Sen. Dan Kotowski
Filed: 3/16/2010
 
 

 




 

 		












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AMENDMENT TO SENATE BILL 375




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    AMENDMENT NO. ______. Amend Senate Bill 375 by replacing 
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everything after the enacting clause with the following:

 
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    "Section 5. The Illinois Procurement Code is amended  by 
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changing Sections 20-25 and 20-60 as follows:
 


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    (30 ILCS 500/20-25)


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    (Text of Section before amendment by P.A. 96-795)

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    Sec. 20-25. Sole source procurements. In accordance with

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standards set by rule,
contracts may be awarded without use of 
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the specified
method of source selection when
there is only one 
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economically feasible source for the item.  At
least 2 weeks 
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before entering
into a sole source contract, the purchasing 
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agency shall publish
in the Illinois Procurement
Bulletin a 
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notice of intent to do so along with a description of
the item 
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to be procured and the
intended sole source contractor.

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(Source: P.A. 90-572, eff. date - See Sec. 99-5.)

 
 


 






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    (Text of Section after amendment by P.A. 96-795)

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    Sec. 20-25. Sole source procurements. 
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    (a) In accordance with
standards set by rule,
contracts may 
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be awarded without use of the specified
method of source 
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selection when
there is only one economically feasible source 
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for the item. A State contract may not be awarded as a sole 
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source procurement unless approved by the chief procurement 
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officer following a public hearing at which the chief 
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procurement officer and purchasing agency present written 
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justification for the procurement method. The Procurement 
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Policy Board and the public may present testimony.
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    (b) This Section may not be used as a basis for amending a 
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contract for professional or artistic services if the amendment 
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would result in an increase in the amount paid under the 
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contract of more than 5% of the initial award, or would extend 
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the contract term beyond the time reasonably needed for a 
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competitive procurement, not to exceed 2 months.
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    (c) Notice of intent to enter into a sole source contract 
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shall be provided to the Procurement Policy Board and published 
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in the online electronic Bulletin at least 14 days before the 
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public hearing required in subsection (a). The notice shall 
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include the sole source procurement justification form 
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prescribed by the Board, a description of the item to be 
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procured, the intended sole source contractor, and the date, 
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time, and location of the public hearing. A copy of the notice 
 


 






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and all documents provided at the hearing shall be included in 
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the subsequent Procurement Bulletin. 

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    (d) Each chief procurement officer shall annually submit a 
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report to the General Assembly detailing each contract the 
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officer sought sole source as a procurement method and the 
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justification given for seeking sole source as the procurement 
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method for that contract. 
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(Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793 
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for the effective date of changes made by P.A. 96-795).)

 
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    (30 ILCS 500/20-60)
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    Sec. 20-60. Duration of contracts; renewal or extension. 
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    (a) Maximum duration.   A contract, other than a contract 
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entered into pursuant to the State University Certificates of 
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Participation Act, may be entered into for
any period of time 
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deemed
to be in the best interests of the State but not

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exceeding 10 years inclusive, beginning January 1, 2010,  of 
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proposed contract renewals.  The length of
a lease for real 
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property or capital improvements shall be in
accordance with 
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the provisions of
Section 40-25. A contract for bond or 
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mortgage insurance awarded by the Illinois Housing Development 
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Authority, however, may be entered into for any period of time 
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less than or equal to the maximum period of time that the 
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subject bond or mortgage may remain outstanding.

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    (b) Subject to appropriation.  All contracts made or entered

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into shall recite that they are
subject to termination and 
 


 






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cancellation in any year for which the
General Assembly fails 
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to make
an appropriation to make payments under the terms of 
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the contract.
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    (c) Renewal or extension. Notwithstanding any other 
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provisions of this Code, no contract entered into under this 
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Code may be renewed or extended by the State if the total value 
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of the contract for the initial and all renewed or extended 
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terms exceeds $249,999. Instead, a new contract must be let by 
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competitive bid. This subsection does not apply to any 
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emergency procurement or any procurement exempted by Section 
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1-10(b) of this Code. 
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(Source: P.A. 95-344, eff. 8-21-07; 96-15, eff. 6-22-09; 
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96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793 for the 
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effective date of changes made by P.A. 96-795).)
 
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    Section 95. No acceleration or delay. Where this Act makes 
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changes in a statute that is represented in this Act by text 
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that is not yet or no longer in effect (for example, a Section 
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represented by multiple versions), the use of that text does 
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not accelerate or delay the taking effect of (i) the changes 
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made by this Act or (ii) provisions derived from any other 
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Public Act.
 

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    Section 99. Effective date. This Act takes effect upon 
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becoming law.".