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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB0739
Introduced 2/7/2007, by Rep. Kevin A. McCarthy SYNOPSIS AS INTRODUCED: |
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605 ILCS 10/16.1 |
from Ch. 121, par. 100-16.1 |
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Amends the Illinois Highway Code. Makes a technical change in a provision regarding procurement.
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A BILL FOR
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HB0739 |
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LRB095 10365 DRH 30580 b |
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| AN ACT concerning transportation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Toll Highway Act is amended by changing |
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| Section 16.1 as follows:
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| (605 ILCS 10/16.1) (from Ch. 121, par. 100-16.1)
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| Sec. 16.1. Procurement.
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| (A) All contracts for services or supplies required from
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| time to time by the Authority in the maintenance and operation |
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| of any
toll highway or part thereof under the provisions of |
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| this Act or all
direct contracts for supplies to be used in the |
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| construction of any toll
highway or part thereof to be awarded |
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| under this Section, rather than as
a part of a contract |
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| pursuant to Section 16 of this Act, when the amount
of any such |
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| supplies or services is in excess of the sum of $7,500 shall
be |
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| let to the lowest responsible bidder or bidders, on open, |
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| competitive
bidding after public advertisement made at least 5 |
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| days prior to the
opening of bids, in a newspaper of general |
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| circulation in any city of
over 500,000 population, or in any |
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| county through which the tollway
passes, in such manner and on |
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| one or more occasions as may be prescribed
by the Authority, |
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| except that bidding shall not be required in the
following |
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| cases:
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HB0739 |
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LRB095 10365 DRH 30580 b |
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| 1. Where the goods or services to be procured are |
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| economically
procurable from only one source, such as |
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| contracts for telephone
service, electric energy and other |
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| public utility services, housekeeping
services, books, |
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| pamphlets and periodicals and specially designed
business |
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| equipment and software.
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| 2. Where the services required are for professional, |
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| technical or
artistic skills.
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| 3. Where the services required are for advertising, |
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| promotional and
public relations services.
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| 4. In emergencies, provided that an affidavit of the |
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| person or
persons authorizing the expenditure shall be |
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| filed with the Authority
and the Auditor General within 10 |
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| days after such authorization setting
forth the conditions |
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| and circumstances requiring the emergency purchase,
the |
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| amount expended and the name of the vendor or contractor |
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| involved;
if only an estimate is available, however, within |
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| the 10 days allowed
for filing the affidavit, the actual |
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| cost shall be reported immediately
after it is determined.
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| 5. In case of expenditures for personal services.
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| 6. Contracts for equipment and spare parts in support |
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| thereof for
the maintenance and operation of any toll |
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| highway, or any part thereof,
whenever, the Authority |
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| shall, by resolution, declare and find that a
particular |
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| make and type of equipment is required for efficient
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| maintenance and operation and proper servicing, for |
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HB0739 |
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LRB095 10365 DRH 30580 b |
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| uniformity in and
integration with the spare parts program |
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| and inventory control, or for
other reasons peculiar to the |
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| problems of the toll highway or its
previously acquired |
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| equipment; however, competition and competitive bids
shall |
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| be obtained by the Authority with respect to such specified
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| equipment or spare parts, insofar as possible, and when |
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| effective,
pursuant to public advertisement as |
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| hereinbefore provided.
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| 7. Contracts for insurance, fidelity and surety bonds.
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| 8. Contracts or agreements for the completion of a |
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| terminated or
defaulted contract or agreement.
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| (B) The solicitation for bids shall be in conformance with |
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| accepted
business practices and the method of solicitation |
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| shall be set out in
detail in the rules and regulations of the |
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| Authority.
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| (C) Proposals received pursuant to public advertisement |
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| shall be
publicly opened at the day and hour and at the place |
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| specified in the
solicitation for such bids.
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| (D) Successful bidders for such services and supplies shall |
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| enter
into contracts furnished and prescribed by the Authority.
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| (E) All purchases, contracts or other obligations or |
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| expenditures of
funds by the Authority shall be in accordance |
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| with rules and regulations
governing the Authority's |
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| procurement practice and procedures and the
Authority shall |
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| promulgate and publish such practices and procedures in
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| sufficient number for distribution to persons interested in |
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HB0739 |
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LRB095 10365 DRH 30580 b |
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| bidding on
purchases or contracts to be let by the Authority. |
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| Such rules and
regulations shall be kept on file with the |
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| Secretary of the Authority at
all times and shall be available |
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| for inspection by members of the public
at all reasonable times |
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| and hours.
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| Such rules and regulations shall be filed and become |
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| effective in
connection with the Illinois Administrative |
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| Procedure Act.
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| (F) Any contract entered into for purchase or expenditure |
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| of funds
of the Authority made in violation of this Act or the |
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| rules and
regulations in pursuance thereof is void and of no |
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| effect.
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| (G) Warrant. All sellers to the Authority shall attach a |
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| statement
to the delivery invoice attesting that the standards |
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| set forth in the
contracts have been met. The statement shall |
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| be substantially in the
following form:
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| "The Seller,.... hereby certifies that the goods, |
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| merchandise and
wares shipped in accordance with the attached |
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| delivery invoice have met
all the required standards set forth |
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| in the purchasing contract.
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| ....(Seller)."
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| (H) Whoever violates the provisions of this Section, or the |
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| rules
and regulations adopted in pursuance thereof, is guilty |
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| of a Class A
misdemeanor.
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| (Source: P.A. 86-1164.)
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