Full Text of HB0739 95th General Assembly
HB0739 95TH GENERAL ASSEMBLY
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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 | 5 |
| 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 | 10 |
| of any
toll highway or part thereof under the provisions of | 11 |
| this Act or all
direct contracts for supplies to be used in the | 12 |
| construction of any toll
highway or part thereof to be awarded | 13 |
| under this Section, rather than as
a part of a contract | 14 |
| pursuant to Section 16 of this Act, when the amount
of any such | 15 |
| supplies or services is in excess of the sum of $7,500 shall
be | 16 |
| let to the lowest responsible bidder or bidders, on open, | 17 |
| competitive
bidding after public advertisement made at least 5 | 18 |
| days prior to the
opening of bids, in a newspaper of general | 19 |
| circulation in any city of
over 500,000 population, or in any | 20 |
| county through which the tollway
passes, in such manner and on | 21 |
| one or more occasions as may be prescribed
by the Authority, | 22 |
| except that bidding shall not be required in the
following | 23 |
| 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 | 2 |
| economically
procurable from only one source, such as | 3 |
| contracts for telephone
service, electric energy and other | 4 |
| public utility services, housekeeping
services, books, | 5 |
| pamphlets and periodicals and specially designed
business | 6 |
| equipment and software.
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| 2. Where the services required are for professional, | 8 |
| technical or
artistic skills.
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| 3. Where the services required are for advertising, | 10 |
| promotional and
public relations services.
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| 4. In emergencies, provided that an affidavit of the | 12 |
| person or
persons authorizing the expenditure shall be | 13 |
| filed with the Authority
and the Auditor General within 10 | 14 |
| days after such authorization setting
forth the conditions | 15 |
| and circumstances requiring the emergency purchase,
the | 16 |
| amount expended and the name of the vendor or contractor | 17 |
| involved;
if only an estimate is available, however, within | 18 |
| the 10 days allowed
for filing the affidavit, the actual | 19 |
| 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 | 22 |
| thereof for
the maintenance and operation of any toll | 23 |
| highway, or any part thereof,
whenever, the Authority | 24 |
| shall, by resolution, declare and find that a
particular | 25 |
| 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 | 2 |
| and inventory control, or for
other reasons peculiar to the | 3 |
| problems of the toll highway or its
previously acquired | 4 |
| equipment; however, competition and competitive bids
shall | 5 |
| be obtained by the Authority with respect to such specified
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| equipment or spare parts, insofar as possible, and when | 7 |
| effective,
pursuant to public advertisement as | 8 |
| 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 | 11 |
| terminated or
defaulted contract or agreement.
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| (B) The solicitation for bids shall be in conformance with | 13 |
| accepted
business practices and the method of solicitation | 14 |
| shall be set out in
detail in the rules and regulations of the | 15 |
| Authority.
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| (C) Proposals received pursuant to public advertisement | 17 |
| shall be
publicly opened at the day and hour and at the place | 18 |
| specified in the
solicitation for such bids.
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| (D) Successful bidders for such services and supplies shall | 20 |
| enter
into contracts furnished and prescribed by the Authority.
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| (E) All purchases, contracts or other obligations or | 22 |
| expenditures of
funds by the Authority shall be in accordance | 23 |
| with rules and regulations
governing the Authority's | 24 |
| procurement practice and procedures and the
Authority shall | 25 |
| promulgate and publish such practices and procedures in
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| sufficient number for distribution to persons interested in |
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LRB095 10365 DRH 30580 b |
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| bidding on
purchases or contracts to be let by the Authority. | 2 |
| Such rules and
regulations shall be kept on file with the | 3 |
| Secretary of the Authority at
all times and shall be available | 4 |
| for inspection by members of the public
at all reasonable times | 5 |
| and hours.
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| Such rules and regulations shall be filed and become | 7 |
| effective in
connection with the Illinois Administrative | 8 |
| Procedure Act.
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| (F) Any contract entered into for purchase or expenditure | 10 |
| of funds
of the Authority made in violation of this Act or the | 11 |
| rules and
regulations in pursuance thereof is void and of no | 12 |
| effect.
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| (G) Warrant. All sellers to the Authority shall attach a | 14 |
| statement
to the delivery invoice attesting that the standards | 15 |
| set forth in the
contracts have been met. The statement shall | 16 |
| be substantially in the
following form:
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| "The Seller,.... hereby certifies that the goods, | 18 |
| merchandise and
wares shipped in accordance with the attached | 19 |
| delivery invoice have met
all the required standards set forth | 20 |
| in the purchasing contract.
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| ....(Seller)."
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| (H) Whoever violates the provisions of this Section, or the | 23 |
| rules
and regulations adopted in pursuance thereof, is guilty | 24 |
| of a Class A
misdemeanor.
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| (Source: P.A. 86-1164.)
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