Bill Text: IL HB4217 | 2017-2018 | 100th General Assembly | Introduced


Bill Title: Amends the Illinois Procurement Code. Provides that any board, commission, authority, or other entity authorized or created by State law with the power to award contracts under the Code shall, as a part of the notice required for the awarding of contracts, disclose specified information regarding conflicts of interest. Requires that disclosure must be posted in the online electronic Bulletin along with and conforming to the notice posted for the awarding of contracts. Requires disclosed conflict of interest information to be made available on the electronic Bulletin clearinghouse. Defines "conflict of interest".

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2019-01-08 - Session Sine Die [HB4217 Detail]

Download: Illinois-2017-HB4217-Introduced.html


100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB4217

Introduced , by Rep. David Harris

SYNOPSIS AS INTRODUCED:
30 ILCS 500/15-25
30 ILCS 500/15-30

Amends the Illinois Procurement Code. Provides that any board, commission, authority, or other entity authorized or created by State law with the power to award contracts under the Code shall, as a part of the notice required for the awarding of contracts, disclose specified information regarding conflicts of interest. Requires that disclosure must be posted in the online electronic Bulletin along with and conforming to the notice posted for the awarding of contracts. Requires disclosed conflict of interest information to be made available on the electronic Bulletin clearinghouse. Defines "conflict of interest".
LRB100 15939 RJF 31055 b

A BILL FOR

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1 AN ACT concerning finance.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Illinois Procurement Code is amended by
5changing Sections 15-25 and 15-30 as follows:
6 (30 ILCS 500/15-25)
7 Sec. 15-25. Bulletin content.
8 (a) Invitations for bids. Notice of each and every contract
9that is offered, including renegotiated contracts and change
10orders, shall be published in the Bulletin. The applicable
11chief procurement officer may provide by rule an organized
12format for the publication of this information, but in any case
13it must include at least the date first offered, the date
14submission of offers is due, the location that offers are to be
15submitted to, the purchasing State agency, the responsible
16State purchasing officer, a brief purchase description, the
17method of source selection, information of how to obtain a
18comprehensive purchase description and any disclosure and
19contract forms, and encouragement to potential contractors to
20hire qualified veterans, as defined by Section 45-67 of this
21Code, and qualified Illinois minorities, women, persons with
22disabilities, and residents discharged from any Illinois adult
23correctional center.

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1 (a-5) All businesses listed on the Illinois Unified
2Certification Program Disadvantaged Business Enterprise
3Directory, the Business Enterprise Program of the Department of
4Central Management Services, and any small business database
5created pursuant to Section 45-45 of this Code shall be
6furnished written instructions and information on how to
7register for the Illinois Procurement Bulletin. This
8information shall be provided to each business within 30
9calendar days after the business's notice of certification or
10qualification.
11 (b) Contracts let. Notice of each and every contract that
12is let, including renegotiated contracts and change orders,
13shall be issued electronically to those bidders submitting
14responses to the solicitations, inclusive of the unsuccessful
15bidders, immediately upon contract let. Failure of any chief
16procurement officer to give such notice shall result in tolling
17the time for filing a bid protest up to 7 calendar days.
18 For purposes of this subsection (b), "contracts let" means
19a construction agency's act of advertising an invitation for
20bids for one or more construction projects.
21 (b-5) Contracts awarded. Notice of each and every contract
22that is awarded, including renegotiated contracts and change
23orders, shall be issued electronically to the successful
24responsible bidder, offeror, or contractor and published in the
25Bulletin. The applicable chief procurement officer may provide
26by rule an organized format for the publication of this

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1information, but in any case it must include at least all of
2the information specified in subsection (a) as well as the name
3of the successful responsible bidder, offeror, the contract
4price, the number of unsuccessful bidders or offerors and any
5other disclosure specified in any Section of this Code. This
6notice must be posted in the online electronic Bulletin prior
7to execution of the contract.
8 For purposes of this subsection (b-5), "contract award"
9means the determination that a particular bidder or offeror has
10been selected from among other bidders or offerors to receive a
11contract, subject to the successful completion of final
12negotiations. "Contract award" is evidenced by the posting of a
13Notice of Award or a Notice of Intent to Award to the
14respective volume of the Illinois Procurement Bulletin.
15 (c) Emergency purchase disclosure. Any chief procurement
16officer or State purchasing officer exercising emergency
17purchase authority under this Code shall publish a written
18description and reasons and the total cost, if known, or an
19estimate if unknown and the name of the responsible chief
20procurement officer and State purchasing officer, and the
21business or person contracted with for all emergency purchases
22in the Bulletin. This notice must be posted in the online
23electronic Bulletin no later than 5 calendar days after the
24contract is awarded. Notice of a hearing to extend an emergency
25contract must be posted in the online electronic Procurement
26Bulletin no later than 14 calendar days prior to the hearing.

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1 (c-5) Business Enterprise Program report. Each purchasing
2agency shall, with the assistance of the applicable chief
3procurement officer, post in the online electronic Bulletin a
4copy of its annual report of utilization of businesses owned by
5minorities, women, and persons with disabilities as submitted
6to the Business Enterprise Council for Minorities, Women, and
7Persons with Disabilities pursuant to Section 6(c) of the
8Business Enterprise for Minorities, Women, and Persons with
9Disabilities Act within 10 calendar days after its submission
10of its report to the Council.
11 (c-10) Renewals. Notice of each contract renewal shall be
12posted in the Bulletin within 14 calendar days of the
13determination to execute a renewal of the contract. The notice
14shall include at least all of the information required in
15subsection (a) or (b), as applicable.
16 (c-15) Sole source procurements. Before entering into a
17sole source contract, a chief procurement officer exercising
18sole source procurement authority under this Code shall publish
19a written description of intent to enter into a sole source
20contract along with a description of the item to be procured
21and the intended sole source contractor. This notice must be
22posted in the online electronic Procurement Bulletin before a
23sole source contract is awarded and at least 14 calendar days
24before the hearing required by Section 20-25.
25 (d) Other required disclosure. The applicable chief
26procurement officer shall provide by rule for the organized

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1publication of all other disclosure required in other Sections
2of this Code in a timely manner.
3 (e) The changes to subsections (b), (c), (c-5), (c-10), and
4(c-15) of this Section made by Public Act 96-795 this
5amendatory Act of the 96th General Assembly apply to reports
6submitted, offers made, and notices on contracts executed on or
7after July 1, 2010 (the its effective date of Public Act
896-795).
9 (f) Each chief procurement officer shall, in consultation
10with the agencies under his or her jurisdiction, provide the
11Procurement Policy Board with the information and resources
12necessary, and in a manner, to effectuate the purpose of Public
13Act 96-1444 this amendatory Act of the 96th General Assembly.
14 (g) Any board, commission, authority, or other entity
15authorized or created by State law with the power to award
16contracts under this Code shall, as a part of the notice
17required for the awarding of contracts under subsections (b-5)
18and (c-15), disclose the following information:
19 (1) the party or parties with whom that board,
20 commission, authority, or authorized entity plans to
21 contract;
22 (2) the purpose of the contract;
23 (3) potential conflicts of interest between a member of
24 the contracting board, commission, authority, or
25 authorized entity, and the entity with whom the contract is
26 made, if any; and

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1 (4) if a conflict of interest exists, a listing of the
2 member or members having that conflict, with an explanation
3 of the relationship creating the conflict and whether that
4 conflicting member recused him or herself from any decision
5 regarding the awarding of the contract in question.
6 This disclosure must be posted in the online electronic
7Bulletin along with and conforming to notice posted in the
8Bulletin under subsections (b-5) and (c-15).
9 For the purposes of this subsection (g), "conflict of
10interest" means any conflict of interest prohibited under
11Section 50-13, and includes any financial, charitable, or
12personal relationship between any member of a contracting
13board, commission, authority, or authorized entity, and any
14person associated with the entity with whom a contract is made.
15(Source: P.A. 100-43, eff. 8-9-17; 100-391, eff. 8-25-17;
16revised 10-2-17.)
17 (30 ILCS 500/15-30)
18 Sec. 15-30. Electronic Bulletin clearinghouse.
19 (a) The Procurement Policy Board shall maintain on its
20official website a searchable database containing all
21information required to be included in the Illinois Procurement
22Bulletin under subsections (b), (b-5), (c), (c-10), and (c-15),
23and (g) of Section 15-25 and all information required to be
24disclosed under Section 50-41. The posting of procurement
25information on the website is subject to the same posting

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1requirements as the online electronic Bulletin.
2 (b) For the purposes of this Section, searchable means
3searchable and sortable by awarded bidder, offeror, potential
4contractor, or contractor, for emergency purchases, business
5or person contracted with; the contract price or total cost;
6the service or supply; the purchasing State agency; conflicts
7of interest; and the date first offered or announced.
8 (c) The applicable chief procurement officer shall provide
9the Procurement Policy Board the information and resources
10necessary, and in a manner, to effectuate the purpose of this
11Section.
12(Source: P.A. 100-43, eff. 8-9-17.)
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