(70 ILCS 200/215-55)
Sec. 215-55.
Contracts.
All contracts for the
sale of property of the value of more than
$10,000 or for any 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 or 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
public.
In determining the responsibility of any bidder, the Board may take into
account the past record of dealings with the bidder, the bidder's
experience, adequacy
of equipment, and 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 a vote of at least
three-fourths of the members of the Board, 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. 93-491, eff. 1-1-04.)
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