| ||||
| Public Act 103-0634 | ||||
| ||||
AN ACT concerning local government. | ||||
Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly: | ||||
Section 5. The Fire Protection District Act is amended by | ||||
changing Section 11k as follows: | ||||
(70 ILCS 705/11k) | ||||
Sec. 11k. Competitive bidding; notice requirements. | ||||
(a) The board of trustees shall have the power to acquire | ||||
by gift, legacy, or purchase any personal property necessary | ||||
for its corporate purposes provided that all contracts for | ||||
supplies, materials, or work involving an expenditure in | ||||
excess of $20,000 shall be let to the lowest responsible | ||||
bidder after advertising as required under subsection (b) of | ||||
this Section; except that, if the board of trustees seeks to | ||||
purchase equipment directly from a dealer or an original | ||||
manufacturer in excess of $50,000, then the contract for | ||||
purchase shall be let to the lowest responsible bidder after | ||||
advertising as required under subsection (b) of this Section. | ||||
The board is not required to accept a bid that does not meet | ||||
the district's established specifications, terms of delivery, | ||||
quality, and serviceability requirements. Contracts which, by | ||||
their nature, are not adapted to award by competitive bidding, | ||||
are not subject to competitive bidding, including, but not | ||||
limited to: | ||
(1) contracts for the services of individuals | ||
possessing a high degree of professional skill where the | ||
ability or fitness of the individual plays an important | ||
part; | ||
(2) contracts for the printing of finance committee | ||
reports and departmental reports; | ||
(3) contracts for the printing or engraving of bonds, | ||
tax warrants, and other evidences of indebtedness; | ||
(4) contracts for the maintenance or servicing of, or | ||
provision of repair parts for, equipment which are made | ||
with the manufacturer or authorized service agent of that | ||
equipment where the provision of parts, maintenance, or | ||
servicing can best be performed by the manufacturer or | ||
authorized service agent, or which involve proprietary | ||
parts or technology not otherwise available; | ||
(5) purchases and contracts for the use, purchase, | ||
delivery, movement, or installation of data processing | ||
equipment, software, or services and telecommunications | ||
and interconnect equipment, software, and services; | ||
(6) contracts for duplicating machines and supplies; | ||
(7) contracts for utility services such as water, | ||
light, heat, telephone or telegraph; | ||
(8) contracts for goods or services procured from | ||
another governmental agency; | ||
(9) purchases of equipment previously owned by some | ||
entity other than the district itself; and | ||
(10) contracts for goods or services which are | ||
economically procurable from only one source, such as for | ||
the purchase of magazines, books, periodicals, pamphlets, | ||
reports, and online subscriptions. | ||
Contracts for emergency expenditures are also exempt from | ||
competitive bidding when the emergency expenditure is approved | ||
by a vote of 3/4 of the members of the board. | ||
(b) Except as otherwise provided in subsection (a) of this | ||
Section, all proposals to award contracts involving amounts in | ||
excess of $20,000 shall be published at least 10 days, | ||
excluding Sundays and legal holidays, in advance of the date | ||
announced for the receiving of bids, in a secular English | ||
language newspaper of general circulation throughout the | ||
district. In addition, a fire protection district that has a | ||
website that the full-time staff of the district maintains | ||
shall post notice on its website of all proposals to award | ||
contracts in excess of $20,000. Advertisements for bids shall | ||
describe the character of the proposed contract or agreement | ||
in sufficient detail to enable the bidders thereon to know | ||
what their obligations will be, either in the advertisement | ||
itself, or by reference to detailed plans and specifications | ||
on file at the time of the publication of the first | ||
announcement. Such advertisement shall also state the date, | ||
time and place assigned for the opening of bids, and no bids | ||
shall be received at any time subsequent to the time indicated | ||
in the announcement. All competitive bids for contracts | ||
involving an expenditure in excess of $20,000 must be sealed | ||
by the bidder and must be opened by a member of the board or an | ||
employee of the district at a public bid opening at which the | ||
contents of the bids must be announced. Each bidder must | ||
receive at least 3 days' notice of the time and place of the | ||
bid opening. | ||
(c) In addition to contracts entered into under the | ||
Governmental Joint Purchasing Act, a board of trustees may | ||
enter into contracts for supplies, materials, or work | ||
involving an expenditure in excess of $20,000 through | ||
participation in a joint governmental or nongovernmental | ||
purchasing program that requires as part of its selection | ||
procedure a competitive solicitation and procurement process. | ||
(d) Subject to the exceptions under subsections (a) and | ||
(c), any procurement by a board of trustees involving the | ||
acquisition, by direct or beneficial ownership, of | ||
improvements to real estate by a fire protection district | ||
which results in an expenditure of district funds in excess of | ||
$20,000 must be competitively bid in accordance with the | ||
procedures of subsection (b). | ||
(Source: P.A. 101-41, eff. 7-12-19; 101-139, eff. 7-26-19; | ||
102-138, eff. 1-1-22; 102-558, eff 8-20-21.) | ||