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| Public Act 098-1038 | ||||
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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 15-25 as follows: | ||||
(30 ILCS 500/15-25) | ||||
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
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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,
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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. Notice of each and every contract that | ||
is let, 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.
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(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
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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, with the assistance of the applicable chief | ||
procurement officer, 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.
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(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).
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(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.
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(f) Each chief procurement officer shall, in consultation | ||
with the agencies under his or her jurisdiction, 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. 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); | ||
96-1444, eff. 8-20-10; 97-895, eff. 8-3-12.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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