Illinois General Assembly - Illinois Compiled Statutes

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70 ILCS 2605/11.3

    (70 ILCS 2605/11.3) (from Ch. 42, par. 331.3)
    (Text of Section before amendment by P.A. 103-865)
    Sec. 11.3.

Except as provided in Sections 11.4 and 11.5, all purchase
orders or contracts involving amounts in excess of the mandatory competitive
bid
threshold
and made by or on behalf of the sanitary district for labor, services or work,
the
purchase, lease or sale of personal property, materials, equipment or
supplies, or the granting of any concession, shall be let by free and
open competitive bidding after advertisement, to the lowest responsible
bidder or to the highest responsible bidder, as the case may be,
depending upon whether the sanitary district is to expend or receive
money.

All such purchase orders or contracts which shall involve amounts
that will not exceed the mandatory competitive bid
threshold, shall also be let in the manner prescribed
above whenever practicable, except that after solicitation of bids, such
purchase orders or contracts may be let in the open market, in a manner
calculated to insure the best interests of the public. The provisions of
this section are subject to any contrary provisions contained in "An Act
concerning the use of Illinois mined coal in certain plants and institutions",
filed July 13, 1937, as heretofore and hereafter amended.
For purposes of this Section, the "mandatory competitive bid threshold" is a
dollar
amount equal to 0.1% of the total general fixed assets of the district as
reported in the
most recent required audit report.  In no event, however, shall the mandatory
competitive
bid threshold dollar amount be less than $10,000 or more than $40,000.

If a unit of local government performs non-emergency construction, alteration, repair, improvement, or maintenance work on the public way, the sanitary district may enter into an intergovernmental agreement with the unit of local government allowing similar construction work to be performed by the sanitary district on the same project, in an amount no greater than $100,000, to save taxpayer funds and eliminate duplication of government effort. The sanitary district and the other unit of local government shall,  before work is performed by either unit of local government on a project, adopt a resolution by a majority vote of both governing bodies certifying work will occur at a specific location, the reasons why both units of local government require work to be performed in the same location, and the projected cost savings if work is performed by both units of local government on the same project.  Officials or employees of the sanitary district may, if authorized by resolution, purchase in the open market any supplies, materials, equipment, or services for use within the project in an amount no greater than $100,000 without advertisement or without filing a requisition or estimate. A full written account of each project performed by the sanitary district and a requisition for the materials, supplies, equipment, and services used by the sanitary district required to complete the project must be submitted by the officials or employees authorized to make purchases to the board of trustees of the sanitary district no later than 30 days after purchase. The full written account must be available for public inspection for at least one year after expenditures are made.

Notwithstanding the provisions of this Section, the sanitary district is
expressly authorized to establish such procedures as it deems appropriate
to comply with state or federal regulations as to affirmative action and
the utilization of small and minority businesses in construction and
procurement
contracts.

(Source: P.A. 100-882, eff. 8-14-18.)

(Text of Section after amendment by P.A. 103-865)
Sec. 11.3.

Except as provided in Sections 11.4 and 11.5, all purchase orders or contracts involving amounts in excess of the mandatory competitive bid threshold and made by or on behalf of the sanitary district for labor, services or work, the purchase, lease or sale of personal property, materials, equipment or supplies, or the granting of any concession, shall be let by free and open competitive bidding after advertisement, to the lowest responsible bidder or to the highest responsible bidder, as the case may be, depending upon whether the sanitary district is to expend or receive money.

All such purchase orders or contracts which shall involve amounts that will not exceed the mandatory competitive bid threshold, shall also be let in the manner prescribed above whenever practicable, except that after solicitation of bids, such purchase orders or contracts may be let in the open market, in a manner calculated to insure the best interests of the public. The provisions of this section are subject to any contrary provisions contained in "An Act concerning the use of Illinois mined coal in certain plants and institutions", filed July 13, 1937, as heretofore and hereafter amended. For purposes of this Section, the "mandatory competitive bid threshold" is a dollar amount equal to 0.1% of the total general fixed assets of the district as reported in the most recent required audit report. In no event, however, shall the mandatory competitive bid threshold dollar amount be less than $60,000.

If a unit of local government performs non-emergency construction, alteration, repair, improvement, or maintenance work on the public way, the sanitary district may enter into an intergovernmental agreement with the unit of local government allowing similar construction work to be performed by the sanitary district on the same project, in an amount no greater than $100,000, to save taxpayer funds and eliminate duplication of government effort. The sanitary district and the other unit of local government shall, before work is performed by either unit of local government on a project, adopt a resolution by a majority vote of both governing bodies certifying work will occur at a specific location, the reasons why both units of local government require work to be performed in the same location, and the projected cost savings if work is performed by both units of local government on the same project. Officials or employees of the sanitary district may, if authorized by resolution, purchase in the open market any supplies, materials, equipment, or services for use within the project in an amount no greater than $100,000 without advertisement or without filing a requisition or estimate. A full written account of each project performed by the sanitary district and a requisition for the materials, supplies, equipment, and services used by the sanitary district required to complete the project must be submitted by the officials or employees authorized to make purchases to the board of trustees of the sanitary district no later than 30 days after purchase. The full written account must be available for public inspection for at least one year after expenditures are made.

Notwithstanding the provisions of this Section, the sanitary district is expressly authorized to establish such procedures as it deems appropriate to comply with state or federal regulations as to affirmative action and the utilization of small and minority businesses in construction and procurement contracts.

(Source: P.A. 103-865, eff. 1-1-25.)