Bill Text: IL HB4136 | 2011-2012 | 97th General Assembly | Engrossed

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Bill Title: Amends the Illinois Procurement Code. Specifies that the chief procurement officers possess the rights to and are the authorities responsible for publishing their volumes of the Illinois Procurement Bulletin. Charges the chief procurement officers with providing (i) purchasing agencies with assistance when preparing their annual Business Enterprise Program reports and (ii) the Procurement Policy Board with the information and resources necessary to maintain its electronic bulletin clearinghouse. Provides that the chief procurement officers may create one or more electronic vendor portals to expedite the opportunity for bidders, offerors, subcontractors, or suppliers to participate in the solicitation process. Effective immediately.

Spectrum: Slight Partisan Bill (Democrat 5-3)

Status: (Failed) 2013-01-08 - Session Sine Die [HB4136 Detail]

Download: Illinois-2011-HB4136-Engrossed.html

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AN ACT concerning finance.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Procurement Code is amended by
changing Sections 15-1, 15-25, 15-30, and by adding Section
15-35 as follows:
(30 ILCS 500/15-1)
Sec. 15-1. Publisher. Each chief procurement officer, in
consultation with the agencies under his or her jurisdiction,
possesses the rights to and is the authority The Department of
Central Management Services is the State agency responsible for
publishing its volume volumes of the Illinois Procurement
Bulletin. The Capital Development Board is responsible for
publishing its volumes of the Illinois Procurement Bulletin.
The Department of Transportation is responsible for publishing
its volumes of the Illinois Procurement Bulletin. The higher
education chief procurement officer is responsible for
publishing the higher education volumes of the Illinois
Procurement Bulletin. The Illinois Power Agency is the State
agency responsible for publishing its volumes of the Illinois
Procurement Bulletin.
Each volume of the Illinois Procurement Bulletin shall be
available electronically and may be available in print.

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References in this Code to the publication and distribution of
the Illinois Procurement Bulletin include both its print and
electronic formats.
(Source: P.A. 95-481, eff. 8-28-07.)
(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
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.
(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

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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
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

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with Disabilities Act within 10 business days after its
submission of its report to the Council.
(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).
(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.
(f) Each The Department of Central Management Services, the
Capital Development Board, the Department of Transportation,

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and the higher education 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. 95-536, eff. 1-1-08; 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.)
(30 ILCS 500/15-30)
Sec. 15-30. Electronic Bulletin clearinghouse.
(a) The Procurement Policy Board shall maintain on its
official website a searchable database containing all
information required to be included in the Illinois Procurement
Bulletin under subsections (b), (c), (c-10), and (c-15) of
Section 15-25 and all information required to be disclosed
under Section 50-41. The posting of procurement information on
the website is subject to the same posting requirements as the
online electronic Bulletin.
(b) For the purposes of this Section, searchable means
searchable and sortable by successful responsible bidder or
offeror or, for emergency purchases, business or person
contracted with; the contract price or total cost; the service
or good; the purchasing State agency; and the date first
offered or announced.
(c) The applicable chief procurement officer shall provide

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the Procurement Policy Board the information and resources
necessary, and in a manner, to effectuate the purpose of this
Section.
(Source: P.A. 95-536, eff. 1-1-08; 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).)
(30 ILCS 500/15-35 new)
Sec. 15-35. Vendor portal. Each chief procurement officer
may, in consultation with the agencies under his or her
jurisdiction and the Procurement Policy Board, establish a
vendor portal. The vendor portal shall allow a prospective
vendor to provide certifications, disclosures, registrations,
and other documentation needed to do business with a State
agency in advance of any particular procurement. A prospective
vendor who registers with the vendor portal and provides this
information may submit its registration number, with a
confirmation that the portal information remains current, as
part of its response to a competitive selection or a
contracting process, rather than submit the same information in
full. One or more chief procurement officers may jointly
operate a vendor portal if a single portal would better serve
the needs of the State agencies and the vendor community. A
chief procurement officer may accept, for use on procurements
and contracts under his or her jurisdiction, the registration
from another chief procurement officer's vendor portal. This

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Section applies notwithstanding any laws to the contrary except
for later enacted laws that specifically refer to this Section.
Nothing in this Section shall preclude a State agency from
implementing its own pre-qualification, certification,
disclosure, and registration requirements necessary to conduct
and manage its program operation.
This Section does not apply to any contract for any project
as to which federal funds are available for expenditure when
its provisions may be in conflict with federal law or federal
regulation.