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| [ Introduced ] | [ Senate Amendment 001 ] |
92_SB0921eng SB921 Engrossed LRB9208147SMfg 1 AN ACT to amend the Illinois Procurement Code by changing 2 Section 20-10. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Illinois Procurement Code is amended by 6 changing Section 20-10 as follows: 7 (30 ILCS 500/20-10) 8 Sec. 20-10. Competitive sealed bidding. 9 (a) Conditions for use. All contracts shall be awarded 10 by competitive sealed bidding except as otherwise provided in 11 Section 20-5. 12 (b) Invitation for bids. An invitation for bids shall 13 be issued and shall include a purchase description and the 14 material contractual terms and conditions applicable to the 15 procurement. 16 (c) Public notice. Public notice of the invitation for 17 bids shall be published in the Illinois Procurement Bulletin 18 at least 14 days before the date set in the invitation for 19 the opening of bids. 20 (d) Bid opening. Bids shall be opened publicly in the 21 presence of one or more witnesses at the time and place 22 designated in the invitation for bids. Except for bids on 23 contracts under the jurisdiction of the Capital Development 24 Board or the Illinois Department of Transportation, the 25 opening may be an extended opening wherein bidders whose bids 26 were received on time may revise pricing for the supply or 27 service bid in accordance with rules issued by the chief 28 procurement officer, which rules may allow for pricing to be 29 visible to all bidders as part of the price revision process. 30 The name of each bidder, the amount of each bid, and other 31 relevant information as may be specified by rule shall be SB921 Engrossed -2- LRB9208147SMfg 1 recorded. After the award of the contract, the winning bid 2 and the record of each unsuccessful bid shall be open to 3 public inspection. 4 (e) Bid acceptance and bid evaluation. Bids shall be 5 unconditionally accepted without alteration or correction, 6 except as authorized in this Code. Bids shall be evaluated 7 based on the requirements set forth in the invitation for 8 bids, which may include criteria to determine acceptability 9 such as inspection, testing, quality, workmanship, delivery, 10 and suitability for a particular purpose. Those criteria 11 that will affect the bid price and be considered in 12 evaluation for award, such as discounts, transportation 13 costs, and total or life cycle costs, shall be objectively 14 measurable. The invitation for bids shall set forth the 15 evaluation criteria to be used. 16 (f) Correction or withdrawal of bids. Correction or 17 withdrawal of inadvertently erroneous bids before or after 18 award, or cancellation of awards of contracts based on bid 19 mistakes, shall be permitted in accordance with rules. After 20 bid opening, no changes in bid prices or other provisions of 21 bids prejudicial to the interest of the State or fair 22 competition shall be permitted. All decisions to permit the 23 correction or withdrawal of bids based on bid mistakes shall 24 be supported by written determination made by a State 25 purchasing officer. 26 (g) Award. The contract shall be awarded with 27 reasonable promptness by written notice to the lowest 28 responsible and responsive bidder whose bid meets the 29 requirements and criteria set forth in the invitation for 30 bids, except when a State purchasing officer determines it is 31 not in the best interest of the State and by written 32 explanation determines another bidder shall receive the 33 award. The explanation shall appear in the appropriate 34 volume of the Illinois Procurement Bulletin. SB921 Engrossed -3- LRB9208147SMfg 1 (h) Multi-step sealed bidding. When it is considered 2 impracticable to initially prepare a purchase description to 3 support an award based on price, an invitation for bids may 4 be issued requesting the submission of unpriced offers to be 5 followed by an invitation for bids limited to those bidders 6 whose offers have been qualified under the criteria set forth 7 in the first solicitation. 8 (Source: P.A. 90-572, eff. date - See Sec. 99-5.) 9 Section 99. Effective date. This Act takes effect upon 10 becoming law.