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| Public Act 103-0558 | ||||
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AN ACT concerning finance.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Procurement Code is amended by | ||||
changing Section 20-10 as follows:
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(30 ILCS 500/20-10)
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(Text of Section from P.A. 96-159, 96-588, 97-96, 97-895, | ||||
98-1076, 99-906, 100-43, 101-31, 101-657, and 102-29) | ||||
Sec. 20-10. Competitive sealed bidding; reverse auction.
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(a) Conditions for use. All contracts shall be awarded by
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competitive sealed bidding
except as otherwise provided in | ||||
Section 20-5.
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(b) Invitation for bids. An invitation for bids shall be
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issued and shall include a
purchase description and the | ||||
material contractual terms and
conditions applicable to the
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procurement.
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(c) Public notice. Public notice of the invitation for | ||||
bids shall be
published in the Illinois Procurement Bulletin | ||||
at least 14 calendar days before the date
set in the invitation | ||||
for the opening of bids.
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(d) Bid opening. Bids shall be opened publicly or through | ||||
an electronic procurement system in the
presence of one or | ||||
more witnesses
at the time and place designated in the | ||||
invitation for bids. The
name of each bidder, including earned | ||
and applied bid credit from the Illinois Works Jobs Program | ||
Act, the amount
of each bid, and other relevant information as | ||
may be specified by
rule shall be
recorded. After the award of | ||
the contract, the winning bid and the
record of each | ||
unsuccessful bid shall be open to
public inspection.
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(e) Bid acceptance and bid evaluation. Bids shall be
| ||
unconditionally accepted without
alteration or correction, | ||
except as authorized in this Code. Bids
shall be evaluated | ||
based on the
requirements set forth in the invitation for | ||
bids, which may
include criteria to determine
acceptability | ||
such as inspection, testing, quality, workmanship,
delivery, | ||
and suitability for a
particular purpose. Those criteria that | ||
will affect the bid price and be considered in evaluation
for | ||
award, such as discounts, transportation costs, and total or
| ||
life cycle costs, shall be
objectively measurable. The | ||
invitation for bids shall set forth
the evaluation criteria to | ||
be used.
| ||
(f) Correction or withdrawal of bids. Correction or
| ||
withdrawal of inadvertently
erroneous bids before or after | ||
award, or cancellation of awards of
contracts based on bid
| ||
mistakes, shall be permitted in accordance with rules.
After | ||
bid opening, no
changes in bid prices or other provisions of | ||
bids prejudicial to
the interest of the State or fair
| ||
competition shall be permitted. All decisions to permit the
| ||
correction or withdrawal of bids
based on bid mistakes shall | ||
be supported by written determination
made by a State | ||
purchasing officer.
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(g) Award. The contract shall be awarded with reasonable
| ||
promptness by written notice
to the lowest responsible and | ||
responsive bidder whose bid meets
the requirements and | ||
criteria
set forth in the invitation for bids, except when a | ||
State purchasing officer
determines it is not in the best | ||
interest of the State and by written
explanation determines | ||
another bidder shall receive the award. The explanation
shall | ||
appear in the appropriate volume of the Illinois Procurement | ||
Bulletin. The written explanation must include:
| ||
(1) a description of the agency's needs; | ||
(2) a determination that the anticipated cost will be | ||
fair and reasonable; | ||
(3) a listing of all responsible and responsive | ||
bidders; and | ||
(4) the name of the bidder selected, the total | ||
contract price, and the reasons for selecting that bidder. | ||
Each chief procurement officer may adopt guidelines to | ||
implement the requirements of this subsection (g). | ||
The written explanation shall be filed with the | ||
Legislative Audit Commission, and the Commission on Equity and | ||
Inclusion, and the Procurement Policy Board, and be made | ||
available for inspection by the public, within 14 calendar | ||
days after the agency's decision to award the contract. | ||
(g-5) Failed bid notice. In addition to the requirements | ||
of subsection (g), if a bidder has failed to be awarded a | ||
contract after 4 consecutive bids to provide the same services | ||
to the Department of Transportation, the Capital Development | ||
Board, or the Illinois State Toll Highway Authority, the | ||
applicable agency shall, in writing, detail why each of the 4 | ||
bids was not awarded to the bidder. The applicable agency | ||
shall submit by certified copy to the bidder the reason or | ||
reasons why each of the 4 bids was not awarded to the bidder. | ||
The agency shall submit that certified copy to the bidder | ||
within the same calendar quarter in which the fourth bid was | ||
rejected. | ||
(h) Multi-step sealed bidding. When it is considered
| ||
impracticable to initially prepare
a purchase description to | ||
support an award based on price, an
invitation for bids may be | ||
issued
requesting the submission of unpriced offers to be | ||
followed by an
invitation for bids limited to
those bidders | ||
whose offers have been qualified under the criteria
set forth | ||
in the first solicitation.
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(i) Alternative procedures. Notwithstanding any other | ||
provision of this Act to the contrary, the Director of the | ||
Illinois Power Agency may create alternative bidding | ||
procedures to be used in procuring professional services under | ||
Section 1-56, subsections (a) and (c) of Section 1-75 and | ||
subsection (d) of Section 1-78 of the Illinois Power Agency | ||
Act and Section 16-111.5(c) of the Public Utilities Act and to | ||
procure renewable energy resources under Section 1-56 of the | ||
Illinois Power Agency Act. These alternative procedures shall | ||
be set forth together with the other criteria contained in the | ||
invitation for bids, and shall appear in the appropriate | ||
volume of the Illinois Procurement Bulletin.
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(j) Reverse auction. Notwithstanding any other provision | ||
of this Section and in accordance with rules adopted by the | ||
chief procurement officer, that chief procurement officer may | ||
procure supplies or services through a competitive electronic | ||
auction bidding process after the chief procurement officer | ||
determines that the use of such a process will be in the best | ||
interest of the State. The chief procurement officer shall | ||
publish that determination in his or her next volume of the | ||
Illinois Procurement Bulletin. | ||
An invitation for bids shall be issued and shall include | ||
(i) a procurement description, (ii) all contractual terms, | ||
whenever practical, and (iii) conditions applicable to the | ||
procurement, including a notice that bids will be received in | ||
an electronic auction manner. | ||
Public notice of the invitation for bids shall be given in | ||
the same manner as provided in subsection (c). | ||
Bids shall be accepted electronically at the time and in | ||
the manner designated in the invitation for bids. During the | ||
auction, a bidder's price shall be disclosed to other bidders. | ||
Bidders shall have the opportunity to reduce their bid prices | ||
during the auction. At the conclusion of the auction, the | ||
record of the bid prices received and the name of each bidder | ||
shall be open to public inspection. | ||
After the auction period has terminated, withdrawal of | ||
bids shall be permitted as provided in subsection (f). | ||
The contract shall be awarded within 60 calendar days | ||
after the auction by written notice to the lowest responsible | ||
bidder, or all bids shall be rejected except as otherwise | ||
provided in this Code. Extensions of the date for the award may | ||
be made by mutual written consent of the State purchasing | ||
officer and the lowest responsible bidder. | ||
This subsection does not apply to (i) procurements of | ||
professional and artistic services, (ii) telecommunications | ||
services, communication services, and information services, | ||
and (iii) contracts for construction projects, including | ||
design professional services. | ||
(Source: P.A. 100-43, eff. 8-9-17; 101-31, eff. 6-28-19; | ||
101-657, eff. 1-1-22; 102-29, eff. 6-25-21.)
| ||
(Text of Section from P.A. 96-159, 96-795, 97-96, 97-895, | ||
98-1076, 99-906, 100-43, 101-31, 101-657, and 102-29)
| ||
Sec. 20-10. Competitive sealed bidding; reverse auction.
| ||
(a) Conditions for use. All contracts shall be awarded by
| ||
competitive sealed bidding
except as otherwise provided in | ||
Section 20-5.
| ||
(b) Invitation for bids. An invitation for bids shall be
| ||
issued and shall include a
purchase description and the | ||
material contractual terms and
conditions applicable to the
| ||
procurement.
| ||
(c) Public notice. Public notice of the invitation for | ||
bids shall be
published in the Illinois Procurement Bulletin | ||
at least 14 calendar days before the date
set in the invitation | ||
for the opening of bids.
| ||
(d) Bid opening. Bids shall be opened publicly or through | ||
an electronic procurement system in the
presence of one or | ||
more witnesses
at the time and place designated in the | ||
invitation for bids. The
name of each bidder, including earned | ||
and applied bid credit from the Illinois Works Jobs Program | ||
Act, the amount
of each bid, and other relevant information as | ||
may be specified by
rule shall be
recorded. After the award of | ||
the contract, the winning bid and the
record of each | ||
unsuccessful bid shall be open to
public inspection.
| ||
(e) Bid acceptance and bid evaluation. Bids shall be
| ||
unconditionally accepted without
alteration or correction, | ||
except as authorized in this Code. Bids
shall be evaluated | ||
based on the
requirements set forth in the invitation for | ||
bids, which may
include criteria to determine
acceptability | ||
such as inspection, testing, quality, workmanship,
delivery, | ||
and suitability for a
particular purpose. Those criteria that | ||
will affect the bid price and be considered in evaluation
for | ||
award, such as discounts, transportation costs, and total or
| ||
life cycle costs, shall be
objectively measurable. The | ||
invitation for bids shall set forth
the evaluation criteria to | ||
be used.
| ||
(f) Correction or withdrawal of bids. Correction or
| ||
withdrawal of inadvertently
erroneous bids before or after | ||
award, or cancellation of awards of
contracts based on bid
| ||
mistakes, shall be permitted in accordance with rules.
After | ||
bid opening, no
changes in bid prices or other provisions of | ||
bids prejudicial to
the interest of the State or fair
| ||
competition shall be permitted. All decisions to permit the
| ||
correction or withdrawal of bids
based on bid mistakes shall | ||
be supported by written determination
made by a State | ||
purchasing officer.
| ||
(g) Award. The contract shall be awarded with reasonable
| ||
promptness by written notice
to the lowest responsible and | ||
responsive bidder whose bid meets
the requirements and | ||
criteria
set forth in the invitation for bids, except when a | ||
State purchasing officer
determines it is not in the best | ||
interest of the State and by written
explanation determines | ||
another bidder shall receive the award. The explanation
shall | ||
appear in the appropriate volume of the Illinois Procurement | ||
Bulletin. The written explanation must include:
| ||
(1) a description of the agency's needs; | ||
(2) a determination that the anticipated cost will be | ||
fair and reasonable; | ||
(3) a listing of all responsible and responsive | ||
bidders; and | ||
(4) the name of the bidder selected, the total | ||
contract price, and the reasons for selecting that bidder. | ||
Each chief procurement officer may adopt guidelines to | ||
implement the requirements of this subsection (g). | ||
The written explanation shall be filed with the | ||
Legislative Audit Commission, and the Commission on Equity and | ||
Inclusion, and the Procurement Policy Board, and be made | ||
available for inspection by the public, within 14 days after | ||
the agency's decision to award the contract. | ||
(g-5) Failed bid notice. In addition to the requirements | ||
of subsection (g), if a bidder has failed to be awarded a | ||
contract after 4 consecutive bids to provide the same services | ||
to the Department of Transportation, the Capital Development | ||
Board, or the Illinois State Toll Highway Authority, the | ||
applicable agency shall, in writing, detail why each of the 4 | ||
bids was not awarded to the bidder. The applicable agency | ||
shall submit by certified copy to the bidder the reason or | ||
reasons why each of the 4 bids was not awarded to the bidder. | ||
The agency shall submit that certified copy to the bidder | ||
within the same calendar quarter in which the fourth bid was | ||
rejected. | ||
(h) Multi-step sealed bidding. When it is considered
| ||
impracticable to initially prepare
a purchase description to | ||
support an award based on price, an
invitation for bids may be | ||
issued
requesting the submission of unpriced offers to be | ||
followed by an
invitation for bids limited to
those bidders | ||
whose offers have been qualified under the criteria
set forth | ||
in the first solicitation.
| ||
(i) Alternative procedures. Notwithstanding any other | ||
provision of this Act to the contrary, the Director of the | ||
Illinois Power Agency may create alternative bidding | ||
procedures to be used in procuring professional services under | ||
subsections (a) and (c) of Section 1-75 and subsection (d) of | ||
Section 1-78 of the Illinois Power Agency Act and Section | ||
16-111.5(c) of the Public Utilities Act and to procure | ||
renewable energy resources under Section 1-56 of the Illinois | ||
Power Agency Act. These alternative procedures shall be set | ||
forth together with the other criteria contained in the | ||
invitation for bids, and shall appear in the appropriate | ||
volume of the Illinois Procurement Bulletin.
| ||
(j) Reverse auction. Notwithstanding any other provision | ||
of this Section and in accordance with rules adopted by the | ||
chief procurement officer, that chief procurement officer may | ||
procure supplies or services through a competitive electronic | ||
auction bidding process after the chief procurement officer | ||
determines that the use of such a process will be in the best | ||
interest of the State. The chief procurement officer shall | ||
publish that determination in his or her next volume of the | ||
Illinois Procurement Bulletin. | ||
An invitation for bids shall be issued and shall include | ||
(i) a procurement description, (ii) all contractual terms, | ||
whenever practical, and (iii) conditions applicable to the | ||
procurement, including a notice that bids will be received in | ||
an electronic auction manner. | ||
Public notice of the invitation for bids shall be given in | ||
the same manner as provided in subsection (c). | ||
Bids shall be accepted electronically at the time and in | ||
the manner designated in the invitation for bids. During the | ||
auction, a bidder's price shall be disclosed to other bidders. | ||
Bidders shall have the opportunity to reduce their bid prices | ||
during the auction. At the conclusion of the auction, the | ||
record of the bid prices received and the name of each bidder | ||
shall be open to public inspection. | ||
After the auction period has terminated, withdrawal of | ||
bids shall be permitted as provided in subsection (f). | ||
The contract shall be awarded within 60 calendar days | ||
after the auction by written notice to the lowest responsible | ||
bidder, or all bids shall be rejected except as otherwise | ||
provided in this Code. Extensions of the date for the award may | ||
be made by mutual written consent of the State purchasing | ||
officer and the lowest responsible bidder. | ||
This subsection does not apply to (i) procurements of | ||
professional and artistic services, (ii) telecommunications | ||
services, communication services, and information services,
| ||
and (iii) contracts for construction projects, including | ||
design professional services. | ||
(Source: P.A. 101-31, eff. 6-28-19; 101-657, eff. 1-1-22; | ||
102-29, eff. 6-25-21.)
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