Illinois 2023-2024 Regular Session

Illinois Senate Bill SB2192 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Public Act 103-0558
2	1		SB2192 EnrolledLRB103 25677 HLH 52026 b SB2192 Enrolled LRB103 25677 HLH 52026 b
3	2		SB2192 Enrolled LRB103 25677 HLH 52026 b
4		-	AN ACT concerning finance.
5		-	Be it enacted by the People of the State of Illinois,
6		-	represented in the General Assembly:
7		-	Section 5. The Illinois Procurement Code is amended by
8		-	changing Section 20-10 as follows:
9		-	(30 ILCS 500/20-10)
10		-	(Text of Section from P.A. 96-159, 96-588, 97-96, 97-895,
11		-	98-1076, 99-906, 100-43, 101-31, 101-657, and 102-29)
12		-	Sec. 20-10. Competitive sealed bidding; reverse auction.
13		-	(a) Conditions for use. All contracts shall be awarded by
14		-	competitive sealed bidding except as otherwise provided in
15		-	Section 20-5.
16		-	(b) Invitation for bids. An invitation for bids shall be
17		-	issued and shall include a purchase description and the
18		-	material contractual terms and conditions applicable to the
19		-	procurement.
20		-	(c) Public notice. Public notice of the invitation for
21		-	bids shall be published in the Illinois Procurement Bulletin
22		-	at least 14 calendar days before the date set in the invitation
23		-	for the opening of bids.
24		-	(d) Bid opening. Bids shall be opened publicly or through
25		-	an electronic procurement system in the presence of one or
26		-	more witnesses at the time and place designated in the
	3	+	1 AN ACT concerning finance.
	4	+	2 Be it enacted by the People of the State of Illinois,
	5	+	3 represented in the General Assembly:
	6	+	4 Section 5. The Illinois Procurement Code is amended by
	7	+	5 changing Section 20-10 as follows:
	8	+	6 (30 ILCS 500/20-10)
	9	+	7 (Text of Section from P.A. 96-159, 96-588, 97-96, 97-895,
	10	+	8 98-1076, 99-906, 100-43, 101-31, 101-657, and 102-29)
	11	+	9 Sec. 20-10. Competitive sealed bidding; reverse auction.
	12	+	10 (a) Conditions for use. All contracts shall be awarded by
	13	+	11 competitive sealed bidding except as otherwise provided in
	14	+	12 Section 20-5.
	15	+	13 (b) Invitation for bids. An invitation for bids shall be
	16	+	14 issued and shall include a purchase description and the
	17	+	15 material contractual terms and conditions applicable to the
	18	+	16 procurement.
	19	+	17 (c) Public notice. Public notice of the invitation for
	20	+	18 bids shall be published in the Illinois Procurement Bulletin
	21	+	19 at least 14 calendar days before the date set in the invitation
	22	+	20 for the opening of bids.
	23	+	21 (d) Bid opening. Bids shall be opened publicly or through
	24	+	22 an electronic procurement system in the presence of one or
	25	+	23 more witnesses at the time and place designated in the
27	26
28	27
29	28
30	29		SB2192 Enrolled LRB103 25677 HLH 52026 b
31	30
32	31
33		-	invitation for bids. The name of each bidder, including earned
34		-	and applied bid credit from the Illinois Works Jobs Program
35		-	Act, the amount of each bid, and other relevant information as
36		-	may be specified by rule shall be recorded. After the award of
37		-	the contract, the winning bid and the record of each
38		-	unsuccessful bid shall be open to public inspection.
39		-	(e) Bid acceptance and bid evaluation. Bids shall be
40		-	unconditionally accepted without alteration or correction,
41		-	except as authorized in this Code. Bids shall be evaluated
42		-	based on the requirements set forth in the invitation for
43		-	bids, which may include criteria to determine acceptability
44		-	such as inspection, testing, quality, workmanship, delivery,
45		-	and suitability for a particular purpose. Those criteria that
46		-	will affect the bid price and be considered in evaluation for
47		-	award, such as discounts, transportation costs, and total or
48		-	life cycle costs, shall be objectively measurable. The
49		-	invitation for bids shall set forth the evaluation criteria to
50		-	be used.
51		-	(f) Correction or withdrawal of bids. Correction or
52		-	withdrawal of inadvertently erroneous bids before or after
53		-	award, or cancellation of awards of contracts based on bid
54		-	mistakes, shall be permitted in accordance with rules. After
55		-	bid opening, no changes in bid prices or other provisions of
56		-	bids prejudicial to the interest of the State or fair
57		-	competition shall be permitted. All decisions to permit the
58		-	correction or withdrawal of bids based on bid mistakes shall
	32	+	SB2192 Enrolled- 2 -LRB103 25677 HLH 52026 b SB2192 Enrolled - 2 - LRB103 25677 HLH 52026 b
	33	+	SB2192 Enrolled - 2 - LRB103 25677 HLH 52026 b
	34	+	1 invitation for bids. The name of each bidder, including earned
	35	+	2 and applied bid credit from the Illinois Works Jobs Program
	36	+	3 Act, the amount of each bid, and other relevant information as
	37	+	4 may be specified by rule shall be recorded. After the award of
	38	+	5 the contract, the winning bid and the record of each
	39	+	6 unsuccessful bid shall be open to public inspection.
	40	+	7 (e) Bid acceptance and bid evaluation. Bids shall be
	41	+	8 unconditionally accepted without alteration or correction,
	42	+	9 except as authorized in this Code. Bids shall be evaluated
	43	+	10 based on the requirements set forth in the invitation for
	44	+	11 bids, which may include criteria to determine acceptability
	45	+	12 such as inspection, testing, quality, workmanship, delivery,
	46	+	13 and suitability for a particular purpose. Those criteria that
	47	+	14 will affect the bid price and be considered in evaluation for
	48	+	15 award, such as discounts, transportation costs, and total or
	49	+	16 life cycle costs, shall be objectively measurable. The
	50	+	17 invitation for bids shall set forth the evaluation criteria to
	51	+	18 be used.
	52	+	19 (f) Correction or withdrawal of bids. Correction or
	53	+	20 withdrawal of inadvertently erroneous bids before or after
	54	+	21 award, or cancellation of awards of contracts based on bid
	55	+	22 mistakes, shall be permitted in accordance with rules. After
	56	+	23 bid opening, no changes in bid prices or other provisions of
	57	+	24 bids prejudicial to the interest of the State or fair
	58	+	25 competition shall be permitted. All decisions to permit the
	59	+	26 correction or withdrawal of bids based on bid mistakes shall
59	60
60	61
61		-	be supported by written determination made by a State
62		-	purchasing officer.
63		-	(g) Award. The contract shall be awarded with reasonable
64		-	promptness by written notice to the lowest responsible and
65		-	responsive bidder whose bid meets the requirements and
66		-	criteria set forth in the invitation for bids, except when a
67		-	State purchasing officer determines it is not in the best
68		-	interest of the State and by written explanation determines
69		-	another bidder shall receive the award. The explanation shall
70		-	appear in the appropriate volume of the Illinois Procurement
71		-	Bulletin. The written explanation must include:
72		-	(1) a description of the agency's needs;
73		-	(2) a determination that the anticipated cost will be
74		-	fair and reasonable;
75		-	(3) a listing of all responsible and responsive
76		-	bidders; and
77		-	(4) the name of the bidder selected, the total
78		-	contract price, and the reasons for selecting that bidder.
79		-	Each chief procurement officer may adopt guidelines to
80		-	implement the requirements of this subsection (g).
81		-	The written explanation shall be filed with the
82		-	Legislative Audit Commission, and the Commission on Equity and
83		-	Inclusion, and the Procurement Policy Board, and be made
84		-	available for inspection by the public, within 14 calendar
85		-	days after the agency's decision to award the contract.
86		-	(g-5) Failed bid notice. In addition to the requirements
87	62
88	63
89		-	of subsection (g), if a bidder has failed to be awarded a
90		-	contract after 4 consecutive bids to provide the same services
91		-	to the Department of Transportation, the Capital Development
92		-	Board, or the Illinois State Toll Highway Authority, the
93		-	applicable agency shall, in writing, detail why each of the 4
94		-	bids was not awarded to the bidder. The applicable agency
95		-	shall submit by certified copy to the bidder the reason or
96		-	reasons why each of the 4 bids was not awarded to the bidder.
97		-	The agency shall submit that certified copy to the bidder
98		-	within the same calendar quarter in which the fourth bid was
99		-	rejected.
100		-	(h) Multi-step sealed bidding. When it is considered
101		-	impracticable to initially prepare a purchase description to
102		-	support an award based on price, an invitation for bids may be
103		-	issued requesting the submission of unpriced offers to be
104		-	followed by an invitation for bids limited to those bidders
105		-	whose offers have been qualified under the criteria set forth
106		-	in the first solicitation.
107		-	(i) Alternative procedures. Notwithstanding any other
108		-	provision of this Act to the contrary, the Director of the
109		-	Illinois Power Agency may create alternative bidding
110		-	procedures to be used in procuring professional services under
111		-	Section 1-56, subsections (a) and (c) of Section 1-75 and
112		-	subsection (d) of Section 1-78 of the Illinois Power Agency
113		-	Act and Section 16-111.5(c) of the Public Utilities Act and to
114		-	procure renewable energy resources under Section 1-56 of the
	64	+
	65	+	SB2192 Enrolled - 2 - LRB103 25677 HLH 52026 b
115	66
116	67
117		-	Illinois Power Agency Act. These alternative procedures shall
118		-	be set forth together with the other criteria contained in the
119		-	invitation for bids, and shall appear in the appropriate
120		-	volume of the Illinois Procurement Bulletin.
121		-	(j) Reverse auction. Notwithstanding any other provision
122		-	of this Section and in accordance with rules adopted by the
123		-	chief procurement officer, that chief procurement officer may
124		-	procure supplies or services through a competitive electronic
125		-	auction bidding process after the chief procurement officer
126		-	determines that the use of such a process will be in the best
127		-	interest of the State. The chief procurement officer shall
128		-	publish that determination in his or her next volume of the
129		-	Illinois Procurement Bulletin.
130		-	An invitation for bids shall be issued and shall include
131		-	(i) a procurement description, (ii) all contractual terms,
132		-	whenever practical, and (iii) conditions applicable to the
133		-	procurement, including a notice that bids will be received in
134		-	an electronic auction manner.
135		-	Public notice of the invitation for bids shall be given in
136		-	the same manner as provided in subsection (c).
137		-	Bids shall be accepted electronically at the time and in
138		-	the manner designated in the invitation for bids. During the
139		-	auction, a bidder's price shall be disclosed to other bidders.
140		-	Bidders shall have the opportunity to reduce their bid prices
141		-	during the auction. At the conclusion of the auction, the
142		-	record of the bid prices received and the name of each bidder
	68	+	SB2192 Enrolled- 3 -LRB103 25677 HLH 52026 b SB2192 Enrolled - 3 - LRB103 25677 HLH 52026 b
	69	+	SB2192 Enrolled - 3 - LRB103 25677 HLH 52026 b
	70	+	1 be supported by written determination made by a State
	71	+	2 purchasing officer.
	72	+	3 (g) Award. The contract shall be awarded with reasonable
	73	+	4 promptness by written notice to the lowest responsible and
	74	+	5 responsive bidder whose bid meets the requirements and
	75	+	6 criteria set forth in the invitation for bids, except when a
	76	+	7 State purchasing officer determines it is not in the best
	77	+	8 interest of the State and by written explanation determines
	78	+	9 another bidder shall receive the award. The explanation shall
	79	+	10 appear in the appropriate volume of the Illinois Procurement
	80	+	11 Bulletin. The written explanation must include:
	81	+	12 (1) a description of the agency's needs;
	82	+	13 (2) a determination that the anticipated cost will be
	83	+	14 fair and reasonable;
	84	+	15 (3) a listing of all responsible and responsive
	85	+	16 bidders; and
	86	+	17 (4) the name of the bidder selected, the total
	87	+	18 contract price, and the reasons for selecting that bidder.
	88	+	19 Each chief procurement officer may adopt guidelines to
	89	+	20 implement the requirements of this subsection (g).
	90	+	21 The written explanation shall be filed with the
	91	+	22 Legislative Audit Commission, and the Commission on Equity and
	92	+	23 Inclusion, and the Procurement Policy Board, and be made
	93	+	24 available for inspection by the public, within 14 calendar
	94	+	25 days after the agency's decision to award the contract.
	95	+	26 (g-5) Failed bid notice. In addition to the requirements
143	96
144	97
145		-	shall be open to public inspection.
146		-	After the auction period has terminated, withdrawal of
147		-	bids shall be permitted as provided in subsection (f).
148		-	The contract shall be awarded within 60 calendar days
149		-	after the auction by written notice to the lowest responsible
150		-	bidder, or all bids shall be rejected except as otherwise
151		-	provided in this Code. Extensions of the date for the award may
152		-	be made by mutual written consent of the State purchasing
153		-	officer and the lowest responsible bidder.
154		-	This subsection does not apply to (i) procurements of
155		-	professional and artistic services, (ii) telecommunications
156		-	services, communication services, and information services,
157		-	and (iii) contracts for construction projects, including
158		-	design professional services.
159		-	(Source: P.A. 100-43, eff. 8-9-17; 101-31, eff. 6-28-19;
160		-	101-657, eff. 1-1-22; 102-29, eff. 6-25-21.)
161		-	(Text of Section from P.A. 96-159, 96-795, 97-96, 97-895,
162		-	98-1076, 99-906, 100-43, 101-31, 101-657, and 102-29)
163		-	Sec. 20-10. Competitive sealed bidding; reverse auction.
164		-	(a) Conditions for use. All contracts shall be awarded by
165		-	competitive sealed bidding except as otherwise provided in
166		-	Section 20-5.
167		-	(b) Invitation for bids. An invitation for bids shall be
168		-	issued and shall include a purchase description and the
169		-	material contractual terms and conditions applicable to the
170	98
171	99
172		-	procurement.
173		-	(c) Public notice. Public notice of the invitation for
174		-	bids shall be published in the Illinois Procurement Bulletin
175		-	at least 14 calendar days before the date set in the invitation
176		-	for the opening of bids.
177		-	(d) Bid opening. Bids shall be opened publicly or through
178		-	an electronic procurement system in the presence of one or
179		-	more witnesses at the time and place designated in the
180		-	invitation for bids. The name of each bidder, including earned
181		-	and applied bid credit from the Illinois Works Jobs Program
182		-	Act, the amount of each bid, and other relevant information as
183		-	may be specified by rule shall be recorded. After the award of
184		-	the contract, the winning bid and the record of each
185		-	unsuccessful bid shall be open to public inspection.
186		-	(e) Bid acceptance and bid evaluation. Bids shall be
187		-	unconditionally accepted without alteration or correction,
188		-	except as authorized in this Code. Bids shall be evaluated
189		-	based on the requirements set forth in the invitation for
190		-	bids, which may include criteria to determine acceptability
191		-	such as inspection, testing, quality, workmanship, delivery,
192		-	and suitability for a particular purpose. Those criteria that
193		-	will affect the bid price and be considered in evaluation for
194		-	award, such as discounts, transportation costs, and total or
195		-	life cycle costs, shall be objectively measurable. The
196		-	invitation for bids shall set forth the evaluation criteria to
197		-	be used.
	100	+
	101	+	SB2192 Enrolled - 3 - LRB103 25677 HLH 52026 b
198	102
199	103
200		-	(f) Correction or withdrawal of bids. Correction or
201		-	withdrawal of inadvertently erroneous bids before or after
202		-	award, or cancellation of awards of contracts based on bid
203		-	mistakes, shall be permitted in accordance with rules. After
204		-	bid opening, no changes in bid prices or other provisions of
205		-	bids prejudicial to the interest of the State or fair
206		-	competition shall be permitted. All decisions to permit the
207		-	correction or withdrawal of bids based on bid mistakes shall
208		-	be supported by written determination made by a State
209		-	purchasing officer.
210		-	(g) Award. The contract shall be awarded with reasonable
211		-	promptness by written notice to the lowest responsible and
212		-	responsive bidder whose bid meets the requirements and
213		-	criteria set forth in the invitation for bids, except when a
214		-	State purchasing officer determines it is not in the best
215		-	interest of the State and by written explanation determines
216		-	another bidder shall receive the award. The explanation shall
217		-	appear in the appropriate volume of the Illinois Procurement
218		-	Bulletin. The written explanation must include:
219		-	(1) a description of the agency's needs;
220		-	(2) a determination that the anticipated cost will be
221		-	fair and reasonable;
222		-	(3) a listing of all responsible and responsive
223		-	bidders; and
224		-	(4) the name of the bidder selected, the total
225		-	contract price, and the reasons for selecting that bidder.
	104	+	SB2192 Enrolled- 4 -LRB103 25677 HLH 52026 b SB2192 Enrolled - 4 - LRB103 25677 HLH 52026 b
	105	+	SB2192 Enrolled - 4 - LRB103 25677 HLH 52026 b
	106	+	1 of subsection (g), if a bidder has failed to be awarded a
	107	+	2 contract after 4 consecutive bids to provide the same services
	108	+	3 to the Department of Transportation, the Capital Development
	109	+	4 Board, or the Illinois State Toll Highway Authority, the
	110	+	5 applicable agency shall, in writing, detail why each of the 4
	111	+	6 bids was not awarded to the bidder. The applicable agency
	112	+	7 shall submit by certified copy to the bidder the reason or
	113	+	8 reasons why each of the 4 bids was not awarded to the bidder.
	114	+	9 The agency shall submit that certified copy to the bidder
	115	+	10 within the same calendar quarter in which the fourth bid was
	116	+	11 rejected.
	117	+	12 (h) Multi-step sealed bidding. When it is considered
	118	+	13 impracticable to initially prepare a purchase description to
	119	+	14 support an award based on price, an invitation for bids may be
	120	+	15 issued requesting the submission of unpriced offers to be
	121	+	16 followed by an invitation for bids limited to those bidders
	122	+	17 whose offers have been qualified under the criteria set forth
	123	+	18 in the first solicitation.
	124	+	19 (i) Alternative procedures. Notwithstanding any other
	125	+	20 provision of this Act to the contrary, the Director of the
	126	+	21 Illinois Power Agency may create alternative bidding
	127	+	22 procedures to be used in procuring professional services under
	128	+	23 Section 1-56, subsections (a) and (c) of Section 1-75 and
	129	+	24 subsection (d) of Section 1-78 of the Illinois Power Agency
	130	+	25 Act and Section 16-111.5(c) of the Public Utilities Act and to
	131	+	26 procure renewable energy resources under Section 1-56 of the
226	132
227	133
228		-	Each chief procurement officer may adopt guidelines to
229		-	implement the requirements of this subsection (g).
230		-	The written explanation shall be filed with the
231		-	Legislative Audit Commission, and the Commission on Equity and
232		-	Inclusion, and the Procurement Policy Board, and be made
233		-	available for inspection by the public, within 14 days after
234		-	the agency's decision to award the contract.
235		-	(g-5) Failed bid notice. In addition to the requirements
236		-	of subsection (g), if a bidder has failed to be awarded a
237		-	contract after 4 consecutive bids to provide the same services
238		-	to the Department of Transportation, the Capital Development
239		-	Board, or the Illinois State Toll Highway Authority, the
240		-	applicable agency shall, in writing, detail why each of the 4
241		-	bids was not awarded to the bidder. The applicable agency
242		-	shall submit by certified copy to the bidder the reason or
243		-	reasons why each of the 4 bids was not awarded to the bidder.
244		-	The agency shall submit that certified copy to the bidder
245		-	within the same calendar quarter in which the fourth bid was
246		-	rejected.
247		-	(h) Multi-step sealed bidding. When it is considered
248		-	impracticable to initially prepare a purchase description to
249		-	support an award based on price, an invitation for bids may be
250		-	issued requesting the submission of unpriced offers to be
251		-	followed by an invitation for bids limited to those bidders
252		-	whose offers have been qualified under the criteria set forth
253		-	in the first solicitation.
254	134
255	135
256		-	(i) Alternative procedures. Notwithstanding any other
257		-	provision of this Act to the contrary, the Director of the
258		-	Illinois Power Agency may create alternative bidding
259		-	procedures to be used in procuring professional services under
260		-	subsections (a) and (c) of Section 1-75 and subsection (d) of
261		-	Section 1-78 of the Illinois Power Agency Act and Section
262		-	16-111.5(c) of the Public Utilities Act and to procure
263		-	renewable energy resources under Section 1-56 of the Illinois
264		-	Power Agency Act. These alternative procedures shall be set
265		-	forth together with the other criteria contained in the
266		-	invitation for bids, and shall appear in the appropriate
267		-	volume of the Illinois Procurement Bulletin.
268		-	(j) Reverse auction. Notwithstanding any other provision
269		-	of this Section and in accordance with rules adopted by the
270		-	chief procurement officer, that chief procurement officer may
271		-	procure supplies or services through a competitive electronic
272		-	auction bidding process after the chief procurement officer
273		-	determines that the use of such a process will be in the best
274		-	interest of the State. The chief procurement officer shall
275		-	publish that determination in his or her next volume of the
276		-	Illinois Procurement Bulletin.
277		-	An invitation for bids shall be issued and shall include
278		-	(i) a procurement description, (ii) all contractual terms,
279		-	whenever practical, and (iii) conditions applicable to the
280		-	procurement, including a notice that bids will be received in
281		-	an electronic auction manner.
	136	+
	137	+	SB2192 Enrolled - 4 - LRB103 25677 HLH 52026 b
282	138
283	139
284		-	Public notice of the invitation for bids shall be given in
285		-	the same manner as provided in subsection (c).
286		-	Bids shall be accepted electronically at the time and in
287		-	the manner designated in the invitation for bids. During the
288		-	auction, a bidder's price shall be disclosed to other bidders.
289		-	Bidders shall have the opportunity to reduce their bid prices
290		-	during the auction. At the conclusion of the auction, the
291		-	record of the bid prices received and the name of each bidder
292		-	shall be open to public inspection.
293		-	After the auction period has terminated, withdrawal of
294		-	bids shall be permitted as provided in subsection (f).
295		-	The contract shall be awarded within 60 calendar days
296		-	after the auction by written notice to the lowest responsible
297		-	bidder, or all bids shall be rejected except as otherwise
298		-	provided in this Code. Extensions of the date for the award may
299		-	be made by mutual written consent of the State purchasing
300		-	officer and the lowest responsible bidder.
301		-	This subsection does not apply to (i) procurements of
302		-	professional and artistic services, (ii) telecommunications
303		-	services, communication services, and information services,
304		-	and (iii) contracts for construction projects, including
305		-	design professional services.
306		-	(Source: P.A. 101-31, eff. 6-28-19; 101-657, eff. 1-1-22;
307		-	102-29, eff. 6-25-21.)
	140	+	SB2192 Enrolled- 5 -LRB103 25677 HLH 52026 b SB2192 Enrolled - 5 - LRB103 25677 HLH 52026 b
	141	+	SB2192 Enrolled - 5 - LRB103 25677 HLH 52026 b
	142	+	1 Illinois Power Agency Act. These alternative procedures shall
	143	+	2 be set forth together with the other criteria contained in the
	144	+	3 invitation for bids, and shall appear in the appropriate
	145	+	4 volume of the Illinois Procurement Bulletin.
	146	+	5 (j) Reverse auction. Notwithstanding any other provision
	147	+	6 of this Section and in accordance with rules adopted by the
	148	+	7 chief procurement officer, that chief procurement officer may
	149	+	8 procure supplies or services through a competitive electronic
	150	+	9 auction bidding process after the chief procurement officer
	151	+	10 determines that the use of such a process will be in the best
	152	+	11 interest of the State. The chief procurement officer shall
	153	+	12 publish that determination in his or her next volume of the
	154	+	13 Illinois Procurement Bulletin.
	155	+	14 An invitation for bids shall be issued and shall include
	156	+	15 (i) a procurement description, (ii) all contractual terms,
	157	+	16 whenever practical, and (iii) conditions applicable to the
	158	+	17 procurement, including a notice that bids will be received in
	159	+	18 an electronic auction manner.
	160	+	19 Public notice of the invitation for bids shall be given in
	161	+	20 the same manner as provided in subsection (c).
	162	+	21 Bids shall be accepted electronically at the time and in
	163	+	22 the manner designated in the invitation for bids. During the
	164	+	23 auction, a bidder's price shall be disclosed to other bidders.
	165	+	24 Bidders shall have the opportunity to reduce their bid prices
	166	+	25 during the auction. At the conclusion of the auction, the
	167	+	26 record of the bid prices received and the name of each bidder
	168	+
	169	+
	170	+
	171	+
	172	+
	173	+	SB2192 Enrolled - 5 - LRB103 25677 HLH 52026 b
	174	+
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	178	+	1 shall be open to public inspection.
	179	+	2 After the auction period has terminated, withdrawal of
	180	+	3 bids shall be permitted as provided in subsection (f).
	181	+	4 The contract shall be awarded within 60 calendar days
	182	+	5 after the auction by written notice to the lowest responsible
	183	+	6 bidder, or all bids shall be rejected except as otherwise
	184	+	7 provided in this Code. Extensions of the date for the award may
	185	+	8 be made by mutual written consent of the State purchasing
	186	+	9 officer and the lowest responsible bidder.
	187	+	10 This subsection does not apply to (i) procurements of
	188	+	11 professional and artistic services, (ii) telecommunications
	189	+	12 services, communication services, and information services,
	190	+	13 and (iii) contracts for construction projects, including
	191	+	14 design professional services.
	192	+	15 (Source: P.A. 100-43, eff. 8-9-17; 101-31, eff. 6-28-19;
	193	+	16 101-657, eff. 1-1-22; 102-29, eff. 6-25-21.)
	194	+	17 (Text of Section from P.A. 96-159, 96-795, 97-96, 97-895,
	195	+	18 98-1076, 99-906, 100-43, 101-31, 101-657, and 102-29)
	196	+	19 Sec. 20-10. Competitive sealed bidding; reverse auction.
	197	+	20 (a) Conditions for use. All contracts shall be awarded by
	198	+	21 competitive sealed bidding except as otherwise provided in
	199	+	22 Section 20-5.
	200	+	23 (b) Invitation for bids. An invitation for bids shall be
	201	+	24 issued and shall include a purchase description and the
	202	+	25 material contractual terms and conditions applicable to the
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	213	+	1 procurement.
	214	+	2 (c) Public notice. Public notice of the invitation for
	215	+	3 bids shall be published in the Illinois Procurement Bulletin
	216	+	4 at least 14 calendar days before the date set in the invitation
	217	+	5 for the opening of bids.
	218	+	6 (d) Bid opening. Bids shall be opened publicly or through
	219	+	7 an electronic procurement system in the presence of one or
	220	+	8 more witnesses at the time and place designated in the
	221	+	9 invitation for bids. The name of each bidder, including earned
	222	+	10 and applied bid credit from the Illinois Works Jobs Program
	223	+	11 Act, the amount of each bid, and other relevant information as
	224	+	12 may be specified by rule shall be recorded. After the award of
	225	+	13 the contract, the winning bid and the record of each
	226	+	14 unsuccessful bid shall be open to public inspection.
	227	+	15 (e) Bid acceptance and bid evaluation. Bids shall be
	228	+	16 unconditionally accepted without alteration or correction,
	229	+	17 except as authorized in this Code. Bids shall be evaluated
	230	+	18 based on the requirements set forth in the invitation for
	231	+	19 bids, which may include criteria to determine acceptability
	232	+	20 such as inspection, testing, quality, workmanship, delivery,
	233	+	21 and suitability for a particular purpose. Those criteria that
	234	+	22 will affect the bid price and be considered in evaluation for
	235	+	23 award, such as discounts, transportation costs, and total or
	236	+	24 life cycle costs, shall be objectively measurable. The
	237	+	25 invitation for bids shall set forth the evaluation criteria to
	238	+	26 be used.
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	249	+	1 (f) Correction or withdrawal of bids. Correction or
	250	+	2 withdrawal of inadvertently erroneous bids before or after
	251	+	3 award, or cancellation of awards of contracts based on bid
	252	+	4 mistakes, shall be permitted in accordance with rules. After
	253	+	5 bid opening, no changes in bid prices or other provisions of
	254	+	6 bids prejudicial to the interest of the State or fair
	255	+	7 competition shall be permitted. All decisions to permit the
	256	+	8 correction or withdrawal of bids based on bid mistakes shall
	257	+	9 be supported by written determination made by a State
	258	+	10 purchasing officer.
	259	+	11 (g) Award. The contract shall be awarded with reasonable
	260	+	12 promptness by written notice to the lowest responsible and
	261	+	13 responsive bidder whose bid meets the requirements and
	262	+	14 criteria set forth in the invitation for bids, except when a
	263	+	15 State purchasing officer determines it is not in the best
	264	+	16 interest of the State and by written explanation determines
	265	+	17 another bidder shall receive the award. The explanation shall
	266	+	18 appear in the appropriate volume of the Illinois Procurement
	267	+	19 Bulletin. The written explanation must include:
	268	+	20 (1) a description of the agency's needs;
	269	+	21 (2) a determination that the anticipated cost will be
	270	+	22 fair and reasonable;
	271	+	23 (3) a listing of all responsible and responsive
	272	+	24 bidders; and
	273	+	25 (4) the name of the bidder selected, the total
	274	+	26 contract price, and the reasons for selecting that bidder.
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	285	+	1 Each chief procurement officer may adopt guidelines to
	286	+	2 implement the requirements of this subsection (g).
	287	+	3 The written explanation shall be filed with the
	288	+	4 Legislative Audit Commission, and the Commission on Equity and
	289	+	5 Inclusion, and the Procurement Policy Board, and be made
	290	+	6 available for inspection by the public, within 14 days after
	291	+	7 the agency's decision to award the contract.
	292	+	8 (g-5) Failed bid notice. In addition to the requirements
	293	+	9 of subsection (g), if a bidder has failed to be awarded a
	294	+	10 contract after 4 consecutive bids to provide the same services
	295	+	11 to the Department of Transportation, the Capital Development
	296	+	12 Board, or the Illinois State Toll Highway Authority, the
	297	+	13 applicable agency shall, in writing, detail why each of the 4
	298	+	14 bids was not awarded to the bidder. The applicable agency
	299	+	15 shall submit by certified copy to the bidder the reason or
	300	+	16 reasons why each of the 4 bids was not awarded to the bidder.
	301	+	17 The agency shall submit that certified copy to the bidder
	302	+	18 within the same calendar quarter in which the fourth bid was
	303	+	19 rejected.
	304	+	20 (h) Multi-step sealed bidding. When it is considered
	305	+	21 impracticable to initially prepare a purchase description to
	306	+	22 support an award based on price, an invitation for bids may be
	307	+	23 issued requesting the submission of unpriced offers to be
	308	+	24 followed by an invitation for bids limited to those bidders
	309	+	25 whose offers have been qualified under the criteria set forth
	310	+	26 in the first solicitation.
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	321	+	1 (i) Alternative procedures. Notwithstanding any other
	322	+	2 provision of this Act to the contrary, the Director of the
	323	+	3 Illinois Power Agency may create alternative bidding
	324	+	4 procedures to be used in procuring professional services under
	325	+	5 subsections (a) and (c) of Section 1-75 and subsection (d) of
	326	+	6 Section 1-78 of the Illinois Power Agency Act and Section
	327	+	7 16-111.5(c) of the Public Utilities Act and to procure
	328	+	8 renewable energy resources under Section 1-56 of the Illinois
	329	+	9 Power Agency Act. These alternative procedures shall be set
	330	+	10 forth together with the other criteria contained in the
	331	+	11 invitation for bids, and shall appear in the appropriate
	332	+	12 volume of the Illinois Procurement Bulletin.
	333	+	13 (j) Reverse auction. Notwithstanding any other provision
	334	+	14 of this Section and in accordance with rules adopted by the
	335	+	15 chief procurement officer, that chief procurement officer may
	336	+	16 procure supplies or services through a competitive electronic
	337	+	17 auction bidding process after the chief procurement officer
	338	+	18 determines that the use of such a process will be in the best
	339	+	19 interest of the State. The chief procurement officer shall
	340	+	20 publish that determination in his or her next volume of the
	341	+	21 Illinois Procurement Bulletin.
	342	+	22 An invitation for bids shall be issued and shall include
	343	+	23 (i) a procurement description, (ii) all contractual terms,
	344	+	24 whenever practical, and (iii) conditions applicable to the
	345	+	25 procurement, including a notice that bids will be received in
	346	+	26 an electronic auction manner.
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	357	+	1 Public notice of the invitation for bids shall be given in
	358	+	2 the same manner as provided in subsection (c).
	359	+	3 Bids shall be accepted electronically at the time and in
	360	+	4 the manner designated in the invitation for bids. During the
	361	+	5 auction, a bidder's price shall be disclosed to other bidders.
	362	+	6 Bidders shall have the opportunity to reduce their bid prices
	363	+	7 during the auction. At the conclusion of the auction, the
	364	+	8 record of the bid prices received and the name of each bidder
	365	+	9 shall be open to public inspection.
	366	+	10 After the auction period has terminated, withdrawal of
	367	+	11 bids shall be permitted as provided in subsection (f).
	368	+	12 The contract shall be awarded within 60 calendar days
	369	+	13 after the auction by written notice to the lowest responsible
	370	+	14 bidder, or all bids shall be rejected except as otherwise
	371	+	15 provided in this Code. Extensions of the date for the award may
	372	+	16 be made by mutual written consent of the State purchasing
	373	+	17 officer and the lowest responsible bidder.
	374	+	18 This subsection does not apply to (i) procurements of
	375	+	19 professional and artistic services, (ii) telecommunications
	376	+	20 services, communication services, and information services,
	377	+	21 and (iii) contracts for construction projects, including
	378	+	22 design professional services.
	379	+	23 (Source: P.A. 101-31, eff. 6-28-19; 101-657, eff. 1-1-22;
	380	+	24 102-29, eff. 6-25-21.)
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