Public Act 096-1444
 
HB5065 EnrolledLRB096 17378 RCE 32730 b


  
    AN ACT concerning finance.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 3. The Illinois Procurement Code is amended  by 
changing Sections 15-15 and 15-25 as follows:
 
    (30 ILCS 500/15-15)
    Sec. 15-15. Publication. All volumes of the Illinois 
Procurement
Bulletin shall be published at least
once per 
month.  Any volume, including volumes available in print format,

shall be available through subscription for a
minimal fee not 
exceeding
publication and distribution costs.  The Illinois 
Procurement
Bulletin shall be distributed free to
public 
libraries within Illinois and electronically to any entity that 
has subscribed on the publishing entity's website.
(Source: P.A. 90-572, eff. date - See Sec. 99-5.)
 
    (30 ILCS 500/15-25)
    (Text of Section before amendment by P.A. 96-795)
    Sec. 15-25. Bulletin content. 
    (a) Invitations for bids.  Notice of each and every contract 
that is
offered, including renegotiated contracts and change 
orders,
shall be published in the Bulletin, and all businesses 
listed on the Department of Transportation Disadvantaged 
Business Enterprise Directory, the Department of Central 
Management Services Business Enterprise Program and Small 
Business Vendors Directory, and the Capital Development 
Board's Directory of Certified Minority and Female Business 
Enterprises shall be furnished written instructions and 
information on how to register on each Procurement Bulletin 
maintained by the State. Such information shall be provided to 
each business within 30 days after the business' notice of 
certification.  The applicable chief procurement officer
may 
provide by rule an organized format for the publication of this

information, but in any case it must include at least the date 
first offered,
the date submission of offers is due, the 
location that offers are to be
submitted to, the purchasing 
State agency, the responsible State purchasing
officer, a brief 
purchase description, the method of source selection,

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

    (b-5) Contracts awarded. Notice of each and every contract 
that is awarded, including renegotiated contracts and change 
orders, shall be issued electronically to the successful 
responsible bidder or offeror, posted on the agency's website 
the next business day, and published in the next available 
subsequent Bulletin. The applicable chief procurement officer 
may provide by rule an organized format for the publication of 
this information, but in any case it must include at least all 
of the information specified in subsection (a) as well as the 
name of the successful responsible bidder or offeror, the 
contract price, the number of unsuccessful responsive bidders, 
and any other disclosure specified in any Section of this Code. 
This notice must be posted in the online electronic Bulletin 
prior to execution of the contract. 
    (c) Emergency purchase disclosure.  Any chief procurement 
officer, State
purchasing officer, or designee exercising 
emergency purchase authority under
this Code shall publish a 
written description and reasons and the total cost,
if known, 
or an estimate if unknown and the name of the responsible chief

procurement officer and State purchasing officer, and the 
business or person
contracted with for all emergency purchases 
in
the next timely, practicable Bulletin. This notice must be 
posted  in the online electronic Bulletin within 3 business days 
after the execution of the contract.

    (d) Other required disclosure.  The applicable chief 
procurement officer
shall provide by rule for the organized 
publication of all other disclosure
required in other Sections 
of this Code in a timely manner.
    (e) The Department of Central Management Services, the 
Capital Development Board, the Department of Transportation, 
and the higher education chief procurement officer shall 
provide the Procurement Policy Board with the information and 
resources necessary, and in a manner, to effectuate the purpose 
of this amendatory Act of the 96th General Assembly. 
(Source: P.A. 94-1067, eff. 8-1-06; 95-536, eff. 1-1-08.)
 
    (Text of Section after amendment by P.A. 96-795)
    Sec. 15-25. Bulletin content. 
    (a) Invitations for bids.  Notice of each and every contract 
that is
offered, including renegotiated contracts and change 
orders,
shall be published in the Bulletin, and all businesses 
listed on the Department of Transportation Disadvantaged 
Business Enterprise Directory, the Department of Central 
Management Services Business Enterprise Program and Small 
Business Vendors Directory, and the Capital Development 
Board's Directory of Certified Minority and Female Business 
Enterprises shall be furnished written instructions and 
information on how to register on each Procurement Bulletin 
maintained by the State. Such information shall be provided to 
each business within 30 days after the business' notice of 
certification.  The applicable chief procurement officer
may 
provide by rule an organized format for the publication of this

information, but in any case it must include at least the date 
first offered,
the date submission of offers is due, the 
location that offers are to be
submitted to, the purchasing 
State agency, the responsible State purchasing
officer, a brief 
purchase description, the method of source selection,

information of how to obtain a comprehensive purchase 
description and any
disclosure and contract forms, and 
encouragement to  prospective vendors to hire qualified 
veterans, as defined  by Section 45-67 of this Code, and 
qualified Illinois minorities, women, persons with 
disabilities, and residents discharged from any Illinois adult 
correctional center.
    (b) Contracts let or awarded.  Notice of each and every 
contract that is let
or awarded, including renegotiated 
contracts and change orders, shall be issued electronically to 
those bidders or offerors submitting responses to the 
solicitations, inclusive of the unsuccessful bidders, 
immediately upon contract let. Failure of any chief procurement 
officer to give such notice shall result in tolling the time 
for filing a bid protest up to 5 business days. The apparent 
low bidder's award and all other bids from bidders responding 
to solicitations shall be posted on the agency's website the 
next business day
published in the next available subsequent 
Bulletin, and
the applicable chief procurement officer may  
provide by rule an organized
format for the publication
of
this 
information, but in any case it must include at least all of 
the
information specified in subsection (a), the name of the 
successful
responsible bidder or offeror, the contract price, 
the number of unsuccessful
responsive bidders, the information 
required in subsection (g) of Section 20-10 if applicable, and 
any other disclosure specified in any Section of this
Code. 
This notice must be posted in the online electronic Bulletin no 
later than 10 business days after the contract is awarded.

    (b-5) Contracts awarded. Notice of each and every contract 
that is awarded, including renegotiated contracts and change 
orders, shall be issued electronically to the successful 
responsible bidder or offeror, posted on the agency's website 
the next business day, and published in the next available 
subsequent Bulletin. The applicable chief procurement officer 
may provide by rule an organized format for the publication of 
this information, but in any case it must include at least all 
of the information specified in subsection (a) as well as the 
name of the successful responsible bidder or offeror, the 
contract price, the number of unsuccessful responsive bidders, 
and any other disclosure specified in any Section of this Code. 
This notice must be posted in the online electronic Bulletin 
prior to execution of the contract. 
    (c) Emergency purchase disclosure.  Any chief procurement 
officer or State
purchasing officer exercising emergency 
purchase authority under
this Code shall publish a written 
description and reasons and the total cost,
if known, or an 
estimate if unknown and the name of the responsible chief

procurement officer and State purchasing officer, and the 
business or person
contracted with for all emergency purchases 
in
the next timely, practicable Bulletin. This notice must be 
posted  in the online electronic Bulletin no later than 3 
business days after the contract is awarded.
Notice of a 
hearing to extend an emergency contract must be posted in the 
online electronic Procurement Bulletin no later than 5 business 
days prior to the hearing. 
    (c-5) Business Enterprise Program report. Each purchasing 
agency shall post in the online electronic Bulletin a copy of 
its annual report of utilization of businesses owned by 
minorities, females, and persons with disabilities as 
submitted to the Business Enterprise Council for Minorities, 
Females, and Persons with Disabilities pursuant to Section 6(c) 
of the Business Enterprise for Minorities, Females, and Persons 
with Disabilities Act within 10 business days after its 
submission of its report to the Council.

    (c-10) Renewals. Notice of each contract renewal shall be 
posted in the online electronic Bulletin within 10 business 
days of the determination to renew the contract and the next 
available subsequent Bulletin. The notice shall include at 
least all of the information required in subsection (b).

    (c-15) Sole source procurements. Before entering into a 
sole source contract, a chief procurement officer exercising 
sole source procurement authority under this Code shall publish 
a written description of intent to enter into a sole source 
contract along with a description of the item to be procured 
and the intended sole source contractor. This notice must be 
posted in the online electronic Procurement Bulletin before a 
sole source contract is awarded and at least 14 days before the 
hearing required by Section 20-25. 
    (d) Other required disclosure.  The applicable chief 
procurement officer
shall provide by rule for the organized 
publication of all other disclosure
required in other Sections 
of this Code in a timely manner.
    (e) The changes to subsections (b), (c), (c-5), (c-10), and 
(c-15) of this Section made by this amendatory Act of the 96th 
General Assembly apply to reports submitted, offers made, and 
notices on contracts executed on or after its effective date.

    (f) The Department of Central Management Services, the 
Capital Development Board, the Department of Transportation, 
and the higher education chief procurement officer shall 
provide the Procurement Policy Board with the information and 
resources necessary, and in a manner, to effectuate the purpose 
of this amendatory Act of the 96th General Assembly. 
(Source: P.A. 95-536, eff. 1-1-08; 96-795, eff. 7-1-10 (see 
Section 5 of P.A. 96-793 for the effective date of changes made 
by P.A. 96-795).)
 
    Section 5. The Business Enterprise for Minorities, 
Females, and Persons with
Disabilities Act is amended  by 
changing Section 9 as follows:
 



    (30 ILCS 575/9)  (from Ch. 127, par. 132.609)



    (Section scheduled to be repealed on June 30, 2010)

    Sec. 9. This Act is repealed June 30, 2012 2010. 
(Source: P.A. 95-776, eff. 8-4-08.)

 
    Section 95. No acceleration or delay. Where this Act makes 
changes in a statute that is represented in this Act by text 
that is not yet or no longer in effect (for example, a Section 
represented by multiple versions), the use of that text does 
not accelerate or delay the taking effect of (i) the changes 
made by this Act or (ii) provisions derived from any other 
Public Act.
 
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.