(70 ILCS 200/2-125)
Contracts; award to other than highest or lowest bidder by
vote of 5 Board members.
All contracts for the sale of property of the value of more
than $10,000 or for a concession in or lease of property,
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
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.
Competitive bidding is not required for the lease of real estate or
buildings owned or controlled by the Authority. The Board is empowered to
offer such leases upon such terms as it deems advisable.
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 5 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.
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.)