Bill Text: IL HB0960 | 2025-2026 | 104th General Assembly | Engrossed

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Bill Title: Amends the Illinois Procurement Code. In provisions concerning competitive sealed bidding, provides that a contract for supplies may be awarded using a market basket analysis to evaluate the lowest price for a representative sample of catalog supplies. Provides that a contract awarded using a market basket analysis shall include terms and conditions for (i) price changes for evaluated line items, (ii) substitution of evaluated line items, and (iii) the addition of catalog supplies that were not evaluated nor offered at the time of bid. Provides that the purchasing agency shall conduct semi-annual reviews of usage, substitutions, and items added or removed from the catalog. Defines terms.

Sponsorship: Moderate Partisan Bill (Democrat 5-1)

Status: (Engrossed - Dead) 2026-06-01 - Rule 3-9(a) / Re-referred to Assignments [HB0960 Detail]

Download: Illinois-2025-HB0960-Engrossed.html

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HB0960 Engrossed LRB104 04862 SPS 14889 b
AN ACT concerning State government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Procurement Code is amended by
changing Section 20-10 as follows:
(30 ILCS 500/20-10)
(Text of Section from P.A. 96-159, 96-588, 97-96, 97-895,
98-1076, 99-906, 100-43, 101-31, 101-657, 102-29, 103-558, and
103-564)
Sec. 20-10. Competitive sealed bidding; reverse auction.
(a) Conditions for use. All contracts shall be awarded by
competitive sealed bidding except as otherwise provided in
Section 20-5.
(b) Invitation for bids. An invitation for bids shall be
issued and shall include a purchase description and the
material contractual terms and conditions applicable to the
procurement.
(c) Public notice. Public notice of the invitation for
bids shall be published in the Illinois Procurement Bulletin
at least 14 calendar days before the date set in the invitation
for the opening of bids.
(d) Bid opening. Bids shall be opened publicly or through
an electronic procurement system in the presence of one or

HB0960 Engrossed - 2 - LRB104 04862 SPS 14889 b
more witnesses at the time and place designated in the
invitation for bids. The name of each bidder, including earned
and applied bid credit from the Illinois Works Jobs Program
Act, the amount of each bid, and other relevant information as
may be specified by rule shall be recorded. After the award of
the contract, the winning bid and the record of each
unsuccessful bid shall be open to public inspection.
(e) Bid acceptance and bid evaluation. Bids shall be
unconditionally accepted without alteration or correction,
except as authorized in this Code. Bids shall be evaluated
based on the requirements set forth in the invitation for
bids, which may include criteria to determine acceptability
such as inspection, testing, quality, workmanship, delivery,
and suitability for a particular purpose. Those criteria that
will affect the bid price and be considered in evaluation for
award, such as discounts, transportation costs, and total or
life cycle costs, shall be objectively measurable. The
invitation for bids shall set forth the evaluation criteria to
be used.
(f) Correction or withdrawal of bids. Correction or
withdrawal of inadvertently erroneous bids before or after
award, or cancellation of awards of contracts based on bid
mistakes, shall be permitted in accordance with rules. After
bid opening, no changes in bid prices or other provisions of
bids prejudicial to the interest of the State or fair
competition shall be permitted. All decisions to permit the

HB0960 Engrossed - 3 - LRB104 04862 SPS 14889 b
correction or withdrawal of bids based on bid mistakes shall
be supported by written determination made by a State
purchasing officer.
(g) Award. The contract shall be awarded with reasonable
promptness by written notice to the lowest responsible and
responsive bidder whose bid meets the requirements and
criteria set forth in the invitation for bids, except when a
State purchasing officer determines it is not in the best
interest of the State and by written explanation determines
another bidder shall receive the award. The explanation shall
appear in the appropriate volume of the Illinois Procurement
Bulletin. The written explanation must include:
(1) a description of the agency's needs;
(2) a determination that the anticipated cost will be
fair and reasonable;
(3) a listing of all responsible and responsive
bidders; and
(4) the name of the bidder selected, the total
contract price, and the reasons for selecting that bidder.
Each chief procurement officer may adopt guidelines to
implement the requirements of this subsection (g).
The written explanation shall be filed with the
Legislative Audit Commission, and the Commission on Equity and
Inclusion, and the Procurement Policy Board, and be made
available for inspection by the public, within 14 calendar
days after the agency's decision to award the contract.

HB0960 Engrossed - 4 - LRB104 04862 SPS 14889 b
(g-5) Failed bid notice. In addition to the requirements
of subsection (g), if a bidder has failed to be awarded a
contract after 4 consecutive bids to provide the same services
to the Department of Transportation, the Capital Development
Board, or the Illinois State Toll Highway Authority, the
applicable agency shall, in writing, detail why each of the 4
bids was not awarded to the bidder. The applicable agency
shall submit by certified copy to the bidder the reason or
reasons why each of the 4 bids was not awarded to the bidder.
The agency shall submit that certified copy to the bidder
within the same calendar quarter in which the fourth bid was
rejected. This subsection does not apply if information
pertaining to a failed bid was previously disclosed to a
bidder by electronic means. If any agency chooses to provide
information by electronic means, the agency shall have a
written policy outlining how the agency will reasonably ensure
the bidder receives the information. For the purposes of this
subsection, "electronic means" means an email communication
from the applicable agency to the bidder or a public posting on
the applicable agency's procurement bulletin.
(h) Multi-step sealed bidding. When it is considered
impracticable to initially prepare a purchase description to
support an award based on price, an invitation for bids may be
issued requesting the submission of unpriced offers to be
followed by an invitation for bids limited to those bidders
whose offers have been qualified under the criteria set forth

HB0960 Engrossed - 5 - LRB104 04862 SPS 14889 b
in the first solicitation.
(i) Alternative procedures. Notwithstanding any other
provision of this Act to the contrary, the Director of the
Illinois Power Agency may create alternative bidding
procedures to be used in procuring professional services under
Section 1-56, subsections (a) and (c) of Section 1-75 and
subsection (d) of Section 1-78 of the Illinois Power Agency
Act and Section 16-111.5(c) of the Public Utilities Act and to
procure renewable energy resources under Section 1-56 of the
Illinois Power Agency Act. These alternative procedures shall
be set forth together with the other criteria contained in the
invitation for bids, and shall appear in the appropriate
volume of the Illinois Procurement Bulletin.
(j) Reverse auction. Notwithstanding any other provision
of this Section and in accordance with rules adopted by the
chief procurement officer, that chief procurement officer may
procure supplies or services through a competitive electronic
auction bidding process after the chief procurement officer
determines that the use of such a process will be in the best
interest of the State. The chief procurement officer shall
publish that determination in his or her next volume of the
Illinois Procurement Bulletin.
An invitation for bids shall be issued and shall include
(i) a procurement description, (ii) all contractual terms,
whenever practical, and (iii) conditions applicable to the
procurement, including a notice that bids will be received in

HB0960 Engrossed - 6 - LRB104 04862 SPS 14889 b
an electronic auction manner.
Public notice of the invitation for bids shall be given in
the same manner as provided in subsection (c).
Bids shall be accepted electronically at the time and in
the manner designated in the invitation for bids. During the
auction, a bidder's price shall be disclosed to other bidders.
Bidders shall have the opportunity to reduce their bid prices
during the auction. At the conclusion of the auction, the
record of the bid prices received and the name of each bidder
shall be open to public inspection.
After the auction period has terminated, withdrawal of
bids shall be permitted as provided in subsection (f).
The contract shall be awarded within 60 calendar days
after the auction by written notice to the lowest responsible
bidder, or all bids shall be rejected except as otherwise
provided in this Code. Extensions of the date for the award may
be made by mutual written consent of the State purchasing
officer and the lowest responsible bidder.
This subsection does not apply to (i) procurements of
professional and artistic services, (ii) telecommunications
services, communication services, and information services,
and (iii) contracts for construction projects, including
design professional services.
(k) Catalog awards by market basket analysis. A contract
for catalog supplies may be awarded pursuant to this Section
using a market basket analysis to evaluate the lowest price a

HB0960 Engrossed - 7 - LRB104 04862 SPS 14889 b
vendor can offer for a representative sample of catalog
supplies. The award shall be made to the responsible and
responsive bidder with the lowest cost for the representative
sample, based on analysis of all available same items. The
prices bid for each line item shall be firm and specified in
the contract. Supplies offered by the bidder that are not
evaluated as part of the market basket constitute the balance
of the bidder's catalog. Line items shall be priced,
categorized into distinct groups, and have a fixed discount by
group. Only the catalog supplies offered in the bid may be
specified in the contract. A contract awarded under this
subsection shall include terms and conditions for (i) price
changes for evaluated line items, (ii) substitution of
evaluated line items, and (iii) the addition of catalog
supplies that were not evaluated nor offered at the time of
bid. The purchasing agency shall conduct semi-annual reviews
of usage, substitutions, and items added or removed from the
catalog.
As used in this subsection (k):
"Catalog supplies" means a defined list of items with
verifiable prices that are categorized into distinct groups of
like, similar, or the same supplies.
"Line item" means a separately identified supply with its
own description, unit of measure, quantity, and price.
"Market basket analysis" means an evaluation of the cost
of the representative sample of catalog supplies to determine

HB0960 Engrossed - 8 - LRB104 04862 SPS 14889 b
the lowest cost bidder.
"Representative sample" means the line items that make up
at least 75% of the supplies of the State's previous purchases
based on all available data.
(Source: P.A. 102-29, eff. 6-25-21; 103-558, eff. 1-1-24;
103-564, eff. 11-17-23.)
(Text of Section from P.A. 96-159, 96-795, 97-96, 97-895,
98-1076, 99-906, 100-43, 101-31, 101-657, 102-29, 103-558, and
103-564)
Sec. 20-10. Competitive sealed bidding; reverse auction.
(a) Conditions for use. All contracts shall be awarded by
competitive sealed bidding except as otherwise provided in
Section 20-5.
(b) Invitation for bids. An invitation for bids shall be
issued and shall include a purchase description and the
material contractual terms and conditions applicable to the
procurement.
(c) Public notice. Public notice of the invitation for
bids shall be published in the Illinois Procurement Bulletin
at least 14 calendar days before the date set in the invitation
for the opening of bids.
(d) Bid opening. Bids shall be opened publicly or through
an electronic procurement system in the presence of one or
more witnesses at the time and place designated in the
invitation for bids. The name of each bidder, including earned

HB0960 Engrossed - 9 - LRB104 04862 SPS 14889 b
and applied bid credit from the Illinois Works Jobs Program
Act, the amount of each bid, and other relevant information as
may be specified by rule shall be recorded. After the award of
the contract, the winning bid and the record of each
unsuccessful bid shall be open to public inspection.
(e) Bid acceptance and bid evaluation. Bids shall be
unconditionally accepted without alteration or correction,
except as authorized in this Code. Bids shall be evaluated
based on the requirements set forth in the invitation for
bids, which may include criteria to determine acceptability
such as inspection, testing, quality, workmanship, delivery,
and suitability for a particular purpose. Those criteria that
will affect the bid price and be considered in evaluation for
award, such as discounts, transportation costs, and total or
life cycle costs, shall be objectively measurable. The
invitation for bids shall set forth the evaluation criteria to
be used.
(f) Correction or withdrawal of bids. Correction or
withdrawal of inadvertently erroneous bids before or after
award, or cancellation of awards of contracts based on bid
mistakes, shall be permitted in accordance with rules. After
bid opening, no changes in bid prices or other provisions of
bids prejudicial to the interest of the State or fair
competition shall be permitted. All decisions to permit the
correction or withdrawal of bids based on bid mistakes shall
be supported by written determination made by a State

HB0960 Engrossed - 10 - LRB104 04862 SPS 14889 b
purchasing officer.
(g) Award. The contract shall be awarded with reasonable
promptness by written notice to the lowest responsible and
responsive bidder whose bid meets the requirements and
criteria set forth in the invitation for bids, except when a
State purchasing officer determines it is not in the best
interest of the State and by written explanation determines
another bidder shall receive the award. The explanation shall
appear in the appropriate volume of the Illinois Procurement
Bulletin. The written explanation must include:
(1) a description of the agency's needs;
(2) a determination that the anticipated cost will be
fair and reasonable;
(3) a listing of all responsible and responsive
bidders; and
(4) the name of the bidder selected, the total
contract price, and the reasons for selecting that bidder.
Each chief procurement officer may adopt guidelines to
implement the requirements of this subsection (g).
The written explanation shall be filed with the
Legislative Audit Commission, and the Commission on Equity and
Inclusion, and the Procurement Policy Board, and be made
available for inspection by the public, within 14 days after
the agency's decision to award the contract.
(g-5) Failed bid notice. In addition to the requirements
of subsection (g), if a bidder has failed to be awarded a

HB0960 Engrossed - 11 - LRB104 04862 SPS 14889 b
contract after 4 consecutive bids to provide the same services
to the Department of Transportation, the Capital Development
Board, or the Illinois State Toll Highway Authority, the
applicable agency shall, in writing, detail why each of the 4
bids was not awarded to the bidder. The applicable agency
shall submit by certified copy to the bidder the reason or
reasons why each of the 4 bids was not awarded to the bidder.
The agency shall submit that certified copy to the bidder
within the same calendar quarter in which the fourth bid was
rejected. This subsection does not apply if information
pertaining to a failed bid was previously disclosed to a
bidder by electronic means. If any agency chooses to provide
information by electronic means, the agency shall have a
written policy outlining how the agency will reasonably ensure
the bidder receives the information. For the purposes of this
subsection, "electronic means" means an email communication
from the applicable agency to the bidder or a public posting on
the applicable agency's procurement bulletin.
(h) Multi-step sealed bidding. When it is considered
impracticable to initially prepare a purchase description to
support an award based on price, an invitation for bids may be
issued requesting the submission of unpriced offers to be
followed by an invitation for bids limited to those bidders
whose offers have been qualified under the criteria set forth
in the first solicitation.
(i) Alternative procedures. Notwithstanding any other

HB0960 Engrossed - 12 - LRB104 04862 SPS 14889 b
provision of this Act to the contrary, the Director of the
Illinois Power Agency may create alternative bidding
procedures to be used in procuring professional services under
subsections (a) and (c) of Section 1-75 and subsection (d) of
Section 1-78 of the Illinois Power Agency Act and Section
16-111.5(c) of the Public Utilities Act and to procure
renewable energy resources under Section 1-56 of the Illinois
Power Agency Act. These alternative procedures shall be set
forth together with the other criteria contained in the
invitation for bids, and shall appear in the appropriate
volume of the Illinois Procurement Bulletin.
(j) Reverse auction. Notwithstanding any other provision
of this Section and in accordance with rules adopted by the
chief procurement officer, that chief procurement officer may
procure supplies or services through a competitive electronic
auction bidding process after the chief procurement officer
determines that the use of such a process will be in the best
interest of the State. The chief procurement officer shall
publish that determination in his or her next volume of the
Illinois Procurement Bulletin.
An invitation for bids shall be issued and shall include
(i) a procurement description, (ii) all contractual terms,
whenever practical, and (iii) conditions applicable to the
procurement, including a notice that bids will be received in
an electronic auction manner.
Public notice of the invitation for bids shall be given in

HB0960 Engrossed - 13 - LRB104 04862 SPS 14889 b
the same manner as provided in subsection (c).
Bids shall be accepted electronically at the time and in
the manner designated in the invitation for bids. During the
auction, a bidder's price shall be disclosed to other bidders.
Bidders shall have the opportunity to reduce their bid prices
during the auction. At the conclusion of the auction, the
record of the bid prices received and the name of each bidder
shall be open to public inspection.
After the auction period has terminated, withdrawal of
bids shall be permitted as provided in subsection (f).
The contract shall be awarded within 60 calendar days
after the auction by written notice to the lowest responsible
bidder, or all bids shall be rejected except as otherwise
provided in this Code. Extensions of the date for the award may
be made by mutual written consent of the State purchasing
officer and the lowest responsible bidder.
This subsection does not apply to (i) procurements of
professional and artistic services, (ii) telecommunications
services, communication services, and information services,
and (iii) contracts for construction projects, including
design professional services.
(k) Catalog awards by market basket analysis. A contract
for catalog supplies may be awarded pursuant to this Section
using a market basket analysis to evaluate the lowest price a
vendor can offer for a representative sample of catalog
supplies. The award shall be made to the responsible and

HB0960 Engrossed - 14 - LRB104 04862 SPS 14889 b
responsive bidder with the lowest cost for the representative
sample, based on analysis of all available same items. The
prices bid for each line item shall be firm and specified in
the contract. Supplies offered by the bidder that are not
evaluated as part of the market basket constitute the balance
of the bidder's catalog. Line items shall be priced,
categorized into distinct groups, and have a fixed discount by
group. Only the catalog supplies offered in the bid may be
specified in the contract. A contract awarded under this
subsection shall include terms and conditions for (i) price
changes for evaluated line items, (ii) substitution of
evaluated line items, and (iii) the addition of catalog
supplies that were not evaluated nor offered at the time of
bid. The purchasing agency shall conduct semi-annual reviews
of usage, substitutions, and items added or removed from the
catalog.
As used in this subsection (k):
"Catalog supplies" means a defined list of items with
verifiable prices that are categorized into distinct groups of
like, similar, or the same supplies.
"Line item" means a separately identified supply with its
own description, unit of measure, quantity, and price.
"Market basket analysis" means an evaluation of the cost
of the representative sample of catalog supplies to determine
the lowest cost bidder.
"Representative sample" means the line items that make up

HB0960 Engrossed - 15 - LRB104 04862 SPS 14889 b
at least 75% of the supplies of the State's previous purchases
based on all available data.
(Source: P.A. 102-29, eff. 6-25-21; 103-558, eff. 1-1-24;
103-564, eff. 11-17-23.)
Section 95. No acceleration or delay. Where this Act makes
changes in a statute that is represented in this Act by text
that is not yet or no longer in effect (for example, a Section
represented by multiple versions), the use of that text does
not accelerate or delay the taking effect of (i) the changes
made by this Act or (ii) provisions derived from any other
Public Act.