Procurement Bulletin. The higher
16education chief procurement officer is responsible for



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1publishing the higher education volumes of the Illinois
2Procurement Bulletin. The Illinois Power Agency is the State
3agency responsible for publishing its volumes of the Illinois
4Procurement Bulletin.
5    Each volume of the Illinois Procurement Bulletin shall be
6available electronically and may be available in print.
7References in this Code to the publication and distribution of
8the Illinois Procurement Bulletin include both its print and
9electronic formats.
10(Source: P.A. 95-481, eff. 8-28-07.)
11    (30 ILCS 500/15-25)
12    Sec. 15-25. Bulletin content.
13    (a) Invitations for bids. Notice of each and every contract
14that is offered, including renegotiated contracts and change
15orders, shall be published in the Bulletin, and all businesses
16listed on the Department of Transportation Disadvantaged
17Business Enterprise Directory, the Department of Central
18Management Services Business Enterprise Program and Small
19Business Vendors Directory, and the Capital Development
20Board's Directory of Certified Minority and Female Business
21Enterprises shall be furnished written instructions and
22information on how to register on each Procurement Bulletin
23maintained by the State. Such information shall be provided to
24each business within 30 days after the business' notice of
25certification. The applicable chief procurement officer may



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



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1responsible bidder or offeror, posted on the agency's website
2the next business day, and published in the next available
3subsequent Bulletin. The applicable chief procurement officer
4may provide by rule an organized format for the publication of
5this information, but in any case it must include at least all
6of the information specified in subsection (a) as well as the
7name of the successful responsible bidder or offeror, the
8contract price, the number of unsuccessful responsive bidders,
9and any other disclosure specified in any Section of this Code.
10This notice must be posted in the online electronic Bulletin
11prior to execution of the contract.
12    (c) Emergency purchase disclosure. Any chief procurement
13officer or State purchasing officer exercising emergency
14purchase authority under this Code shall publish a written
15description and reasons and the total cost, if known, or an
16estimate if unknown and the name of the responsible chief
17procurement officer and State purchasing officer, and the
18business or person contracted with for all emergency purchases
19in the next timely, practicable Bulletin. This notice must be
20posted in the online electronic Bulletin no later than 3
21business days after the contract is awarded. Notice of a
22hearing to extend an emergency contract must be posted in the
23online electronic Procurement Bulletin no later than 5 business
24days prior to the hearing.
25    (c-5) Business Enterprise Program report. Each purchasing
26agency shall, with the assistance of the applicable chief



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1procurement officer, post in the online electronic Bulletin a
2copy of its annual report of utilization of businesses owned by
3minorities, females, and persons with disabilities as
4submitted to the Business Enterprise Council for Minorities,
5Females, and Persons with Disabilities pursuant to Section 6(c)
6of the Business Enterprise for Minorities, Females, and Persons
7with Disabilities Act within 10 business days after its
8submission of its report to the Council.
9    (c-10) Renewals. Notice of each contract renewal shall be
10posted in the online electronic Bulletin within 10 business
11days of the determination to renew the contract and the next
12available subsequent Bulletin. The notice shall include at
13least all of the information required in subsection (b).
14    (c-15) Sole source procurements. Before entering into a
15sole source contract, a chief procurement officer exercising
16sole source procurement authority under this Code shall publish
17a written description of intent to enter into a sole source
18contract along with a description of the item to be procured
19and the intended sole source contractor. This notice must be
20posted in the online electronic Procurement Bulletin before a
21sole source contract is awarded and at least 14 days before the
22hearing required by Section 20-25.
23    (d) Other required disclosure. The applicable chief
24procurement officer shall provide by rule for the organized
25publication of all other disclosure required in other Sections
26of this Code in a timely manner.



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1    (e) The changes to subsections (b), (c), (c-5), (c-10), and
2(c-15) of this Section made by this amendatory Act of the 96th
3General Assembly apply to reports submitted, offers made, and
4notices on contracts executed on or after its effective date.
5    (f) Each The Department of Central Management Services, the
6Capital Development Board, the Department of Transportation,
7and the higher education chief procurement officer shall, in
8consultation with the agencies under his or her jurisdiction,
9provide the Procurement Policy Board with the information and
10resources necessary, and in a manner, to effectuate the purpose
11of this amendatory Act of the 96th General Assembly.
12(Source: P.A. 95-536, eff. 1-1-08; 96-795, eff. 7-1-10 (see
13Section 5 of P.A. 96-793 for the effective date of changes made
14by P.A. 96-795); 96-1444, eff. 8-20-10.)
15    (30 ILCS 500/15-30)
16    Sec. 15-30. Electronic Bulletin clearinghouse.
17    (a) The Procurement Policy Board shall maintain on its
18official website a searchable database containing all
19information required to be included in the Illinois Procurement
20Bulletin under subsections (b), (c), (c-10), and (c-15) of
21Section 15-25 and all information required to be disclosed
22under Section 50-41. The posting of procurement information on
23the website is subject to the same posting requirements as the
24online electronic Bulletin.
25    (b) For the purposes of this Section, searchable means



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1searchable and sortable by successful responsible bidder or
2offeror or, for emergency purchases, business or person
3contracted with; the contract price or total cost; the service
4or good; the purchasing State agency; and the date first
5offered or announced.
6    (c) The applicable chief procurement officer shall provide
7the Procurement Policy Board the information and resources
8necessary, and in a manner, to effectuate the purpose of this
10(Source: P.A. 95-536, eff. 1-1-08; 96-795, eff. 7-1-10 (see
11Section 5 of P.A. 96-793 for the effective date of changes made
12by P.A. 96-795).)
13    (30 ILCS 500/15-35 new)
14    Sec. 15-35. Vendor portal. Each chief procurement officer
15may, in consultation with the agencies under his or her
16jurisdiction and the Procurement Policy Board, establish a
17vendor portal. The vendor portal shall allow a prospective
18vendor to provide certifications, disclosures, registrations,
19and other documentation needed to do business with a State
20agency in advance of any particular procurement. A prospective
21vendor who registers with the vendor portal and provides this
22information may submit its registration number, with a
23confirmation that the portal information remains current, as
24part of its response to a competitive selection or a
25contracting process, rather than submit the same information in



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1full. One or more chief procurement officers may jointly
2operate a vendor portal if a single portal would better serve
3the needs of the State agencies and the vendor community. A
4chief procurement officer may accept, for use on procurements
5and contracts under his or her jurisdiction, the registration
6from another chief procurement officer's vendor portal. This
7Section applies notwithstanding any laws to the contrary except
8for later enacted laws that specifically refer to this Section.
9    Nothing in this Section shall preclude a State agency from
10implementing its own pre-qualification, certification,
11disclosure, and registration requirements necessary to conduct
12and manage its program operation.
13    This Section does not apply to any contract for any project
14as to which federal funds are available for expenditure when
15its provisions may be in conflict with federal law or federal
17    Section 99. Effective date. This Act takes effect upon
18becoming law.".