Full Text of HB5525 99th General Assembly
HB5525 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 HB5525 Introduced , by Rep. Lawrence M. Walsh, Jr. SYNOPSIS AS INTRODUCED: |
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Amends the Civic Center Code. Provides that contracts for the sale of property with a value greater than $30,000 (currently $10,000) or contracts for supplies, materials, equipment, and services with expenses exceeding $30,000 (currently $10,000) shall be competitively bid. Provides that contracts involved less than $30,000 (currently $10,000) shall be competitively bid whenever possible. Further provides that contracts shall not be split into parts less than $30,000 (currently $10,000) to avoid competitive bidding. Effective immediately.
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| | A BILL FOR |
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| 1 | | AN ACT concerning local government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Civic Center Code is amended by changing | 5 | | Section 280-80 as follows:
| 6 | | (70 ILCS 200/280-80)
| 7 | | Sec. 280-80. Contracts; bidding. All contracts for the
sale | 8 | | of property of the value of more than $30,000
$10,000 or for | 9 | | any concession in or lease of property of the Authority for
a | 10 | | term of more than one year shall be awarded to the highest | 11 | | responsible
bidder, after advertising for bids. All | 12 | | construction contracts and contracts
for supplies, materials, | 13 | | equipment and services, when the expense thereof
will exceed | 14 | | $30,000 $10,000 , shall be let to the lowest responsible bidder, | 15 | | after
advertising for bids excepting (1) when repair parts, | 16 | | accessories, equipment
or services are required for equipment | 17 | | or services previously furnished
or contracted for; (2) when | 18 | | the nature of the services required is such
that competitive | 19 | | bidding is not in the best interest of the public, including,
| 20 | | without limiting the generality of the foregoing, the services | 21 | | of accountants,
architects, attorneys, engineers, physicians, | 22 | | superintendents of construction,
and others possessing a high | 23 | | degree of skill; and (3) when services such as
water, light, |
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| 1 | | heat, power, telephone or telegraph are required.
| 2 | | All contracts involving less than $30,000 $10,000 shall be | 3 | | let by competitive bidding
whenever possible, and in any event | 4 | | in a manner calculated to ensure the
best interests of the | 5 | | public.
| 6 | | Competitive bidding is not required for the lease of real | 7 | | estate or buildings
owned or controlled by the Authority on | 8 | | July 13, 1982 (the effective date of
Public Act 82-786). The | 9 | | Board is empowered to offer such leases upon such terms as it
| 10 | | deems advisable.
| 11 | | In determining the responsibility of any bidder, the Board | 12 | | may take into
account the past record of dealings with the | 13 | | bidder, the bidder's
experience, adequacy of
equipment, and | 14 | | ability to complete performance within the time set, and
other
| 15 | | factors besides financial responsibility, but in no case shall | 16 | | any such
contracts be awarded to any other than the highest | 17 | | bidder (in case of sale,
concession or lease) or the lowest | 18 | | bidder (in case of purchase or expenditure)
unless authorized | 19 | | or approved by a vote of at least three-fourths of the
members | 20 | | of the Board, and unless such action is accompanied by a | 21 | | statement
in writing setting forth the reasons for not awarding | 22 | | the contract to the
highest or lowest bidder, as the case may | 23 | | be, which statement shall be kept
on file in the principal | 24 | | office of the Authority and open to public inspection.
| 25 | | From the group of responsible bidders the lowest bidder | 26 | | shall be selected
in the following manner: to all bids for |
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| 1 | | sales the gross receipts of which
are not taxable under the | 2 | | "Retailers' Occupation Tax Act", approved June
28, 1933, as | 3 | | amended, there shall be added an amount equal to the tax which
| 4 | | would be payable under said Act, if applicable, and the lowest | 5 | | in amount
of said adjusted bids and bids for sales the gross | 6 | | receipts of which are
taxable under said Act shall be | 7 | | considered the lowest bid; provided, that,
if said lowest bid | 8 | | relates to a sale not taxable under said Act, any contract
| 9 | | entered into thereon shall be in the amount of the original bid | 10 | | not adjusted
as aforesaid.
| 11 | | Contracts shall not be split into parts involving | 12 | | expenditures of less
than $30,000 $10,000 for the purposes of | 13 | | avoiding the provisions of this Section,
and all such split | 14 | | contracts shall be void. If any collusion occurs among
bidders | 15 | | or prospective bidders in restraint of freedom of competition, | 16 | | by
agreement to bid a fixed amount or to refrain from bidding | 17 | | or otherwise,
the bids of such bidders shall be void. Each | 18 | | bidder shall accompany his
bid with a sworn statement that he | 19 | | has not been a party to any such agreement.
| 20 | | Members of the Board, officers and employees of the | 21 | | Authority, and their
relatives within the fourth degree of | 22 | | consanguinity by the terms of the
civil law, are forbidden to | 23 | | be interested directly or indirectly in any
contract for | 24 | | construction of maintenance work or for the delivery of | 25 | | materials,
supplies or equipment.
| 26 | | The Board shall have the right to reject all bids and to |
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| 1 | | readvertise for
bids. If after any such advertisement no | 2 | | responsible and satisfactory bid,
within the terms of the | 3 | | advertisement, shall be received, the Board may
award such | 4 | | contract, without competitive bidding, provided that it shall
| 5 | | not be less advantageous to the Authority than any valid bid | 6 | | received pursuant
to advertisement.
| 7 | | The Board shall adopt rules and regulations to carry into | 8 | | effect the
provisions
of this Section.
| 9 | | (Source: P.A. 93-491, eff. 1-1-04.)
| 10 | | Section 99. Effective date. This Act takes effect upon | 11 | | becoming law.
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