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Public Act 096-0392
Public Act 0392 96TH GENERAL ASSEMBLY
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Public Act 096-0392 |
HB2362 Enrolled |
LRB096 08525 NHT 18645 b |
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| AN ACT concerning education.
| Be it enacted by the People of the State of Illinois,
| represented in the General Assembly:
| Section 5. The School Code is amended by changing Section | 10-20.21 as follows:
| (105 ILCS 5/10-20.21) (from Ch. 122, par. 10-20.21)
| Sec. 10-20.21. Contracts.
| (a)
To award all contracts for
purchase of supplies, | materials or work or contracts with private carriers
for | transportation of pupils 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: (i) 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; (ii)
contracts for the | printing of finance committee reports and departmental
| reports; (iii) contracts for the printing or engraving of | bonds, tax
warrants and other evidences of indebtedness; (iv) | contracts for the
purchase of perishable foods and perishable | beverages; (v) 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 materials and work, must be revised | causing expenditures
not in excess of 10% of the contract | price; (vi)
contracts for the 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 manufacturer or
authorized service | agent; (vii) purchases and contracts for the use,
purchase, | delivery, movement, or installation of data processing | equipment,
software, or services and telecommunications and | interconnect
equipment, software, and services; (viii) | contracts for duplicating
machines and supplies; (ix) | contracts for the purchase of natural gas when
the cost is less | than that offered by a public utility; (x) purchases of
| equipment previously owned by some entity other than the | district
itself; (xi) 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; (xii) contracts for goods or services | procured
from another governmental agency; (xiii) contracts | for goods or services
which are economically 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;
(xiv) where |
| funds are expended in an emergency and such emergency
| expenditure is approved by 3/4 of the members of the board; and | (xv) State master contracts authorized under Article 28A of | this Code ; and (xvi) contracts providing for the transportation | of pupils with special needs or disabilities, which contracts | must be advertised in the same manner as competitive bids and | awarded by first considering the bidder or bidders most able to | provide safety and comfort for the pupils with special needs or | disabilities, stability of service, and any other factors set | forth in the request for proposal regarding quality of service, | and then price . | 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
school 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 the bid opening. For purposes of this Section due
| 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. State master contracts | and certified education purchasing contracts, as defined in | Article 28A of this Code, are not subject to the requirements | of this paragraph.
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| (b) To require, as a condition of any contract for goods | and services,
that persons
bidding for and awarded a contract | and all affiliates of the person collect and
remit
Illinois Use | Tax on all sales of tangible personal property into the State | of
Illinois in
accordance with the provisions of the Illinois | Use Tax Act regardless of whether
the
person or affiliate is a | "retailer maintaining a place of business within this
State" as
| defined in Section 2 of the Use Tax Act. For purposes of this | Section, the term
"affiliate"
means any entity that (1) | directly, indirectly, or constructively controls
another | entity, (2)
is directly, indirectly, or constructively | controlled by another entity, or (3)
is subject to
the control | of a common entity. For purposes of this subsection (b), an | entity
controls
another entity if it owns, directly or | individually, more than 10% of the
voting
securities
of that | entity. As used in this subsection (b), the term "voting | security"
means a security
that (1) confers upon the holder the | right to vote for the election of members
of the board
of | directors or similar governing body of the business or (2) is | convertible
into, or entitles
the holder to receive upon its | exercise, a security that confers such a right
to
vote. A
| general partnership interest is a voting security.
| To require that bids and contracts include a certification | by the bidder
or
contractor that the bidder or contractor is | not barred from bidding for or
entering into a
contract under | this Section and that the bidder or contractor acknowledges |
| that
the school
board may declare the contract void if the | certification completed pursuant to
this
subsection (b) is | false.
| (b-5) To require all contracts and agreements that pertain | to goods and services and that are intended to generate | additional revenue and other remunerations for the school | district in excess of $1,000, including without limitation | vending machine contracts, sports and other attire, class | rings, and photographic services, to be approved by the school | board. The school board shall file as an attachment to its | annual budget a report, in a form as determined by the State | Board of Education, indicating for the prior year the name of | the vendor, the product or service provided, and the actual net | revenue and non-monetary remuneration from each of the | contracts or agreements. In addition, the report shall indicate | for what purpose the revenue was used and how and to whom the | non-monetary remuneration was distributed.
| (c) If the State education purchasing entity creates a | master contract as defined in Article 28A of this Code, then | the State education purchasing entity shall notify school | districts of the existence of the master contract. | (d) In purchasing supplies, materials, equipment, or | services that are not subject to subsection (c) of this | Section, before a school district solicits bids or awards a | contract, the district may review and consider as a bid under | subsection (a) of this Section certified education purchasing |
| contracts that are already available through the State | education purchasing entity. | (Source: P.A. 94-714, eff. 7-1-06; 95-990, eff. 10-3-08.)
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Effective Date: 1/1/2010
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