Illinois General Assembly - Full Text of SB0085
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Full Text of SB0085  102nd General Assembly




SB0085 EnrolledLRB102 04167 AWJ 14184 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 Fire Protection District Act is amended by
5changing Section 11k as follows:
6    (70 ILCS 705/11k)
7    Sec. 11k. Competitive bidding; notice requirements.
8    (a) The board of trustees shall have the power to acquire
9by gift, legacy, or purchase any personal property necessary
10for its corporate purposes provided that all contracts for
11supplies, materials, or work involving an expenditure in
12excess of $20,000 shall be let to the lowest responsible
13bidder after advertising as required under subsection (b) of
14this Section. The board is not required to accept a bid that
15does not meet the district's established specifications, terms
16of delivery, quality, and serviceability requirements.
17Contracts which, by their nature, are not adapted to award by
18competitive bidding, are not subject to competitive bidding,
19including, but not limited to:
20        (1) contracts for the services of individuals
21    possessing a high degree of professional skill where the
22    ability or fitness of the individual plays an important
23    part;



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1        (2) contracts for the printing of finance committee
2    reports and departmental reports;
3        (3) contracts for the printing or engraving of bonds,
4    tax warrants, and other evidences of indebtedness;
5        (4) contracts for the maintenance or servicing of, or
6    provision of repair parts for, equipment which are made
7    with the manufacturer or authorized service agent of that
8    equipment where the provision of parts, maintenance, or
9    servicing can best be performed by the manufacturer or
10    authorized service agent, or which involve proprietary
11    parts or technology not otherwise available;
12        (5) purchases and contracts for the use, purchase,
13    delivery, movement, or installation of data processing
14    equipment, software, or services and telecommunications
15    and interconnect equipment, software, and services;
16        (6) contracts for duplicating machines and supplies;
17        (7) contracts for utility services such as water,
18    light, heat, telephone or telegraph;
19        (8) contracts for goods or services procured from
20    another governmental agency;
21        (9) purchases of equipment previously owned by some
22    entity other than the district itself; and
23        (10) contracts for goods or services which are
24    economically procurable from only one source, such as for
25    the purchase of magazines, books, periodicals, pamphlets,
26    reports, and online subscriptions.



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1    Contracts for emergency expenditures are also exempt from
2competitive bidding when the emergency expenditure is approved
3by a vote of 3/4 of the members of the board.
4    (b) Except as otherwise provided in subsection (a) of this
5Section, all proposals to award contracts involving amounts in
6excess of $20,000 shall be published at least 10 days,
7excluding Sundays and legal holidays, in advance of the date
8announced for the receiving of bids, in a secular English
9language newspaper of general circulation throughout the
10district. In addition, a fire protection district that has a
11website that the full-time staff of the district maintains
12shall post notice on its website of all proposals to award
13contracts in excess of $20,000. Advertisements for bids shall
14describe the character of the proposed contract or agreement
15in sufficient detail to enable the bidders thereon to know
16what their obligations will be, either in the advertisement
17itself, or by reference to detailed plans and specifications
18on file at the time of the publication of the first
19announcement. Such advertisement shall also state the date,
20time and place assigned for the opening of bids, and no bids
21shall be received at any time subsequent to the time indicated
22in the announcement. All competitive bids for contracts
23involving an expenditure in excess of $20,000 must be sealed
24by the bidder and must be opened by a member of the board or an
25employee of the district at a public bid opening at which the
26contents of the bids must be announced. Each bidder must



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1receive at least 3 days' days notice of the time and place of
2the bid opening.
3    (c) In addition to contracts entered into under the
4Governmental Joint Purchasing Act, a board of trustees may
5enter into contracts for supplies, materials, or work
6involving an expenditure in excess of $20,000 through
7participation in a joint governmental or nongovernmental
8purchasing program that requires as part of its selection
9procedure a competitive solicitation and procurement process.
10    (d) Subject to the exceptions under subsections (a) and
11(c), any procurement by a board of trustees involving the
12acquisition, by direct or beneficial ownership, of
13improvements to real estate by a fire protection district
14which results in an expenditure of district funds in excess of
15$20,000 must be competitively bid in accordance with the
16procedures of subsection (b).
17(Source: P.A. 101-41, eff. 7-12-19; 101-139, eff. 7-26-19;
18revised 8-19-19.)