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90_HB2894
70 ILCS 2605/11.3 from Ch. 42, par. 331.3
70 ILCS 2605/11.6 from Ch. 42, par. 331.6
70 ILCS 2605/11.7 from Ch. 42, par. 331.7
70 ILCS 2605/11.10 from Ch. 42, par. 331.10
Amends the Metropolitan Water Reclamation District Act.
Provides that purchase orders or contracts in excess of
$20,000 (now $10,000) for materials, equipment, or supplies
shall be let by competitive bidding. Provides that purchase
orders or contracts for materials, equipment, or supplies
involving amounts of $20,000 (now $10,000) or less, or
purchase orders or contracts for labor, services or work,
construction, the lease or sale of personal property, or the
granting of any concession involving amounts of $10,000 or
less shall be let by a Purchasing Agent soliciting bids from
at least 3 vendors whenever practicable (now let in the open
market in a manner calculated to insure the best interests of
the public). Provides that requests involving amounts in
excess of $10,000 or $20,000 for materials, equipment, or
supplies shall not be partitioned or split in order to evade
competitive bidding requirements. Provides that contracts in
excess of $10,000 for labor, services or work, the lease or
sale of personal property, or the granting of any concession
and every contract or purchase order involving amounts in
excess of $20,000 for materials, equipment, or supplies (now
contracts or purchase orders in excess of $10,000) shall be
signed by an officer of the board of commissioners, the
general superintendent, the clerk, and the purchasing
officer. Makes other changes. Effective immediately.
LRB9008839KDcd
LRB9008839KDcd
1 AN ACT concerning sanitary districts.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Metropolitan Water Reclamation District
5 Act is amended by changing Sections 11.3, 11.6, 11.7, and
6 11.10 as follows:
7 (70 ILCS 2605/11.3) (from Ch. 42, par. 331.3)
8 Sec. 11.3. Except as provided in Sections 11.4 and 11.5,
9 all purchase orders or contracts involving amounts in excess
10 of $10,000 and made by or on behalf of the sanitary district
11 for labor, services or work, construction, the purchase,
12 lease or sale of personal property, materials, equipment or
13 supplies, or the granting of any concession, shall be let by
14 free and open competitive bidding after advertisement, to the
15 lowest responsible bidder or to the highest responsible
16 bidder, as the case may be, depending upon whether the
17 sanitary district is to expend or receive money.
18 Except as provided in Sections 11.4 and 11.5, all
19 purchase orders or contracts involving amounts in excess of
20 $20,000 and made by or on behalf of the sanitary district for
21 materials, equipment, or supplies shall be let by free and
22 open competitive bidding after advertisement.
23 All purchase orders or contracts that involve amounts of
24 $10,000 or less for labor, services or work, construction,
25 the lease or sale of personal property, or the granting of
26 any concession shall be let by the Purchasing Agent
27 soliciting bids from at least 3 vendors whenever practicable.
28 All purchase orders or contracts involving amounts of
29 $20,000 or less for materials, equipment, or supplies shall
30 be let by the Purchasing Agent soliciting bids from at least
31 3 vendors.
-2- LRB9008839KDcd
1 All such purchase orders or contracts which shall involve
2 amounts of $10,000 or less, shall also be let in the manner
3 prescribed above whenever practicable, except that after
4 solicitation of bids, such purchase orders or contracts may
5 be let in the open market, in a manner calculated to insure
6 the best interests of the public. The provisions of this
7 Section are subject to any contrary provisions contained in
8 "An Act concerning the use of Illinois Mined Coal Act in
9 certain plants and institutions", filed July 13, 1937, as
10 heretofore and hereafter amended.
11 Notwithstanding the provisions of this Section, the
12 sanitary district is expressly authorized to establish such
13 procedures as it deems appropriate to comply with state or
14 federal regulations as to affirmative action and the
15 utilization of small and minority businesses in construction
16 and procurement contracts.
17 (Source: P.A. 83-835.)
18 (70 ILCS 2605/11.6) (from Ch. 42, par. 331.6)
19 Sec. 11.6. The head of each department shall notify the
20 purchasing agent of those officers and employees authorized
21 to sign requests for purchases. Requests for purchases shall
22 be void unless executed by an authorized officer or employee
23 and approved by the purchasing agent. Requests for purchases
24 may be executed, approved and signed manually or
25 electronically.
26 Officials and employees making requests for purchases
27 shall not split or otherwise partition for the purpose of
28 evading the competitive bidding requirements of this Act, any
29 undertaking involving amounts in excess of $10,000 or $20,000
30 as provided in Section 11.3.
31 (Source: P.A. 87-1125.)
32 (70 ILCS 2605/11.7) (from Ch. 42, par. 331.7)
-3- LRB9008839KDcd
1 Sec. 11.7. All proposals to award purchase orders or
2 contracts involving amounts in excess of $10,000 for labor,
3 service or work, construction, the lease or sale of personal
4 property, or the granting of any concession and all proposals
5 to award purchase orders or contracts involving amounts in
6 excess of $20,000 for furnishing materials, equipment, or
7 supplies All proposals to award purchase orders or contracts
8 involving amounts in excess of $10,000 shall be published at
9 least 12 calendar days in advance of the date announced for
10 the receiving of bids, in a secular English language
11 newspaper of general circulation in said sanitary district
12 and shall be posted simultaneously on readily accessible
13 bulletin boards in the principal office of the sanitary
14 district. Nothing contained in this section shall be
15 construed to prohibit the placing of additional
16 advertisements in recognized trade journals. Advertisements
17 for bids shall describe the character of the proposed
18 contract or agreement in sufficient detail either in the
19 advertisement itself or by reference to plans, specifications
20 or other detail on file at the time of publication of the
21 first announcement, to enable the bidders to know what their
22 obligation will be. The advertisement shall also state the
23 date, time and place assigned for the opening of bids. No
24 bids shall be received at any time subsequent to the time
25 indicated in the announcement; however, an extension of time
26 may be granted for the opening of such bids upon publication
27 in the same newspaper of general circulation in said sanitary
28 district stating the date to which bid opening has been
29 extended. The time of the extended bid opening shall not be
30 less than 5 days after publication, Sundays and legal
31 holidays excluded.
32 Cash, cashier's check or a certified check payable to the
33 clerk and drawn upon a bank, as a deposit of good faith, in a
34 reasonable amount not in excess of 10% of the contract
-4- LRB9008839KDcd
1 amount, may be required of each bidder by the purchasing
2 agent on all bids involving amounts in excess of $10,000 for
3 labor, services or work, construction, the lease or sale of
4 personal property, or the granting of any concession and on
5 all bids involving amounts in excess of $20,000 for
6 furnishing materials, equipment, or supplies. If a deposit is
7 required, the advertisement for bids shall so specify.
8 Instead of a deposit, the purchasing agent may allow the use
9 of a bid bond if the bond is issued by a surety company that
10 is listed in the Federal Register and is authorized to do
11 business in the State of Illinois.
12 (Source: P.A. 89-89, eff. 6-30-95.)
13 (70 ILCS 2605/11.10) (from Ch. 42, par. 331.10)
14 Sec. 11.10. Every contract or purchase order involving
15 amounts in excess of $10,000 for labor, services or work,
16 construction, the lease or sale of personal property, or the
17 granting of any concession and every contract or purchase
18 order involving amounts in excess of $20,000 for materials,
19 equipment, or supplies shall be signed by the president or
20 other duly authorized officer of the board of commissioners,
21 by the general superintendent, by the clerk and by the
22 purchasing agent. Each bid with the name of the bidder shall
23 be entered upon a record which shall be open to public
24 inspection in the office of the purchasing agent. After the
25 award is made, the bids shall be entered in the official
26 records of the board of commissioners.
27 All purchase orders or contracts involving amounts of
28 $10,000 or less for labor, services or work, construction,
29 the lease or sale of personal property, or the granting of
30 any concession and all purchase orders or contracts involving
31 amounts of $20,000 or less for materials, equipment, or
32 supplies shall be let by the purchasing agent. They shall be
33 signed by the purchasing agent and the clerk. All records
-5- LRB9008839KDcd
1 pertaining to such awards shall be open to public inspection
2 for a period of at least one year subsequent to the date of
3 the award.
4 An official copy of each awarded purchase order or
5 contract together with all necessary attachments thereto,
6 including assignments and written consent of the purchasing
7 agent shall be retained by the purchasing agent in an
8 appropriate file open to the public for such period of time
9 after termination of contract during which action against the
10 municipality might ensue under applicable laws of limitation.
11 Certified copies of all completed contracts and purchase
12 orders shall be filed with the clerk. After the appropriate
13 period, purchase orders, contracts and attachments in the
14 clerk's possession may be destroyed by direction of the
15 purchasing agent.
16 The provisions of this Act are not applicable to joint
17 purchases of personal property, supplies and services made by
18 governmental units in accordance with Sections 1 through 5 of
19 "An Act authorizing certain governmental units to purchase
20 personal property, supplies and services jointly," approved
21 August 15, 1961.
22 (Source: P.A. 83-835.)
23 Section 99. Effective date. This Act takes effect upon
24 becoming law.