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Illinois House Bill HB2771

Illinois 2023-2024 Regular Session

Illinois House Bill HB2771 Compare Versions

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11 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2771 Introduced , by Rep. Kevin John Olickal SYNOPSIS AS INTRODUCED: 30 ILCS 500/20-10 Amends the Illinois Procurement Code. Provides that if a bidder has failed to be awarded a contract after 4 consecutive bids to provide the same services to a single agency, the applicable chief procurement officer for that agency shall in writing detail why all 4 bids were rejected. Provides that the chief procurement officer shall submit by certified copy to the bidder the reasoning for the rejection of the bid within the same quarter in which the 4th bid was rejected and prior to 15 days before the next Illinois Procurement Bulletin for that type of bid. LRB103 29780 DTM 56187 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2771 Introduced , by Rep. Kevin John Olickal SYNOPSIS AS INTRODUCED: 30 ILCS 500/20-10 30 ILCS 500/20-10 Amends the Illinois Procurement Code. Provides that if a bidder has failed to be awarded a contract after 4 consecutive bids to provide the same services to a single agency, the applicable chief procurement officer for that agency shall in writing detail why all 4 bids were rejected. Provides that the chief procurement officer shall submit by certified copy to the bidder the reasoning for the rejection of the bid within the same quarter in which the 4th bid was rejected and prior to 15 days before the next Illinois Procurement Bulletin for that type of bid. LRB103 29780 DTM 56187 b LRB103 29780 DTM 56187 b A BILL FOR
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2771 Introduced , by Rep. Kevin John Olickal SYNOPSIS AS INTRODUCED:
33 30 ILCS 500/20-10 30 ILCS 500/20-10
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55 Amends the Illinois Procurement Code. Provides that if a bidder has failed to be awarded a contract after 4 consecutive bids to provide the same services to a single agency, the applicable chief procurement officer for that agency shall in writing detail why all 4 bids were rejected. Provides that the chief procurement officer shall submit by certified copy to the bidder the reasoning for the rejection of the bid within the same quarter in which the 4th bid was rejected and prior to 15 days before the next Illinois Procurement Bulletin for that type of bid.
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1111 1 AN ACT concerning finance.
1212 2 Be it enacted by the People of the State of Illinois,
1313 3 represented in the General Assembly:
1414 4 Section 5. The Illinois Procurement Code is amended by
1515 5 changing Section 20-10 as follows:
1616 6 (30 ILCS 500/20-10)
1717 7 (Text of Section from P.A. 96-159, 96-588, 97-96, 97-895,
1818 8 98-1076, 99-906, 100-43, 101-31, 101-657, and 102-29)
1919 9 Sec. 20-10. Competitive sealed bidding; reverse auction.
2020 10 (a) Conditions for use. All contracts shall be awarded by
2121 11 competitive sealed bidding except as otherwise provided in
2222 12 Section 20-5.
2323 13 (b) Invitation for bids. An invitation for bids shall be
2424 14 issued and shall include a purchase description and the
2525 15 material contractual terms and conditions applicable to the
2626 16 procurement.
2727 17 (c) Public notice. Public notice of the invitation for
2828 18 bids shall be published in the Illinois Procurement Bulletin
2929 19 at least 14 calendar days before the date set in the invitation
3030 20 for the opening of bids.
3131 21 (d) Bid opening. Bids shall be opened publicly or through
3232 22 an electronic procurement system in the presence of one or
3333 23 more witnesses at the time and place designated in the
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3737 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2771 Introduced , by Rep. Kevin John Olickal SYNOPSIS AS INTRODUCED:
3838 30 ILCS 500/20-10 30 ILCS 500/20-10
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4040 Amends the Illinois Procurement Code. Provides that if a bidder has failed to be awarded a contract after 4 consecutive bids to provide the same services to a single agency, the applicable chief procurement officer for that agency shall in writing detail why all 4 bids were rejected. Provides that the chief procurement officer shall submit by certified copy to the bidder the reasoning for the rejection of the bid within the same quarter in which the 4th bid was rejected and prior to 15 days before the next Illinois Procurement Bulletin for that type of bid.
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6868 1 invitation for bids. The name of each bidder, including earned
6969 2 and applied bid credit from the Illinois Works Jobs Program
7070 3 Act, the amount of each bid, and other relevant information as
7171 4 may be specified by rule shall be recorded. After the award of
7272 5 the contract, the winning bid and the record of each
7373 6 unsuccessful bid shall be open to public inspection.
7474 7 (e) Bid acceptance and bid evaluation. Bids shall be
7575 8 unconditionally accepted without alteration or correction,
7676 9 except as authorized in this Code. Bids shall be evaluated
7777 10 based on the requirements set forth in the invitation for
7878 11 bids, which may include criteria to determine acceptability
7979 12 such as inspection, testing, quality, workmanship, delivery,
8080 13 and suitability for a particular purpose. Those criteria that
8181 14 will affect the bid price and be considered in evaluation for
8282 15 award, such as discounts, transportation costs, and total or
8383 16 life cycle costs, shall be objectively measurable. The
8484 17 invitation for bids shall set forth the evaluation criteria to
8585 18 be used.
8686 19 (f) Correction or withdrawal of bids. Correction or
8787 20 withdrawal of inadvertently erroneous bids before or after
8888 21 award, or cancellation of awards of contracts based on bid
8989 22 mistakes, shall be permitted in accordance with rules. After
9090 23 bid opening, no changes in bid prices or other provisions of
9191 24 bids prejudicial to the interest of the State or fair
9292 25 competition shall be permitted. All decisions to permit the
9393 26 correction or withdrawal of bids based on bid mistakes shall
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104104 1 be supported by written determination made by a State
105105 2 purchasing officer.
106106 3 (g) Award. The contract shall be awarded with reasonable
107107 4 promptness by written notice to the lowest responsible and
108108 5 responsive bidder whose bid meets the requirements and
109109 6 criteria set forth in the invitation for bids, except when a
110110 7 State purchasing officer determines it is not in the best
111111 8 interest of the State and by written explanation determines
112112 9 another bidder shall receive the award. The explanation shall
113113 10 appear in the appropriate volume of the Illinois Procurement
114114 11 Bulletin. The written explanation must include:
115115 12 (1) a description of the agency's needs;
116116 13 (2) a determination that the anticipated cost will be
117117 14 fair and reasonable;
118118 15 (3) a listing of all responsible and responsive
119119 16 bidders; and
120120 17 (4) the name of the bidder selected, the total
121121 18 contract price, and the reasons for selecting that bidder.
122122 19 Each chief procurement officer may adopt guidelines to
123123 20 implement the requirements of this subsection (g).
124124 21 The written explanation shall be filed with the
125125 22 Legislative Audit Commission, and the Commission on Equity and
126126 23 Inclusion, and the Procurement Policy Board, and be made
127127 24 available for inspection by the public, within 14 calendar
128128 25 days after the agency's decision to award the contract.
129129 26 (g-5) Failed bid notice. In addition to the requirements
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140140 1 of subsection (g), if a bidder has failed to be awarded a
141141 2 contract after 4 consecutive bids to provide the same services
142142 3 to a single agency, the applicable chief procurement officer
143143 4 for that agency shall in writing detail why all 4 bids were
144144 5 rejected. The chief procurement officer shall submit by
145145 6 certified copy to the bidder the reasoning for the rejection
146146 7 of the bid within the same quarter in which the 4th bid was
147147 8 rejected and prior to 15 days before the next Illinois
148148 9 Procurement Bulletin for that type of bid.
149149 10 (h) Multi-step sealed bidding. When it is considered
150150 11 impracticable to initially prepare a purchase description to
151151 12 support an award based on price, an invitation for bids may be
152152 13 issued requesting the submission of unpriced offers to be
153153 14 followed by an invitation for bids limited to those bidders
154154 15 whose offers have been qualified under the criteria set forth
155155 16 in the first solicitation.
156156 17 (i) Alternative procedures. Notwithstanding any other
157157 18 provision of this Act to the contrary, the Director of the
158158 19 Illinois Power Agency may create alternative bidding
159159 20 procedures to be used in procuring professional services under
160160 21 Section 1-56, subsections (a) and (c) of Section 1-75 and
161161 22 subsection (d) of Section 1-78 of the Illinois Power Agency
162162 23 Act and Section 16-111.5(c) of the Public Utilities Act and to
163163 24 procure renewable energy resources under Section 1-56 of the
164164 25 Illinois Power Agency Act. These alternative procedures shall
165165 26 be set forth together with the other criteria contained in the
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176176 1 invitation for bids, and shall appear in the appropriate
177177 2 volume of the Illinois Procurement Bulletin.
178178 3 (j) Reverse auction. Notwithstanding any other provision
179179 4 of this Section and in accordance with rules adopted by the
180180 5 chief procurement officer, that chief procurement officer may
181181 6 procure supplies or services through a competitive electronic
182182 7 auction bidding process after the chief procurement officer
183183 8 determines that the use of such a process will be in the best
184184 9 interest of the State. The chief procurement officer shall
185185 10 publish that determination in his or her next volume of the
186186 11 Illinois Procurement Bulletin.
187187 12 An invitation for bids shall be issued and shall include
188188 13 (i) a procurement description, (ii) all contractual terms,
189189 14 whenever practical, and (iii) conditions applicable to the
190190 15 procurement, including a notice that bids will be received in
191191 16 an electronic auction manner.
192192 17 Public notice of the invitation for bids shall be given in
193193 18 the same manner as provided in subsection (c).
194194 19 Bids shall be accepted electronically at the time and in
195195 20 the manner designated in the invitation for bids. During the
196196 21 auction, a bidder's price shall be disclosed to other bidders.
197197 22 Bidders shall have the opportunity to reduce their bid prices
198198 23 during the auction. At the conclusion of the auction, the
199199 24 record of the bid prices received and the name of each bidder
200200 25 shall be open to public inspection.
201201 26 After the auction period has terminated, withdrawal of
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212212 1 bids shall be permitted as provided in subsection (f).
213213 2 The contract shall be awarded within 60 calendar days
214214 3 after the auction by written notice to the lowest responsible
215215 4 bidder, or all bids shall be rejected except as otherwise
216216 5 provided in this Code. Extensions of the date for the award may
217217 6 be made by mutual written consent of the State purchasing
218218 7 officer and the lowest responsible bidder.
219219 8 This subsection does not apply to (i) procurements of
220220 9 professional and artistic services, (ii) telecommunications
221221 10 services, communication services, and information services,
222222 11 and (iii) contracts for construction projects, including
223223 12 design professional services.
224224 13 (Source: P.A. 100-43, eff. 8-9-17; 101-31, eff. 6-28-19;
225225 14 101-657, eff. 1-1-22; 102-29, eff. 6-25-21.)
226226 15 (Text of Section from P.A. 96-159, 96-795, 97-96, 97-895,
227227 16 98-1076, 99-906, 100-43, 101-31, 101-657, and 102-29)
228228 17 Sec. 20-10. Competitive sealed bidding; reverse auction.
229229 18 (a) Conditions for use. All contracts shall be awarded by
230230 19 competitive sealed bidding except as otherwise provided in
231231 20 Section 20-5.
232232 21 (b) Invitation for bids. An invitation for bids shall be
233233 22 issued and shall include a purchase description and the
234234 23 material contractual terms and conditions applicable to the
235235 24 procurement.
236236 25 (c) Public notice. Public notice of the invitation for
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247247 1 bids shall be published in the Illinois Procurement Bulletin
248248 2 at least 14 calendar days before the date set in the invitation
249249 3 for the opening of bids.
250250 4 (d) Bid opening. Bids shall be opened publicly or through
251251 5 an electronic procurement system in the presence of one or
252252 6 more witnesses at the time and place designated in the
253253 7 invitation for bids. The name of each bidder, including earned
254254 8 and applied bid credit from the Illinois Works Jobs Program
255255 9 Act, the amount of each bid, and other relevant information as
256256 10 may be specified by rule shall be recorded. After the award of
257257 11 the contract, the winning bid and the record of each
258258 12 unsuccessful bid shall be open to public inspection.
259259 13 (e) Bid acceptance and bid evaluation. Bids shall be
260260 14 unconditionally accepted without alteration or correction,
261261 15 except as authorized in this Code. Bids shall be evaluated
262262 16 based on the requirements set forth in the invitation for
263263 17 bids, which may include criteria to determine acceptability
264264 18 such as inspection, testing, quality, workmanship, delivery,
265265 19 and suitability for a particular purpose. Those criteria that
266266 20 will affect the bid price and be considered in evaluation for
267267 21 award, such as discounts, transportation costs, and total or
268268 22 life cycle costs, shall be objectively measurable. The
269269 23 invitation for bids shall set forth the evaluation criteria to
270270 24 be used.
271271 25 (f) Correction or withdrawal of bids. Correction or
272272 26 withdrawal of inadvertently erroneous bids before or after
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283283 1 award, or cancellation of awards of contracts based on bid
284284 2 mistakes, shall be permitted in accordance with rules. After
285285 3 bid opening, no changes in bid prices or other provisions of
286286 4 bids prejudicial to the interest of the State or fair
287287 5 competition shall be permitted. All decisions to permit the
288288 6 correction or withdrawal of bids based on bid mistakes shall
289289 7 be supported by written determination made by a State
290290 8 purchasing officer.
291291 9 (g) Award. The contract shall be awarded with reasonable
292292 10 promptness by written notice to the lowest responsible and
293293 11 responsive bidder whose bid meets the requirements and
294294 12 criteria set forth in the invitation for bids, except when a
295295 13 State purchasing officer determines it is not in the best
296296 14 interest of the State and by written explanation determines
297297 15 another bidder shall receive the award. The explanation shall
298298 16 appear in the appropriate volume of the Illinois Procurement
299299 17 Bulletin. The written explanation must include:
300300 18 (1) a description of the agency's needs;
301301 19 (2) a determination that the anticipated cost will be
302302 20 fair and reasonable;
303303 21 (3) a listing of all responsible and responsive
304304 22 bidders; and
305305 23 (4) the name of the bidder selected, the total
306306 24 contract price, and the reasons for selecting that bidder.
307307 25 Each chief procurement officer may adopt guidelines to
308308 26 implement the requirements of this subsection (g).
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319319 1 The written explanation shall be filed with the
320320 2 Legislative Audit Commission, and the Commission on Equity and
321321 3 Inclusion, and the Procurement Policy Board, and be made
322322 4 available for inspection by the public, within 14 days after
323323 5 the agency's decision to award the contract.
324324 6 (g-5) Failed bid notice. In addition to the requirements
325325 7 of subsection (g), if a bidder has failed to be awarded a
326326 8 contract after 4 consecutive bids to provide the same services
327327 9 to a single agency, the applicable chief procurement officer
328328 10 for that agency shall in writing detail why all 4 bids were
329329 11 rejected. The chief procurement officer shall submit by
330330 12 certified copy to the bidder the reasoning for the rejection
331331 13 of the bid within the same quarter in which the 4th bid was
332332 14 rejected and prior to 15 days before the next Illinois
333333 15 Procurement Bulletin for that type of bid.
334334 16 (h) Multi-step sealed bidding. When it is considered
335335 17 impracticable to initially prepare a purchase description to
336336 18 support an award based on price, an invitation for bids may be
337337 19 issued requesting the submission of unpriced offers to be
338338 20 followed by an invitation for bids limited to those bidders
339339 21 whose offers have been qualified under the criteria set forth
340340 22 in the first solicitation.
341341 23 (i) Alternative procedures. Notwithstanding any other
342342 24 provision of this Act to the contrary, the Director of the
343343 25 Illinois Power Agency may create alternative bidding
344344 26 procedures to be used in procuring professional services under
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355355 1 subsections (a) and (c) of Section 1-75 and subsection (d) of
356356 2 Section 1-78 of the Illinois Power Agency Act and Section
357357 3 16-111.5(c) of the Public Utilities Act and to procure
358358 4 renewable energy resources under Section 1-56 of the Illinois
359359 5 Power Agency Act. These alternative procedures shall be set
360360 6 forth together with the other criteria contained in the
361361 7 invitation for bids, and shall appear in the appropriate
362362 8 volume of the Illinois Procurement Bulletin.
363363 9 (j) Reverse auction. Notwithstanding any other provision
364364 10 of this Section and in accordance with rules adopted by the
365365 11 chief procurement officer, that chief procurement officer may
366366 12 procure supplies or services through a competitive electronic
367367 13 auction bidding process after the chief procurement officer
368368 14 determines that the use of such a process will be in the best
369369 15 interest of the State. The chief procurement officer shall
370370 16 publish that determination in his or her next volume of the
371371 17 Illinois Procurement Bulletin.
372372 18 An invitation for bids shall be issued and shall include
373373 19 (i) a procurement description, (ii) all contractual terms,
374374 20 whenever practical, and (iii) conditions applicable to the
375375 21 procurement, including a notice that bids will be received in
376376 22 an electronic auction manner.
377377 23 Public notice of the invitation for bids shall be given in
378378 24 the same manner as provided in subsection (c).
379379 25 Bids shall be accepted electronically at the time and in
380380 26 the manner designated in the invitation for bids. During the
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391391 1 auction, a bidder's price shall be disclosed to other bidders.
392392 2 Bidders shall have the opportunity to reduce their bid prices
393393 3 during the auction. At the conclusion of the auction, the
394394 4 record of the bid prices received and the name of each bidder
395395 5 shall be open to public inspection.
396396 6 After the auction period has terminated, withdrawal of
397397 7 bids shall be permitted as provided in subsection (f).
398398 8 The contract shall be awarded within 60 calendar days
399399 9 after the auction by written notice to the lowest responsible
400400 10 bidder, or all bids shall be rejected except as otherwise
401401 11 provided in this Code. Extensions of the date for the award may
402402 12 be made by mutual written consent of the State purchasing
403403 13 officer and the lowest responsible bidder.
404404 14 This subsection does not apply to (i) procurements of
405405 15 professional and artistic services, (ii) telecommunications
406406 16 services, communication services, and information services,
407407 17 and (iii) contracts for construction projects, including
408408 18 design professional services.
409409 19 (Source: P.A. 101-31, eff. 6-28-19; 101-657, eff. 1-1-22;
410410 20 102-29, eff. 6-25-21.)
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