State of Illinois
90th General Assembly
Legislation

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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,  the  purchase,
13    lease  or  sale of personal property, materials, equipment or
14    supplies, 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.
 2        All such purchase orders or contracts which shall involve
 3    amounts of $10,000 or less, shall also be let in  the  manner
 4    prescribed  above  whenever  practicable,  except  that after
 5    solicitation of bids, such purchase orders or  contracts  may
 6    be  let  in the open market, in a manner calculated to insure
 7    the best interests of the  public.  The  provisions  of  this
 8    Section  are  subject to any contrary provisions contained in
 9    "An Act concerning the use of  Illinois  Mined  Coal  Act  in
10    certain  plants  and  institutions",  filed July 13, 1937, as
11    heretofore 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 of
31    $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    supplies  All proposals to award purchase orders or contracts
 9    involving amounts in excess of $10,000 shall 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.

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