Full Text of HB5248 097th General Assembly
HB5248eng 97TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning education.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Public Community College Act is amended by | 5 | | changing Section 3-27.1 as follows:
| 6 | | (110 ILCS 805/3-27.1) (from Ch. 122, par. 103-27.1)
| 7 | | Sec. 3-27.1. Contracts. To award all contracts for purchase | 8 | | of
supplies, materials or work involving an expenditure in | 9 | | excess of $25,000 or a lower amount as required by board policy | 10 | | to
the lowest responsible bidder considering conformity with | 11 | | specifications,
terms of delivery, quality, and | 12 | | serviceability; after due advertisement,
except the following: | 13 | | (a) contracts for the services of individuals
possessing a high | 14 | | degree of professional skill where the ability or fitness
of | 15 | | the individual plays an important part; (b) contracts for
the | 16 | | printing of finance committee reports and departmental | 17 | | reports; (c)
contracts for the printing or engraving of bonds, | 18 | | tax warrants and other
evidences of indebtedness; (d) contracts | 19 | | for materials and work which
have been awarded to the lowest | 20 | | responsible bidder after due advertisement,
but due to | 21 | | unforeseen revisions, not the fault of the contractor for
| 22 | | materials and work, must be revised causing expenditures not in | 23 | | excess of
10% of the contract price; (e) contracts for the |
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| 1 | | maintenance or servicing
of, or provision of repair parts for, | 2 | | equipment which are made with the
manufacturer or authorized | 3 | | service agent of that equipment where the
provision of parts, | 4 | | maintenance, or servicing can best be performed by the
| 5 | | manufacturer or authorized service agent; (f) purchases and | 6 | | contracts for
the use, purchase, delivery, movement, or | 7 | | installation of data processing
equipment, software, or | 8 | | services and telecommunications and inter-connect
equipment, | 9 | | software, and services; (g) contracts for duplicating machines
| 10 | | and supplies; (h) contracts for the purchase of natural gas | 11 | | when the cost
is less than that offered by a public utility; | 12 | | (i) purchases of equipment
previously owned by some entity | 13 | | other than the district itself; (j)
contracts for repair, | 14 | | maintenance, remodeling, renovation, or construction,
or a | 15 | | single project involving an expenditure not to exceed $50,000 | 16 | | and not
involving a change or increase in the size, type, or | 17 | | extent of an existing
facility; (k) contracts for goods or | 18 | | services procured from another
governmental agency; (l) | 19 | | contracts for goods or services which are economically
| 20 | | procurable from only one source, such as for the purchase of | 21 | | magazines,
books, periodicals, pamphlets and reports, and for | 22 | | utility services such
as water, light, heat, telephone or | 23 | | telegraph; and (m) where funds are
expended in an emergency and | 24 | | such emergency expenditure is approved by 3/4
of the members of | 25 | | the board.
| 26 | | All competitive bids for contracts involving an |
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| 1 | | expenditure in excess of
$25,000 or a lower amount as required | 2 | | by board policy must be sealed by the bidder and must be opened | 3 | | by a member or
employee of the board at a public bid opening at | 4 | | which the contents of the
bids must be announced. Each bidder | 5 | | must receive at least 3 days' notice of
the time and place of | 6 | | such bid opening. For purposes of this Section due
| 7 | | advertisement includes, but is not limited to, at least one | 8 | | public notice
at least 10 days before the bid date in a | 9 | | newspaper published in the
district, or if no newspaper is | 10 | | published in the district, in a newspaper
of general | 11 | | circulation in the area of the district. Electronic bid | 12 | | submissions shall be considered a sealed document for | 13 | | competitive bid requests if they are received at the designated | 14 | | office by the time and date set for receipt for bids. However, | 15 | | bids for construction purposes are prohibited from being | 16 | | submitted electronically. Electronic bid submissions must be | 17 | | authorized by specific language in the bid documents in order | 18 | | to be considered and must be opened in accordance with | 19 | | electronic security measures in effect at the community college | 20 | | at the time of opening. Unless the electronic submission | 21 | | procedures provide for a secure receipt, the vendor assumes the | 22 | | risk of premature disclosure due to submission in an unsealed | 23 | | form.
| 24 | | The provisions of this Section do not apply to guaranteed | 25 | | energy savings
contracts entered into under Article V-A. The | 26 | | provisions of this Section do not prevent a community college |
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| 1 | | from complying with the terms and conditions of a grant, gift, | 2 | | or bequest that calls for the procurement of a particular good | 3 | | or service, provided that the grant, gift, or bequest provides | 4 | | all funding for the contract, complies with all applicable | 5 | | laws, and does not interfere with or otherwise impair any | 6 | | collective bargaining agreements the community college may | 7 | | have with labor organizations.
| 8 | | (Source: P.A. 95-990, eff. 10-3-08; 96-380, eff. 8-13-09.)
| 9 | | Section 99. Effective date. This Act takes effect upon | 10 | | becoming law.
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