HB2303 EngrossedLRB103 27450 DTM 53822 b HB2303 Engrossed LRB103 27450 DTM 53822 b HB2303 Engrossed LRB103 27450 DTM 53822 b 1 AN ACT concerning finance. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Governmental Joint Purchasing Act is 5 amended by changing Section 4.05 as follows: 6 (30 ILCS 525/4.05) 7 Sec. 4.05. Other methods of joint purchases. 8 (a) It may be determined that it is impractical to obtain 9 competition because either (i) there is only one 10 economically-feasible source for the item, or (ii) there is a 11 threat to public health or public safety, or when immediate 12 expenditure is necessary to prevent or minimize serious 13 disruption in critical State services that affect health, 14 safety, or collection of substantial State revenues, or to 15 ensure the integrity of State records, or (iii) it is in the 16 best interest of the State to award a contract to a qualified 17 not-for-profit agency for persons with significant 18 disabilities under Section 45-35 of the Illinois Procurement 19 Code. 20 (b) When the State of Illinois is a party to the joint 21 purchase agreement, the applicable chief procurement officer 22 shall make a determination whether (i) there is only one 23 economically feasible source for the item, or (ii) that there HB2303 Engrossed LRB103 27450 DTM 53822 b HB2303 Engrossed- 2 -LRB103 27450 DTM 53822 b HB2303 Engrossed - 2 - LRB103 27450 DTM 53822 b HB2303 Engrossed - 2 - LRB103 27450 DTM 53822 b 1 exists a threat to public health or public safety or that 2 immediate expenditure is necessary to prevent or minimize 3 serious disruption in critical State services, or (iii) the 4 contract is eligible to be awarded to a not-for-profit agency 5 for persons with significant disabilities under Section 45-35 6 of the Illinois Procurement Code. 7 (c) When there is only one economically feasible source 8 for the item, the chief procurement officer may authorize a 9 sole economically-feasible source contract. When there exists 10 a threat to public health or public safety or when immediate 11 expenditure is necessary to prevent or minimize serious 12 disruption in critical State services, the chief procurement 13 officer may authorize an emergency procurement without 14 competitive sealed bidding or competitive sealed proposals or 15 prior notice. When an agency requests to award a contract to a 16 not-for-profit agency for persons with significant 17 disabilities under to Section 45-35 of the Illinois 18 Procurement Code, the chief procurement officer may authorize 19 the award. 20 (d) All joint purchases made pursuant to this Section 21 shall follow the same procedures for sole source contracts in 22 the Illinois Procurement Code when the chief procurement 23 officer determines there is only one economically-feasible 24 source for the item. All joint purchases made pursuant to this 25 Section shall follow the same procedures for emergency 26 purchases in the Illinois Procurement Code when the chief HB2303 Engrossed - 2 - LRB103 27450 DTM 53822 b HB2303 Engrossed- 3 -LRB103 27450 DTM 53822 b HB2303 Engrossed - 3 - LRB103 27450 DTM 53822 b HB2303 Engrossed - 3 - LRB103 27450 DTM 53822 b 1 procurement officer determines immediate expenditure is 2 necessary to prevent or minimize serious disruption in 3 critical State services that affect health, safety, or 4 collection of substantial State revenues, or to ensure the 5 integrity of State records. All joint purchases made under 6 this Section shall follow the same procedures for 7 not-for-profit agencies for persons with significant 8 disabilities under to Section 45-35 of the Illinois 9 Procurement Code when the chief procurement officer determines 10 that it is in the best interest of the State. 11 (e) Each chief procurement officer shall submit to the 12 General Assembly by November 1 of each year a report of 13 procurements made under this Section. 14 (Source: P.A. 100-43, eff. 8-9-17.) HB2303 Engrossed - 3 - LRB103 27450 DTM 53822 b