Illinois Compiled Statutes
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70 ILCS 200/240-50
(70 ILCS 200/240-50)
All contracts for sale of
property of the value of more than
$10,000 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, 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
telegraph are required.
All contracts involving less than $10,000 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
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 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. 99-642, eff. 7-28-16.)