(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 with the approval of the chief procurement officer. Prior to execution of the extension, the chief procurement officer shall receive written justification for the extension. The duration of the extension shall be limited to the scope of the emergency. Emergency procurements shall be made
with as much competition
as is practicable under the circumstances, and agencies shall use best efforts to include contractors certified under the Business Enterprise Program in the agencies' emergency procurement process.
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 the Commission on Equity and Inclusion and published in the online electronic Bulletin no later than 5 calendar days after the contract is awarded. Notice of the extension of an emergency contract shall be provided to the Procurement Policy Board and the Commission on Equity and Inclusion and published in the online electronic Bulletin no later than 7 calendar days after the extension is executed. Notice shall include at least a description of the need for the emergency purchase and the contractor. A copy of this notice 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, the Commission on Equity and Inclusion, 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.
(d-5) The chief procurement officer shall adopt rules regarding the use of contractors certified in the Business Enterprise Program in emergency and quick purchase procurements.
(e) The changes to this Section made by this amendatory Act of the 102nd General Assembly apply to procurements executed on or after its effective date.
(Source: P.A. 101-657, eff. 1-1-22; 102-29, eff. 6-25-21; 102-1119, eff. 1-23-23.)