103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB1689
 
Introduced 2/8/2023, by Sen. Robert F. Martwick
 
SYNOPSIS AS INTRODUCED:
 

 
    
70 ILCS 2605/11.11  from Ch. 42, par. 331.11
70 ILCS 2605/11.12  from Ch. 42, par. 331.12

     Amends the Metropolitan Water Reclamation District Act. Provides that the director of procurement and materials management or board of commissioners (rather than only the director) may determine the responsibility of a bidder or reject a bid. Provides additional factors that may be used in determining the responsibility of a bidder. Provides that all bidders must adhere to the project labor agreement, when applicable, including all contractors regardless of whether the bidder will self-perform or not.
  


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A BILL FOR
 

  
SB1689LRB103 26316 AWJ 52677 b


  
1    AN ACT concerning local government.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  
 
 
4    Section 5. The Metropolitan Water Reclamation District Act 
5is amended  by changing Sections 11.11 and 11.12 as follows:
 



6    (70 ILCS 2605/11.11)  (from Ch. 42, par. 331.11)



7    Sec. 11.11. In determining the responsibility of any 
8bidder, the director of procurement and materials management 
9or board of commissioners may take into account any of the 
10following:
11        (1) Financial , in addition to financial 
12    responsibility, past
records of transactions with the 
13    bidder, experience, adequacy of equipment,
ability to 
14    complete performance within a specific time and other 
15    pertinent
factors, including but not limited to whether 
16    the equipment or material
is manufactured in North 
17    America.
18        (2) Previous performance of all public works projects 
19    completed in the past 5 years by the contractor, 
20    including, but not limited to, the name of the public body 
21    and the project, the original contract price, the final 
22    contract price, the names of all subcontractors used, if 
23    any, and a statement as to compliance with completion 
 
 
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1    deadlines.
2        (3) A determination by a court or governmental unit or 
3    agency for violations of federal, state, or local laws, 
4    including, but not limited to, serious, willful, or 
5    repeated violations of the Occupational Safety and Health 
6    Act, violations of contracting or antitrust laws, tax or 
7    licensing laws, environmental laws, or  the federal 
8    Davis-Bacon Act and related Acts. 

9(Source: P.A. 95-923, eff. 1-1-09.)

 



10    (70 ILCS 2605/11.12)  (from Ch. 42, par. 331.12)



11    Sec. 11.12. Any and all bids received in response to an 
12advertisement may
be rejected by the director of procurement 
13and materials management or board of commissioners if the 
14bidders are not deemed
responsible, or the character or 
15quality of the services, supplies,
materials, equipment or 
16labor do not conform to requirements, or if the
public 
17interest may be better served thereby. All bidders must adhere 
18to the project labor agreement, when applicable, including all 
19contractors regardless of whether the bidder will self-perform 
20or not. 

21(Source: P.A. 95-923, eff. 1-1-09.)