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| Public Act 097-1031 | ||||
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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 | ||||
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.
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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 | ||
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. 95-990, eff. 10-3-08; 96-380, eff. 8-13-09.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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