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70 ILCS 200/2-126
(70 ILCS 200/2-126)
Sec. 2-126.
Contracts; award to other than highest or lowest bidder by
vote
of 4 Board members. All contracts for the sale of property of the value
of more
than $10,000 or for a concession in or lease of property including air rights,
of the Authority for a term of more than one year shall be awarded to the
highest responsible bidder, after advertising for bids. All construction
contracts and contracts for supplies, materials, equipment and services,
when the expense thereof will exceed $10,000, shall be let to the lowest
responsible bidder, after
advertising for bids, excepting (1) when repair parts, accessories, equipment
or services are required for equipment or services previously furnished
or contracted for; (2) when the nature of the services required is such
that competitive bidding is not in the best interest of the public, including,
without limiting the generality of the foregoing, the services of accountants,
architects, attorneys, engineers, physicians, superintendents of construction,
and others possessing a high degree of skill; and (3) when services such as
water, light, heat, power, telephone or telegraph are required.
All contracts involving less than $10,000 shall be let by competitive bidding
to the lowest responsible bidder whenever possible, and in any event in
a manner calculated to ensure the
best interests of the public. Competitive bidding is not required for the
lease of real estate or buildings owned or controlled by the Authority.
The Board is empowered to offer such leases upon such terms as it deems
advisable.
In determining the responsibility of any bidder, the Board may take into
account the past record of dealings with the bidder, the bidder's experience,
adequacy
of equipment, and ability to complete performance within the time set, and
other
factors besides financial responsibility, but in no case shall any such
contracts be awarded to any other than the highest bidder (in case of sale,
concession or lease) or the lowest bidder (in case of purchase or expenditure)
unless authorized or approved by a vote of at least 4 members of the Board,
and unless such action is accompanied by a statement in writing setting
forth the reasons for not awarding the contract to the highest or lowest
bidder, as the case may be, which statement shall be kept on file in the
principal office of the Authority and open to public inspection.
Members of the Board, officers and employees of the Authority, and their
relatives within the fourth degree of consanguinity by the terms of the
civil law, are forbidden to be interested directly or indirectly in any
contract for construction or maintenance work or for the delivery of materials,
supplies or equipment.
The Board shall have the right to reject all bids and to readvertise for
bids. If after any such advertisement no responsible and satisfactory bid,
within the terms of the advertisement, shall be received, the Board may
award such contract, without competitive bidding, provided that it shall
not be less advantageous to the Authority than any valid bid received pursuant
to advertisement.
The Board shall adopt rules and regulations to carry into effect the
provisions
of this Section.
(Source: P.A. 93-491, eff. 1-1-04.)
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