SB2879 EnrolledLRB103 36829 AWJ 66940 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Fire Protection District Act is amended by
5changing Section 11k as follows:
 
6    (70 ILCS 705/11k)
7    Sec. 11k. Competitive bidding; notice requirements.
8    (a) The board of trustees shall have the power to acquire
9by gift, legacy, or purchase any personal property necessary
10for its corporate purposes provided that all contracts for
11supplies, materials, or work involving an expenditure in
12excess of $20,000 shall be let to the lowest responsible
13bidder after advertising as required under subsection (b) of
14this Section; except that, if the board of trustees seeks to
15purchase equipment directly from a dealer or an original
16manufacturer in excess of $50,000, then the contract for
17purchase shall be let to the lowest responsible bidder after
18advertising as required under subsection (b) of this Section.
19The board is not required to accept a bid that does not meet
20the district's established specifications, terms of delivery,
21quality, and serviceability requirements. Contracts which, by
22their nature, are not adapted to award by competitive bidding,
23are not subject to competitive bidding, including, but not

 

 

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1limited to:
2        (1) contracts for the services of individuals
3    possessing a high degree of professional skill where the
4    ability or fitness of the individual plays an important
5    part;
6        (2) contracts for the printing of finance committee
7    reports and departmental reports;
8        (3) contracts for the printing or engraving of bonds,
9    tax warrants, and other evidences of indebtedness;
10        (4) contracts for the maintenance or servicing of, or
11    provision of repair parts for, equipment which are made
12    with the manufacturer or authorized service agent of that
13    equipment where the provision of parts, maintenance, or
14    servicing can best be performed by the manufacturer or
15    authorized service agent, or which involve proprietary
16    parts or technology not otherwise available;
17        (5) purchases and contracts for the use, purchase,
18    delivery, movement, or installation of data processing
19    equipment, software, or services and telecommunications
20    and interconnect equipment, software, and services;
21        (6) contracts for duplicating machines and supplies;
22        (7) contracts for utility services such as water,
23    light, heat, telephone or telegraph;
24        (8) contracts for goods or services procured from
25    another governmental agency;
26        (9) purchases of equipment previously owned by some

 

 

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1    entity other than the district itself; and
2        (10) contracts for goods or services which are
3    economically procurable from only one source, such as for
4    the purchase of magazines, books, periodicals, pamphlets,
5    reports, and online subscriptions.
6    Contracts for emergency expenditures are also exempt from
7competitive bidding when the emergency expenditure is approved
8by a vote of 3/4 of the members of the board.
9    (b) Except as otherwise provided in subsection (a) of this
10Section, all proposals to award contracts involving amounts in
11excess of $20,000 shall be published at least 10 days,
12excluding Sundays and legal holidays, in advance of the date
13announced for the receiving of bids, in a secular English
14language newspaper of general circulation throughout the
15district. In addition, a fire protection district that has a
16website that the full-time staff of the district maintains
17shall post notice on its website of all proposals to award
18contracts in excess of $20,000. Advertisements for bids shall
19describe the character of the proposed contract or agreement
20in sufficient detail to enable the bidders thereon to know
21what their obligations will be, either in the advertisement
22itself, or by reference to detailed plans and specifications
23on file at the time of the publication of the first
24announcement. Such advertisement shall also state the date,
25time and place assigned for the opening of bids, and no bids
26shall be received at any time subsequent to the time indicated

 

 

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1in the announcement. All competitive bids for contracts
2involving an expenditure in excess of $20,000 must be sealed
3by the bidder and must be opened by a member of the board or an
4employee of the district at a public bid opening at which the
5contents of the bids must be announced. Each bidder must
6receive at least 3 days' notice of the time and place of the
7bid opening.
8    (c) In addition to contracts entered into under the
9Governmental Joint Purchasing Act, a board of trustees may
10enter into contracts for supplies, materials, or work
11involving an expenditure in excess of $20,000 through
12participation in a joint governmental or nongovernmental
13purchasing program that requires as part of its selection
14procedure a competitive solicitation and procurement process.
15    (d) Subject to the exceptions under subsections (a) and
16(c), any procurement by a board of trustees involving the
17acquisition, by direct or beneficial ownership, of
18improvements to real estate by a fire protection district
19which results in an expenditure of district funds in excess of
20$20,000 must be competitively bid in accordance with the
21procedures of subsection (b).
22(Source: P.A. 101-41, eff. 7-12-19; 101-139, eff. 7-26-19;
23102-138, eff. 1-1-22; 102-558, eff 8-20-21.)