CPO Notice 2020.05 Disaster Proclamation Procurements.pdf

401 South Spring Street I 712 William Stratton Building I Springfield, IL 62706 P: (217) 558-2231 I F: (217) 558-1399

Notice 2020.05

General Services

To: Agency Procurement Staff

Central Management Services Bureau of Strategic Sourcing

State Purchasing Officers

From:

Date:

Subject:

CC:

Ellen H. Daley

March 12, 2020

Exempt Procurements Under Disaster Proclamation

Procurement Compliance Monitors

Procurement Policy Board

This notice is in effect from today through April 7, 2020, the term of the proclamation.

On March 9, 2020, due to the spread of the Coronavirus Disease 2019 (COVID-19), Governor Pritzker proclaimed that a disaster exists in the State of Illinois. The proclamation is in effect for 30 days.

Section 5 of the Gubernatorial Disaster Proclamation states:

To aid with emergency purchases necessary for response and other emergency powers as authorized by the Illinois Emergency Management Agency Act, the provisions of the

Illinois Procurement Code that would in any way prevent, hinder or delay necessary action in coping with the disaster are suspended to the extent they are not required by federal law. If necessary, and in accordance with Section 7(1) of the Illinois Emergency

Agency Act, 20 ILCS 3305/7(1), the Governor may take appropriate executive action to suspend additional statutes, orders, rules, and regulations.

The Illinois Emergency Management Agency (IEMA) must take necessary action to cope with the disaster and will purchase necessary items in response to the disaster. These purchases are exempt from the Illinois Procurement Code (30 ILCS 500/) and the Governmental Joint Purchasing Act (30 ILCS

517/) as enforcement of any provision of the Procurement Code and Joint Purchasing Act would delay

IEMA’s actions.

401 South Spring Street I 712 William Stratton Building I Springfield, IL 62706 P: (217) 558-2231 I F: (217) 558-1399

If strict compliance with the Procurement Code or Joint Purchasing Act by any other agency would prevent, hinder, or delay IEMA’s necessary action in coping with the disaster, then the affected agency may determine which purchases are exempt from the Procurement Code or Joint Purchasing Act. An agency’s determination that their purchases are necessary for IEMA to respond to the disaster and therefore are exempt from the Procurement Code or Joint Purchasing Act, may be made without the

State Purchasing Officer’s (SPO) involvement. If the SPO’s opinion is sought and provided, then the

SPO’s determination is binding.

Agencies purchasing exempt items pursuant to the Gubernatorial Disaster Proclamation may use either or both Requisition or Purchase Order documents in BidBuy to manage and store information. If an agency chooses to use BidBuy, then the agency shall enter the following sentence into the Notes tab of the document being created:

“This purchase is being made pursuant to the Disaster Proclamation.”

This CPO Notice is effective immediately.

If there are any questions regarding this notice, please ask your State Purchasing Officer or contact the

Chief Procurement Office at (217) 558-2231.

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