103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB4415

 

Introduced 1/16/2024, by Rep. Lawrence "Larry" Walsh, Jr.

 

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

    Amends the Public Community College Act. With respect to the awarding of contracts by boards of trustees of community college districts, deletes the prohibition on electronic bid submissions for construction purposes.


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A BILL FOR

 

HB4415LRB103 35441 CES 65509 b

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
8purchase of supplies, materials or work involving an
9expenditure in excess of $25,000 or a lower amount as required
10by board policy to the lowest responsible bidder considering
11conformity with specifications, terms of delivery, quality,
12and serviceability; after due advertisement, except the
13following: (a) contracts for the services of individuals
14possessing a high degree of professional skill where the
15ability or fitness of the individual plays an important part;
16(b) contracts for the printing of finance committee reports
17and departmental reports; (c) contracts for the printing or
18engraving of bonds, tax warrants and other evidences of
19indebtedness; (d) contracts for materials and work which have
20been awarded to the lowest responsible bidder after due
21advertisement, but due to unforeseen revisions, not the fault
22of the contractor for materials and work, must be revised
23causing expenditures not in excess of 10% of the contract

 

 

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

 

 

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1    All competitive bids for contracts involving an
2expenditure in excess of $25,000 or a lower amount as required
3by board policy must be sealed by the bidder and must be opened
4by a member or employee of the board at a public bid opening at
5which the contents of the bids must be announced. Each bidder
6must receive at least 3 days' notice of the time and place of
7such bid opening. For purposes of this Section due
8advertisement includes, but is not limited to, at least one
9public notice at least 10 days before the bid date in a
10newspaper published in the district, or if no newspaper is
11published in the district, in a newspaper of general
12circulation in the area of the district. Electronic bid
13submissions shall be considered a sealed document for
14competitive bid requests if they are received at the
15designated office by the time and date set for receipt for
16bids. However, bids for construction purposes are prohibited
17from being submitted electronically. Electronic bid
18submissions must be authorized by specific language in the bid
19documents in order to be considered and must be opened in
20accordance with electronic security measures in effect at the
21community college at the time of opening. Unless the
22electronic submission procedures provide for a secure receipt,
23the vendor assumes the risk of premature disclosure due to
24submission in an unsealed form.
25    The provisions of this Section do not apply to guaranteed
26energy savings contracts entered into under Article V-A. The

 

 

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1provisions of this Section do not prevent a community college
2from complying with the terms and conditions of a grant, gift,
3or bequest that calls for the procurement of a particular good
4or service, provided that the grant, gift, or bequest provides
5all funding for the contract, complies with all applicable
6laws, and does not interfere with or otherwise impair any
7collective bargaining agreements the community college may
8have with labor organizations.
9(Source: P.A. 97-1031, eff. 8-17-12; 98-269, eff. 1-1-14.)