Full Text of SB2362 101st General Assembly
SB2362sam001 101ST GENERAL ASSEMBLY | Sen. Scott M. Bennett Filed: 3/9/2020
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| 1 | | AMENDMENT TO SENATE BILL 2362
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2362 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The School Code is amended by changing Section | 5 | | 10-20.21 as follows:
| 6 | | (105 ILCS 5/10-20.21)
| 7 | | Sec. 10-20.21. Contracts.
| 8 | | (a)
To award all contracts for
purchase of supplies and | 9 | | materials or work involving an expenditure in excess of $25,000 | 10 | | or a lower amount as required by board policy
to the lowest | 11 | | responsible bidder, considering conformity with
| 12 | | specifications, terms of delivery, quality and serviceability, | 13 | | after due
advertisement, except as otherwise provided under | 14 | | subsection (a-5) or except the following: (i) contracts for the | 15 | | services of
individuals possessing a high degree of | 16 | | professional skill where the
ability or fitness of the |
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| 1 | | individual plays an important part; (ii)
contracts for the | 2 | | printing of finance committee reports and departmental
| 3 | | reports; (iii) contracts for the printing or engraving of | 4 | | bonds, tax
warrants and other evidences of indebtedness; (iv) | 5 | | contracts for the
purchase of perishable foods and perishable | 6 | | beverages; (v) contracts for
materials and work which have been | 7 | | awarded to the lowest responsible bidder
after due | 8 | | advertisement, but due to unforeseen revisions, not the fault | 9 | | of
the contractor for materials and work, must be revised | 10 | | causing expenditures
not in excess of 10% of the contract | 11 | | price; (vi)
contracts for the maintenance or servicing of, or | 12 | | provision of
repair parts for, equipment which are made with | 13 | | the manufacturer or
authorized service agent of that equipment | 14 | | where the provision of parts,
maintenance, or servicing can | 15 | | best be performed by the manufacturer or
authorized service | 16 | | agent; (vii) purchases and contracts for the use,
purchase, | 17 | | delivery, movement, or installation of data processing | 18 | | equipment,
software, or services and telecommunications and | 19 | | interconnect
equipment, software, and services; (viii) | 20 | | contracts for duplicating
machines and supplies; (ix) | 21 | | contracts for the purchase of fuel, including diesel, gasoline, | 22 | | oil, aviation, natural gas, or propane, lubricants, or other | 23 | | petroleum products; (x) purchases of
equipment previously | 24 | | owned by some entity other than the district
itself; (xi) | 25 | | contracts for repair, maintenance, remodeling, renovation, or
| 26 | | construction, or a single project involving an expenditure not |
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| 1 | | to exceed
$50,000 and not involving a change or increase in the | 2 | | size, type, or extent
of an existing facility; (xii) contracts | 3 | | for goods or services procured
from another governmental | 4 | | agency; (xiii) contracts for goods or services
which are | 5 | | economically procurable from only one source, such as for the
| 6 | | purchase of magazines, books, periodicals, pamphlets and | 7 | | reports, and for
utility services such as water, light, heat, | 8 | | telephone or telegraph;
(xiv) where funds are expended in an | 9 | | emergency and such emergency
expenditure is approved by 3/4 of | 10 | | the members of the board; (xv) State master contracts | 11 | | authorized under Article 28A of this Code; and (xvi) contracts | 12 | | providing for the transportation of pupils, which contracts | 13 | | must be advertised in the same manner as competitive bids and | 14 | | awarded by first considering the bidder or bidders most able to | 15 | | provide safety and comfort for the pupils, stability of | 16 | | service, and any other factors set forth in the request for | 17 | | proposal regarding quality of service, and then price. However, | 18 | | at no time shall a cause of action lie against a school board | 19 | | for awarding a pupil transportation contract per the standards | 20 | | set forth in this subsection (a) unless the cause of action is | 21 | | based on fraudulent conduct. | 22 | | All competitive
bids for contracts involving an | 23 | | expenditure in excess of $25,000 or a lower amount as required | 24 | | by board policy must be
sealed by the bidder and must be opened | 25 | | by a member or employee of the
school board at a public bid | 26 | | opening at which the contents of the bids
must be announced. |
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| 1 | | Each bidder must receive at least 3 days' notice of the
time | 2 | | and place of the bid opening. For purposes of this Section due
| 3 | | advertisement includes, but is not limited to, at least one | 4 | | public notice
at least 10 days before the bid date in a | 5 | | newspaper published in the
district, or if no newspaper is | 6 | | published in the district, in a newspaper
of general | 7 | | circulation in the area of the district. State master contracts | 8 | | and certified education purchasing contracts, as defined in | 9 | | Article 28A of this Code, are not subject to the requirements | 10 | | of this paragraph.
| 11 | | Under this Section, the acceptance of bids sealed by a | 12 | | bidder and the opening of these bids at a public bid opening | 13 | | may be permitted by an electronic process for communicating, | 14 | | accepting, and opening competitive bids. However, bids for | 15 | | construction purposes are prohibited from being communicated, | 16 | | accepted, or opened electronically. An electronic bidding | 17 | | process must provide for, but is not limited to, the following | 18 | | safeguards: | 19 | | (1) On the date and time certain of a bid opening, the | 20 | | primary person conducting the competitive, sealed, | 21 | | electronic bid process shall log onto a specified database | 22 | | using a unique username and password previously assigned to | 23 | | the bidder to allow access to the bidder's specific bid | 24 | | project number. | 25 | | (2) The specified electronic database must be on a | 26 | | network that (i) is in a secure environment behind a |
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| 1 | | firewall; (ii) has specific encryption tools; (iii) | 2 | | maintains specific intrusion detection systems; (iv) has | 3 | | redundant systems architecture with data storage back-up, | 4 | | whether by compact disc or tape; and (v) maintains a | 5 | | disaster recovery plan.
| 6 | | It is the legislative intent of Public Act 96-841 to maintain | 7 | | the integrity of the sealed bidding process provided for in | 8 | | this Section, to further limit any possibility of bid-rigging, | 9 | | to reduce administrative costs to school districts, and to | 10 | | effect efficiencies in communications with bidders. | 11 | | (a-5) Notwithstanding subsection (a), a school board may | 12 | | award a contract under this Section to a bidder who is not the | 13 | | lowest responsible bidder if the school board has considered | 14 | | factors of social responsibility in the school board's decision | 15 | | to award the contract to the bidder. Factors of social | 16 | | responsibility include, but are not limited to, businesses | 17 | | owned by women, minorities, persons with disabilities, or | 18 | | veterans and bidders who have programs or relationships that | 19 | | benefit such businesses. | 20 | | (b) To require, as a condition of any contract for goods | 21 | | and services,
that persons
bidding for and awarded a contract | 22 | | and all affiliates of the person collect and
remit
Illinois Use | 23 | | Tax on all sales of tangible personal property into the State | 24 | | of
Illinois in
accordance with the provisions of the Illinois | 25 | | Use Tax Act regardless of whether
the
person or affiliate is a | 26 | | "retailer maintaining a place of business within this
State" as
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| 1 | | defined in Section 2 of the Use Tax Act. For purposes of this | 2 | | Section, the term
"affiliate"
means any entity that (1) | 3 | | directly, indirectly, or constructively controls
another | 4 | | entity, (2)
is directly, indirectly, or constructively | 5 | | controlled by another entity, or (3)
is subject to
the control | 6 | | of a common entity. For purposes of this subsection (b), an | 7 | | entity
controls
another entity if it owns, directly or | 8 | | individually, more than 10% of the
voting
securities
of that | 9 | | entity. As used in this subsection (b), the term "voting | 10 | | security"
means a security
that (1) confers upon the holder the | 11 | | right to vote for the election of members
of the board
of | 12 | | directors or similar governing body of the business or (2) is | 13 | | convertible
into, or entitles
the holder to receive upon its | 14 | | exercise, a security that confers such a right
to
vote. A
| 15 | | general partnership interest is a voting security.
| 16 | | To require that bids and contracts include a certification | 17 | | by the bidder
or
contractor that the bidder or contractor is | 18 | | not barred from bidding for or
entering into a
contract under | 19 | | this Section and that the bidder or contractor acknowledges | 20 | | that
the school
board may declare the contract void if the | 21 | | certification completed pursuant to
this
subsection (b) is | 22 | | false.
| 23 | | (b-5) To require all contracts and agreements that pertain | 24 | | to goods and services and that are intended to generate | 25 | | additional revenue and other remunerations for the school | 26 | | district in excess of $1,000, including without limitation |
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| 1 | | vending machine contracts, sports and other attire, class | 2 | | rings, and photographic services, to be approved by the school | 3 | | board. The school board shall file as an attachment to its | 4 | | annual budget a report, in a form as determined by the State | 5 | | Board of Education, indicating for the prior year the name of | 6 | | the vendor, the product or service provided, and the actual net | 7 | | revenue and non-monetary remuneration from each of the | 8 | | contracts or agreements. In addition, the report shall indicate | 9 | | for what purpose the revenue was used and how and to whom the | 10 | | non-monetary remuneration was distributed.
| 11 | | (b-10) To prohibit any contract to purchase food with a | 12 | | bidder or offeror if the bidder's or offeror's contract terms | 13 | | prohibit the school from donating food to food banks, | 14 | | including, but not limited to, homeless shelters, food | 15 | | pantries, and soup kitchens. | 16 | | (c) If the State education purchasing entity creates a | 17 | | master contract as defined in Article 28A of this Code, then | 18 | | the State education purchasing entity shall notify school | 19 | | districts of the existence of the master contract. | 20 | | (d) In purchasing supplies, materials, equipment, or | 21 | | services that are not subject to subsection (c) of this | 22 | | Section, before a school district solicits bids or awards a | 23 | | contract, the district may review and consider as a bid under | 24 | | subsection (a) of this Section certified education purchasing | 25 | | contracts that are already available through the State | 26 | | education purchasing entity. |
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| 1 | | (Source: P.A. 101-570, eff. 8-23-19.)
| 2 | | Section 99. Effective date. This Act takes effect upon | 3 | | becoming law.".
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