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SB2192 Enrolled LRB103 25677 HLH 52026 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 Illinois Procurement Code is amended by
5 changing Section 20-10 as follows:
6 (30 ILCS 500/20-10)
7 (Text of Section from P.A. 96-159, 96-588, 97-96, 97-895,
8 98-1076, 99-906, 100-43, 101-31, 101-657, and 102-29)
9 Sec. 20-10. Competitive sealed bidding; reverse auction.
10 (a) Conditions for use. All contracts shall be awarded by
11 competitive sealed bidding except as otherwise provided in
12 Section 20-5.
13 (b) Invitation for bids. An invitation for bids shall be
14 issued and shall include a purchase description and the
15 material contractual terms and conditions applicable to the
16 procurement.
17 (c) Public notice. Public notice of the invitation for
18 bids shall be published in the Illinois Procurement Bulletin
19 at least 14 calendar days before the date set in the invitation
20 for the opening of bids.
21 (d) Bid opening. Bids shall be opened publicly or through
22 an electronic procurement system in the presence of one or
23 more witnesses at the time and place designated in the
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1 invitation for bids. The name of each bidder, including earned
2 and applied bid credit from the Illinois Works Jobs Program
3 Act, the amount of each bid, and other relevant information as
4 may be specified by rule shall be recorded. After the award of
5 the contract, the winning bid and the record of each
6 unsuccessful bid shall be open to public inspection.
7 (e) Bid acceptance and bid evaluation. Bids shall be
8 unconditionally accepted without alteration or correction,
9 except as authorized in this Code. Bids shall be evaluated
10 based on the requirements set forth in the invitation for
11 bids, which may include criteria to determine acceptability
12 such as inspection, testing, quality, workmanship, delivery,
13 and suitability for a particular purpose. Those criteria that
14 will affect the bid price and be considered in evaluation for
15 award, such as discounts, transportation costs, and total or
16 life cycle costs, shall be objectively measurable. The
17 invitation for bids shall set forth the evaluation criteria to
18 be used.
19 (f) Correction or withdrawal of bids. Correction or
20 withdrawal of inadvertently erroneous bids before or after
21 award, or cancellation of awards of contracts based on bid
22 mistakes, shall be permitted in accordance with rules. After
23 bid opening, no changes in bid prices or other provisions of
24 bids prejudicial to the interest of the State or fair
25 competition shall be permitted. All decisions to permit the
26 correction or withdrawal of bids based on bid mistakes shall
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1 be supported by written determination made by a State
2 purchasing officer.
3 (g) Award. The contract shall be awarded with reasonable
4 promptness by written notice to the lowest responsible and
5 responsive bidder whose bid meets the requirements and
6 criteria set forth in the invitation for bids, except when a
7 State purchasing officer determines it is not in the best
8 interest of the State and by written explanation determines
9 another bidder shall receive the award. The explanation shall
10 appear in the appropriate volume of the Illinois Procurement
11 Bulletin. The written explanation must include:
12 (1) a description of the agency's needs;
13 (2) a determination that the anticipated cost will be
14 fair and reasonable;
15 (3) a listing of all responsible and responsive
16 bidders; and
17 (4) the name of the bidder selected, the total
18 contract price, and the reasons for selecting that bidder.
19 Each chief procurement officer may adopt guidelines to
20 implement the requirements of this subsection (g).
21 The written explanation shall be filed with the
22 Legislative Audit Commission, and the Commission on Equity and
23 Inclusion, and the Procurement Policy Board, and be made
24 available for inspection by the public, within 14 calendar
25 days after the agency's decision to award the contract.
26 (g-5) Failed bid notice. In addition to the requirements
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1 of subsection (g), if a bidder has failed to be awarded a
2 contract after 4 consecutive bids to provide the same services
3 to the Department of Transportation, the Capital Development
4 Board, or the Illinois State Toll Highway Authority, the
5 applicable agency shall, in writing, detail why each of the 4
6 bids was not awarded to the bidder. The applicable agency
7 shall submit by certified copy to the bidder the reason or
8 reasons why each of the 4 bids was not awarded to the bidder.
9 The agency shall submit that certified copy to the bidder
10 within the same calendar quarter in which the fourth bid was
11 rejected.
12 (h) Multi-step sealed bidding. When it is considered
13 impracticable to initially prepare a purchase description to
14 support an award based on price, an invitation for bids may be
15 issued requesting the submission of unpriced offers to be
16 followed by an invitation for bids limited to those bidders
17 whose offers have been qualified under the criteria set forth
18 in the first solicitation.
19 (i) Alternative procedures. Notwithstanding any other
20 provision of this Act to the contrary, the Director of the
21 Illinois Power Agency may create alternative bidding
22 procedures to be used in procuring professional services under
23 Section 1-56, subsections (a) and (c) of Section 1-75 and
24 subsection (d) of Section 1-78 of the Illinois Power Agency
25 Act and Section 16-111.5(c) of the Public Utilities Act and to
26 procure renewable energy resources under Section 1-56 of the
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1 Illinois Power Agency Act. These alternative procedures shall
2 be set forth together with the other criteria contained in the
3 invitation for bids, and shall appear in the appropriate
4 volume of the Illinois Procurement Bulletin.
5 (j) Reverse auction. Notwithstanding any other provision
6 of this Section and in accordance with rules adopted by the
7 chief procurement officer, that chief procurement officer may
8 procure supplies or services through a competitive electronic
9 auction bidding process after the chief procurement officer
10 determines that the use of such a process will be in the best
11 interest of the State. The chief procurement officer shall
12 publish that determination in his or her next volume of the
13 Illinois Procurement Bulletin.
14 An invitation for bids shall be issued and shall include
15 (i) a procurement description, (ii) all contractual terms,
16 whenever practical, and (iii) conditions applicable to the
17 procurement, including a notice that bids will be received in
18 an electronic auction manner.
19 Public notice of the invitation for bids shall be given in
20 the same manner as provided in subsection (c).
21 Bids shall be accepted electronically at the time and in
22 the manner designated in the invitation for bids. During the
23 auction, a bidder's price shall be disclosed to other bidders.
24 Bidders shall have the opportunity to reduce their bid prices
25 during the auction. At the conclusion of the auction, the
26 record of the bid prices received and the name of each bidder
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1 shall be open to public inspection.
2 After the auction period has terminated, withdrawal of
3 bids shall be permitted as provided in subsection (f).
4 The contract shall be awarded within 60 calendar days
5 after the auction by written notice to the lowest responsible
6 bidder, or all bids shall be rejected except as otherwise
7 provided in this Code. Extensions of the date for the award may
8 be made by mutual written consent of the State purchasing
9 officer and the lowest responsible bidder.
10 This subsection does not apply to (i) procurements of
11 professional and artistic services, (ii) telecommunications
12 services, communication services, and information services,
13 and (iii) contracts for construction projects, including
14 design professional services.
15 (Source: P.A. 100-43, eff. 8-9-17; 101-31, eff. 6-28-19;
16 101-657, eff. 1-1-22; 102-29, eff. 6-25-21.)
17 (Text of Section from P.A. 96-159, 96-795, 97-96, 97-895,
18 98-1076, 99-906, 100-43, 101-31, 101-657, and 102-29)
19 Sec. 20-10. Competitive sealed bidding; reverse auction.
20 (a) Conditions for use. All contracts shall be awarded by
21 competitive sealed bidding except as otherwise provided in
22 Section 20-5.
23 (b) Invitation for bids. An invitation for bids shall be
24 issued and shall include a purchase description and the
25 material contractual terms and conditions applicable to the
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1 procurement.
2 (c) Public notice. Public notice of the invitation for
3 bids shall be published in the Illinois Procurement Bulletin
4 at least 14 calendar days before the date set in the invitation
5 for the opening of bids.
6 (d) Bid opening. Bids shall be opened publicly or through
7 an electronic procurement system in the presence of one or
8 more witnesses at the time and place designated in the
9 invitation for bids. The name of each bidder, including earned
10 and applied bid credit from the Illinois Works Jobs Program
11 Act, the amount of each bid, and other relevant information as
12 may be specified by rule shall be recorded. After the award of
13 the contract, the winning bid and the record of each
14 unsuccessful bid shall be open to public inspection.
15 (e) Bid acceptance and bid evaluation. Bids shall be
16 unconditionally accepted without alteration or correction,
17 except as authorized in this Code. Bids shall be evaluated
18 based on the requirements set forth in the invitation for
19 bids, which may include criteria to determine acceptability
20 such as inspection, testing, quality, workmanship, delivery,
21 and suitability for a particular purpose. Those criteria that
22 will affect the bid price and be considered in evaluation for
23 award, such as discounts, transportation costs, and total or
24 life cycle costs, shall be objectively measurable. The
25 invitation for bids shall set forth the evaluation criteria to
26 be used.
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1 (f) Correction or withdrawal of bids. Correction or
2 withdrawal of inadvertently erroneous bids before or after
3 award, or cancellation of awards of contracts based on bid
4 mistakes, shall be permitted in accordance with rules. After
5 bid opening, no changes in bid prices or other provisions of
6 bids prejudicial to the interest of the State or fair
7 competition shall be permitted. All decisions to permit the
8 correction or withdrawal of bids based on bid mistakes shall
9 be supported by written determination made by a State
10 purchasing officer.
11 (g) Award. The contract shall be awarded with reasonable
12 promptness by written notice to the lowest responsible and
13 responsive bidder whose bid meets the requirements and
14 criteria set forth in the invitation for bids, except when a
15 State purchasing officer determines it is not in the best
16 interest of the State and by written explanation determines
17 another bidder shall receive the award. The explanation shall
18 appear in the appropriate volume of the Illinois Procurement
19 Bulletin. The written explanation must include:
20 (1) a description of the agency's needs;
21 (2) a determination that the anticipated cost will be
22 fair and reasonable;
23 (3) a listing of all responsible and responsive
24 bidders; and
25 (4) the name of the bidder selected, the total
26 contract price, and the reasons for selecting that bidder.
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1 Each chief procurement officer may adopt guidelines to
2 implement the requirements of this subsection (g).
3 The written explanation shall be filed with the
4 Legislative Audit Commission, and the Commission on Equity and
5 Inclusion, and the Procurement Policy Board, and be made
6 available for inspection by the public, within 14 days after
7 the agency's decision to award the contract.
8 (g-5) Failed bid notice. In addition to the requirements
9 of subsection (g), if a bidder has failed to be awarded a
10 contract after 4 consecutive bids to provide the same services
11 to the Department of Transportation, the Capital Development
12 Board, or the Illinois State Toll Highway Authority, the
13 applicable agency shall, in writing, detail why each of the 4
14 bids was not awarded to the bidder. The applicable agency
15 shall submit by certified copy to the bidder the reason or
16 reasons why each of the 4 bids was not awarded to the bidder.
17 The agency shall submit that certified copy to the bidder
18 within the same calendar quarter in which the fourth bid was
19 rejected.
20 (h) Multi-step sealed bidding. When it is considered
21 impracticable to initially prepare a purchase description to
22 support an award based on price, an invitation for bids may be
23 issued requesting the submission of unpriced offers to be
24 followed by an invitation for bids limited to those bidders
25 whose offers have been qualified under the criteria set forth
26 in the first solicitation.
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1 (i) Alternative procedures. Notwithstanding any other
2 provision of this Act to the contrary, the Director of the
3 Illinois Power Agency may create alternative bidding
4 procedures to be used in procuring professional services under
5 subsections (a) and (c) of Section 1-75 and subsection (d) of
6 Section 1-78 of the Illinois Power Agency Act and Section
7 16-111.5(c) of the Public Utilities Act and to procure
8 renewable energy resources under Section 1-56 of the Illinois
9 Power Agency Act. These alternative procedures shall be set
10 forth together with the other criteria contained in the
11 invitation for bids, and shall appear in the appropriate
12 volume of the Illinois Procurement Bulletin.
13 (j) Reverse auction. Notwithstanding any other provision
14 of this Section and in accordance with rules adopted by the
15 chief procurement officer, that chief procurement officer may
16 procure supplies or services through a competitive electronic
17 auction bidding process after the chief procurement officer
18 determines that the use of such a process will be in the best
19 interest of the State. The chief procurement officer shall
20 publish that determination in his or her next volume of the
21 Illinois Procurement Bulletin.
22 An invitation for bids shall be issued and shall include
23 (i) a procurement description, (ii) all contractual terms,
24 whenever practical, and (iii) conditions applicable to the
25 procurement, including a notice that bids will be received in
26 an electronic auction manner.
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1 Public notice of the invitation for bids shall be given in
2 the same manner as provided in subsection (c).
3 Bids shall be accepted electronically at the time and in
4 the manner designated in the invitation for bids. During the
5 auction, a bidder's price shall be disclosed to other bidders.
6 Bidders shall have the opportunity to reduce their bid prices
7 during the auction. At the conclusion of the auction, the
8 record of the bid prices received and the name of each bidder
9 shall be open to public inspection.
10 After the auction period has terminated, withdrawal of
11 bids shall be permitted as provided in subsection (f).
12 The contract shall be awarded within 60 calendar days
13 after the auction by written notice to the lowest responsible
14 bidder, or all bids shall be rejected except as otherwise
15 provided in this Code. Extensions of the date for the award may
16 be made by mutual written consent of the State purchasing
17 officer and the lowest responsible bidder.
18 This subsection does not apply to (i) procurements of
19 professional and artistic services, (ii) telecommunications
20 services, communication services, and information services,
21 and (iii) contracts for construction projects, including
22 design professional services.
23 (Source: P.A. 101-31, eff. 6-28-19; 101-657, eff. 1-1-22;
24 102-29, eff. 6-25-21.)
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