(70 ILCS 2405/11)
(from Ch. 42, par. 310)
Except as otherwise hereinafter provided, all contracts for
purchases or sales by a sanitary district organized under this Act, the expense
of which will exceed
the mandatory competitive bid threshold, shall be let to the
lowest responsible bidder therefor upon not
less than 14 days' public notice of the terms and conditions upon which the
contract is to be let, having been given by publication in a newspaper of
general circulation published in the district, and the board may reject any
and all bids, and readvertise.
In determining the lowest responsible bidder, the board shall take into
consideration the qualities and serviceability of the articles supplied, their
conformity with specifications, their suitability to the requirements of the
district, the availability of support services, the uniqueness of the service,
materials, equipment, or supplies as it applies to network integrated computer
systems, the compatibility of the service, materials, equipment or supplies
with existing equipment, and the delivery terms. Contracts for services in
excess of the mandatory competitive bid threshold may, subject
to the provisions of this Section, be let by
competitive bidding at the discretion of the district board of trustees.
Cash, a cashier's check, a certified check, or a bid bond with adequate
approved by the board of trustees as a deposit of good faith, in a reasonable
amount, but not in excess of 10% of the contract amount, may be required of
each bidder by the district on all bids involving amounts in excess of
mandatory competitive bid threshold and, if so required, the advertisement for
bids shall so specify.
All contracts for purchases or sales that will not exceed the mandatory
competitive bid threshold may be made
in the open market without publication in a newspaper as above provided,
but whenever practical shall be based on at least 3 competitive bids. For
purposes of this Section, the "mandatory competitive bid threshold"
is a dollar amount equal to 0.1% of the total general fixed
assets of the district as reported in the most recent required audit report.
no event, however, shall the mandatory competitive bid threshold dollar amount
be less than $10,000, nor more than $40,000.
If a unit of local government performs non-emergency construction, alteration, repair, improvement, or maintenance work on the public way, the sanitary district may enter into an intergovernmental agreement with the unit of local government allowing similar construction work to be performed by the sanitary district on the same project, in an amount no greater than $100,000, to save taxpayer funds and eliminate duplication of government effort. The sanitary district and the other unit of local government shall, before work is performed by either unit of local government on a project, adopt a resolution by a majority vote of both governing bodies certifying work will occur at a specific location, the reasons why both units of local government require work to be performed in the same location, and the projected cost savings if work is performed by both units of local government on the same project. Officials or employees of the sanitary district may, if authorized by resolution, purchase in the open market any supplies, materials, equipment, or services for use within the project in an amount no greater than $100,000 without advertisement or without filing a requisition or estimate. A full written account of each project performed by the sanitary district and a requisition for the materials, supplies, equipment, and services used by the sanitary district required to complete the project must be submitted by the officials or employees authorized to make purchases to the board of trustees of the sanitary district no later than 30 days after purchase. The full written account must be available for public inspection for at least one year after expenditures are made.
Contracts which by their nature are not adapted to award by competitive
bidding, including, without limitation, contracts for the services of
individuals, groups or firms possessing a high degree of professional skill
where the ability or fitness of the individual or organization plays an
important part, contracts for financial management services undertaken
pursuant to "An Act relating to certain investments of public funds by
public agencies", approved July 23, 1943, as now or hereafter amended,
contracts for the purchase or sale of utilities, contracts for materials
economically procurable only from a single source of supply, contracts for
the use, purchase, delivery, movement, or installation of
data processing equipment, software, or services and telecommunications and
interconnect equipment, software, or services, contracts for duplicating
machines and supplies, contracts for goods or services procured from another
governmental agency, purchases of equipment previously owned by an entity
other than the district itself, and leases of
real property where the sanitary district is the lessee shall not be
subject to the competitive bidding requirements of this Section.
The competitive bidding requirements of this Section do not apply to
contracts for construction of a facility or structure for the sanitary district
when the facility or structure will be designed, built, and tested before being
conveyed to the sanitary district.
The competitive bidding requirements of this Section do not apply to
contracts, including contracts for both materials and services incidental
thereto, for the repair or replacement of a sanitary district's treatment
plant, sewers, equipment, or facilities damaged or destroyed as the result of a
sudden or unexpected occurrence, including, but not limited to, a flood, fire,
tornado, earthquake, storm, or other natural or man-made disaster, if the
board of trustees determines in writing that the awarding of those contracts
without competitive bidding is reasonably necessary for the sanitary district
to maintain compliance with a permit issued under the National Pollution
Discharge Elimination System (NPDES) or any successor system or with any
outstanding order relating to that compliance issued by the United States
Environmental Protection Agency, the Illinois Environmental Protection Agency,
or the Illinois Pollution Control Board. The authority to issue contracts
without competitive bidding pursuant to this paragraph expires 6 months after
the date of the writing determining that the awarding of contracts without
competitive bidding is reasonably necessary.
Where the board of trustees declares, by a 2/3 vote of all members of the
board, that there exists an emergency affecting the public health or safety,
contracts totaling not more than the emergency contract cap may
be let to the extent necessary to
resolve such emergency without public advertisement or competitive bidding.
For purposes of this Section, the "emergency contract cap" is a dollar
amount equal to 0.4% of the total general fixed assets of
district as reported in the most recent required audit report.
In no event,
however, shall the emergency contract cap dollar amount be less than $40,000,
nor more than $100,000.
The ordinance or resolution embodying the
emergency declaration shall contain the date upon which such emergency will
terminate. The board of trustees may extend the termination
date if in its judgment the circumstances so require. A full written account
of the emergency, together with a requisition for the materials, supplies,
labor or equipment required therefor shall be submitted immediately upon
completion and shall be open to public inspection for a period of at least
one year subsequent to the date of such emergency purchase.
Within 30 days after the passage of the resolution or ordinance declaring an
affecting the public health or safety, the District shall submit to the
Environmental Protection Agency the full written account of any such emergency
with a copy of the resolution or ordinance declaring the emergency, in
requirements as may be provided by rule.
A contract for any work or other public improvement, to be paid for in
whole or in part by special assessment or special taxation, shall be entered into and the
performance thereof controlled by Division 2 of Article 9 of the "Illinois
Municipal Code", approved May 29, 1961, as heretofore and hereafter
amended, as near as may be. The contracts may be let for making proper
and suitable connections between the mains and outlets of the respective
sewers in the district with any conduit, conduits, main pipe or pipes that
may be constructed by such sanitary district.
(Source: P.A. 100-882, eff. 8-14-18.)