Illinois 2025-2026 Regular Session

Illinois House Bill HB1579 Compare Versions

Only one version of the bill is available at this time.
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11 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1579 Introduced , by Rep. Dave Vella SYNOPSIS AS INTRODUCED: 30 ILCS 500/20-1020 ILCS 605/605-1118 new Amends the Department of Commerce and Economic Opportunity Law of the Civil Administrative Code of Illinois. Provides that the Department of Commerce and Economic Opportunity shall create and administer a bid credit program to provide economic incentives, through bid credits, for small and medium-sized manufacturers. Amends the Illinois Procurement Code to make conforming changes. Effective immediately. LRB104 06275 HLH 16310 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1579 Introduced , by Rep. Dave Vella SYNOPSIS AS INTRODUCED: 30 ILCS 500/20-1020 ILCS 605/605-1118 new 30 ILCS 500/20-10 20 ILCS 605/605-1118 new Amends the Department of Commerce and Economic Opportunity Law of the Civil Administrative Code of Illinois. Provides that the Department of Commerce and Economic Opportunity shall create and administer a bid credit program to provide economic incentives, through bid credits, for small and medium-sized manufacturers. Amends the Illinois Procurement Code to make conforming changes. Effective immediately. LRB104 06275 HLH 16310 b LRB104 06275 HLH 16310 b A BILL FOR
22 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1579 Introduced , by Rep. Dave Vella SYNOPSIS AS INTRODUCED:
33 30 ILCS 500/20-1020 ILCS 605/605-1118 new 30 ILCS 500/20-10 20 ILCS 605/605-1118 new
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55 20 ILCS 605/605-1118 new
66 Amends the Department of Commerce and Economic Opportunity Law of the Civil Administrative Code of Illinois. Provides that the Department of Commerce and Economic Opportunity shall create and administer a bid credit program to provide economic incentives, through bid credits, for small and medium-sized manufacturers. Amends the Illinois Procurement Code to make conforming changes. Effective immediately.
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1212 1 AN ACT concerning State government.
1313 2 Be it enacted by the People of the State of Illinois,
1414 3 represented in the General Assembly:
1515 4 Section 5. The Illinois Procurement Code is amended by
1616 5 changing Section 20-10 as follows:
1717 6 (30 ILCS 500/20-10)
1818 7 (Text of Section from P.A. 96-159, 96-588, 97-96, 97-895,
1919 8 98-1076, 99-906, 100-43, 101-31, 101-657, 102-29, 103-558, and
2020 9 103-564)
2121 10 Sec. 20-10. Competitive sealed bidding; reverse auction.
2222 11 (a) Conditions for use. All contracts shall be awarded by
2323 12 competitive sealed bidding except as otherwise provided in
2424 13 Section 20-5.
2525 14 (b) Invitation for bids. An invitation for bids shall be
2626 15 issued and shall include a purchase description and the
2727 16 material contractual terms and conditions applicable to the
2828 17 procurement.
2929 18 (c) Public notice. Public notice of the invitation for
3030 19 bids shall be published in the Illinois Procurement Bulletin
3131 20 at least 14 calendar days before the date set in the invitation
3232 21 for the opening of bids.
3333 22 (d) Bid opening. Bids shall be opened publicly or through
3434 23 an electronic procurement system in the presence of one or
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3838 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1579 Introduced , by Rep. Dave Vella SYNOPSIS AS INTRODUCED:
3939 30 ILCS 500/20-1020 ILCS 605/605-1118 new 30 ILCS 500/20-10 20 ILCS 605/605-1118 new
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4242 Amends the Department of Commerce and Economic Opportunity Law of the Civil Administrative Code of Illinois. Provides that the Department of Commerce and Economic Opportunity shall create and administer a bid credit program to provide economic incentives, through bid credits, for small and medium-sized manufacturers. Amends the Illinois Procurement Code to make conforming changes. Effective immediately.
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7171 1 more witnesses at the time and place designated in the
7272 2 invitation for bids. The name of each bidder, including earned
7373 3 and applied bid credit from the Illinois Works Jobs Program
7474 4 Act and including the earned and applied bid credit from the
7575 5 program established under Section 605-1118 of the Department
7676 6 of Commerce and Economic Opportunity Law of the Civil
7777 7 Administrative Code of Illinois, the amount of each bid, and
7878 8 other relevant information as may be specified by rule shall
7979 9 be recorded. After the award of the contract, the winning bid
8080 10 and the record of each unsuccessful bid shall be open to public
8181 11 inspection.
8282 12 (e) Bid acceptance and bid evaluation. Bids shall be
8383 13 unconditionally accepted without alteration or correction,
8484 14 except as authorized in this Code. Bids shall be evaluated
8585 15 based on the requirements set forth in the invitation for
8686 16 bids, which may include criteria to determine acceptability
8787 17 such as inspection, testing, quality, workmanship, delivery,
8888 18 and suitability for a particular purpose. Those criteria that
8989 19 will affect the bid price and be considered in evaluation for
9090 20 award, such as discounts, transportation costs, and total or
9191 21 life cycle costs, shall be objectively measurable. The
9292 22 invitation for bids shall set forth the evaluation criteria to
9393 23 be used.
9494 24 (f) Correction or withdrawal of bids. Correction or
9595 25 withdrawal of inadvertently erroneous bids before or after
9696 26 award, or cancellation of awards of contracts based on bid
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107107 1 mistakes, shall be permitted in accordance with rules. After
108108 2 bid opening, no changes in bid prices or other provisions of
109109 3 bids prejudicial to the interest of the State or fair
110110 4 competition shall be permitted. All decisions to permit the
111111 5 correction or withdrawal of bids based on bid mistakes shall
112112 6 be supported by written determination made by a State
113113 7 purchasing officer.
114114 8 (g) Award. The contract shall be awarded with reasonable
115115 9 promptness by written notice to the lowest responsible and
116116 10 responsive bidder whose bid meets the requirements and
117117 11 criteria set forth in the invitation for bids, except when a
118118 12 State purchasing officer determines it is not in the best
119119 13 interest of the State and by written explanation determines
120120 14 another bidder shall receive the award. The explanation shall
121121 15 appear in the appropriate volume of the Illinois Procurement
122122 16 Bulletin. The written explanation must include:
123123 17 (1) a description of the agency's needs;
124124 18 (2) a determination that the anticipated cost will be
125125 19 fair and reasonable;
126126 20 (3) a listing of all responsible and responsive
127127 21 bidders; and
128128 22 (4) the name of the bidder selected, the total
129129 23 contract price, and the reasons for selecting that bidder.
130130 24 Each chief procurement officer may adopt guidelines to
131131 25 implement the requirements of this subsection (g).
132132 26 The written explanation shall be filed with the
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143143 1 Legislative Audit Commission, and the Commission on Equity and
144144 2 Inclusion, and the Procurement Policy Board, and be made
145145 3 available for inspection by the public, within 14 calendar
146146 4 days after the agency's decision to award the contract.
147147 5 (g-5) Failed bid notice. In addition to the requirements
148148 6 of subsection (g), if a bidder has failed to be awarded a
149149 7 contract after 4 consecutive bids to provide the same services
150150 8 to the Department of Transportation, the Capital Development
151151 9 Board, or the Illinois State Toll Highway Authority, the
152152 10 applicable agency shall, in writing, detail why each of the 4
153153 11 bids was not awarded to the bidder. The applicable agency
154154 12 shall submit by certified copy to the bidder the reason or
155155 13 reasons why each of the 4 bids was not awarded to the bidder.
156156 14 The agency shall submit that certified copy to the bidder
157157 15 within the same calendar quarter in which the fourth bid was
158158 16 rejected. This subsection does not apply if information
159159 17 pertaining to a failed bid was previously disclosed to a
160160 18 bidder by electronic means. If any agency chooses to provide
161161 19 information by electronic means, the agency shall have a
162162 20 written policy outlining how the agency will reasonably ensure
163163 21 the bidder receives the information. For the purposes of this
164164 22 subsection, "electronic means" means an email communication
165165 23 from the applicable agency to the bidder or a public posting on
166166 24 the applicable agency's procurement bulletin.
167167 25 (h) Multi-step sealed bidding. When it is considered
168168 26 impracticable to initially prepare a purchase description to
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179179 1 support an award based on price, an invitation for bids may be
180180 2 issued requesting the submission of unpriced offers to be
181181 3 followed by an invitation for bids limited to those bidders
182182 4 whose offers have been qualified under the criteria set forth
183183 5 in the first solicitation.
184184 6 (i) Alternative procedures. Notwithstanding any other
185185 7 provision of this Act to the contrary, the Director of the
186186 8 Illinois Power Agency may create alternative bidding
187187 9 procedures to be used in procuring professional services under
188188 10 Section 1-56, subsections (a) and (c) of Section 1-75 and
189189 11 subsection (d) of Section 1-78 of the Illinois Power Agency
190190 12 Act and Section 16-111.5(c) of the Public Utilities Act and to
191191 13 procure renewable energy resources under Section 1-56 of the
192192 14 Illinois Power Agency Act. These alternative procedures shall
193193 15 be set forth together with the other criteria contained in the
194194 16 invitation for bids, and shall appear in the appropriate
195195 17 volume of the Illinois Procurement Bulletin.
196196 18 (j) Reverse auction. Notwithstanding any other provision
197197 19 of this Section and in accordance with rules adopted by the
198198 20 chief procurement officer, that chief procurement officer may
199199 21 procure supplies or services through a competitive electronic
200200 22 auction bidding process after the chief procurement officer
201201 23 determines that the use of such a process will be in the best
202202 24 interest of the State. The chief procurement officer shall
203203 25 publish that determination in his or her next volume of the
204204 26 Illinois Procurement Bulletin.
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215215 1 An invitation for bids shall be issued and shall include
216216 2 (i) a procurement description, (ii) all contractual terms,
217217 3 whenever practical, and (iii) conditions applicable to the
218218 4 procurement, including a notice that bids will be received in
219219 5 an electronic auction manner.
220220 6 Public notice of the invitation for bids shall be given in
221221 7 the same manner as provided in subsection (c).
222222 8 Bids shall be accepted electronically at the time and in
223223 9 the manner designated in the invitation for bids. During the
224224 10 auction, a bidder's price shall be disclosed to other bidders.
225225 11 Bidders shall have the opportunity to reduce their bid prices
226226 12 during the auction. At the conclusion of the auction, the
227227 13 record of the bid prices received and the name of each bidder
228228 14 shall be open to public inspection.
229229 15 After the auction period has terminated, withdrawal of
230230 16 bids shall be permitted as provided in subsection (f).
231231 17 The contract shall be awarded within 60 calendar days
232232 18 after the auction by written notice to the lowest responsible
233233 19 bidder, or all bids shall be rejected except as otherwise
234234 20 provided in this Code. Extensions of the date for the award may
235235 21 be made by mutual written consent of the State purchasing
236236 22 officer and the lowest responsible bidder.
237237 23 This subsection does not apply to (i) procurements of
238238 24 professional and artistic services, (ii) telecommunications
239239 25 services, communication services, and information services,
240240 26 and (iii) contracts for construction projects, including
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251251 1 design professional services.
252252 2 (Source: P.A. 102-29, eff. 6-25-21; 103-558, eff. 1-1-24;
253253 3 103-564, eff. 11-17-23.)
254254 4 (Text of Section from P.A. 96-159, 96-795, 97-96, 97-895,
255255 5 98-1076, 99-906, 100-43, 101-31, 101-657, 102-29, 103-558, and
256256 6 103-564)
257257 7 Sec. 20-10. Competitive sealed bidding; reverse auction.
258258 8 (a) Conditions for use. All contracts shall be awarded by
259259 9 competitive sealed bidding except as otherwise provided in
260260 10 Section 20-5.
261261 11 (b) Invitation for bids. An invitation for bids shall be
262262 12 issued and shall include a purchase description and the
263263 13 material contractual terms and conditions applicable to the
264264 14 procurement.
265265 15 (c) Public notice. Public notice of the invitation for
266266 16 bids shall be published in the Illinois Procurement Bulletin
267267 17 at least 14 calendar days before the date set in the invitation
268268 18 for the opening of bids.
269269 19 (d) Bid opening. Bids shall be opened publicly or through
270270 20 an electronic procurement system in the presence of one or
271271 21 more witnesses at the time and place designated in the
272272 22 invitation for bids. The name of each bidder, including earned
273273 23 and applied bid credit from the Illinois Works Jobs Program
274274 24 Act and including the earned and applied bid credit from the
275275 25 program established under Section 605-1118 of the Department
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286286 1 of Commerce and Economic Opportunity Law of the Civil
287287 2 Administrative Code of Illinois, the amount of each bid, and
288288 3 other relevant information as may be specified by rule shall
289289 4 be recorded. After the award of the contract, the winning bid
290290 5 and the record of each unsuccessful bid shall be open to public
291291 6 inspection.
292292 7 (e) Bid acceptance and bid evaluation. Bids shall be
293293 8 unconditionally accepted without alteration or correction,
294294 9 except as authorized in this Code. Bids shall be evaluated
295295 10 based on the requirements set forth in the invitation for
296296 11 bids, which may include criteria to determine acceptability
297297 12 such as inspection, testing, quality, workmanship, delivery,
298298 13 and suitability for a particular purpose. Those criteria that
299299 14 will affect the bid price and be considered in evaluation for
300300 15 award, such as discounts, transportation costs, and total or
301301 16 life cycle costs, shall be objectively measurable. The
302302 17 invitation for bids shall set forth the evaluation criteria to
303303 18 be used.
304304 19 (f) Correction or withdrawal of bids. Correction or
305305 20 withdrawal of inadvertently erroneous bids before or after
306306 21 award, or cancellation of awards of contracts based on bid
307307 22 mistakes, shall be permitted in accordance with rules. After
308308 23 bid opening, no changes in bid prices or other provisions of
309309 24 bids prejudicial to the interest of the State or fair
310310 25 competition shall be permitted. All decisions to permit the
311311 26 correction or withdrawal of bids based on bid mistakes shall
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322322 1 be supported by written determination made by a State
323323 2 purchasing officer.
324324 3 (g) Award. The contract shall be awarded with reasonable
325325 4 promptness by written notice to the lowest responsible and
326326 5 responsive bidder whose bid meets the requirements and
327327 6 criteria set forth in the invitation for bids, except when a
328328 7 State purchasing officer determines it is not in the best
329329 8 interest of the State and by written explanation determines
330330 9 another bidder shall receive the award. The explanation shall
331331 10 appear in the appropriate volume of the Illinois Procurement
332332 11 Bulletin. The written explanation must include:
333333 12 (1) a description of the agency's needs;
334334 13 (2) a determination that the anticipated cost will be
335335 14 fair and reasonable;
336336 15 (3) a listing of all responsible and responsive
337337 16 bidders; and
338338 17 (4) the name of the bidder selected, the total
339339 18 contract price, and the reasons for selecting that bidder.
340340 19 Each chief procurement officer may adopt guidelines to
341341 20 implement the requirements of this subsection (g).
342342 21 The written explanation shall be filed with the
343343 22 Legislative Audit Commission, and the Commission on Equity and
344344 23 Inclusion, and the Procurement Policy Board, and be made
345345 24 available for inspection by the public, within 14 days after
346346 25 the agency's decision to award the contract.
347347 26 (g-5) Failed bid notice. In addition to the requirements
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358358 1 of subsection (g), if a bidder has failed to be awarded a
359359 2 contract after 4 consecutive bids to provide the same services
360360 3 to the Department of Transportation, the Capital Development
361361 4 Board, or the Illinois State Toll Highway Authority, the
362362 5 applicable agency shall, in writing, detail why each of the 4
363363 6 bids was not awarded to the bidder. The applicable agency
364364 7 shall submit by certified copy to the bidder the reason or
365365 8 reasons why each of the 4 bids was not awarded to the bidder.
366366 9 The agency shall submit that certified copy to the bidder
367367 10 within the same calendar quarter in which the fourth bid was
368368 11 rejected. This subsection does not apply if information
369369 12 pertaining to a failed bid was previously disclosed to a
370370 13 bidder by electronic means. If any agency chooses to provide
371371 14 information by electronic means, the agency shall have a
372372 15 written policy outlining how the agency will reasonably ensure
373373 16 the bidder receives the information. For the purposes of this
374374 17 subsection, "electronic means" means an email communication
375375 18 from the applicable agency to the bidder or a public posting on
376376 19 the applicable agency's procurement bulletin.
377377 20 (h) Multi-step sealed bidding. When it is considered
378378 21 impracticable to initially prepare a purchase description to
379379 22 support an award based on price, an invitation for bids may be
380380 23 issued requesting the submission of unpriced offers to be
381381 24 followed by an invitation for bids limited to those bidders
382382 25 whose offers have been qualified under the criteria set forth
383383 26 in the first solicitation.
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394394 1 (i) Alternative procedures. Notwithstanding any other
395395 2 provision of this Act to the contrary, the Director of the
396396 3 Illinois Power Agency may create alternative bidding
397397 4 procedures to be used in procuring professional services under
398398 5 subsections (a) and (c) of Section 1-75 and subsection (d) of
399399 6 Section 1-78 of the Illinois Power Agency Act and Section
400400 7 16-111.5(c) of the Public Utilities Act and to procure
401401 8 renewable energy resources under Section 1-56 of the Illinois
402402 9 Power Agency Act. These alternative procedures shall be set
403403 10 forth together with the other criteria contained in the
404404 11 invitation for bids, and shall appear in the appropriate
405405 12 volume of the Illinois Procurement Bulletin.
406406 13 (j) Reverse auction. Notwithstanding any other provision
407407 14 of this Section and in accordance with rules adopted by the
408408 15 chief procurement officer, that chief procurement officer may
409409 16 procure supplies or services through a competitive electronic
410410 17 auction bidding process after the chief procurement officer
411411 18 determines that the use of such a process will be in the best
412412 19 interest of the State. The chief procurement officer shall
413413 20 publish that determination in his or her next volume of the
414414 21 Illinois Procurement Bulletin.
415415 22 An invitation for bids shall be issued and shall include
416416 23 (i) a procurement description, (ii) all contractual terms,
417417 24 whenever practical, and (iii) conditions applicable to the
418418 25 procurement, including a notice that bids will be received in
419419 26 an electronic auction manner.
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430430 1 Public notice of the invitation for bids shall be given in
431431 2 the same manner as provided in subsection (c).
432432 3 Bids shall be accepted electronically at the time and in
433433 4 the manner designated in the invitation for bids. During the
434434 5 auction, a bidder's price shall be disclosed to other bidders.
435435 6 Bidders shall have the opportunity to reduce their bid prices
436436 7 during the auction. At the conclusion of the auction, the
437437 8 record of the bid prices received and the name of each bidder
438438 9 shall be open to public inspection.
439439 10 After the auction period has terminated, withdrawal of
440440 11 bids shall be permitted as provided in subsection (f).
441441 12 The contract shall be awarded within 60 calendar days
442442 13 after the auction by written notice to the lowest responsible
443443 14 bidder, or all bids shall be rejected except as otherwise
444444 15 provided in this Code. Extensions of the date for the award may
445445 16 be made by mutual written consent of the State purchasing
446446 17 officer and the lowest responsible bidder.
447447 18 This subsection does not apply to (i) procurements of
448448 19 professional and artistic services, (ii) telecommunications
449449 20 services, communication services, and information services,
450450 21 and (iii) contracts for construction projects, including
451451 22 design professional services.
452452 23 (Source: P.A. 102-29, eff. 6-25-21; 103-558, eff. 1-1-24;
453453 24 103-564, eff. 11-17-23.)
454454 25 Section 10. The Department of Commerce and Economic
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465465 1 Opportunity Law of the Civil Administrative Code of Illinois
466466 2 is amended by adding Section 605-1118 as follows:
467467 3 (20 ILCS 605/605-1118 new)
468468 4 Sec. 605-1118. Manufacturing bid credit program.
469469 5 (a) For State fiscal years beginning on or after July 1,
470470 6 2025, the Department shall create and administer a bid credit
471471 7 program to provide economic incentives, through bid credits,
472472 8 for small and medium-sized manufacturers. The program shall
473473 9 allow approved manufacturers to earn bid credits for use
474474 10 toward future bids for projects contracted by the State or an
475475 11 agency of the State in order to increase the chances that the
476476 12 approved manufacturer will be selected. Manufacturers shall
477477 13 earn bid credits at a rate established by the Department by
478478 14 rule based on: (i) the size of the business; (ii) whether the
479479 15 business had a previous relationship with the State within the
480480 16 5-year period immediately preceding the date of the
481481 17 application; and (iii) whether the bid will have a positive
482482 18 impact on the growth of the business. The Department shall
483483 19 establish the rate by rule and shall publish it on the
484484 20 Department's website.
485485 21 (b) As used in this Section:
486486 22 "Medium-sized manufacturer" means a business that is
487487 23 primarily engaged in manufacturing activities and that has
488488 24 between 50 and 200 employees on the date of the application.
489489 25 "Small manufacturer" means a business that is primarily
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500500 1 engaged in manufacturing activities and that has fewer than 50
501501 2 employees on the date of the application.
502502 3 Section 95. No acceleration or delay. Where this Act makes
503503 4 changes in a statute that is represented in this Act by text
504504 5 that is not yet or no longer in effect (for example, a Section
505505 6 represented by multiple versions), the use of that text does
506506 7 not accelerate or delay the taking effect of (i) the changes
507507 8 made by this Act or (ii) provisions derived from any other
508508 9 Public Act.
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