Full Text of SB2003 94th General Assembly
SB2003 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 SB2003
Introduced 2/25/2005, by Sen. Peter J. Roskam SYNOPSIS AS INTRODUCED: |
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30 ILCS 500/1-15.30 |
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605 ILCS 10/16.1 |
from Ch. 121, par. 100-16.1 |
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Amends the Illinois Procurement Code. Adds contracts and subcontracts for toll highway oasis leases and sub-leases to the definition of "contract". Amends the Toll Highway Act. Requires competitive bidding of contracts and subcontracts for leases and sub-leases of toll highway oases if in excess of $7,500. Makes other changes. Effective immediately.
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A BILL FOR
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SB2003 |
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LRB094 11411 JAM 42305 b |
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| AN ACT concerning procurement.
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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 Illinois Procurement Code is amended by | 5 |
| changing Section 1-15.30 as follows:
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| (30 ILCS 500/1-15.30)
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| Sec. 1-15.30. Contract. "Contract" means all types of
State | 8 |
| agreements, regardless
of what they may be called, for the | 9 |
| procurement, use, or disposal
of supplies, services,
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| professional or artistic services, or construction or for | 11 |
| leases of real
property or
capital improvements,
and including | 12 |
| master contracts, contracts for financing through
use of | 13 |
| installment or
lease-purchase arrangements, renegotiated | 14 |
| contracts, and change orders. "Contract" includes contracts | 15 |
| for leases and subcontracts for sub-leases of any portion of an | 16 |
| Illinois State Toll Highway Authority oasis.
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| (Source: P.A. 90-572, eff. 2-6-98.)
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| Section 10. The Toll Highway Act is amended by changing | 19 |
| 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. (A) All contracts for services or supplies | 22 |
| required from
time to time by the Authority in the maintenance | 23 |
| and operation of any
toll highway or part thereof under the | 24 |
| provisions of this Act or all
direct contracts for supplies to | 25 |
| be used in the construction of any toll
highway or part thereof | 26 |
| to be awarded under this Section, rather than as
a part of a | 27 |
| contract pursuant to Section 16 of this Act, and all contracts | 28 |
| to lease and all subcontracts to sub-lease any portion of the | 29 |
| Authority's oases (notwithstanding any other law to the | 30 |
| contrary), when the amount
of any such supplies ,
or services , |
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SB2003 |
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LRB094 11411 JAM 42305 b |
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| contract, or subcontract is in excess of the sum of $7,500 | 2 |
| shall
be let to the lowest responsible bidder or bidders, on | 3 |
| open, competitive
bidding after public advertisement made at | 4 |
| least 5 days prior to the
opening of bids, in a newspaper of | 5 |
| general circulation in any city of
over 500,000 population, or | 6 |
| in any county through which the tollway
passes, in such manner | 7 |
| and on one or more occasions as may be prescribed
by the | 8 |
| Authority, except that bidding shall not be required in the
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| following cases:
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| 1. Where the goods or services to be procured are | 11 |
| economically
procurable from only one source, such as | 12 |
| contracts for telephone
service, electric energy and other | 13 |
| public utility services, housekeeping
services, books, | 14 |
| pamphlets and periodicals and specially designed
business | 15 |
| equipment and software.
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| 2. Where the services required are for professional, | 17 |
| technical or
artistic skills.
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| 3. Where the services required are for advertising, | 19 |
| promotional and
public relations services.
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| 4. In emergencies, provided that an affidavit of the | 21 |
| person or
persons authorizing the expenditure shall be | 22 |
| filed with the Authority
and the Auditor General within 10 | 23 |
| days after such authorization setting
forth the conditions | 24 |
| and circumstances requiring the emergency purchase,
the | 25 |
| amount expended and the name of the vendor or contractor | 26 |
| involved;
if only an estimate is available, however, within | 27 |
| the 10 days allowed
for filing the affidavit, the actual | 28 |
| 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 | 31 |
| thereof for
the maintenance and operation of any toll | 32 |
| highway, or any part thereof,
whenever, the Authority | 33 |
| shall, by resolution, declare and find that a
particular | 34 |
| make and type of equipment is required for efficient
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| maintenance and operation and proper servicing, for | 36 |
| uniformity in and
integration with the spare parts program |
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LRB094 11411 JAM 42305 b |
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| and inventory control, or for
other reasons peculiar to the | 2 |
| problems of the toll highway or its
previously acquired | 3 |
| equipment; however, competition and competitive bids
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| be obtained by the Authority with respect to such specified
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| equipment or spare parts, insofar as possible, and when | 6 |
| effective,
pursuant to public advertisement as | 7 |
| 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 | 10 |
| terminated or
defaulted contract or agreement.
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| (B) The solicitation for bids shall be in conformance with | 12 |
| accepted
business practices and the method of solicitation | 13 |
| shall be set out in
detail in the rules and regulations of the | 14 |
| Authority.
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| (C) Proposals received pursuant to public advertisement | 16 |
| shall be
publicly opened at the day and hour and at the place | 17 |
| specified in the
solicitation for such bids.
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| (D) Successful bidders for such services and supplies shall | 19 |
| enter
into contracts furnished and prescribed by the Authority.
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| (E) All purchases, contracts or other obligations or | 21 |
| expenditures of
funds by the Authority shall be in accordance | 22 |
| with rules and regulations
governing the Authority's | 23 |
| procurement practice and procedures and the
Authority shall | 24 |
| promulgate and publish such practices and procedures in
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| sufficient number for distribution to persons interested in | 26 |
| bidding on
purchases or contracts to be let by the Authority. | 27 |
| Such rules and
regulations shall be kept on file with the | 28 |
| Secretary of the Authority at
all times and shall be available | 29 |
| for inspection by members of the public
at all reasonable times | 30 |
| and hours.
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| Such rules and regulations shall be filed and become | 32 |
| effective in
connection with the Illinois Administrative | 33 |
| Procedure Act.
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| (F) Any contract entered into for purchase or expenditure | 35 |
| of funds
of the Authority made in violation of this Act or the | 36 |
| rules and
regulations in pursuance thereof is void and of no |
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| effect. All contracts, leases, subcontracts, and sub-leases | 2 |
| (including but not limited to those leases and sub-leases of | 3 |
| any portion of the Authority's oases) that are in effect or | 4 |
| entered into after the effective date of this amendatory Act of | 5 |
| the 94th General Assembly shall be considered public | 6 |
| information.
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| (G) Warrant. All sellers to the Authority shall attach a | 8 |
| statement
to the delivery invoice attesting that the standards | 9 |
| set forth in the
contracts have been met. The statement shall | 10 |
| be substantially in the
following form:
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| "The Seller,.... hereby certifies that the goods, | 12 |
| merchandise and
wares shipped in accordance with the attached | 13 |
| delivery invoice have met
all the required standards set forth | 14 |
| in the purchasing contract.
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| ....(Seller)."
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| (H) Whoever violates the provisions of this Section, or the | 17 |
| rules
and regulations adopted in pursuance thereof, is guilty | 18 |
| of a Class A
misdemeanor.
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| (Source: P.A. 86-1164.)
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| Section 99. Effective date. This Act takes effect upon | 21 |
| becoming law.
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