HB3065 103RD GENERAL ASSEMBLY

LRB103 26318 AWJ 52679 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB3065

Introduced 2/17/2023___________, by

SYNOPSIS AS INTRODUCED:

70 ILCS 2605/11.11	from Ch. 42, par. 331.11
70 ILCS 2605/11.12	from Ch. 42, par. 331.12

Amends the Metropolitan Water Reclamation District Act. Provides that the director of procurement and materials management or board of commissioners (rather than only the director) may determine the responsibility of a bidder or reject a bid. Provides additional factors that may be used in determining the responsibility of a bidder. Provides that all bidders must adhere to the project labor agreement, when applicable, including all contractors regardless of whether the bidder will self-perform or not.

A BILL FOR

AN ACT concerning local government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Metropolitan Water Reclamation District Act is amended by changing Sections 11.11 and 11.12 as follows:

(70 ILCS 2605/11.11) (from Ch. 42, par. 331.11)

Sec. 11.11. In determining the responsibility of any bidder, the director of procurement and materials management or board of commissioners may take into account any of the following:

(1) Financial , in addition to financial responsibility, past records of transactions with the bidder, experience, adequacy of equipment, ability to complete performance within a specific time and other pertinent factors, including but not limited to whether the equipment or material is manufactured in North America.

(2) Previous performance of all public works projects completed in the past 5 years by the contractor, including, but not limited to, the name of the public body and the project, the original contract price, the final contract price, the names of all subcontractors used, if any, and a statement as to compliance with completion deadlines.

(3) A determination by a court or governmental unit or agency for violations of federal, state, or local laws, including, but not limited to, serious, willful, or repeated violations of the Occupational Safety and Health Act, violations of contracting or antitrust laws, tax or licensing laws, environmental laws, or the federal Davis-Bacon Act and related Acts.

(Source: P.A. 95-923, eff. 1-1-09.)

(70 ILCS 2605/11.12) (from Ch. 42, par. 331.12)

Sec. 11.12. Any and all bids received in response to an advertisement may be rejected by the director of procurement and materials management or board of commissioners if the bidders are not deemed responsible, or the character or quality of the services, supplies, materials, equipment or labor do not conform to requirements, or if the public interest may be better served thereby. All bidders must adhere to the project labor agreement, when applicable, including all contractors regardless of whether the bidder will self-perform or not.

(Source: P.A. 95-923, eff. 1-1-09.)