Public Act 93-0491

SB1383 Enrolled                      LRB093 09848 BDD 10096 b

    AN ACT in relation to civic centers.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section  5.  The Civic Center Code is amended by changing
Sections 2-125, 2-126, 2-127,  2-128,  25-55,  55-45,  90-35,
105-45,  140-50,  155-55,  170-50,  200-50,  205-75,  215-55,
240-50, and 280-80 as follows:

    (70 ILCS 200/2-125)
    Sec.  2-125.  Contracts;  award  to other than highest or
lowest bidder by vote of 5 Board members. All  contracts  for
the sale of property of the value of more than $10,000 $2,500
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 $2,500, 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 $2,500 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 5 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. 90-328, eff. 1-1-98.)
    (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 $2,500
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 $2,500, 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 $2,500 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. 90-328, eff. 1-1-98.)

    (70 ILCS 200/2-127)
    Sec. 2-127. Contracts; award to  other  than  highest  or
lowest  bidder by four-fifths vote. All contracts for sale of
property of the value of more than $10,000 $2500,  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 $2500, shall be let to the lowest
responsible  bidder,  after advertising for bids, except: (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 $2500 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.
    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 contract 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 4/5 of the
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. 90-328, eff. 1-1-98.)

    (70 ILCS 200/2-128)
    Sec.  2-128.  Contracts;  award  to other than highest or
lowest bidder by three-fourths vote. All  contracts  for  the
sale  of property of the value of more than $10,000 $2,500 or
for any concession in or lease of property 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 $2,500,  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 $2,500 shall be
let by competitive bidding  whenever  possible,  and  in  any
event  in a manner calculated to ensure the best interests of
the public.
    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 three-fourths of
the   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.
    From the group of responsible bidders the  lowest  bidder
shall  be  selected in the following manner:  to all bids for
sales the gross receipts of which are not taxable  under  the
"Retailers'  Occupation  Tax Act", approved June 28, 1933, as
amended, there shall be added an  amount  equal  to  the  tax
which would be payable under said Act, if applicable, and the
lowest in amount of said adjusted bids and bids for sales the
gross  receipts  of which are taxable under said Act shall be
considered the lowest bid; provided, that, if said lowest bid
relates to a sale not taxable under said  Act,  any  contract
entered  into  thereon shall be in the amount of the original
bid not adjusted as aforesaid.
    Contracts  shall  not  be  split  into  parts   involving
expenditures  of less than $10,000 $2,500 for the purposes of
avoiding the provisions of this Section, and all  such  split
contracts  shall  be  void.   If  any  collusion occurs among
bidders or prospective bidders in  restraint  of  freedom  of
competition, by agreement to bid a fixed amount or to refrain
from  bidding or otherwise, the bids of such bidders shall be
void.  Each bidder shall  accompany  his  bid  with  a  sworn
statement that he has not been a party to any such agreement.
    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. 90-328, eff. 1-1-98.)

    (70 ILCS 200/25-55)
    Sec. 25-55. Contracts.
    (a)  All contracts for the sale of property of a value of
more than $10,000 $5,000 or for a concession in or  lease  of
property,  including  air rights, of the Committee 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 will exceed $10,000
$5,000, shall be let to the lowest responsible  bidder  after
advertising   for   bids,   except  (i)  when  repair  parts,
accessories,  equipment,  or  services   are   required   for
equipment or services previously furnished or contracted for,
(ii)  when  the  nature of the services required is such that
competitive bidding is  not  in  the  best  interest  of  the
public,   including   without   limitation  the  services  of
accountants, architects,  attorneys,  engineers,  physicians,
superintendents of construction, and others possessing a high
degree  of  skill,  and  (iii)  when  services such as water,
light, heat, power, telephone, or telegraph are required.
    (b)  All contracts involving  less  than  $10,000  $5,000
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  Committee.
The  Committee  is empowered to offer those leases upon terms
it deems advisable.
    (c)  In determining the responsibility of any bidder, the
Committee may take into account the past records 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 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  7  members  of  the Committee and unless the 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 Committee and
open to public inspection.
    (d)  Members of the Committee, officers and employees  of
the Committee, and their relatives within the third 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.
    (e)  The Committee shall have the  right  to  reject  all
bids  and  to  readvertise  for  bids.  If no responsible and
satisfactory bid within the terms  of  the  advertisement  is
received,  the  Committee  may  award  the  contract  without
competitive  bidding if the contract is not less advantageous
to the Committee than any valid bid received in  response  to
advertisement.
    (f)  The  Committee  shall adopt rules and regulations to
carry into effect the provisions of this Section.
(Source: P.A. 90-328, eff. 1-1-98.)

    (70 ILCS 200/55-45)
    Sec. 55-45. Contracts. All  contracts  for  the  sale  of
property  of  the  value of more than $10,000 $2,500 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  $2,500,  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 $2,500 shall be
let by competitive bidding to the lowest  responsible  bidder
whenever  possible  and, in any event, in a manner calculated
to insure 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 records of dealings with
the bidder, experience, adequacy  of  equipment,  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 a majority of all the
appointed 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. 90-328, eff. 1-1-98.)

    (70 ILCS 200/90-35)
    Sec.  90-35.  Contracts;  award  to other than highest or
lowest bidder by vote of 3 Board members.
    (a)  All contracts for the sale of property of a value of
more than $10,000 $2,500 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 will exceed $10,000
$2,500, shall be let to the lowest responsible  bidder  after
advertising   for   bids,   except  (i)  when  repair  parts,
accessories,  equipment,  or  services   are   required   for
equipment or services previously furnished or contracted for,
(ii)  when  the  nature of the services required is such that
competitive bidding is  not  in  the  best  interest  of  the
public,   including   without   limitation  the  services  of
accountants, architects,  attorneys,  engineers,  physicians,
superintendents of construction, and others possessing a high
degree  of  skill,  and  (iii)  when  services such as water,
light, heat, power, telephone, or telegraph are required.
    (b)  All contracts involving  less  than  $10,000  $2,500
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 those leases upon terms it
deems advisable.
    (c)  In determining the responsibility of any bidder, the
Board may take into account the past records 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  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 3 members of the
Board  and unless the 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.
    (d)  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.
    (e)  The Board shall have the right to  reject  all  bids
and   to   readvertise  for  bids.   If  no  responsible  and
satisfactory bid within the terms  of  the  advertisement  is
received,   the   Board   may   award  the  contract  without
competitive bidding if the contract is not less  advantageous
to  the  Authority than any valid bid received in response to
advertisement.
    (f)  The Board shall adopt rules and regulations to carry
into effect the provisions of this Section.
(Source: P.A. 90-328, eff. 1-1-98.)
    (70 ILCS 200/105-45)
    Sec. 105-45. Contracts; bidding.  All contracts for  sale
of  property of the value of more than $10,000 $2500 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 $2500, 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 $2500 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 in 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  4/5  of  the
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. 90-328, eff. 1-1-98.)

    (70 ILCS 200/140-50)
    Sec. 140-50. Contracts.
    (a)  All contracts for the sale of property of a value of
more than $10,000 $2,500 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 will exceed $10,000
$2,500, shall be let to the lowest responsible  bidder  after
advertising   for   bids,   except  (i)  when  repair  parts,
accessories,  equipment,  or  services   are   required   for
equipment or services previously furnished or contracted for,
(ii)  when  the  nature of the services required is such that
competitive bidding is  not  in  the  best  interest  of  the
public,   including   without   limitation  the  services  of
accountants, architects,  attorneys,  engineers,  physicians,
superintendents of construction, and others possessing a high
degree  of  skill,  and  (iii)  when  services such as water,
light, heat, power, telephone, or telegraph are required.
    (b)  All contracts involving  less  than  $10,000  $2,500
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 those leases upon terms it
deems advisable.
    (c)  In determining the responsibility of any bidder, the
Board may take into account the past records 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  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 5 members of the
Board  and unless the 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.
    (d)  Members  of the Board, officers and employees of the
Authority, and their relatives within  the  third  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.
    (e)  The Board shall have the right to  reject  all  bids
and   to   readvertise  for  bids.   If  no  responsible  and
satisfactory bid within the terms  of  the  advertisement  is
received,   the   Board   may   award  the  contract  without
competitive bidding if the contract is not less  advantageous
to  the  Authority than any valid bid received in response to
advertisement.
    (f)  The Board shall adopt rules and regulations to carry
into effect the provisions of this Section.
(Source: P.A. 90-328, eff. 1-1-98.)

    (70 ILCS 200/155-55)
    Sec.  155-55.  Contracts.  All  contracts  for  sale   of
property  of  the value of more than $10,000 $2,500, 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  $2,500,  shall  be let to the
lowest  responsible  bidder,  after  advertising  for   bids,
except:  (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,   financial   advisors,
investment   bankers,    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 $2,500 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.
    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 contract 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 5 of the 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. 90-328, eff. 1-1-98.)

    (70 ILCS 200/170-50)
    Sec.  170-50.  Contracts.   All  contracts  for  sale  of
property of the value of more than $10,000 $2500  or  for  an
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 $2500, 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 $2500 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.
    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 three-fourths of
the   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.
    From the group of responsible bidders the  lowest  bidder
shall  be  selected  in the following manner: to all bids for
sales the gross receipts of which are not taxable  under  the
Retailers' Occupation Tax Act, there shall be added an amount
equal  to  the  tax which would be payable under said Act, if
applicable, and the lowest in amount of  said  adjusted  bids
and  bids  for  sales the gross receipts of which are taxable
under said Act shall be considered the lowest bid;  provided,
that,  if said lowest bid relates to a sale not taxable under
said Act, any contract entered into thereon shall be  in  the
amount of the original bid not adjusted as aforesaid.
    Contracts   shall  not  be  split  into  parts  involving
expenditures of less than $10,000 $2500 for the  purposes  of
avoiding  the  provisions of this Section, and all such split
contracts shall  be  void.  If  any  collusion  occurs  among
bidders  or  prospective  bidders  in restraint of freedom of
competition, by agreement to bid a fixed amount or to refrain
from bidding or otherwise, the bids of such bidders shall  be
void.  Each  bidder  shall  accompany  his  bid  with a sworn
statement that he has not been a party to any such agreement.
    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. 90-328, eff. 1-1-98.)

    (70 ILCS 200/200-50)
    Sec.  200-50.   Contracts.   All  contracts  for  sale of
property of the value of more than $10,000 $2500 or  for  any
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 $2500, 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 $2500 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.
    In  determining  the  responsibility  of  any bidder, the
Board may take in 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 three-fourths of
the  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.
    From  the  group of responsible bidders the lowest bidder
shall be selected in the following manner: to  all  bids  for
sales  the  gross receipts of which are not taxable under the
Retailers' Occupation Tax Act, there shall be added an amount
equal to the tax which would be payable under  said  Act,  if
applicable,  and  the  lowest in amount of said adjusted bids
and bids for sales the gross receipts of  which  are  taxable
under  said Act shall be considered the lowest bid; provided,
that, if said lowest bid relates to a sale not taxable  under
said  Act,  any contract entered into thereon shall be in the
amount of the original bid not adjusted as aforesaid.
    Contracts  shall  not  be  split  into  parts   involving
expenditures  of  less than $10,000 $2500 for the purposes of
avoiding the provisions of this Section, and all  such  split
contracts  shall  be  void.   If  any  collusion occurs among
bidders or prospective bidders in  restraint  of  freedom  of
competition, by agreement to bid a fixed amount or to refrain
from  bidding or otherwise, the bids of such bidders shall be
void.  Each bidder shall  accompany  his  bid  with  a  sworn
statement that he has not been a party to any such agreement.
    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. 90-328, eff. 1-1-98.)

    (70 ILCS 200/205-75)
    Sec. 205-75.  Bidding; advertisement. All contracts to be
let for the construction,  alteration,  improvement,  repair,
enlargement,  demolition or removal of any buildings or their
facilities, or for materials or  supplies  to  be  furnished,
where  the  amount  thereof is in excess of $10,000 $2,500.00
shall be let to the lowest responsible bidder, or bidders  on
open competitive bidding after public advertisement published
at  least  once in each week for 3 consecutive weeks prior to
the  opening  of  bids,  in  a  daily  newspaper  of  general
circulation in the county where  the  Authority  is  located,
except  (i)  when  repair  parts,  accessories, equipment, or
services are required for equipment  or  services  previously
furnished  or  contracted  for or (ii) when the nature of the
services is such that competitive bidding is not in the  best
interest  of  the  public.  Nothing contained in this Section
shall be construed to prohibit  the  Board  of  Commissioners
from  placing  additional  advertisements in recognized trade
journals.  Advertisements  for  bids   shall   describe   the
character  of  the  proposed contract in sufficient detail to
enable the bidders thereon to know what their obligation will
be, either in the advertisement itself, or  by  reference  to
detailed  plans  and  specifications on file in the office of
the  Peoria  Civic  Center  Authority  at  the  time  of  the
publication of the  first  announcement.  Such  advertisement
shall  also  state the date, time, and place assigned for the
opening of bids and no bids shall be  received  at  any  time
subsequent  to  the time indicated in said advertisement. The
Board of Commissioners may reject any and all  bids  received
and  readvertise  for  bids. All bids shall be open to public
inspection in the office of the Peoria Civic Center Authority
for a period of at least 48 hours before award  is  made.  In
determining  the  responsibility of any bidder, the Board may
consider the bidder's past record  of  dealings,  experience,
adequacy   of   equipment,   ability   to   timely   complete
performance,    and    other    factors   besides   financial
responsibility.  In no case, however, shall any  contract  be
awarded  to  any  bidder  other than the lowest bidder unless
authorized or approved by the affirmative vote of at least  5
members of the board and unless the award is accompanied by a
statement  in  writing  setting  forth  the  reasons  for not
awarding the contract to the lowest  bidder,  which  must  be
kept  on  file  in the office of the Authority and be open to
the public for inspection. The  successful  bidder  for  such
work  shall  enter into contracts furnished and prescribed by
the Board of Commissioners and in addition to any other bonds
required under  this  Article  the  successful  bidder  shall
execute  and  give bond, payable to and to be approved by the
Authority, with a corporate surety authorized to do  business
under  the  laws of the State of Illinois, in an amount to be
determined by the Board of  Commissioners,  conditioned  upon
the  payment of all labor furnished and materials supplied in
the prosecution of the contracted work. If the  bidder  whose
bid  has  been accepted shall neglect or refuse to accept the
contract within 5 days after written notice that the same has
been awarded to him, or if he accepts but  does  not  execute
the  contract  and  give  proper  security, the Authority may
accept the next lowest bidder, or readvertise  and  relet  in
manner above provided.
    In case any work shall be abandoned by any contractor the
Authority  may,  if  the  best  interest  of the Authority be
thereby  served,  adopt  on  behalf  of  the  Authority   all
sub-contracts made by such contractor for such contractor for
such  work  and  all  sub-contractors  shall be bound by such
adoption if made; and the  Authority  shall,  in  the  manner
provided  herein, readvertise and relet the work specified in
the original contract exclusive of so much thereof  as  shall
be  accepted.  Every contract, when made and entered into, as
herein provided for, shall be executed in duplicate, one copy
of which shall be held by the Authority,  and  filed  in  its
records  and  one  copy  of  which  shall  be  given  to  the
contractor.
(Source: P.A. 90-328, eff. 1-1-98.)

    (70 ILCS 200/215-55)
    Sec.  215-55.   Contracts.  All contracts for the sale of
property of the value of more than $10,000 $2500 or  for  any
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 $2500, 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 $2500 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.
    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 three-fourths of
the  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.
    From  the  group of responsible bidders the lowest bidder
shall be selected in the following manner: to  all  bids  for
sales  the  gross receipts of which are not taxable under the
Retailers' Occupation Tax Act, there shall be added an amount
equal to the tax which would be payable under  said  Act,  if
applicable,  and  the  lowest in amount of said adjusted bids
and bids for sales the gross receipts of  which  are  taxable
under  said Act shall be considered the lowest bid; provided,
that, if said lowest bid relates to a sale not taxable  under
said  Act,  any contract entered into thereon shall be in the
amount of the original bid not adjusted as aforesaid.
    Contracts  shall  not  be  split  into  parts   involving
expenditures  of  less than $10,000 $2500 for the purposes of
avoiding the provisions of this Section, and all  such  split
contracts  shall  be  void.   If  any  collusion occurs among
bidders or prospective bidders in  restraint  of  freedom  of
competition, by agreement to bid a fixed amount or to refrain
from  bidding or otherwise, the bids of such bidders shall be
void.  Each bidder shall  accompany  his  bid  with  a  sworn
statement that he has not been a party to any such agreement.
    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. 90-328, eff. 1-1-98.)

    (70 ILCS 200/240-50)
    Sec.  240-50.  Contracts.   All  contracts  for  sale  of
property of the value of more than $10,000 $2500  or  for  an
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 $2500, 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 $2500 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.
    In determining the  responsibility  of  any  bidder,  the
Board  may  take  in account the past record of dealings with
the bidder, experience, adequacy  of  equipment,  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  the  affirmative vote of at least  6 of the
members of the Board present at a meeting at which  a  quorum
is  present,  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.
    From  the  group of responsible bidders the lowest bidder
shall be selected in the following manner: to  all  bids  for
sales  the  gross receipts of which are not taxable under the
Retailers' Occupation Tax Act, there shall be added an amount
equal to the tax which would be payable under  said  Act,  if
applicable,  and  the  lowest in amount of said adjusted bids
and bids for sales the gross receipts of  which  are  taxable
under  said Act shall be considered the lowest bid; provided,
that, if said lowest bid relates to a sale not taxable  under
said  Act,  any contract entered into thereon shall be in the
amount of the original bid not adjusted as aforesaid.
    Contracts  shall  not  be  split  into  parts   involving
expenditures  of  less than $10,000 $2500 for the purposes of
avoiding the provisions of this Section, and all  such  split
contracts  shall  be  void.  If  any  collusion  occurs among
bidders or prospective bidders in  restraint  of  freedom  of
competition, by agreement to bid a fixed amount or to refrain
from  bidding or otherwise, the bids of such bidders shall be
void. Each bidder  shall  accompany  his  bid  with  a  sworn
statement that he has not been a party to any such agreement.
    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. 90-328, eff. 1-1-98.)

    (70 ILCS 200/280-80)
    Sec. 280-80.  Contracts; bidding.  All contracts for  the
sale  of  property of the value of more than $10,000 $2500 or
for any concession in or lease of property 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 $2500, 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 $2500 shall be
let by competitive bidding  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  on
July 13, 1982 (the effective date of Public Act 82-786).  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 three-fourths of
the  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.
    From  the  group of responsible bidders the lowest bidder
shall be selected in the following manner:  to all  bids  for
sales  the  gross receipts of which are not taxable under the
"Retailers' Occupation Tax Act", approved June 28,  1933,  as
amended,  there  shall  be  added  an amount equal to the tax
which would be payable under said Act, if applicable, and the
lowest in amount of said adjusted bids and bids for sales the
gross receipts of which are taxable under said Act  shall  be
considered the lowest bid; provided, that, if said lowest bid
relates  to  a  sale not taxable under said Act, any contract
entered into thereon shall be in the amount of  the  original
bid not adjusted as aforesaid.
    Contracts   shall  not  be  split  into  parts  involving
expenditures of less than $10,000 $2500 for the  purposes  of
avoiding  the  provisions of this Section, and all such split
contracts shall be  void.   If  any  collusion  occurs  among
bidders  or  prospective  bidders  in restraint of freedom of
competition, by agreement to bid a fixed amount or to refrain
from bidding or otherwise, the bids of such bidders shall  be
void.   Each  bidder  shall  accompany  his  bid with a sworn
statement that he has not been a party to any such agreement.
    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  of  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. 90-328, eff. 1-1-98.)

Effective Date: 1/1/2004