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92_HB3143ham001
LRB9206785MWpkam06
1 AMENDMENT TO HOUSE BILL 3143
2 AMENDMENT NO. . Amend House Bill 3143 by replacing
3 the title with the following:
4 "AN ACT concerning procurement."; and
5 by replacing everything after the enacting clause with the
6 following:
7 "Section 5. The Legislative Audit Commission Act is
8 amended by changing Section 3 as follows:
9 (25 ILCS 150/3) (from Ch. 63, par. 106)
10 Sec. 3. The Commission shall receive the reports of the
11 Auditor General and other financial statements and shall
12 determine what remedial measures, if any, are needed, and
13 whether special studies and investigations are necessary. If
14 the Commission shall deem such studies and investigations to
15 be necessary, the Commission may direct the Auditor General
16 to undertake such studies or investigations.
17 The Commission or 3 members of the Commission may direct
18 the Auditor General to conduct an audit of the procurement
19 practices of a State agency when a State purchasing officer
20 has determined, pursuant to subsection (g) of Section 20-10
21 of the Illinois Procurement Code, that it is not in the best
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1 interests of the State to award a contract to the lowest
2 responsible and responsive bidder.
3 When a disagreement between the Audit Commission and an
4 agency under the Governor's jurisdiction arises in the
5 process of the Audit Commission's review of audit reports
6 relating to such agency, the Audit Commission shall promptly
7 advise the Governor of such areas of disagreement. The
8 Governor shall respond to the Audit Commission within a
9 reasonable period of time, and in no event later than 60
10 days, expressing his views concerning such areas of
11 disagreement and indicating the corrective action taken by
12 his office with reference thereto or, if no action is taken,
13 indicating the reasons therefor.
14 The Audit Commission also promptly shall advise all other
15 responsible officials of the Executive, Judicial and
16 Legislative branches of the State government of areas of
17 disagreement arising in the process of the Commission's
18 review of their respective audit reports. With reference to
19 his particular office, each such responsible official shall
20 respond to the Audit Commission within a reasonable period of
21 time, and in no event later than 60 days, expressing his view
22 concerning such areas of disagreement and indicating the
23 corrective action taken with reference thereto or stating the
24 reasons that no action has been taken.
25 The Commission shall report its activities to the General
26 Assembly including such remedial measures as it deems to be
27 necessary. The report of the Commission shall be made to the
28 General Assembly not less often than annually and not later
29 than March 1 in each year.
30 The requirement for reporting to the General Assembly
31 shall be satisfied by filing copies of the report with the
32 Speaker, the Minority Leader and the Clerk of the House of
33 Representatives and the President, the Minority Leader and
34 the Secretary of the Senate and the Legislative Research
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1 Unit, as required by Section 3.1 of "An Act to revise the law
2 in relation to the General Assembly", approved February 25,
3 1874, as amended, and filing such additional copies with the
4 State Government Report Distribution Center for the General
5 Assembly as is required under paragraph (t) of Section 7 of
6 the State Library Act.
7 In addition, the Commission has the powers and duties
8 provided for in the "Illinois State Auditing Act", enacted by
9 the 78th General Assembly, and, if the provisions of that Act
10 are conflict with those of this Act, that Act prevails.
11 (Source: P.A. 84-1438.)
12 Section 10. The Illinois State Auditing Act is amended
13 by changing Section 3-1 as follows:
14 (30 ILCS 5/3-1) (from Ch. 15, par. 303-1)
15 (Text of Section before amendment by P.A. 91-935)
16 Sec. 3-1. Jurisdiction of Auditor General. The Auditor
17 General has jurisdiction over all State agencies to make post
18 audits and investigations authorized by or under this Act or
19 the Constitution.
20 The Auditor General has jurisdiction over local
21 government agencies and private agencies only:
22 (a) to make such post audits authorized by or under
23 this Act as are necessary and incidental to a post audit
24 of a State agency or of a program administered by a State
25 agency involving public funds of the State, but this
26 jurisdiction does not include any authority to review
27 local governmental agencies in the obligation, receipt,
28 expenditure or use of public funds of the State that are
29 granted without limitation or condition imposed by law,
30 other than the general limitation that such funds be used
31 for public purposes;
32 (b) to make investigations authorized by or under
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1 this Act or the Constitution; and
2 (c) to make audits of the records of local
3 government agencies to verify actual costs of
4 state-mandated programs when directed to do so by the
5 Legislative Audit Commission at the request of the State
6 Board of Appeals under the State Mandates Act.
7 At the end of each fiscal quarter, the Auditor General
8 must file with the Legislative Audit Commission and the
9 Governor a complete listing of all contracts awarded to a
10 bidder other than the lowest responsible and responsive
11 bidder that are reported to him or her under subsection (g)
12 of Section 20-10 of the Illinois Procurement Code during that
13 fiscal quarter. The Legislative Audit Commission must review
14 those contracts and, in its annual reports, advise the
15 General Assembly of contracts that appear to constitute an
16 abuse of subsection (g) of Section 20-10 of the Illinois
17 Procurement Code. The Auditor General must conduct an audit
18 of the procurement practices of a State agency when directed
19 to do so by the Legislative Audit Commission or by 3 members
20 of the Commission as provided in Section 3 of the Legislative
21 Audit Commission Act.
22 In addition to the foregoing, the Auditor General may
23 conduct an audit of the Metropolitan Pier and Exposition
24 Authority, the Regional Transportation Authority, the
25 Suburban Bus Division, the Commuter Rail Division and the
26 Chicago Transit Authority and any other subsidized carrier
27 when authorized by the Legislative Audit Commission. Such
28 audit may be a financial, management or program audit, or any
29 combination thereof.
30 The audit shall determine whether they are operating in
31 accordance with all applicable laws and regulations. Subject
32 to the limitations of this Act, the Legislative Audit
33 Commission may by resolution specify additional
34 determinations to be included in the scope of the audit.
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1 The Auditor General may also conduct an audit, when
2 authorized by the Legislative Audit Commission, of any
3 hospital which receives 10% or more of its gross revenues
4 from payments from the State of Illinois, Department of
5 Public Aid, Medical Assistance Program.
6 The Auditor General is authorized to conduct financial
7 and compliance audits of the Illinois Distance Learning
8 Foundation and the Illinois Conservation Foundation.
9 As soon as practical after the effective date of this
10 amendatory Act of 1995, the Auditor General shall conduct a
11 compliance and management audit of the City of Chicago and
12 any other entity with regard to the operation of Chicago
13 O'Hare International Airport, Chicago Midway Airport and
14 Merrill C. Meigs Field. The audit shall include, but not be
15 limited to, an examination of revenues, expenses, and
16 transfers of funds; purchasing and contracting policies and
17 practices; staffing levels; and hiring practices and
18 procedures. When completed, the audit required by this
19 paragraph shall be distributed in accordance with Section
20 3-14.
21 The Auditor General shall conduct a financial and
22 compliance and program audit of distributions from the
23 Municipal Economic Development Fund during the immediately
24 preceding calendar year pursuant to Section 8-403.1 of the
25 Public Utilities Act at no cost to the city, village, or
26 incorporated town that received the distributions.
27 The Auditor General must conduct an audit of the Health
28 Facilities Planning Board pursuant to Section 19.5 of the
29 Illinois Health Facilities Planning Act.
30 (Source: P.A. 90-813, eff. 1-29-99; 91-782, eff. 6-9-00.)
31 (Text of Section after amendment by P.A. 91-935)
32 Sec. 3-1. Jurisdiction of Auditor General. The Auditor
33 General has jurisdiction over all State agencies to make post
34 audits and investigations authorized by or under this Act or
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1 the Constitution.
2 The Auditor General has jurisdiction over local
3 government agencies and private agencies only:
4 (a) to make such post audits authorized by or under
5 this Act as are necessary and incidental to a post audit
6 of a State agency or of a program administered by a State
7 agency involving public funds of the State, but this
8 jurisdiction does not include any authority to review
9 local governmental agencies in the obligation, receipt,
10 expenditure or use of public funds of the State that are
11 granted without limitation or condition imposed by law,
12 other than the general limitation that such funds be used
13 for public purposes;
14 (b) to make investigations authorized by or under
15 this Act or the Constitution; and
16 (c) to make audits of the records of local
17 government agencies to verify actual costs of
18 state-mandated programs when directed to do so by the
19 Legislative Audit Commission at the request of the State
20 Board of Appeals under the State Mandates Act.
21 At the end of each fiscal quarter, the Auditor General
22 must file with the Legislative Audit Commission and the
23 Governor a complete listing of all contracts awarded to a
24 bidder other than the lowest responsible and responsive
25 bidder that are reported to him or her under subsection (g)
26 of Section 20-10 of the Illinois Procurement Code during that
27 fiscal quarter. The Legislative Audit Commission must review
28 those contracts and, in its annual reports, advise the
29 General Assembly of contracts that appear to constitute an
30 abuse of subsection (g) of Section 20-10 of the Illinois
31 Procurement Code. The Auditor General must conduct an audit
32 of the procurement practices of a State agency when directed
33 to do so by the Legislative Audit Commission or by 3 members
34 of the Commission as provided in Section 3 of the Legislative
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1 Audit Commission Act.
2 In addition to the foregoing, the Auditor General may
3 conduct an audit of the Metropolitan Pier and Exposition
4 Authority, the Regional Transportation Authority, the
5 Suburban Bus Division, the Commuter Rail Division and the
6 Chicago Transit Authority and any other subsidized carrier
7 when authorized by the Legislative Audit Commission. Such
8 audit may be a financial, management or program audit, or any
9 combination thereof.
10 The audit shall determine whether they are operating in
11 accordance with all applicable laws and regulations. Subject
12 to the limitations of this Act, the Legislative Audit
13 Commission may by resolution specify additional
14 determinations to be included in the scope of the audit.
15 In addition to the foregoing, the Auditor General must
16 also conduct a financial audit of the Illinois Sports
17 Facilities Authority's expenditures of public funds in
18 connection with the reconstruction, renovation, remodeling,
19 extension, or improvement of all or substantially all of any
20 existing "facility", as that term is defined in the Illinois
21 Sports Facilities Authority Act.
22 The Auditor General may also conduct an audit, when
23 authorized by the Legislative Audit Commission, of any
24 hospital which receives 10% or more of its gross revenues
25 from payments from the State of Illinois, Department of
26 Public Aid, Medical Assistance Program.
27 The Auditor General is authorized to conduct financial
28 and compliance audits of the Illinois Distance Learning
29 Foundation and the Illinois Conservation Foundation.
30 As soon as practical after the effective date of this
31 amendatory Act of 1995, the Auditor General shall conduct a
32 compliance and management audit of the City of Chicago and
33 any other entity with regard to the operation of Chicago
34 O'Hare International Airport, Chicago Midway Airport and
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1 Merrill C. Meigs Field. The audit shall include, but not be
2 limited to, an examination of revenues, expenses, and
3 transfers of funds; purchasing and contracting policies and
4 practices; staffing levels; and hiring practices and
5 procedures. When completed, the audit required by this
6 paragraph shall be distributed in accordance with Section
7 3-14.
8 The Auditor General shall conduct a financial and
9 compliance and program audit of distributions from the
10 Municipal Economic Development Fund during the immediately
11 preceding calendar year pursuant to Section 8-403.1 of the
12 Public Utilities Act at no cost to the city, village, or
13 incorporated town that received the distributions.
14 The Auditor General must conduct an audit of the Health
15 Facilities Planning Board pursuant to Section 19.5 of the
16 Illinois Health Facilities Planning Act.
17 (Source: P.A. 90-813, eff. 1-29-99; 91-782, eff. 6-9-00;
18 91-935, eff. 6-1-01.)
19 Section 15. The Illinois Procurement Code is amended by
20 changing Sections 20-10 and 30-15 as follows:
21 (30 ILCS 500/20-10)
22 Sec. 20-10. Competitive sealed bidding.
23 (a) Conditions for use. All contracts shall be awarded
24 by competitive sealed bidding except as otherwise provided in
25 Section 20-5.
26 (b) Invitation for bids. An invitation for bids shall
27 be issued and shall include a purchase description and the
28 material contractual terms and conditions applicable to the
29 procurement.
30 (c) Public notice. Public notice of the invitation for
31 bids shall be published in the Illinois Procurement Bulletin
32 at least 14 days before the date set in the invitation for
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1 the opening of bids.
2 (d) Bid opening. Bids shall be opened publicly in the
3 presence of one or more witnesses at the time and place
4 designated in the invitation for bids. The name of each
5 bidder, the amount of each bid, and other relevant
6 information as may be specified by rule shall be recorded.
7 After the award of the contract, the winning bid and the
8 record of each unsuccessful bid shall be open to public
9 inspection.
10 (e) Bid acceptance and bid evaluation. Bids shall be
11 unconditionally accepted without alteration or correction,
12 except as authorized in this Code. Bids shall be evaluated
13 based on the requirements set forth in the invitation for
14 bids, which may include criteria to determine acceptability
15 such as inspection, testing, quality, workmanship, delivery,
16 and suitability for a particular purpose. Those criteria
17 that will affect the bid price and be considered in
18 evaluation for award, such as discounts, transportation
19 costs, and total or life cycle costs, shall be objectively
20 measurable. The invitation for bids shall set forth the
21 evaluation criteria to be used.
22 (f) Correction or withdrawal of bids. Correction or
23 withdrawal of inadvertently erroneous bids before or after
24 award, or cancellation of awards of contracts based on bid
25 mistakes, shall be permitted in accordance with rules. After
26 bid opening, no changes in bid prices or other provisions of
27 bids prejudicial to the interest of the State or fair
28 competition shall be permitted. All decisions to permit the
29 correction or withdrawal of bids based on bid mistakes shall
30 be supported by written determination made by a State
31 purchasing officer.
32 (g) Award. The contract shall be awarded with
33 reasonable promptness by written notice to the lowest
34 responsible and responsive bidder whose bid meets the
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1 requirements and criteria set forth in the invitation for
2 bids, except when a State purchasing officer determines it is
3 not in the best interest of the State and by written
4 explanation determines another bidder shall receive the
5 award. The explanation shall appear in the appropriate
6 volume of the Illinois Procurement Bulletin. The written
7 explanation must include:
8 (1) a description of the agency's needs;
9 (2) a determination that the anticipated cost will
10 be fair and reasonable;
11 (3) a listing of all responsible and responsive
12 bidders; and
13 (4) the name of the bidder selected, pricing, and
14 the reasons for selecting that bidder instead of the
15 lowest responsible and responsive bidder.
16 Each agency may adopt rules to implement the requirements
17 of this subsection (g).
18 The written explanation shall be filed with the Auditor
19 General and the Procurement Policy Board and be made
20 available for inspection by the public within 30 days after
21 the public agency's decision to award the contract.
22 At the end of each fiscal quarter, the Auditor General
23 must file with the Legislative Audit Commission and the
24 Governor a complete listing of all contracts awarded to a
25 bidder other than the lowest responsible and responsive
26 bidder that are reported to him or her under this subsection
27 during that fiscal quarter. The Legislative Audit Commission
28 must review those contracts and, in its annual reports,
29 advise the General Assembly of contracts that appear to
30 constitute an abuse of this subsection.
31 (h) Multi-step sealed bidding. When it is considered
32 impracticable to initially prepare a purchase description to
33 support an award based on price, an invitation for bids may
34 be issued requesting the submission of unpriced offers to be
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1 followed by an invitation for bids limited to those bidders
2 whose offers have been qualified under the criteria set forth
3 in the first solicitation.
4 (Source: P.A. 90-572, eff. date - See Sec. 99-5.)
5 (30 ILCS 500/30-15)
6 Sec. 30-15. Method of source selection.
7 (a) Competitive sealed bidding. Except as provided in
8 subsections (b), (c), and (d) and Sections 20-20, 20-25, and
9 20-30, all State construction contracts shall be procured by
10 competitive sealed bidding in accordance with Section 20-10.
11 (b) Other procurements methods.
12 (1) Construction Manager Services. Procurement of
13 a construction manager for project services, which may
14 include, but are not limited to, scheduling, contractor
15 coordination, and administration of payment requests, but
16 not including design services, shall be made in
17 accordance with Section 20-15 of this Code providing for
18 competitive sealed proposals, and shall be made in
19 accordance with Section 1.2035, entitled Competitive
20 Selection Procedures for Professional and Artistic
21 Services, of Title 44 of the Illinois Administrative Code
22 as that Section existed on May 1, 2001 and Section
23 1.2015, establishing procedures for competitive sealed
24 proposals, of Title 44 of the Illinois Administrative
25 Code as that Section existed on May 1, 2001.
26 (2) Illinois Correctional Industries. Procurement
27 from Illinois Correctional Industries constitutes
28 contracting between State governmental bodies, exempt
29 from Procurement Code requirements, and shall be done in
30 accordance with Section 45-30, Central Management
31 Services rules as those rules existed on May 1, 2001, and
32 the procurement practices provisions of the Capital
33 Development Board rules as those rules existed on May 1,
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1 2001. Such procurements may utilize an annual master
2 contract with agreed-upon unit prices for construction
3 services, against which sub-orders may be placed for
4 specific Capital Development Board projects.
5 (3) Art-in-Architecture Program Procurement. Works
6 of art procured for Capital Development Board
7 construction projects pursuant to Section 14 of the
8 Capital Development Board Act shall be in accordance with
9 selection procedures developed by the Fine Arts Review
10 Committee and Capital Development Board, in consultation
11 with the Public Arts Advisory Committee, as those
12 procedures existed on May 1, 2001. The Capital
13 Development Board shall establish by rule construction
14 purchases that may be made without competitive sealed
15 bidding and the most competitive alternate method of
16 source selection that shall be used.
17 (c) Construction-related professional services. All
18 construction-related professional services contracts shall be
19 awarded in accordance with the provisions of the
20 Architectural, Engineering, and Land Surveying Qualifications
21 Based Selection Act. "Professional services" means those
22 services within the scope of the practice of architecture,
23 professional engineering, structural engineering, or
24 registered land surveying, as defined by the laws of this
25 State.
26 (d) Correctional facilities. Remodeling and
27 rehabilitation projects at correctional facilities under
28 $25,000 funded from the General Revenue Fund are exempt from
29 the provisions of this Article. The Department of
30 Corrections may use inmate labor for the remodeling or
31 rehabilitation of correctional facilities on those projects
32 under $25,000 funded from the General Revenue Fund.
33 (Source: P.A. 90-572, eff. date - See Sec. 99-5.)
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1 Section 95. No acceleration or delay. Where this Act
2 makes changes in a statute that is represented in this Act by
3 text that is not yet or no longer in effect (for example, a
4 Section represented by multiple versions), the use of that
5 text does not accelerate or delay the taking effect of (i)
6 the changes made by this Act or (ii) provisions derived from
7 any other Public Act.
8 Section 99. Effective date. This Act takes effect upon
9 becoming law.".