Bill Text: IL SB0346 | 2011-2012 | 97th General Assembly | Amended
Bill Title: Amends the Illinois State Auditing Act. Makes a technical change in a Section concerning the definition of "Office of Auditor General".
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2013-01-08 - Session Sine Die [SB0346 Detail]
Download: Illinois-2011-SB0346-Amended.html
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1 | AMENDMENT TO SENATE BILL 346
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2 | AMENDMENT NO. ______. Amend Senate Bill 346 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Illinois Procurement Code is amended by | ||||||
5 | changing Sections 1-10, 1-15.68, 20-25, 20-30, 20-43, 20-90, | ||||||
6 | 25-15, and 50-39 and by adding Sections 1-15.63 and 1-35 as | ||||||
7 | follows:
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8 | (30 ILCS 500/1-10)
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9 | Sec. 1-10. Application.
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10 | (a) This Code applies only to procurements for which | ||||||
11 | contractors were first
solicited on or after July 1, 1998. This | ||||||
12 | Code shall not be construed to affect
or impair any contract, | ||||||
13 | or any provision of a contract, entered into based on a
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14 | solicitation prior to the implementation date of this Code as | ||||||
15 | described in
Article 99, including but not limited to any | ||||||
16 | covenant entered into with respect
to any revenue bonds or |
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1 | similar instruments.
All procurements for which contracts are | ||||||
2 | solicited between the effective date
of Articles 50 and 99 and | ||||||
3 | July 1, 1998 shall be substantially in accordance
with this | ||||||
4 | Code and its intent.
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5 | (b) This Code shall apply regardless of the source of the | ||||||
6 | funds with which
the contracts are paid, including federal | ||||||
7 | assistance moneys.
This Code shall
not apply to:
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8 | (1) Contracts between the State and its political | ||||||
9 | subdivisions or other
governments, or between State | ||||||
10 | governmental bodies except as specifically
provided in | ||||||
11 | this Code.
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12 | (2) Grants, except for the filing requirements of | ||||||
13 | Section 20-80.
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14 | (3) Purchase of care.
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15 | (4) Hiring of an individual as employee and not as an | ||||||
16 | independent
contractor, whether pursuant to an employment | ||||||
17 | code or policy or by contract
directly with that | ||||||
18 | individual.
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19 | (5) Collective bargaining contracts.
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20 | (6) Purchase of real estate, except that notice of this | ||||||
21 | type of contract with a value of more than $25,000 must be | ||||||
22 | published in the Procurement Bulletin within 7 days after | ||||||
23 | the deed is recorded in the county of jurisdiction. The | ||||||
24 | notice shall identify the real estate purchased, the names | ||||||
25 | of all parties to the contract, the value of the contract, | ||||||
26 | and the effective date of the contract.
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1 | (7) Contracts necessary to prepare for anticipated | ||||||
2 | litigation, enforcement
actions, or investigations, | ||||||
3 | provided
that the chief legal counsel to the Governor shall | ||||||
4 | give his or her prior
approval when the procuring agency is | ||||||
5 | one subject to the jurisdiction of the
Governor, and | ||||||
6 | provided that the chief legal counsel of any other | ||||||
7 | procuring
entity
subject to this Code shall give his or her | ||||||
8 | prior approval when the procuring
entity is not one subject | ||||||
9 | to the jurisdiction of the Governor.
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10 | (8) Contracts for
services to public institutions of | ||||||
11 | higher education Northern Illinois University by a person, | ||||||
12 | acting as
an independent contractor, who is qualified by | ||||||
13 | education, experience, and
technical ability and is | ||||||
14 | selected by negotiation for the purpose of providing
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15 | non-credit educational services and service activities or | ||||||
16 | products by means of specialized
programs offered by the | ||||||
17 | university.
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18 | (9) Procurement expenditures by the Illinois | ||||||
19 | Conservation Foundation
when only private funds are used.
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20 | (10) Procurement expenditures by the Illinois Health | ||||||
21 | Information Exchange Authority involving private funds | ||||||
22 | from the Health Information Exchange Fund. "Private funds" | ||||||
23 | means gifts, donations, and private grants. | ||||||
24 | (11) Contracts by or on behalf of public institutions | ||||||
25 | of higher education related to: events or activities where | ||||||
26 | the majority of funding is provided by event revenues; |
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1 | events or activities for the benefit of third parties where | ||||||
2 | the majority of funding is provided by the third parties; | ||||||
3 | sponsorship activities or memberships in professional, | ||||||
4 | academic, or athletic organizations; events or activities | ||||||
5 | where the use of specific vendors is mandated or identified | ||||||
6 | by the organizing or sponsoring entity; purchase of library | ||||||
7 | materials; public broadcasting media rights; and purchase | ||||||
8 | of items for sale or rental. | ||||||
9 | (c) This Code does not apply to the electric power | ||||||
10 | procurement process provided for under Section 1-75 of the | ||||||
11 | Illinois Power Agency Act and Section 16-111.5 of the Public | ||||||
12 | Utilities Act. | ||||||
13 | (d) Except for Section 20-160 and Article 50 of this Code, | ||||||
14 | and as expressly required by Section 9.1 of the Illinois | ||||||
15 | Lottery Law, the provisions of this Code do not apply to the | ||||||
16 | procurement process provided for under Section 9.1 of the | ||||||
17 | Illinois Lottery Law. | ||||||
18 | (Source: P.A. 95-481, eff. 8-28-07; 95-615, eff. 9-11-07; | ||||||
19 | 95-876, eff. 8-21-08; 96-840, eff. 12-23-09; 96-1331, eff. | ||||||
20 | 7-27-10.)
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21 | (30 ILCS 500/1-15.63 new) | ||||||
22 | Sec. 1-15.63. Public institution of higher education. | ||||||
23 | "Public institution of higher education" means the University | ||||||
24 | of Illinois; Southern Illinois University; Chicago State | ||||||
25 | University; Eastern Illinois University; Governors State |
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1 | University; Illinois State University; Northeastern Illinois | ||||||
2 | University; Northern Illinois University; Western Illinois | ||||||
3 | University; and any other public universities now or hereafter | ||||||
4 | established or authorized by the General Assembly.
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5 | (30 ILCS 500/1-15.68)
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6 | Sec. 1-15.68. Purchase of care. "Purchase of care" means a | ||||||
7 | contract with
a person for the furnishing of medical, | ||||||
8 | educational, psychiatric, vocational,
rehabilitative, social, | ||||||
9 | or human services directly to a recipient of a State
aid | ||||||
10 | program. "Purchase of care" also means a contract for the | ||||||
11 | furnishing of specialized materials, systems, services, or | ||||||
12 | protocol items for the operation of medical, dental, | ||||||
13 | veterinary, or similar facilities or clinics operated by the | ||||||
14 | University of Illinois or Southern Illinois University.
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15 | (Source: P.A. 90-572, eff. 2-6-98.)
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16 | (30 ILCS 500/1-35 new) | ||||||
17 | Sec. 1-35. Determinations by public institutions of higher | ||||||
18 | education. Determinations by a public institution of higher | ||||||
19 | education related to its ability to adequately fulfill its | ||||||
20 | academic and research missions shall be made in writing by the | ||||||
21 | institution.
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22 | (30 ILCS 500/20-25)
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23 | Sec. 20-25. Sole source procurements. |
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1 | (a) In accordance with
standards set by rule,
contracts may | ||||||
2 | be awarded without use of the specified
method of source | ||||||
3 | selection when
there is only one economically feasible source | ||||||
4 | for the item. A State contract may not be awarded as a sole | ||||||
5 | source procurement unless approved by the chief procurement | ||||||
6 | officer . If any person files an objection to the notice of a | ||||||
7 | sole source procurement during the notice period required by | ||||||
8 | subsection (c), the chief procurement officer shall provide | ||||||
9 | following a public hearing at which the chief procurement | ||||||
10 | officer , State purchasing officer, or State agency presents and | ||||||
11 | purchasing agency present written justification for the | ||||||
12 | procurement method. The Procurement Policy Board and the public | ||||||
13 | may present testimony. | ||||||
14 | (b) This Section may not be used as a basis for amending a | ||||||
15 | contract for professional or artistic services if the amendment | ||||||
16 | would result in an increase in the amount paid under the | ||||||
17 | contract of more than 5% of the initial award, or would extend | ||||||
18 | the contract term beyond the time reasonably needed for a | ||||||
19 | competitive procurement, not to exceed 2 months. This | ||||||
20 | subsection does not apply to the amendment of contracts by | ||||||
21 | public institutions of higher education if the institution | ||||||
22 | determines that failure to enter into any such amendment may | ||||||
23 | impair its ability to adequately fulfill its academic and | ||||||
24 | research missions. | ||||||
25 | (c) Notice of intent to enter into a sole source contract | ||||||
26 | shall be provided to the Procurement Policy Board and published |
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1 | in the online electronic Bulletin at least 14 days before the | ||||||
2 | public hearing required in subsection (a). The notice shall | ||||||
3 | include the sole source procurement justification form | ||||||
4 | prescribed by the Board, a description of the item to be | ||||||
5 | procured, the intended sole source contractor, and the date, | ||||||
6 | time, and location of the public hearing. A copy of the notice | ||||||
7 | and all documents provided at the hearing shall be included in | ||||||
8 | the subsequent Procurement Bulletin.
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9 | (d) By August 1 each year, each chief procurement officer | ||||||
10 | shall file a report with the General Assembly identifying each | ||||||
11 | contract the officer sought under the sole source procurement | ||||||
12 | method and providing the justification given for seeking sole | ||||||
13 | source as the procurement method for each of those contracts. | ||||||
14 | (Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793 | ||||||
15 | for the effective date of changes made by P.A. 96-795); 96-920, | ||||||
16 | eff. 7-1-10.)
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17 | (30 ILCS 500/20-30)
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18 | Sec. 20-30. Emergency purchases.
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19 | (a) Conditions for use. In accordance with standards set by
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20 | rule, a purchasing
agency may make emergency procurements | ||||||
21 | without competitive sealed
bidding or prior notice
when there | ||||||
22 | exists a threat to public health or public safety, or
when | ||||||
23 | immediate expenditure is
necessary for repairs to State | ||||||
24 | property in order to protect
against further loss of or damage | ||||||
25 | to
State property, to prevent or minimize serious disruption in |
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1 | critical State
services that affect health, safety, or | ||||||
2 | collection of substantial State revenues, or to ensure the
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3 | integrity of State records; provided, however, that the term of | ||||||
4 | the emergency purchase shall be limited to the time reasonably | ||||||
5 | needed for a competitive procurement, not to exceed 90 days. A | ||||||
6 | contract may be extended beyond 90 days if the chief | ||||||
7 | procurement officer determines additional time is necessary | ||||||
8 | and that the contract scope and duration are limited to the | ||||||
9 | emergency. If any person files an objection to the notice of | ||||||
10 | extension required by subsection (b), the chief procurement | ||||||
11 | officer shall provide a public hearing at which the chief | ||||||
12 | procurement officer, State purchasing officer, or State agency | ||||||
13 | presents written justification for the extension. The | ||||||
14 | Procurement Policy Board and members Prior to execution of the | ||||||
15 | extension, the chief procurement officer must hold a public | ||||||
16 | hearing and provide written justification for all emergency | ||||||
17 | contracts. Members of the public may present testimony. | ||||||
18 | Emergency procurements shall be made
with as much competition
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19 | as is practicable under the circumstances.
A written
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20 | description of the basis for the emergency and reasons for the
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21 | selection of the particular
contractor shall be included in the | ||||||
22 | contract file.
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23 | (b) Notice. Notice of all emergency procurements shall be | ||||||
24 | provided to the Procurement Policy Board and published in the | ||||||
25 | online electronic Bulletin no later than 3 business days after | ||||||
26 | the contract is awarded. Notice of intent to extend an |
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1 | emergency contract shall be provided to the Procurement Policy | ||||||
2 | Board and published in the online electronic Bulletin at least | ||||||
3 | 14 days before the public hearing. Notice shall include at | ||||||
4 | least a description of the need for the emergency purchase, the | ||||||
5 | contractor, and if applicable, the date, time, and location of | ||||||
6 | the public hearing. A copy of this notice and all documents | ||||||
7 | provided at the hearing shall be included in the subsequent | ||||||
8 | Procurement Bulletin. Before the next appropriate volume of the | ||||||
9 | Illinois Procurement
Bulletin, the purchasing agency shall | ||||||
10 | publish in the
Illinois Procurement Bulletin a copy of each | ||||||
11 | written description
and reasons and the total cost
of each | ||||||
12 | emergency procurement made during the previous month.
When only | ||||||
13 | an estimate of the
total cost is known at the time of | ||||||
14 | publication, the estimate shall
be identified as an estimate | ||||||
15 | and
published. When the actual total cost is determined, it | ||||||
16 | shall
also be published in like manner
before the 10th day of | ||||||
17 | the next succeeding month.
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18 | (c) Affidavits. A chief procurement officer making a | ||||||
19 | procurement
under this Section shall file
affidavits with the | ||||||
20 | Procurement Policy Board and the Auditor General within
10 days
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21 | after the procurement setting
forth the amount expended, the | ||||||
22 | name of the contractor involved,
and the conditions and
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23 | circumstances requiring the emergency procurement. When only | ||||||
24 | an
estimate of the cost is
available within 10 days after the | ||||||
25 | procurement, the actual cost
shall be reported immediately
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26 | after it is determined. At the end of each fiscal quarter, the
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1 | Auditor General shall file with the
Legislative Audit | ||||||
2 | Commission and the Governor a complete listing
of all emergency
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3 | procurements reported during that fiscal quarter. The | ||||||
4 | Legislative
Audit Commission shall
review the emergency | ||||||
5 | procurements so reported and, in its annual
reports, advise the | ||||||
6 | General
Assembly of procurements that appear to constitute an | ||||||
7 | abuse of
this Section.
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8 | (d) Quick purchases. The chief procurement officer may | ||||||
9 | promulgate rules
extending the circumstances by which a | ||||||
10 | purchasing agency may make purchases
under this Section, | ||||||
11 | including but not limited to the procurement of items
available | ||||||
12 | at a discount for a limited period of time.
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13 | (e) The changes to this Section made by this amendatory Act | ||||||
14 | of the 96th General Assembly apply to procurements executed on | ||||||
15 | or after its effective date.
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16 | (Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793 | ||||||
17 | for the effective date of changes made by P.A. 96-795) .)
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18 | (30 ILCS 500/20-43)
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19 | Sec. 20-43. Bidder or offeror authorized to do business in | ||||||
20 | Illinois. In addition to meeting any other requirement of law | ||||||
21 | or rule, a person (other than an individual acting as a sole | ||||||
22 | proprietor) may qualify as a bidder or offeror under this Code | ||||||
23 | only if the person is a legal entity authorized to do business | ||||||
24 | in Illinois prior to submitting the bid, offer, or proposal. A | ||||||
25 | public institution of higher education may consider a bid or |
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1 | offer from a person not authorized to do business in Illinois | ||||||
2 | if the institution determines that failure to accept a bid or | ||||||
3 | offer may impair its ability to adequately fulfill its academic | ||||||
4 | and research missions and if such authorization to do business | ||||||
5 | in Illinois, if required, is obtained prior to execution of | ||||||
6 | contract.
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7 | (Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793 | ||||||
8 | for the effective date of P.A. 96-795) .)
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9 | (30 ILCS 500/20-90)
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10 | Sec. 20-90. Foreign country procurements. Procurements to | ||||||
11 | meet the needs
of State offices located in foreign countries , | ||||||
12 | procurements related to higher education program activities | ||||||
13 | that operate in foreign countries, and procurements made by a | ||||||
14 | public institution of higher education from a foreign entity | ||||||
15 | that does not maintain an office in the United States shall | ||||||
16 | comply with the provisions
of this Code to the extent | ||||||
17 | practical.
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18 | (Source: P.A. 90-572, eff. date - See Sec. 99-5.)
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19 | (30 ILCS 500/25-15)
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20 | Sec. 25-15. Method of source selection.
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21 | (a) Competitive sealed bidding. Except as provided in
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22 | subsection (b) and Sections 20-20,
20-25, and 20-30,
all State
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23 | contracts for supplies and services shall be awarded by
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24 | competitive sealed bidding in accordance with
Section 20-10.
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1 | (b) Other methods. Unless otherwise provided by law, the | ||||||
2 | The chief procurement officer may establish by rule
(i) | ||||||
3 | categories of purchases, including non-governmental joint | ||||||
4 | purchases, that
may
be made without competitive sealed bidding | ||||||
5 | and (ii) the most
competitive alternate method of source
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6 | selection that shall be used for each category of purchase. | ||||||
7 | (c) Academic and research mission needs of public | ||||||
8 | institutions of higher education. A public institution of | ||||||
9 | higher education may accept modified vendor qualifications, | ||||||
10 | including applicable registrations, certifications, | ||||||
11 | disclosures, and other requirements if it determines in writing | ||||||
12 | that failure to accept such modified qualifications may impair | ||||||
13 | its ability to adequately fulfill its academic and research | ||||||
14 | missions.
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15 | (Source: P.A. 90-572, eff. date - See Sec. 99-5.)
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16 | (30 ILCS 500/50-39) | ||||||
17 | Sec. 50-39. Procurement communications reporting | ||||||
18 | requirement. | ||||||
19 | (a) Any written or oral communication that (i) is received | ||||||
20 | by a State employee who, by nature of his or her duties has the | ||||||
21 | authority to participate personally and substantially in the | ||||||
22 | award of a State contract and (ii) that imparts or requests | ||||||
23 | material information or makes a material argument regarding | ||||||
24 | potential action concerning a procurement matter, including, | ||||||
25 | but not limited to, an application, a contract, or a project, |
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1 | shall be reported to the Procurement Policy Board. When | ||||||
2 | multiple State employees are party to the same communication, | ||||||
3 | only one need report. These communications do not include the | ||||||
4 | following: (i) statements by a person publicly made in a public | ||||||
5 | forum; (ii) statements regarding matters of procedure and | ||||||
6 | practice, such as format, the number of copies required, the | ||||||
7 | manner of filing, and the status of a matter; and (iii) | ||||||
8 | statements made by a State employee of the agency to the agency | ||||||
9 | head or other employees of that agency or to the employees of | ||||||
10 | the Executive Ethics Commission ; (iv) statements made by an | ||||||
11 | employee of a State agency or a public institution of higher | ||||||
12 | education concerning cooperative procurement activities among | ||||||
13 | or between State agencies or public institutions of higher | ||||||
14 | education and any institutional cooperatives, organizations, | ||||||
15 | and entities where a public institution of higher education is | ||||||
16 | a member; (v) communications related to grants, research, or | ||||||
17 | sponsored programs administered by public institutions of | ||||||
18 | higher education; (vi) communications regarding transactions | ||||||
19 | less than the small purchase amount set forth in this Code for | ||||||
20 | procurements made on behalf of public institutions of higher | ||||||
21 | education; and (vii) proprietary information . The provisions | ||||||
22 | of this Section shall not apply to communications regarding the | ||||||
23 | administration and implementation of an existing contract, | ||||||
24 | except communications regarding change orders or the renewal or | ||||||
25 | extension of a contract. | ||||||
26 | (b) The report required by subsection (a) shall be |
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1 | submitted monthly and include at least the following: (i) the | ||||||
2 | date and time of each communication; (ii) the identity of each | ||||||
3 | person from whom the written or oral communication was | ||||||
4 | received, the individual or entity represented by that person, | ||||||
5 | and any action the person requested or recommended; (iii) the | ||||||
6 | identity and job title of the person to whom each communication | ||||||
7 | was made; (iv) if a response is made, the identity and job | ||||||
8 | title of the person making each response; (v) a detailed | ||||||
9 | summary of the points made by each person involved in the | ||||||
10 | communication; (vi) the duration of the communication; (vii) | ||||||
11 | the location or locations of all persons involved in the | ||||||
12 | communication and, if the communication occurred by telephone, | ||||||
13 | the telephone numbers for the callers and recipients of the | ||||||
14 | communication; and (viii) any other pertinent information. | ||||||
15 | (c) Additionally, when an oral communication made by a | ||||||
16 | person required to register under the Lobbyist Registration Act | ||||||
17 | is received by a State employee that is covered under this | ||||||
18 | Section, all individuals who initiate or participate in the | ||||||
19 | oral communication shall submit a written report to that State | ||||||
20 | employee that memorializes the communication and includes, but | ||||||
21 | is not limited to, the items listed in subsection (b). | ||||||
22 | (d) The Procurement Policy Board shall make each report | ||||||
23 | submitted pursuant to this Section available on its website | ||||||
24 | within 7 days after its receipt of the report. The Procurement | ||||||
25 | Policy Board may promulgate rules to ensure compliance with | ||||||
26 | this Section. |
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1 | (e) The reporting requirements shall also be conveyed | ||||||
2 | through ethics training under the State Employees and Officials | ||||||
3 | and Employees Ethics Act. An employee who knowingly and | ||||||
4 | intentionally violates this Section may shall be subject to | ||||||
5 | suspension or discharge. The Executive Ethics Commission shall | ||||||
6 | promulgate rules, including emergency rules, to implement this | ||||||
7 | Section. | ||||||
8 | (f) This Section becomes operative on January 1, 2011. | ||||||
9 | (Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793 | ||||||
10 | for the effective date of changes made by P.A. 96-795); 96-920, | ||||||
11 | eff. 7-1-10; revised 9-27-10.)
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12 | Section 10. The Governmental Joint Purchasing Act is | ||||||
13 | amended by changing Sections 2, 3, and 4 as follows:
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14 | (30 ILCS 525/2) (from Ch. 85, par. 1602)
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15 | Sec. 2. Joint purchasing authority. | ||||||
16 | (a) Any governmental unit may purchase personal property, | ||||||
17 | supplies
and services jointly with one or more other | ||||||
18 | governmental units. All such joint
purchases shall be by | ||||||
19 | competitive selection bids as provided in Section 4 of this | ||||||
20 | Act.
The provisions of any other acts under which a | ||||||
21 | governmental unit operates which
refer to purchases and | ||||||
22 | procedures in connection therewith shall be superseded
by the | ||||||
23 | provisions of this Act when the governmental units are | ||||||
24 | exercising the
joint powers created by this Act.
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1 | (a-5) The Department of Central Management Services may | ||||||
2 | purchase personal property, supplies, and services jointly | ||||||
3 | with a governmental entity of another state or with a | ||||||
4 | consortium of governmental entities of one or more other | ||||||
5 | states. Subject to provisions of the joint purchasing | ||||||
6 | solicitation, the Department of Central Management Services | ||||||
7 | may designate the resulting contract as available to | ||||||
8 | governmental units in Illinois. | ||||||
9 | (b) Any not-for-profit agency that qualifies under Section | ||||||
10 | 45-35 of the Illinois Procurement Code and that either (1) acts | ||||||
11 | pursuant to a board
established by or controlled by a unit of | ||||||
12 | local government or (2) receives
grant funds from the State or | ||||||
13 | from a unit of local government, shall be
eligible to | ||||||
14 | participate in contracts established by the State. | ||||||
15 | (c) Illinois public institutions of higher education may | ||||||
16 | purchase personal property, supplies, and services jointly | ||||||
17 | with a governmental, educational, medical, research, or | ||||||
18 | similar entity, or with a consortium of such entities, where | ||||||
19 | such joint purchasing is in the best interests of the | ||||||
20 | institution. If a public institution of higher education is not | ||||||
21 | the lead party to the joint purchase, Sections 3 and 4 are not | ||||||
22 | applicable.
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23 | (Source: P.A. 96-584, eff. 1-1-10.)
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24 | (30 ILCS 525/3) (from Ch. 85, par. 1603)
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25 | Sec. 3. Conduct of competitive selection bid-letting . |
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1 | Under any agreement of governmental units that desire to make | ||||||
2 | joint
purchases pursuant to subsection (a) of Section 2, one of | ||||||
3 | the governmental units shall conduct the competitive selection | ||||||
4 | process letting of bids .
Where the State of Illinois is a party | ||||||
5 | to the joint purchase agreement, the
Department of Central | ||||||
6 | Management Services or designated public institution of higher | ||||||
7 | education shall conduct the competitive selection process | ||||||
8 | letting of
bids . Expenses of such competitive selection | ||||||
9 | processes bid-letting may be shared by the participating
| ||||||
10 | governmental units in proportion to the amount of personal | ||||||
11 | property,
supplies or services each unit purchases.
| ||||||
12 | When the State of Illinois is the lead a party to the joint
| ||||||
13 | purchase agreement pursuant to subsection (a) of Section 2, the | ||||||
14 | acceptance of competitive selection process responses bids | ||||||
15 | shall be in
accordance with the Illinois Procurement Code and
| ||||||
16 | rules promulgated under that Code. When the State of
Illinois | ||||||
17 | is not the lead a party to the joint purchase agreement, the
| ||||||
18 | acceptance of competitive selection process responses bids | ||||||
19 | shall be governed by the agreement.
| ||||||
20 | When the State of Illinois is a party to a joint purchase | ||||||
21 | agreement pursuant to subsection (a-5) of Section 2, the State | ||||||
22 | governmental unit may act as the lead procurement entity state | ||||||
23 | or as a participant state. When the State of Illinois | ||||||
24 | procurement entity is the lead procurement entity state , all | ||||||
25 | such joint purchases shall be conducted in accordance with the | ||||||
26 | Illinois Procurement Code. When Illinois is a participant |
| |||||||
| |||||||
1 | state, all such joint purchases shall be conducted in | ||||||
2 | accordance with the procurement laws of the procurement | ||||||
3 | entity's lead state; provided that all such joint procurements | ||||||
4 | must be by competitive selection process sealed bid . For those | ||||||
5 | contracts where the governmental unit is the lead procurement | ||||||
6 | entity, all All resulting awards shall be published in the | ||||||
7 | appropriate volume of the Illinois Procurement Bulletin as may | ||||||
8 | be required by Illinois law governing publication of the | ||||||
9 | solicitation, protest, and award of Illinois State contracts. | ||||||
10 | Contracts resulting from a joint purchase shall contain all | ||||||
11 | provisions required by Illinois law and rule to the extent | ||||||
12 | practical . | ||||||
13 | The personal
property, supplies or services involved shall | ||||||
14 | be distributed or rendered
directly to each governmental unit | ||||||
15 | taking part in the purchase. The person
selling the personal | ||||||
16 | property, supplies or services may bill each
governmental unit | ||||||
17 | separately for its proportionate share of the cost of the
| ||||||
18 | personal property, supplies or services purchased.
| ||||||
19 | The credit or liability of each governmental unit shall | ||||||
20 | remain separate
and distinct. Disputes between bidders and | ||||||
21 | governmental units shall be resolved
between the immediate | ||||||
22 | parties.
| ||||||
23 | (Source: P.A. 96-584, eff. 1-1-10.)
| ||||||
24 | (30 ILCS 525/4) (from Ch. 85, par. 1604)
| ||||||
25 | Sec. 4. Bids and proposals . The purchases of all personal |
| |||||||
| |||||||
1 | property, supplies and services under
this Act shall be based | ||||||
2 | on competitive, sealed bids and proposals . For purchases | ||||||
3 | pursuant to subsection (a) of Section 2, bids or proposals | ||||||
4 | shall be
solicited by public notice inserted at least once in a | ||||||
5 | newspaper of general
circulation in one of the counties where | ||||||
6 | the materials are to be used and
at least 5 calendar days | ||||||
7 | before the final date of submitting bids or proposals . Where
| ||||||
8 | the State of Illinois is a party to the joint purchase | ||||||
9 | agreement, public
notice of the seeking of soliciting the bids | ||||||
10 | or proposals shall be publicized inserted in the appropriate | ||||||
11 | volume of the Illinois Procurement Bulletin. Such notice shall | ||||||
12 | include a general description of the personal
property, | ||||||
13 | supplies or services to be purchased and shall state where all
| ||||||
14 | blanks and specifications may be obtained and the time and | ||||||
15 | place for the
opening of bids or proposals . The governmental | ||||||
16 | unit conducting the competitive selection process bid-letting | ||||||
17 | may also
solicit sealed bids or proposals by sending requests | ||||||
18 | by mail to prospective suppliers
and by posting notices on a | ||||||
19 | public bulletin board in its office.
| ||||||
20 | All purchases, orders or contracts shall be awarded to the | ||||||
21 | lowest
responsible bidder or proposer , taking into | ||||||
22 | consideration the qualities of the articles
or services | ||||||
23 | supplied, their conformity with the specifications, their
| ||||||
24 | suitability to the requirements of the participating | ||||||
25 | governmental units and
the delivery terms.
| ||||||
26 | Where the State of Illinois is not a party, all bids or |
| |||||||
| |||||||
1 | proposals may be rejected and
new bids or proposals solicited | ||||||
2 | if one or more of the participating governmental units
believes | ||||||
3 | the public interest may be served thereby. Each bid or | ||||||
4 | proposal , with the name
of the bidder, shall be entered on a | ||||||
5 | record, which record with the
successful bid or proposal | ||||||
6 | indicated thereon shall, after the award of the purchase or
| ||||||
7 | order or contract, be open to public inspection. A copy of all | ||||||
8 | contracts
shall be filed with the purchasing agent or clerk or | ||||||
9 | secretary of each
participating governmental unit.
| ||||||
10 | (Source: P.A. 96-584, eff. 1-1-10.)
| ||||||
11 | Section 99. Effective date. This Act takes effect upon | ||||||
12 | becoming law.".
|