30 ILCS 500/20-10
2021 Illinois Compiled Statutes|Chapter 30 - FINANCE|30 ILCS 500/ - Illinois Procurement Code.|Article 20 - Source Selection and Contract Formation

(Text of Section from P.A. 96-159, 96-588, 97-96, 97-895, 98-1076, 99-906, 100-43, 101-31, 101-657, and 102-29)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 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 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.(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 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 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. (Source: P.A. 100-43, eff. 8-9-17; 101-31, eff. 6-28-19; 101-657, eff. 1-1-22; 102-29, eff. 6-25-21.)(Text of Section from P.A. 96-159, 96-795, 97-96, 97-895, 98-1076, 99-906, 100-43, 101-31, 101-657, and 102-29)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 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 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.(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 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 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. (Source: P.A. 101-31, eff. 6-28-19; 101-657, eff. 1-1-22; 102-29, eff. 6-25-21.)