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[ House Amendment 001 ] |
90_HB1430 70 ILCS 2605/11.3 from Ch. 42, par. 331.3 70 ILCS 2605/11.6 from Ch. 42, par. 331.6 70 ILCS 2605/11.7 from Ch. 42, par. 331.7 Amends the Metropolitan Water Reclamation District Act. Provides that purchase orders or contracts in excess of $20,000 (now $10,000) for materials, equipment, or supplies shall be let by competitive bidding. Provides that purchase orders or contracts for materials, equipment, or supplies involving amounts of $20,000 (now $10,000) or less, or purchase orders or contracts for labor, services or work, construction, the lease or sale of personal property, or the granting of any concession involving amounts of $10,000 or less shall be let by a Purchasing Agent soliciting bids from at least 3 vendors (now let in the open market in a manner calculated to insure the best interests of the public). Provides that officials and employees making requests for purchases shall not split or otherwise partition those requests (now any undertaking involving amounts in excess of $10,000) for the purpose of evading the competitive bidding requirements. Effective immediately. LRB9003272KDks LRB9003272KDks 1 AN ACT to amend the Metropolitan Water Reclamation 2 District Act by changing Sections 11.3, 11.6, and 11.7. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Metropolitan Water Reclamation District 6 Act is amended by changing Sections 11.3, 11.6, and 11.7 as 7 follows: 8 (70 ILCS 2605/11.3) (from Ch. 42, par. 331.3) 9 Sec. 11.3. Except as provided in Sections 11.4 and 11.5, 10 all purchase orders or contracts involving amounts in excess 11 of $10,000 and made by or on behalf of the sanitary district 12 for labor, services or work, construction, thepurchase,13 lease or sale of personal property,materials, equipment or14supplies,or the granting of any concession, shall be let by 15 free and open competitive bidding after advertisement, to the 16 lowest responsible bidder or to the highest responsible 17 bidder, as the case may be, depending upon whether the 18 sanitary district is to expend or receive money. 19 Except as provided in Sections 11.4 and 11.5, all 20 purchase orders or contracts involving amounts in excess of 21 $20,000 and made by or on behalf of the sanitary district for 22 materials, equipment, or supplies shall be let by free and 23 open competitive bidding after advertisement. 24 All purchase orders or contracts that involve amounts of 25 $10,000 or less for labor, services or work, construction, 26 the lease or sale of personal property, or the granting of 27 any concession shall be let by the Purchasing Agent 28 soliciting bids from at least 3 vendors. 29 All purchase orders or contracts involving amounts of 30 $20,000 or less for materials, equipment, or supplies shall 31 be let by the Purchasing Agent soliciting bids from at least -2- LRB9003272KDks 1 3 vendors. 2All such purchase orders or contracts which shall involve3amounts of $10,000 or less, shall also be let in the manner4prescribed above whenever practicable, except that after5solicitation of bids, such purchase orders or contracts may6be let in the open market, in a manner calculated to insure7the best interests of the public.The provisions of this 8 Section are subject to any contrary provisions contained in 9"An Act concerningtheuse ofIllinois Mined Coal Actin10certain plants and institutions", filed July 13, 1937, as11heretofore and hereafter amended. 12 Notwithstanding the provisions of this Section, the 13 sanitary district is expressly authorized to establish such 14 procedures as it deems appropriate to comply with state or 15 federal regulations as to affirmative action and the 16 utilization of small and minority businesses in construction 17 and procurement contracts. 18 (Source: P.A. 83-835.) 19 (70 ILCS 2605/11.6) (from Ch. 42, par. 331.6) 20 Sec. 11.6. The head of each department shall notify the 21 purchasing agent of those officers and employees authorized 22 to sign requests for purchases. Requests for purchases shall 23 be void unless executed by an authorized officer or employee 24 and approved by the purchasing agent. Requests for purchases 25 may be executed, approved and signed manually or 26 electronically. 27 Officials and employees making requests for purchases 28 shall not split or otherwise partition those requests for the 29 purpose of evading the competitive bidding requirements of 30 this Act, any undertaking involving amounts in excess of31$10,000. 32 (Source: P.A. 87-1125.) -3- LRB9003272KDks 1 (70 ILCS 2605/11.7) (from Ch. 42, par. 331.7) 2 Sec. 11.7. All proposals to award purchase orders or 3 contracts involving amounts in excess of $10,000 for labor, 4 service or work, construction, the lease or sale of personal 5 property, or the granting of any concession and all proposals 6 to award purchase orders or contracts involving amounts in 7 excess of $20,000 for furnishing materials, equipment, or 8 suppliesAll proposals to award purchase orders or contracts9involving amounts in excess of $10,000shall be published at 10 least 12 calendar days in advance of the date announced for 11 the receiving of bids, in a secular English language 12 newspaper of general circulation in said sanitary district 13 and shall be posted simultaneously on readily accessible 14 bulletin boards in the principal office of the sanitary 15 district. Nothing contained in this section shall be 16 construed to prohibit the placing of additional 17 advertisements in recognized trade journals. Advertisements 18 for bids shall describe the character of the proposed 19 contract or agreement in sufficient detail either in the 20 advertisement itself or by reference to plans, specifications 21 or other detail on file at the time of publication of the 22 first announcement, to enable the bidders to know what their 23 obligation will be. The advertisement shall also state the 24 date, time and place assigned for the opening of bids. No 25 bids shall be received at any time subsequent to the time 26 indicated in the announcement; however, an extension of time 27 may be granted for the opening of such bids upon publication 28 in the same newspaper of general circulation in said sanitary 29 district stating the date to which bid opening has been 30 extended. The time of the extended bid opening shall not be 31 less than 5 days after publication, Sundays and legal 32 holidays excluded. 33 Cash, cashier's check or a certified check payable to the 34 clerk and drawn upon a bank, as a deposit of good faith, in a -4- LRB9003272KDks 1 reasonable amount not in excess of 10% of the contract 2 amount, may be required of each bidder by the purchasing 3 agent on all bids involving amounts in excess of $10,000. If 4 a deposit is required, the advertisement for bids shall so 5 specify. Instead of a deposit, the purchasing agent may 6 allow the use of a bid bond if the bond is issued by a surety 7 company that is listed in the Federal Register and is 8 authorized to do business in the State of Illinois. 9 (Source: P.A. 89-89, eff. 6-30-95.) 10 Section 99. Effective date. This Act takes effect upon 11 becoming law.