101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB3436

 

Introduced , by Rep. Kelly M. Burke

 

SYNOPSIS AS INTRODUCED:
 
110 ILCS 805/3-27.1  from Ch. 122, par. 103-27.1

    Amends the Public Community College Act. Provides that the board of trustees of a community college district may enter into a contract for goods or services procured from a competitively bid group purchase contract without adhering to the competitively bid contract requirements under the Act. Effective immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Public Community College Act is amended by
5changing 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
8of supplies, materials or work involving an expenditure in
9excess of $25,000 or a lower amount as required by board policy
10to the lowest responsible bidder considering conformity with
11specifications, terms of delivery, quality, and
12serviceability; after due advertisement, except the following:
13(a) contracts for the services of individuals possessing a high
14degree of professional skill where the ability or fitness of
15the individual plays an important part; (b) contracts for the
16printing of finance committee reports and departmental
17reports; (c) contracts for the printing or engraving of bonds,
18tax warrants and other evidences of indebtedness; (d) contracts
19for materials and work which have been awarded to the lowest
20responsible bidder after due advertisement, but due to
21unforeseen revisions, not the fault of the contractor for
22materials and work, must be revised causing expenditures not in
23excess of 10% of the contract price; (e) contracts for the

 

 

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1maintenance or servicing of, or provision of repair parts for,
2equipment which are made with the manufacturer or authorized
3service agent of that equipment where the provision of parts,
4maintenance, or servicing can best be performed by the
5manufacturer or authorized service agent; (f) purchases and
6contracts for the use, purchase, delivery, movement, or
7installation of data processing equipment, software, or
8services and telecommunications and inter-connect equipment,
9software, and services; (g) contracts for duplicating machines
10and supplies; (h) contracts for the purchase of natural gas
11when the cost is less than that offered by a public utility;
12(i) purchases of equipment previously owned by some entity
13other than the district itself; (j) contracts for repair,
14maintenance, remodeling, renovation, or construction, or a
15single project involving an expenditure not to exceed $50,000
16and not involving a change or increase in the size, type, or
17extent of an existing facility; (k) contracts for goods or
18services procured from another governmental agency; (l)
19contracts for goods or services which are economically
20procurable from only one source, such as for the purchase of
21magazines, books, periodicals, pamphlets and reports, and for
22utility services such as water, light, heat, telephone or
23telegraph; (m) where funds are expended in an emergency and
24such emergency expenditure is approved by 3/4 of the members of
25the board; and (n) contracts for the purchase of perishable
26foods and perishable beverages; and (o) contracts for goods or

 

 

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1services procured from a competitively bid group purchase
2contract, including, but not limited to, any purchasing entity
3operating under the U.S. General Services Administration,
4Higher Education Cooperation Act, or Midwestern Higher
5Education Compact Act.
6    All competitive bids for contracts involving an
7expenditure in excess of $25,000 or a lower amount as required
8by board policy must be sealed by the bidder and must be opened
9by a member or employee of the board at a public bid opening at
10which the contents of the bids must be announced. Each bidder
11must receive at least 3 days' notice of the time and place of
12such bid opening. For purposes of this Section due
13advertisement includes, but is not limited to, at least one
14public notice at least 10 days before the bid date in a
15newspaper published in the district, or if no newspaper is
16published in the district, in a newspaper of general
17circulation in the area of the district. Electronic bid
18submissions shall be considered a sealed document for
19competitive bid requests if they are received at the designated
20office by the time and date set for receipt for bids. However,
21bids for construction purposes are prohibited from being
22submitted electronically. Electronic bid submissions must be
23authorized by specific language in the bid documents in order
24to be considered and must be opened in accordance with
25electronic security measures in effect at the community college
26at the time of opening. Unless the electronic submission

 

 

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1procedures provide for a secure receipt, the vendor assumes the
2risk of premature disclosure due to submission in an unsealed
3form.
4    The provisions of this Section do not apply to guaranteed
5energy savings contracts entered into under Article V-A. The
6provisions of this Section do not prevent a community college
7from complying with the terms and conditions of a grant, gift,
8or bequest that calls for the procurement of a particular good
9or service, provided that the grant, gift, or bequest provides
10all funding for the contract, complies with all applicable
11laws, and does not interfere with or otherwise impair any
12collective bargaining agreements the community college may
13have with labor organizations.
14(Source: P.A. 97-1031, eff. 8-17-12; 98-269, eff. 1-1-14.)
 
15    Section 99. Effective date. This Act takes effect upon
16becoming law.