HB5248 EngrossedLRB097 15522 NHT 60646 b

1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Public Community College Act is amended by
5changing Section 3-27.1 as follows:
 
6    (110 ILCS 805/3-27.1)  (from Ch. 122, par. 103-27.1)
7    Sec. 3-27.1. Contracts. To award all contracts for purchase
8of supplies, materials or work involving an expenditure in
9excess of $25,000 or a lower amount as required by board policy
10to the lowest responsible bidder considering conformity with
11specifications, terms of delivery, quality, and
12serviceability; after due advertisement, except the following:
13(a) contracts for the services of individuals possessing a high
14degree of professional skill where the ability or fitness of
15the individual plays an important part; (b) contracts for the
16printing of finance committee reports and departmental
17reports; (c) contracts for the printing or engraving of bonds,
18tax warrants and other evidences of indebtedness; (d) contracts
19for materials and work which have been awarded to the lowest
20responsible bidder after due advertisement, but due to
21unforeseen revisions, not the fault of the contractor for
22materials and work, must be revised causing expenditures not in
23excess of 10% of the contract price; (e) contracts for the

 

 

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1maintenance or servicing of, or provision of repair parts for,
2equipment which are made with the manufacturer or authorized
3service agent of that equipment where the provision of parts,
4maintenance, or servicing can best be performed by the
5manufacturer or authorized service agent; (f) purchases and
6contracts for the use, purchase, delivery, movement, or
7installation of data processing equipment, software, or
8services and telecommunications and inter-connect equipment,
9software, and services; (g) contracts for duplicating machines
10and supplies; (h) contracts for the purchase of natural gas
11when the cost is less than that offered by a public utility;
12(i) purchases of equipment previously owned by some entity
13other than the district itself; (j) contracts for repair,
14maintenance, remodeling, renovation, or construction, or a
15single project involving an expenditure not to exceed $50,000
16and not involving a change or increase in the size, type, or
17extent of an existing facility; (k) contracts for goods or
18services procured from another governmental agency; (l)
19contracts for goods or services which are economically
20procurable from only one source, such as for the purchase of
21magazines, books, periodicals, pamphlets and reports, and for
22utility services such as water, light, heat, telephone or
23telegraph; and (m) where funds are expended in an emergency and
24such emergency expenditure is approved by 3/4 of the members of
25the board.
26    All competitive bids for contracts involving an

 

 

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1expenditure in excess of $25,000 or a lower amount as required
2by board policy must be sealed by the bidder and must be opened
3by a member or employee of the board at a public bid opening at
4which the contents of the bids must be announced. Each bidder
5must receive at least 3 days' notice of the time and place of
6such bid opening. For purposes of this Section due
7advertisement includes, but is not limited to, at least one
8public notice at least 10 days before the bid date in a
9newspaper published in the district, or if no newspaper is
10published in the district, in a newspaper of general
11circulation in the area of the district. Electronic bid
12submissions shall be considered a sealed document for
13competitive bid requests if they are received at the designated
14office by the time and date set for receipt for bids. However,
15bids for construction purposes are prohibited from being
16submitted electronically. Electronic bid submissions must be
17authorized by specific language in the bid documents in order
18to be considered and must be opened in accordance with
19electronic security measures in effect at the community college
20at the time of opening. Unless the electronic submission
21procedures provide for a secure receipt, the vendor assumes the
22risk of premature disclosure due to submission in an unsealed
23form.
24    The provisions of this Section do not apply to guaranteed
25energy savings contracts entered into under Article V-A. The
26provisions of this Section do not prevent a community college

 

 

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1from complying with the terms and conditions of a grant, gift,
2or bequest that calls for the procurement of a particular good
3or service, provided that the grant, gift, or bequest provides
4all funding for the contract, complies with all applicable
5laws, and does not interfere with or otherwise impair any
6collective bargaining agreements the community college may
7have with labor organizations.
8(Source: P.A. 95-990, eff. 10-3-08; 96-380, eff. 8-13-09.)
 
9    Section 99. Effective date. This Act takes effect upon
10becoming law.