(70 ILCS 2405/22a.44) (from Ch. 42, par. 317d.45)
Sec. 22a.44.
Acceptance of bid, contract and
forfeiture. Except as otherwise provided in Section 9-2-113
of the Illinois Municipal Code, as now or hereafter amended, the committee
of local improvements may reject
any and all proposals or bids should they deem it best for
the public good. If the committee is of the opinion that a
combination exists between contractors, either to limit the
number of bidders, or to increase the contract price, and
that the lowest bid is made in pursuance thereof, the
committee shall reject all proposals or bids. The committee
may reject the bid of any party who does not have sufficient
financial responsibility, equipment or manpower to perform
the contract, or who has performed unsatisfactorily in
completing other projects for the district. It shall reject
all proposals or bids other than the lowest regular
proposals or bids of any responsible bidder and may award
the contract for the specified work or improvement to the
lowest responsible bidder at the prices named in his bid.
Such an award shall be recorded in the record of its
proceedings. Such an award, if any, shall be made within 90
days after the time fixed for receiving bids or such longer
or shorter period of time as may be specified in the
district's bid documents.
If no award is made within that time, another
advertisement for proposals or bids for the performance of
the work, as in the first instance, may be made, and
thereafter the committee shall proceed in the manner above
provided in this Act. Such a readvertisement shall be
deemed a rejection of all former bids, and thereupon the
bonds corresponding to the bids so rejected shall be
returned to the proper parties. However, the check or bid
bond accompanying any accepted proposal or bid may be
retained in the possession of the district until the
contract for doing the work, as hereinafter provided, has
been entered into by the lowest responsible bidder. But if
that bidder fails, neglects or refuses to enter into a
contract to perform the work or improvement, as provided in
this Act, the bond accompanying his bid and the amount
therein mentioned, shall be declared to be forfeited to the
district and shall be collected by it and paid into its
fund for the repairing and maintenance of like improvements.
Any bond forfeited may be prosecuted and the amount due
thereon collected and paid into the same fund.
(Source: P.A. 85-1137.)
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