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Illinois House Bill HB3737

Illinois 2023-2024 Regular Session

Illinois House Bill HB3737 Compare Versions

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11 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3737 Introduced , by Rep. William "Will" Davis SYNOPSIS AS INTRODUCED: 30 ILCS 500/20-10 30 ILCS 500/50-95 new30 ILCS 500/50-100 new Amends the Illinois Procurement Code. Requires State agencies to create an annual report detailing their procurement practices. 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, then the applicable chief procurement officer for that agency shall in writing detail why all 4 bids were rejected. Provides that the Department of Central Management Services shall, in consultation with State agencies, develop a scorecard for the assessment of bidders, which must include a line item for the ability of the bidder to meet the agency's DBE/BEP goals. Effective immediately. LRB103 26826 HLH 53190 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3737 Introduced , by Rep. William "Will" Davis SYNOPSIS AS INTRODUCED: 30 ILCS 500/20-10 30 ILCS 500/50-95 new30 ILCS 500/50-100 new 30 ILCS 500/20-10 30 ILCS 500/50-95 new 30 ILCS 500/50-100 new Amends the Illinois Procurement Code. Requires State agencies to create an annual report detailing their procurement practices. 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, then the applicable chief procurement officer for that agency shall in writing detail why all 4 bids were rejected. Provides that the Department of Central Management Services shall, in consultation with State agencies, develop a scorecard for the assessment of bidders, which must include a line item for the ability of the bidder to meet the agency's DBE/BEP goals. Effective immediately. LRB103 26826 HLH 53190 b LRB103 26826 HLH 53190 b A BILL FOR
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3737 Introduced , by Rep. William "Will" Davis SYNOPSIS AS INTRODUCED:
33 30 ILCS 500/20-10 30 ILCS 500/50-95 new30 ILCS 500/50-100 new 30 ILCS 500/20-10 30 ILCS 500/50-95 new 30 ILCS 500/50-100 new
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77 Amends the Illinois Procurement Code. Requires State agencies to create an annual report detailing their procurement practices. 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, then the applicable chief procurement officer for that agency shall in writing detail why all 4 bids were rejected. Provides that the Department of Central Management Services shall, in consultation with State agencies, develop a scorecard for the assessment of bidders, which must include a line item for the ability of the bidder to meet the agency's DBE/BEP goals. Effective immediately.
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1010 A BILL FOR
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1313 1 AN ACT concerning finance.
1414 2 Be it enacted by the People of the State of Illinois,
1515 3 represented in the General Assembly:
1616 4 Section 5. The Illinois Procurement Code is amended by
1717 5 changing Section 20-10 and by adding Sections 50-95 and 50-100
1818 6 as follows:
1919 7 (30 ILCS 500/20-10)
2020 8 (Text of Section from P.A. 96-159, 96-588, 97-96, 97-895,
2121 9 98-1076, 99-906, 100-43, 101-31, 101-657, and 102-29)
2222 10 Sec. 20-10. Competitive sealed bidding; reverse auction.
2323 11 (a) Conditions for use. All contracts shall be awarded by
2424 12 competitive sealed bidding except as otherwise provided in
2525 13 Section 20-5.
2626 14 (b) Invitation for bids. An invitation for bids shall be
2727 15 issued and shall include a purchase description and the
2828 16 material contractual terms and conditions applicable to the
2929 17 procurement.
3030 18 (c) Public notice. Public notice of the invitation for
3131 19 bids shall be published in the Illinois Procurement Bulletin
3232 20 at least 14 calendar days before the date set in the invitation
3333 21 for the opening of bids.
3434 22 (d) Bid opening. Bids shall be opened publicly or through
3535 23 an electronic procurement system in the presence of one or
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3939 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3737 Introduced , by Rep. William "Will" Davis SYNOPSIS AS INTRODUCED:
4040 30 ILCS 500/20-10 30 ILCS 500/50-95 new30 ILCS 500/50-100 new 30 ILCS 500/20-10 30 ILCS 500/50-95 new 30 ILCS 500/50-100 new
4141 30 ILCS 500/20-10
4242 30 ILCS 500/50-95 new
4343 30 ILCS 500/50-100 new
4444 Amends the Illinois Procurement Code. Requires State agencies to create an annual report detailing their procurement practices. 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, then the applicable chief procurement officer for that agency shall in writing detail why all 4 bids were rejected. Provides that the Department of Central Management Services shall, in consultation with State agencies, develop a scorecard for the assessment of bidders, which must include a line item for the ability of the bidder to meet the agency's DBE/BEP goals. Effective immediately.
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7474 1 more witnesses at the time and place designated in the
7575 2 invitation for bids. The name of each bidder, including earned
7676 3 and applied bid credit from the Illinois Works Jobs Program
7777 4 Act, the amount of each bid, and other relevant information as
7878 5 may be specified by rule shall be recorded. After the award of
7979 6 the contract, the winning bid and the record of each
8080 7 unsuccessful bid shall be open to public inspection.
8181 8 (e) Bid acceptance and bid evaluation. Bids shall be
8282 9 unconditionally accepted without alteration or correction,
8383 10 except as authorized in this Code. Bids shall be evaluated
8484 11 based on the requirements set forth in the invitation for
8585 12 bids, which may include criteria to determine acceptability
8686 13 such as inspection, testing, quality, workmanship, delivery,
8787 14 and suitability for a particular purpose. Those criteria that
8888 15 will affect the bid price and be considered in evaluation for
8989 16 award, such as discounts, transportation costs, and total or
9090 17 life cycle costs, shall be objectively measurable. The
9191 18 invitation for bids shall set forth the evaluation criteria to
9292 19 be used.
9393 20 (f) Correction or withdrawal of bids. Correction or
9494 21 withdrawal of inadvertently erroneous bids before or after
9595 22 award, or cancellation of awards of contracts based on bid
9696 23 mistakes, shall be permitted in accordance with rules. After
9797 24 bid opening, no changes in bid prices or other provisions of
9898 25 bids prejudicial to the interest of the State or fair
9999 26 competition shall be permitted. All decisions to permit the
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110110 1 correction or withdrawal of bids based on bid mistakes shall
111111 2 be supported by written determination made by a State
112112 3 purchasing officer.
113113 4 (g) Award. The contract shall be awarded with reasonable
114114 5 promptness by written notice to the lowest responsible and
115115 6 responsive bidder whose bid meets the requirements and
116116 7 criteria set forth in the invitation for bids, except when a
117117 8 State purchasing officer determines it is not in the best
118118 9 interest of the State and by written explanation determines
119119 10 another bidder shall receive the award. The explanation shall
120120 11 appear in the appropriate volume of the Illinois Procurement
121121 12 Bulletin. The written explanation must include:
122122 13 (1) a description of the agency's needs;
123123 14 (2) a determination that the anticipated cost will be
124124 15 fair and reasonable;
125125 16 (3) a listing of all responsible and responsive
126126 17 bidders; and
127127 18 (4) the name of the bidder selected, the total
128128 19 contract price, and the reasons for selecting that bidder.
129129 20 Each chief procurement officer may adopt guidelines to
130130 21 implement the requirements of this subsection (g).
131131 22 The written explanation shall be filed with the
132132 23 Legislative Audit Commission, and the Commission on Equity and
133133 24 Inclusion, and the Procurement Policy Board, and be made
134134 25 available for inspection by the public, within 14 calendar
135135 26 days after the agency's decision to award the contract.
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146146 1 (g-5) Failed bid notice. In addition to the requirements
147147 2 of subsection (g), if a bidder has failed to be awarded a
148148 3 contract after 4 consecutive bids to provide the same services
149149 4 to a single agency, the applicable chief procurement officer
150150 5 for that agency shall in writing detail why all 4 bids were
151151 6 rejected. The chief procurement officer shall submit by
152152 7 certified copy to the bidder the reasoning for the rejection
153153 8 of the bid within 60 days after the 4th bid is rejected.
154154 9 (h) Multi-step sealed bidding. When it is considered
155155 10 impracticable to initially prepare a purchase description to
156156 11 support an award based on price, an invitation for bids may be
157157 12 issued requesting the submission of unpriced offers to be
158158 13 followed by an invitation for bids limited to those bidders
159159 14 whose offers have been qualified under the criteria set forth
160160 15 in the first solicitation.
161161 16 (i) Alternative procedures. Notwithstanding any other
162162 17 provision of this Act to the contrary, the Director of the
163163 18 Illinois Power Agency may create alternative bidding
164164 19 procedures to be used in procuring professional services under
165165 20 Section 1-56, subsections (a) and (c) of Section 1-75 and
166166 21 subsection (d) of Section 1-78 of the Illinois Power Agency
167167 22 Act and Section 16-111.5(c) of the Public Utilities Act and to
168168 23 procure renewable energy resources under Section 1-56 of the
169169 24 Illinois Power Agency Act. These alternative procedures shall
170170 25 be set forth together with the other criteria contained in the
171171 26 invitation for bids, and shall appear in the appropriate
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182182 1 volume of the Illinois Procurement Bulletin.
183183 2 (j) Reverse auction. Notwithstanding any other provision
184184 3 of this Section and in accordance with rules adopted by the
185185 4 chief procurement officer, that chief procurement officer may
186186 5 procure supplies or services through a competitive electronic
187187 6 auction bidding process after the chief procurement officer
188188 7 determines that the use of such a process will be in the best
189189 8 interest of the State. The chief procurement officer shall
190190 9 publish that determination in his or her next volume of the
191191 10 Illinois Procurement Bulletin.
192192 11 An invitation for bids shall be issued and shall include
193193 12 (i) a procurement description, (ii) all contractual terms,
194194 13 whenever practical, and (iii) conditions applicable to the
195195 14 procurement, including a notice that bids will be received in
196196 15 an electronic auction manner.
197197 16 Public notice of the invitation for bids shall be given in
198198 17 the same manner as provided in subsection (c).
199199 18 Bids shall be accepted electronically at the time and in
200200 19 the manner designated in the invitation for bids. During the
201201 20 auction, a bidder's price shall be disclosed to other bidders.
202202 21 Bidders shall have the opportunity to reduce their bid prices
203203 22 during the auction. At the conclusion of the auction, the
204204 23 record of the bid prices received and the name of each bidder
205205 24 shall be open to public inspection.
206206 25 After the auction period has terminated, withdrawal of
207207 26 bids shall be permitted as provided in subsection (f).
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218218 1 The contract shall be awarded within 60 calendar days
219219 2 after the auction by written notice to the lowest responsible
220220 3 bidder, or all bids shall be rejected except as otherwise
221221 4 provided in this Code. Extensions of the date for the award may
222222 5 be made by mutual written consent of the State purchasing
223223 6 officer and the lowest responsible bidder.
224224 7 This subsection does not apply to (i) procurements of
225225 8 professional and artistic services, (ii) telecommunications
226226 9 services, communication services, and information services,
227227 10 and (iii) contracts for construction projects, including
228228 11 design professional services.
229229 12 (Source: P.A. 100-43, eff. 8-9-17; 101-31, eff. 6-28-19;
230230 13 101-657, eff. 1-1-22; 102-29, eff. 6-25-21.)
231231 14 (Text of Section from P.A. 96-159, 96-795, 97-96, 97-895,
232232 15 98-1076, 99-906, 100-43, 101-31, 101-657, and 102-29)
233233 16 Sec. 20-10. Competitive sealed bidding; reverse auction.
234234 17 (a) Conditions for use. All contracts shall be awarded by
235235 18 competitive sealed bidding except as otherwise provided in
236236 19 Section 20-5.
237237 20 (b) Invitation for bids. An invitation for bids shall be
238238 21 issued and shall include a purchase description and the
239239 22 material contractual terms and conditions applicable to the
240240 23 procurement.
241241 24 (c) Public notice. Public notice of the invitation for
242242 25 bids shall be published in the Illinois Procurement Bulletin
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253253 1 at least 14 calendar days before the date set in the invitation
254254 2 for the opening of bids.
255255 3 (d) Bid opening. Bids shall be opened publicly or through
256256 4 an electronic procurement system in the presence of one or
257257 5 more witnesses at the time and place designated in the
258258 6 invitation for bids. The name of each bidder, including earned
259259 7 and applied bid credit from the Illinois Works Jobs Program
260260 8 Act, the amount of each bid, and other relevant information as
261261 9 may be specified by rule shall be recorded. After the award of
262262 10 the contract, the winning bid and the record of each
263263 11 unsuccessful bid shall be open to public inspection.
264264 12 (e) Bid acceptance and bid evaluation. Bids shall be
265265 13 unconditionally accepted without alteration or correction,
266266 14 except as authorized in this Code. Bids shall be evaluated
267267 15 based on the requirements set forth in the invitation for
268268 16 bids, which may include criteria to determine acceptability
269269 17 such as inspection, testing, quality, workmanship, delivery,
270270 18 and suitability for a particular purpose. Those criteria that
271271 19 will affect the bid price and be considered in evaluation for
272272 20 award, such as discounts, transportation costs, and total or
273273 21 life cycle costs, shall be objectively measurable. The
274274 22 invitation for bids shall set forth the evaluation criteria to
275275 23 be used.
276276 24 (f) Correction or withdrawal of bids. Correction or
277277 25 withdrawal of inadvertently erroneous bids before or after
278278 26 award, or cancellation of awards of contracts based on bid
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289289 1 mistakes, shall be permitted in accordance with rules. After
290290 2 bid opening, no changes in bid prices or other provisions of
291291 3 bids prejudicial to the interest of the State or fair
292292 4 competition shall be permitted. All decisions to permit the
293293 5 correction or withdrawal of bids based on bid mistakes shall
294294 6 be supported by written determination made by a State
295295 7 purchasing officer.
296296 8 (g) Award. The contract shall be awarded with reasonable
297297 9 promptness by written notice to the lowest responsible and
298298 10 responsive bidder whose bid meets the requirements and
299299 11 criteria set forth in the invitation for bids, except when a
300300 12 State purchasing officer determines it is not in the best
301301 13 interest of the State and by written explanation determines
302302 14 another bidder shall receive the award. The explanation shall
303303 15 appear in the appropriate volume of the Illinois Procurement
304304 16 Bulletin. The written explanation must include:
305305 17 (1) a description of the agency's needs;
306306 18 (2) a determination that the anticipated cost will be
307307 19 fair and reasonable;
308308 20 (3) a listing of all responsible and responsive
309309 21 bidders; and
310310 22 (4) the name of the bidder selected, the total
311311 23 contract price, and the reasons for selecting that bidder.
312312 24 Each chief procurement officer may adopt guidelines to
313313 25 implement the requirements of this subsection (g).
314314 26 The written explanation shall be filed with the
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325325 1 Legislative Audit Commission, and the Commission on Equity and
326326 2 Inclusion, and the Procurement Policy Board, and be made
327327 3 available for inspection by the public, within 14 days after
328328 4 the agency's decision to award the contract.
329329 5 (g-5) Failed bid notice. In addition to the requirements
330330 6 of subsection (g), if a bidder has failed to be awarded a
331331 7 contract after 4 consecutive bids to provide the same services
332332 8 to a single agency, the applicable chief procurement officer
333333 9 for that agency shall in writing detail why all 4 bids were
334334 10 rejected. The chief procurement officer shall submit by
335335 11 certified copy to the bidder the reasoning for the rejection
336336 12 of the bid within 60 days after the 4th bid is rejected.
337337 13 (h) Multi-step sealed bidding. When it is considered
338338 14 impracticable to initially prepare a purchase description to
339339 15 support an award based on price, an invitation for bids may be
340340 16 issued requesting the submission of unpriced offers to be
341341 17 followed by an invitation for bids limited to those bidders
342342 18 whose offers have been qualified under the criteria set forth
343343 19 in the first solicitation.
344344 20 (i) Alternative procedures. Notwithstanding any other
345345 21 provision of this Act to the contrary, the Director of the
346346 22 Illinois Power Agency may create alternative bidding
347347 23 procedures to be used in procuring professional services under
348348 24 subsections (a) and (c) of Section 1-75 and subsection (d) of
349349 25 Section 1-78 of the Illinois Power Agency Act and Section
350350 26 16-111.5(c) of the Public Utilities Act and to procure
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361361 1 renewable energy resources under Section 1-56 of the Illinois
362362 2 Power Agency Act. These alternative procedures shall be set
363363 3 forth together with the other criteria contained in the
364364 4 invitation for bids, and shall appear in the appropriate
365365 5 volume of the Illinois Procurement Bulletin.
366366 6 (j) Reverse auction. Notwithstanding any other provision
367367 7 of this Section and in accordance with rules adopted by the
368368 8 chief procurement officer, that chief procurement officer may
369369 9 procure supplies or services through a competitive electronic
370370 10 auction bidding process after the chief procurement officer
371371 11 determines that the use of such a process will be in the best
372372 12 interest of the State. The chief procurement officer shall
373373 13 publish that determination in his or her next volume of the
374374 14 Illinois Procurement Bulletin.
375375 15 An invitation for bids shall be issued and shall include
376376 16 (i) a procurement description, (ii) all contractual terms,
377377 17 whenever practical, and (iii) conditions applicable to the
378378 18 procurement, including a notice that bids will be received in
379379 19 an electronic auction manner.
380380 20 Public notice of the invitation for bids shall be given in
381381 21 the same manner as provided in subsection (c).
382382 22 Bids shall be accepted electronically at the time and in
383383 23 the manner designated in the invitation for bids. During the
384384 24 auction, a bidder's price shall be disclosed to other bidders.
385385 25 Bidders shall have the opportunity to reduce their bid prices
386386 26 during the auction. At the conclusion of the auction, the
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397397 1 record of the bid prices received and the name of each bidder
398398 2 shall be open to public inspection.
399399 3 After the auction period has terminated, withdrawal of
400400 4 bids shall be permitted as provided in subsection (f).
401401 5 The contract shall be awarded within 60 calendar days
402402 6 after the auction by written notice to the lowest responsible
403403 7 bidder, or all bids shall be rejected except as otherwise
404404 8 provided in this Code. Extensions of the date for the award may
405405 9 be made by mutual written consent of the State purchasing
406406 10 officer and the lowest responsible bidder.
407407 11 This subsection does not apply to (i) procurements of
408408 12 professional and artistic services, (ii) telecommunications
409409 13 services, communication services, and information services,
410410 14 and (iii) contracts for construction projects, including
411411 15 design professional services.
412412 16 (Source: P.A. 101-31, eff. 6-28-19; 101-657, eff. 1-1-22;
413413 17 102-29, eff. 6-25-21.)
414414 18 (30 ILCS 500/50-95 new)
415415 19 Sec. 50-95. Annual report.
416416 20 (a) Each State agency shall create an annual report
417417 21 detailing its procurement practices. Reports shall be due no
418418 22 later than October 1 of each calendar year and shall cover the
419419 23 State fiscal year ending on June 30 of that calendar year. The
420420 24 first report shall be due no later than October 1, 2023 and
421421 25 shall cover the State fiscal year ending on June 30, 2023. The
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432432 1 reports shall include the following:
433433 2 (1) the total dollar amount awarded by the State
434434 3 agency during the previous fiscal year for contracts that
435435 4 are subject to this Code separated by (i) all services,
436436 5 (ii) construction services, and (iii) professional
437437 6 services;
438438 7 (2) the total dollar amount actually expended by the
439439 8 State agency under contracts that are subject to this Code
440440 9 separated by (i) all services, (ii) construction services,
441441 10 and (iii) professional services;
442442 11 (3) a statement of the State agency's disadvantaged
443443 12 business enterprise (DBE) program goal and whether or not
444444 13 the agency met that goal;
445445 14 (4) a statement of the State agency's small business
446446 15 goal and whether or not the agency met that goal;
447447 16 (5) a demographic breakdown of the State agency's
448448 17 vendors and contractors;
449449 18 (6) the top 5 prime contractors used by the agency and
450450 19 the dollar amount awarded to each of those contractors;
451451 20 and
452452 21 (7) the top 5 DBE/BEP contractors used by the agency
453453 22 and the dollar amount awarded to each of those
454454 23 contractors.
455455 24 (b) The report under this Section shall be publicly
456456 25 accessible and shall be distributed to at least 10 television
457457 26 news outlets in the State.
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468468 1 (30 ILCS 500/50-100 new)
469469 2 Sec. 50-100. Scorecard. The Department of Central
470470 3 Management Services shall, in consultation with State
471471 4 agencies, develop a scorecard for the assessment of bidders,
472472 5 which must include a line item for the ability of the bidder to
473473 6 meet the agency's DBE/BEP goals.
474474 7 Section 95. No acceleration or delay. Where this Act makes
475475 8 changes in a statute that is represented in this Act by text
476476 9 that is not yet or no longer in effect (for example, a Section
477477 10 represented by multiple versions), the use of that text does
478478 11 not accelerate or delay the taking effect of (i) the changes
479479 12 made by this Act or (ii) provisions derived from any other
480480 13 Public Act.
481481 14 Section 99. Effective date. This Act takes effect upon
482482 15 becoming law.
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