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

Sec. 20-30. Emergency purchases.(a) Conditions for use.  In accordance with standards set by  rule, a purchasing  agency may make emergency procurements without competitive sealed  bidding or prior notice  when there exists a threat to public health or public safety, or  when immediate expenditure is  necessary for repairs to State property in order to protect  against further loss of or damage to  State property, 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; provided, however, that the term of the emergency purchase shall be limited to the time reasonably needed for a competitive procurement, not to exceed 90 calendar days. A contract may be extended beyond 90 calendar days if the chief procurement officer determines additional time is necessary and that the contract scope and duration are limited to the emergency. Prior to execution of the extension, the  chief procurement officer must hold a public hearing and  provide written justification for all emergency contracts.  Members of the public may present testimony.  Emergency procurements shall be made  with as much competition  as is practicable under the circumstances, and agencies shall utilize best efforts to include contractors certified under the Business Enterprise Program in its emergency procurement process.   A written  description of the basis for the emergency and reasons for the  selection of the particular  contractor shall be included in the contract file.(b) Notice. Notice of all emergency procurements shall be provided to the Procurement Policy Board and the Commission on Equity and Inclusion and published in the online electronic Bulletin no later than 5 calendar days after the contract is awarded. Notice of intent to extend an emergency contract shall be provided to the Procurement Policy Board and the Commission on Equity and Inclusion and published in the online electronic Bulletin at least 14 calendar days before the public hearing. Notice shall include at least a description of the need for the emergency purchase, the contractor, and if applicable, the date, time, and location of the public hearing. A copy of this notice and all documents provided at the hearing shall be included in the subsequent Procurement Bulletin.  Before the next appropriate volume of the Illinois Procurement  Bulletin, the purchasing agency shall publish in the  Illinois Procurement Bulletin a copy of each written description  and reasons and the total cost  of each emergency procurement made during the previous month.  When only an estimate of the  total cost is known at the time of publication, the estimate shall  be identified as an estimate and  published.  When the actual total cost is determined, it shall  also be published in like manner  before the 10th day of the next succeeding month.(c) Statements.  A chief procurement officer making a procurement  under this Section shall file statements   with the Procurement Policy Board, the Commission on Equity and Inclusion, and the Auditor  General within  10 calendar days  after the procurement setting  forth the  amount expended, the name of the contractor involved,  and the conditions and  circumstances requiring the emergency procurement.  When only an  estimate of the cost is  available within 10 calendar days after the procurement,  the actual cost  shall be reported immediately  after it is determined.  At the end of each fiscal quarter, the  Auditor General shall file with the  Legislative Audit Commission and the Governor a complete listing  of all emergency  procurements reported during that fiscal quarter.  The Legislative  Audit Commission shall  review the emergency  procurements so reported and, in its annual  reports, advise the General  Assembly of procurements that appear to constitute an abuse of  this Section.(d) Quick purchases.  The chief procurement officer may promulgate rules  extending the circumstances by which a purchasing agency may make purchases  under this Section, including but not limited to the procurement of items  available at a discount for a limited period of time.(d-5)    The chief procurement officer shall adopt rules regarding the use of contractors certified in the Business Enterprise Program in emergency and quick purchase procurements.(e) The changes to this Section made by this amendatory Act of the 96th General Assembly apply to procurements executed on or after its effective date.  (Source: P.A. 101-657, eff. 1-1-22; 102-29, eff. 6-25-21.)