Bill Amendment: IL SB2192 | 2023-2024 | 103rd General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: PROCUREMENT-BID NOTICE

Status: 2023-08-11 - Public Act . . . . . . . . . 103-0558 [SB2192 Detail]

Download: Illinois-2023-SB2192-Senate_Amendment_002.html

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Sen. Ram Villivalam

Filed: 3/7/2023

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AMENDMENT TO SENATE BILL 2192
AMENDMENT NO. ______. Amend Senate Bill 2192 by replacing
everything after the enacting clause with the following:
"Section 5. The Illinois Procurement Code is amended by
changing Section 20-10 as follows:
(30 ILCS 500/20-10)
(Text of Section from P.A. 96-159, 96-588, 97-96, 97-895,
98-1076, 99-906, 100-43, 101-31, 101-657, and 102-29)
Sec. 20-10. Competitive sealed bidding; reverse auction.
(a) Conditions for use. All contracts shall be awarded by
competitive sealed bidding except as otherwise provided in
Section 20-5.
(b) Invitation for bids. An invitation for bids shall be
issued and shall include a purchase description and the
material contractual terms and conditions applicable to the
procurement.

10300SB2192sam002 - 2 - LRB103 25677 DTM 58784 a
(c) Public notice. Public notice of the invitation for
bids shall be published in the Illinois Procurement Bulletin
at least 14 calendar days before the date set in the invitation
for the opening of bids.
(d) Bid opening. Bids shall be opened publicly or through
an electronic procurement system in the presence of one or
more witnesses at the time and place designated in the
invitation for bids. The name of each bidder, including earned
and applied bid credit from the Illinois Works Jobs Program
Act, the amount of each bid, and other relevant information as
may be specified by rule shall be recorded. After the award of
the contract, the winning bid and the record of each
unsuccessful bid shall be open to public inspection.
(e) Bid acceptance and bid evaluation. Bids shall be
unconditionally accepted without alteration or correction,
except as authorized in this Code. Bids shall be evaluated
based on the requirements set forth in the invitation for
bids, which may include criteria to determine acceptability
such as inspection, testing, quality, workmanship, delivery,
and suitability for a particular purpose. Those criteria that
will affect the bid price and be considered in evaluation for
award, such as discounts, transportation costs, and total or
life cycle costs, shall be objectively measurable. The
invitation for bids shall set forth the evaluation criteria to
be used.
(f) Correction or withdrawal of bids. Correction or

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withdrawal of inadvertently erroneous bids before or after
award, or cancellation of awards of contracts based on bid
mistakes, shall be permitted in accordance with rules. After
bid opening, no changes in bid prices or other provisions of
bids prejudicial to the interest of the State or fair
competition shall be permitted. All decisions to permit the
correction or withdrawal of bids based on bid mistakes shall
be supported by written determination made by a State
purchasing officer.
(g) Award. The contract shall be awarded with reasonable
promptness by written notice to the lowest responsible and
responsive bidder whose bid meets the requirements and
criteria set forth in the invitation for bids, except when a
State purchasing officer determines it is not in the best
interest of the State and by written explanation determines
another bidder shall receive the award. The explanation shall
appear in the appropriate volume of the Illinois Procurement
Bulletin. The written explanation must include:
(1) a description of the agency's needs;
(2) a determination that the anticipated cost will be
fair and reasonable;
(3) a listing of all responsible and responsive
bidders; and
(4) the name of the bidder selected, the total
contract price, and the reasons for selecting that bidder.
Each chief procurement officer may adopt guidelines to

10300SB2192sam002 - 4 - LRB103 25677 DTM 58784 a
implement the requirements of this subsection (g).
The written explanation shall be filed with the
Legislative Audit Commission, and the Commission on Equity and
Inclusion, and the Procurement Policy Board, and be made
available for inspection by the public, within 14 calendar
days after the agency's decision to award the contract.
(g-5) Failed bid notice. In addition to the requirements
of subsection (g), if a bidder has failed to be awarded a
contract after 4 consecutive bids to provide the same services
to the Department of Transportation, the Capital Development
Board, or the Illinois State Toll Highway Authority, the
applicable chief procurement officer for the respective agency
shall in writing detail why all 4 bids were rejected. The chief
procurement officer shall submit by certified copy to the
bidder the reasoning for the rejection of the bid within the
same calendar quarter in which the fourth bid was rejected and
prior to 15 days before the next Illinois Procurement Bulletin
for that type of bid.
(h) Multi-step sealed bidding. When it is considered
impracticable to initially prepare a purchase description to
support an award based on price, an invitation for bids may be
issued requesting the submission of unpriced offers to be
followed by an invitation for bids limited to those bidders
whose offers have been qualified under the criteria set forth
in the first solicitation.
(i) Alternative procedures. Notwithstanding any other

10300SB2192sam002 - 5 - LRB103 25677 DTM 58784 a
provision of this Act to the contrary, the Director of the
Illinois Power Agency may create alternative bidding
procedures to be used in procuring professional services under
Section 1-56, subsections (a) and (c) of Section 1-75 and
subsection (d) of Section 1-78 of the Illinois Power Agency
Act and Section 16-111.5(c) of the Public Utilities Act and to
procure renewable energy resources under Section 1-56 of the
Illinois Power Agency Act. These alternative procedures shall
be set forth together with the other criteria contained in the
invitation for bids, and shall appear in the appropriate
volume of the Illinois Procurement Bulletin.
(j) Reverse auction. Notwithstanding any other provision
of this Section and in accordance with rules adopted by the
chief procurement officer, that chief procurement officer may
procure supplies or services through a competitive electronic
auction bidding process after the chief procurement officer
determines that the use of such a process will be in the best
interest of the State. The chief procurement officer shall
publish that determination in his or her next volume of the
Illinois Procurement Bulletin.
An invitation for bids shall be issued and shall include
(i) a procurement description, (ii) all contractual terms,
whenever practical, and (iii) conditions applicable to the
procurement, including a notice that bids will be received in
an electronic auction manner.
Public notice of the invitation for bids shall be given in

10300SB2192sam002 - 6 - LRB103 25677 DTM 58784 a
the same manner as provided in subsection (c).
Bids shall be accepted electronically at the time and in
the manner designated in the invitation for bids. During the
auction, a bidder's price shall be disclosed to other bidders.
Bidders shall have the opportunity to reduce their bid prices
during the auction. At the conclusion of the auction, the
record of the bid prices received and the name of each bidder
shall be open to public inspection.
After the auction period has terminated, withdrawal of
bids shall be permitted as provided in subsection (f).
The contract shall be awarded within 60 calendar days
after the auction by written notice to the lowest responsible
bidder, or all bids shall be rejected except as otherwise
provided in this Code. Extensions of the date for the award may
be made by mutual written consent of the State purchasing
officer and the lowest responsible bidder.
This subsection does not apply to (i) procurements of
professional and artistic services, (ii) telecommunications
services, communication services, and information services,
and (iii) contracts for construction projects, including
design professional services.
(Source: P.A. 100-43, eff. 8-9-17; 101-31, eff. 6-28-19;
101-657, eff. 1-1-22; 102-29, eff. 6-25-21.)
(Text of Section from P.A. 96-159, 96-795, 97-96, 97-895,
98-1076, 99-906, 100-43, 101-31, 101-657, and 102-29)

10300SB2192sam002 - 7 - LRB103 25677 DTM 58784 a
Sec. 20-10. Competitive sealed bidding; reverse auction.
(a) Conditions for use. All contracts shall be awarded by
competitive sealed bidding except as otherwise provided in
Section 20-5.
(b) Invitation for bids. An invitation for bids shall be
issued and shall include a purchase description and the
material contractual terms and conditions applicable to the
procurement.
(c) Public notice. Public notice of the invitation for
bids shall be published in the Illinois Procurement Bulletin
at least 14 calendar days before the date set in the invitation
for the opening of bids.
(d) Bid opening. Bids shall be opened publicly or through
an electronic procurement system in the presence of one or
more witnesses at the time and place designated in the
invitation for bids. The name of each bidder, including earned
and applied bid credit from the Illinois Works Jobs Program
Act, the amount of each bid, and other relevant information as
may be specified by rule shall be recorded. After the award of
the contract, the winning bid and the record of each
unsuccessful bid shall be open to public inspection.
(e) Bid acceptance and bid evaluation. Bids shall be
unconditionally accepted without alteration or correction,
except as authorized in this Code. Bids shall be evaluated
based on the requirements set forth in the invitation for
bids, which may include criteria to determine acceptability

10300SB2192sam002 - 8 - LRB103 25677 DTM 58784 a
such as inspection, testing, quality, workmanship, delivery,
and suitability for a particular purpose. Those criteria that
will affect the bid price and be considered in evaluation for
award, such as discounts, transportation costs, and total or
life cycle costs, shall be objectively measurable. The
invitation for bids shall set forth the evaluation criteria to
be used.
(f) Correction or withdrawal of bids. Correction or
withdrawal of inadvertently erroneous bids before or after
award, or cancellation of awards of contracts based on bid
mistakes, shall be permitted in accordance with rules. After
bid opening, no changes in bid prices or other provisions of
bids prejudicial to the interest of the State or fair
competition shall be permitted. All decisions to permit the
correction or withdrawal of bids based on bid mistakes shall
be supported by written determination made by a State
purchasing officer.
(g) Award. The contract shall be awarded with reasonable
promptness by written notice to the lowest responsible and
responsive bidder whose bid meets the requirements and
criteria set forth in the invitation for bids, except when a
State purchasing officer determines it is not in the best
interest of the State and by written explanation determines
another bidder shall receive the award. The explanation shall
appear in the appropriate volume of the Illinois Procurement
Bulletin. The written explanation must include:

10300SB2192sam002 - 9 - LRB103 25677 DTM 58784 a
(1) a description of the agency's needs;
(2) a determination that the anticipated cost will be
fair and reasonable;
(3) a listing of all responsible and responsive
bidders; and
(4) the name of the bidder selected, the total
contract price, and the reasons for selecting that bidder.
Each chief procurement officer may adopt guidelines to
implement the requirements of this subsection (g).
The written explanation shall be filed with the
Legislative Audit Commission, and the Commission on Equity and
Inclusion, and the Procurement Policy Board, and be made
available for inspection by the public, within 14 days after
the agency's decision to award the contract.
(g-5) Failed bid notice. In addition to the requirements
of subsection (g), if a bidder has failed to be awarded a
contract after 4 consecutive bids to provide the same services
to the Department of Transportation, the Capital Development
Board, or the Illinois State Toll Highway Authority, the
applicable chief procurement officer for the respective agency
shall in writing detail why all 4 bids were rejected. The chief
procurement officer shall submit by certified copy to the
bidder the reasoning for the rejection of the bid within the
same calendar quarter in which the fourth bid was rejected and
prior to 15 days before the next Illinois Procurement Bulletin
for that type of bid.

10300SB2192sam002 - 10 - LRB103 25677 DTM 58784 a
(h) Multi-step sealed bidding. When it is considered
impracticable to initially prepare a purchase description to
support an award based on price, an invitation for bids may be
issued requesting the submission of unpriced offers to be
followed by an invitation for bids limited to those bidders
whose offers have been qualified under the criteria set forth
in the first solicitation.
(i) Alternative procedures. Notwithstanding any other
provision of this Act to the contrary, the Director of the
Illinois Power Agency may create alternative bidding
procedures to be used in procuring professional services under
subsections (a) and (c) of Section 1-75 and subsection (d) of
Section 1-78 of the Illinois Power Agency Act and Section
16-111.5(c) of the Public Utilities Act and to procure
renewable energy resources under Section 1-56 of the Illinois
Power Agency Act. These alternative procedures shall be set
forth together with the other criteria contained in the
invitation for bids, and shall appear in the appropriate
volume of the Illinois Procurement Bulletin.
(j) Reverse auction. Notwithstanding any other provision
of this Section and in accordance with rules adopted by the
chief procurement officer, that chief procurement officer may
procure supplies or services through a competitive electronic
auction bidding process after the chief procurement officer
determines that the use of such a process will be in the best
interest of the State. The chief procurement officer shall

10300SB2192sam002 - 11 - LRB103 25677 DTM 58784 a
publish that determination in his or her next volume of the
Illinois Procurement Bulletin.
An invitation for bids shall be issued and shall include
(i) a procurement description, (ii) all contractual terms,
whenever practical, and (iii) conditions applicable to the
procurement, including a notice that bids will be received in
an electronic auction manner.
Public notice of the invitation for bids shall be given in
the same manner as provided in subsection (c).
Bids shall be accepted electronically at the time and in
the manner designated in the invitation for bids. During the
auction, a bidder's price shall be disclosed to other bidders.
Bidders shall have the opportunity to reduce their bid prices
during the auction. At the conclusion of the auction, the
record of the bid prices received and the name of each bidder
shall be open to public inspection.
After the auction period has terminated, withdrawal of
bids shall be permitted as provided in subsection (f).
The contract shall be awarded within 60 calendar days
after the auction by written notice to the lowest responsible
bidder, or all bids shall be rejected except as otherwise
provided in this Code. Extensions of the date for the award may
be made by mutual written consent of the State purchasing
officer and the lowest responsible bidder.
This subsection does not apply to (i) procurements of
professional and artistic services, (ii) telecommunications

10300SB2192sam002 - 12 - LRB103 25677 DTM 58784 a
services, communication services, and information services,
and (iii) contracts for construction projects, including
design professional services.
(Source: P.A. 101-31, eff. 6-28-19; 101-657, eff. 1-1-22;
102-29, eff. 6-25-21.)".