(30 ILCS 525/0.01) (from Ch. 85, par. 1600)
Sec. 0.01.
Short title.
This Act may be cited as the
Governmental Joint Purchasing Act.
(Source: P.A. 86-1324.)
(30 ILCS 525/1) (from Ch. 85, par. 1601)
Sec. 1. Definitions. For the purposes of this Act:
“Governmental unit” means the State of
Illinois, any State agency as defined in Section 1-15.100 of the Illinois Procurement Code, officers of the State of Illinois, any public authority which has the power to tax, or
any other public entity created by statute.
“Master contract” means a definite quantity or indefinite quantity contract awarded pursuant to this Act against which subsequent orders may be placed to meet the needs of a governmental unit or qualified not-for-profit agency.
“Multiple award” means an award that is made to 2 or more bidders or offerors for similar supplies or services.
(Source: P.A. 100-43, eff. 8-9-17; 100-863, eff. 8-14-18.)
(30 ILCS 525/1.1)
Sec. 1.1. Joint purchasing programs. Each chief procurement officer may establish a joint purchasing program and a cooperative purchasing program.
(Source: P.A. 100-43, eff. 8-9-17.)
(30 ILCS 525/2) (from Ch. 85, par. 1602)
Sec. 2. Joint purchasing authority.
(a) Any governmental unit, except a governmental unit subject to the jurisdiction of a chief procurement officer established in Section 10-20 of the Illinois Procurement Code, may purchase personal property, supplies
and services jointly with one or more other governmental units. All such joint
purchases shall be by competitive solicitation as provided in Section 4, except as otherwise provided in this Act.
The provisions of any other acts under which a governmental unit operates which
refer to purchases and procedures in connection therewith shall be superseded
by the provisions of this Act when the governmental units are exercising the
joint powers created by this Act.
(a-5) For purchases made by a governmental unit subject to the jurisdiction of a chief procurement officer established in Section 10-20 of the Illinois Procurement Code, the applicable chief procurement officer established in Section 10-20 of the Illinois Procurement Code may authorize the purchase of supplies and services jointly with a governmental unit of this State, governmental entity of another state, or with a consortium of governmental entities of one or more other states, except as otherwise provided in this Act. Subject to provisions of the joint purchasing solicitation, the appropriate chief procurement officer may designate the resulting contract as available to governmental units in Illinois.
(a-10) Each chief procurement officer appointed pursuant to Section 10-20 of the Illinois Procurement Code, with joint agreement of the respective agency or institution, may authorize the purchase or lease of supplies and services which have been procured through a competitive process by a federal agency; a consortium of governmental, educational, medical, research, or similar entities; or a group purchasing organization of which the chief procurement officer or State agency is a member or affiliate, including, without limitation, any purchasing entity operating under the federal General Services Administration, the Higher Education Cooperation Act, and the Midwestern Higher Education Compact Act. Each applicable chief procurement officer may authorize purchases and contracts which have been procured through other methods of procurement if each chief procurement officer determines it is in the best interests of the State, considering a recommendation by their respective agencies or institutions. The chief procurement officer may establish detailed rules, policies, and procedures for use of these cooperative contracts. Notice of award shall be published by the chief procurement officer in the Illinois Procurement Bulletin at least prior to use of the contract. Each chief procurement officer shall submit to the General Assembly by November 1 of each year a report of procurements made under this subsection (a-10).
(b) Any not-for-profit agency that qualifies under Section 45-35 of the Illinois Procurement Code and that either (1) acts pursuant to a board
established by or controlled by a unit of local government or (2) receives
grant funds from the State or from a unit of local government, shall be
eligible to participate in contracts established by the State.
(c) For governmental units subject to the jurisdiction of a chief procurement officer established in Section 10-20 of the Illinois Procurement Code, if any contract or amendment to a contract is entered into or purchase or expenditure of funds is made at any time in violation of this Act or any other law, the contract or amendment may be declared void by the chief procurement officer or may be ratified and affirmed, if the chief procurement officer determines that ratification is in the best interests of the governmental unit. If the contract or amendment is ratified and affirmed, it shall be without prejudice to the governmental unit’s rights to any appropriate damages.
(d) This Section does not apply to construction-related professional services contracts awarded in accordance with the provisions of the Architectural, Engineering, and Land Surveying Qualifications Based Selection Act.
(Source: P.A. 100-43, eff. 8-9-17.)
(30 ILCS 525/3) (from Ch. 85, par. 1603)
Sec. 3. Conduct of competitive procurement. Under any agreement of governmental units that desire to make joint
purchases pursuant to subsection (a) of Section 2, one of the governmental units shall conduct the competitive procurement process.
Where the State of Illinois is a party to the joint purchase agreement, the
appropriate chief procurement officer shall conduct or authorize the competitive procurement process. Expenses of such competitive procurement process may be shared by the participating
governmental units in proportion to the amount of personal property,
supplies or services each unit purchases.
When the State of Illinois is a party to the joint
purchase agreement pursuant to subsection (a) of Section 2, the acceptance of responses to the competitive procurement process shall be in
accordance with the Illinois Procurement Code and
rules promulgated under that Code. When the State of
Illinois is not a party to the joint purchase agreement, the
acceptance of responses to the competitive procurement process shall be governed by the agreement.
When the State of Illinois is a party to a joint purchase agreement pursuant to subsection (a-5) of Section 2, the State may act as the lead state or as a participant state. When the State of Illinois is the lead state, all such joint purchases shall be conducted in accordance with the Illinois Procurement Code. When the State of Illinois is the lead state, a multiple award is allowed. When Illinois is a participant state, all such joint purchases shall be conducted in accordance with the procurement laws of the lead state; provided that all such joint procurements must be by competitive solicitation process. All resulting awards shall be published in the appropriate volume of the Illinois Procurement Bulletin as may be required by Illinois law governing award of Illinois State contracts. Contracts resulting from a joint purchase shall contain all provisions required by Illinois law and rule.
The supplies or services involved shall be distributed or rendered
directly to each governmental unit taking part in the purchase. The person
selling the personal property, supplies or services may bill each
governmental unit separately for its proportionate share of the cost of the
personal property, supplies or services purchased.
The credit or liability of each governmental unit shall remain separate
and distinct. Disputes between contractors and governmental units or qualified not-for-profit agencies shall be resolved
between the immediate parties.
(Source: P.A. 100-43, eff. 8-9-17.)
(30 ILCS 525/4) (from Ch. 85, par. 1604)
Sec. 4. Bids, offers, and small purchases. The purchases of all personal property, supplies and services under
this Act, except for small purchases, shall be based on competitive solicitations unless, for purchases made pursuant to subsection (a) of Section 2 of this Act, it is the determination of the applicable chief procurement officer that it is impractical to obtain competition. Purchases pursuant to this Section shall follow the same procedures used for competitive solicitations made pursuant to the Illinois Procurement Code when the State is a party to the joint purchase. For purchases made pursuant to subsection (a) of Section 2 of this Act where the applicable chief procurement officer makes the determination that it is impractical to obtain competition, purchases shall either follow the same procedure used for sole source procurements in Section 20-25 of the Illinois Procurement Code or the same procedure used for emergency purchases in Section 20-30 of the Illinois Procurement Code. For purchases pursuant to subsection (a) of Section 2, bids and offers shall be
solicited by public notice inserted at least once in a newspaper of general
circulation in one of the counties where the materials are to be used and
at least 5 calendar days before the final date of submitting bids or offers, except as otherwise provided in this Section. Where
the State of Illinois is a party to the joint purchase agreement, public
notice soliciting the bids or offers shall be published in the appropriate volume of the Illinois Procurement Bulletin. Such notice shall include a general description of the supplies or services to be purchased and shall state where specifications may be obtained and the time and place for the
opening of bids and offers. The governmental unit conducting the competitive procurement process may also
solicit sealed bids or offers by sending requests by mail to potential contractors
and by posting notices on a public bulletin board in its office. Small purchases pursuant to this Section shall follow the same procedure used for small purchases in Section 20-20 of the Illinois Procurement Code.
All purchases, orders or contracts shall be awarded to the lowest
responsible bidder or highest-ranked offeror, taking into consideration the qualities of the articles
or services supplied, their conformity with the specifications, their
suitability to the requirements of the participating governmental units and
the delivery terms.
Where the State of Illinois is not a party, all bids or offers may be rejected and
new bids or offers solicited if one or more of the participating governmental units
believes the public interest may be served thereby. Each bid or offer, with the name
of the bidder or offeror, shall be entered on a record, which record with the
successful bid or offer, indicated thereon shall, after the award of the purchase or
order or contract, be open to public inspection. A copy of all contracts
shall be filed with the purchasing office or clerk or secretary of each
participating governmental unit.
(Source: P.A. 100-43, eff. 8-9-17.)
(30 ILCS 525/4.05)
Sec. 4.05. Other methods of joint purchases.
(a) It may be determined that it is impractical to obtain competition because either (i) there is only one economically-feasible source for the item or (ii) there is a threat to public health or public safety, or when immediate expenditure is necessary to prevent or minimize serious disruption in critical State services that affect health, safety, or collection of substantial State revenues, or to ensure the integrity of State records.
(b) When the State of Illinois is a party to the joint purchase agreement, the applicable chief procurement officer shall make a determination whether (i) there is only one economically feasible source for the item or (ii) that there exists a threat to public health or public safety or that immediate expenditure is necessary to prevent or minimize serious disruption in critical State services.
(c) When there is only one economically feasible source for the item, the chief procurement officer may authorize a sole economically-feasible source contract. When there exists a threat to public health or public safety or when immediate expenditure is necessary to prevent or minimize serious disruption in critical State services, the chief procurement officer may authorize an emergency procurement without competitive sealed bidding or competitive sealed proposals or prior notice.
(d) All joint purchases made pursuant to this Section shall follow the same procedures for sole source contracts in the Illinois Procurement Code when the chief procurement officer determines there is only one economically-feasible source for the item. All joint purchases made pursuant to this Section shall follow the same procedures for emergency purchases in the Illinois Procurement Code when the chief procurement officer determines immediate expenditure is necessary to prevent or minimize serious disruption in critical State services that affect health, safety, or collection of substantial State revenues, or to ensure the integrity of State records.
(e) Each chief procurement officer shall submit to the General Assembly by November 1 of each year a report of procurements made under this Section.
(Source: P.A. 100-43, eff. 8-9-17.)
(30 ILCS 525/4.1) (from Ch. 85, par. 1604.1)
Sec. 4.1.
Purchases made pursuant to this Act shall be made in
compliance with the “Local Government Prompt Payment Act”, approved by the
Eighty-fourth General Assembly.
(Source: P.A. 84-731.)
(30 ILCS 525/4.2) (from Ch. 85, par. 1604.2)
Sec. 4.2.
Any governmental unit may, without violating any bidding
requirement otherwise applicable to it, procure supplies
and services under any contract let by the State pursuant to lawful
procurement procedures. Purchases made by the State of Illinois must be approved or authorized by the appropriate chief procurement officer.
(Source: P.A. 100-43, eff. 8-9-17.)
(30 ILCS 525/5) (from Ch. 85, par. 1605)
Sec. 5.
The provisions of this Act shall not apply to public utility
services.
(Source: Laws 1961, p. 3382.)
(30 ILCS 525/6) (from Ch. 85, par. 1606)
Sec. 6.
The powers and authority conferred by this Act shall be construed as in
addition and supplemental to powers or authority conferred by any other law
and nothing in this Act shall be construed as limiting any other powers or
authority of any public agency.
(Source: P.A. 76-641.)