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Public Act 098-0269
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| HB3067 Enrolled | LRB098 07032 NHT 37091 b |
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AN ACT concerning education.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Public Community College Act is amended by |
changing Section 3-27.1 as follows:
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(110 ILCS 805/3-27.1) (from Ch. 122, par. 103-27.1)
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Sec. 3-27.1. Contracts. To award all contracts for purchase |
of
supplies, materials or work involving an expenditure in |
excess of $25,000 or a lower amount as required by board policy |
to
the lowest responsible bidder considering conformity with |
specifications,
terms of delivery, quality, and |
serviceability; after due advertisement,
except the following: |
(a) contracts for the services of individuals
possessing a high |
degree of professional skill where the ability or fitness
of |
the individual plays an important part; (b) contracts for
the |
printing of finance committee reports and departmental |
reports; (c)
contracts for the printing or engraving of bonds, |
tax warrants and other
evidences of indebtedness; (d) contracts |
for materials and work which
have been awarded to the lowest |
responsible bidder after due advertisement,
but due to |
unforeseen revisions, not the fault of the contractor for
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materials and work, must be revised causing expenditures not in |
excess of
10% of the contract price; (e) contracts for the |
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maintenance or servicing
of, or provision of repair parts for, |
equipment which are made with the
manufacturer or authorized |
service agent of that equipment where the
provision of parts, |
maintenance, or servicing can best be performed by the
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manufacturer or authorized service agent; (f) purchases and |
contracts for
the use, purchase, delivery, movement, or |
installation of data processing
equipment, software, or |
services and telecommunications and inter-connect
equipment, |
software, and services; (g) contracts for duplicating machines
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and supplies; (h) contracts for the purchase of natural gas |
when the cost
is less than that offered by a public utility; |
(i) purchases of equipment
previously owned by some entity |
other than the district itself; (j)
contracts for repair, |
maintenance, remodeling, renovation, or construction,
or a |
single project involving an expenditure not to exceed $50,000 |
and not
involving a change or increase in the size, type, or |
extent of an existing
facility; (k) contracts for goods or |
services procured from another
governmental agency; (l) |
contracts for goods or services which are economically
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procurable from only one source, such as for the purchase of |
magazines,
books, periodicals, pamphlets and reports, and for |
utility services such
as water, light, heat, telephone or |
telegraph; and (m) where funds are
expended in an emergency and |
such emergency expenditure is approved by 3/4
of the members of |
the board; and (n) contracts for the purchase of perishable |
foods and perishable beverages.
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All competitive bids for contracts involving an |
expenditure in excess of
$25,000 or a lower amount as required |
by board policy must be sealed by the bidder and must be opened |
by a member or
employee of the board at a public bid opening at |
which the contents of the
bids must be announced. Each bidder |
must receive at least 3 days' notice of
the time and place of |
such bid opening. For purposes of this Section due
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advertisement includes, but is not limited to, at least one |
public notice
at least 10 days before the bid date in a |
newspaper published in the
district, or if no newspaper is |
published in the district, in a newspaper
of general |
circulation in the area of the district. Electronic bid |
submissions shall be considered a sealed document for |
competitive bid requests if they are received at the designated |
office by the time and date set for receipt for bids. However, |
bids for construction purposes are prohibited from being |
submitted electronically. Electronic bid submissions must be |
authorized by specific language in the bid documents in order |
to be considered and must be opened in accordance with |
electronic security measures in effect at the community college |
at the time of opening. Unless the electronic submission |
procedures provide for a secure receipt, the vendor assumes the |
risk of premature disclosure due to submission in an unsealed |
form.
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The provisions of this Section do not apply to guaranteed |
energy savings
contracts entered into under Article V-A. The |
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provisions of this Section do not prevent a community college |
from complying with the terms and conditions of a grant, gift, |
or bequest that calls for the procurement of a particular good |
or service, provided that the grant, gift, or bequest provides |
all funding for the contract, complies with all applicable |
laws, and does not interfere with or otherwise impair any |
collective bargaining agreements the community college may |
have with labor organizations.
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(Source: P.A. 96-380, eff. 8-13-09; 97-1031, eff. 8-17-12.)
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