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Public Act 098-0269 Public Act 0269 98TH GENERAL ASSEMBLY |
Public Act 098-0269 | HB3067 Enrolled | LRB098 07032 NHT 37091 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 Public Community College Act is amended by | changing Section 3-27.1 as follows:
| (110 ILCS 805/3-27.1) (from Ch. 122, par. 103-27.1)
| 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
| materials and work, must be revised causing expenditures not in | excess of
10% of the contract price; (e) 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; (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
| 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
| 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
| 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.
| The provisions of this Section do not apply to guaranteed | energy savings
contracts entered into under Article V-A. The |
| 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.
| (Source: P.A. 96-380, eff. 8-13-09; 97-1031, eff. 8-17-12.)
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Effective Date: 1/1/2014
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