Illinois Compiled Statutes
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105 ILCS 5/10-20.21
(105 ILCS 5/10-20.21)
To award all contracts for
purchase of supplies and materials or work involving an expenditure in excess of $25,000 or a lower amount as required by board policy
to the lowest responsible bidder, considering conformity with
specifications, terms of delivery, quality and serviceability, after due
advertisement, except the following: (i) contracts for the services of
individuals possessing a high degree of professional skill where the
ability or fitness of the individual plays an important part; (ii)
contracts for the printing of finance committee reports and departmental
reports; (iii) contracts for the printing or engraving of bonds, tax
warrants and other evidences of indebtedness; (iv) contracts for the
purchase of perishable foods and perishable beverages; (v) contracts for
materials and work which have been awarded to the lowest responsible bidder
after due advertisement, but due to unforeseen revisions, not the fault of
the contractor for materials and work, must be revised causing expenditures
not in excess of 10% of the contract price; (vi)
contracts for the maintenance or servicing of, or provision of
repair parts for, equipment which are made with the manufacturer or
authorized service agent of that equipment where the provision of parts,
maintenance, or servicing can best be performed by the manufacturer or
authorized service agent; (vii) purchases and contracts for the use,
purchase, delivery, movement, or installation of data processing equipment,
software, or services and telecommunications and interconnect
equipment, software, and services; (viii) contracts for duplicating
machines and supplies; (ix) contracts for the purchase of fuel, including diesel, gasoline, oil, aviation, natural gas, or propane, lubricants, or other petroleum products; (x) purchases of
equipment previously owned by some entity other than the district
itself; (xi) contracts for repair, maintenance, remodeling, renovation, or
construction, or a single project involving an expenditure not to exceed
$50,000 and not involving a change or increase in the size, type, or extent
of an existing facility; (xii) contracts for goods or services procured
from another governmental agency; (xiii) contracts for goods or services
which are economically procurable from only one source, such as for the
purchase of magazines, books, periodicals, pamphlets and reports, and for
utility services such as water, light, heat, telephone or telegraph;
(xiv) where funds are expended in an emergency and such emergency
expenditure is approved by 3/4 of the members of the board; (xv) State master contracts authorized under Article 28A of this Code; and (xvi) contracts providing for the transportation of pupils, which contracts must be advertised in the same manner as competitive bids and awarded by first considering the bidder or bidders most able to provide safety and comfort for the pupils, stability of service, and any other factors set forth in the request for proposal regarding quality of service, and then price. However, at no time shall a cause of action lie against a school board for awarding a pupil transportation contract per the standards set forth in this subsection (a) unless the cause of action is based on fraudulent conduct.
bids for contracts involving an expenditure in excess of $25,000 or a lower amount as required by board policy must be
sealed by the bidder and must be opened by a member or employee of the
school board at a public bid opening at which the contents of the bids
must be announced. Each bidder must receive at least 3 days' notice of the
time and place of the bid opening. For purposes of this Section due
advertisement includes, but is not limited to, at least one public notice
at least 10 days before the bid date in a newspaper published in the
district, or if no newspaper is published in the district, in a newspaper
of general circulation in the area of the district. State master contracts and certified education purchasing contracts, as defined in Article 28A of this Code, are not subject to the requirements of this paragraph.
Under this Section, the acceptance of bids sealed by a bidder and the opening of these bids at a public bid opening may be permitted by an electronic process for communicating, accepting, and opening competitive bids. An electronic bidding process must provide for, but is not limited to, the following safeguards:
(1) On the date and time certain of a bid opening,
the primary person conducting the competitive, sealed, electronic bid process shall log onto a specified database using a unique username and password previously assigned to the bidder to allow access to the bidder's specific bid project number.
(2) The specified electronic database must be on a
network that (i) is in a secure environment behind a firewall; (ii) has specific encryption tools; (iii) maintains specific intrusion detection systems; (iv) has redundant systems architecture with data storage back-up, whether by compact disc or tape; and (v) maintains a disaster recovery plan.
It is the legislative intent of Public Act 96-841 to maintain the integrity of the sealed bidding process provided for in this Section, to further limit any possibility of bid-rigging, to reduce administrative costs to school districts, and to effect efficiencies in communications with bidders.
(b) To require, as a condition of any contract for goods and services,
bidding for and awarded a contract and all affiliates of the person collect and
Illinois Use Tax on all sales of tangible personal property into the State of
accordance with the provisions of the Illinois Use Tax Act regardless of whether
person or affiliate is a "retailer maintaining a place of business within this
defined in Section 2 of the Use Tax Act. For purposes of this Section, the term
means any entity that (1) directly, indirectly, or constructively controls
another entity, (2)
is directly, indirectly, or constructively controlled by another entity, or (3)
is subject to
the control of a common entity. For purposes of this subsection (b), an entity
another entity if it owns, directly or individually, more than 10% of the
of that entity. As used in this subsection (b), the term "voting security"
means a security
that (1) confers upon the holder the right to vote for the election of members
of the board
of directors or similar governing body of the business or (2) is convertible
into, or entitles
the holder to receive upon its exercise, a security that confers such a right
general partnership interest is a voting security.
To require that bids and contracts include a certification by the bidder
contractor that the bidder or contractor is not barred from bidding for or
entering into a
contract under this Section and that the bidder or contractor acknowledges that
board may declare the contract void if the certification completed pursuant to
subsection (b) is false.
(b-5) To require all contracts and agreements that pertain to goods and services and that are intended to generate additional revenue and other remunerations for the school district in excess of $1,000, including without limitation vending machine contracts, sports and other attire, class rings, and photographic services, to be approved by the school board. The school board shall file as an attachment to its annual budget a report, in a form as determined by the State Board of Education, indicating for the prior year the name of the vendor, the product or service provided, and the actual net revenue and non-monetary remuneration from each of the contracts or agreements. In addition, the report shall indicate for what purpose the revenue was used and how and to whom the non-monetary remuneration was distributed.
(b-10) To prohibit any contract to purchase food with a bidder or offeror if the bidder's or offeror's contract terms prohibit the school from donating food to food banks, including, but not limited to, homeless shelters, food pantries, and soup kitchens.
(c) If the State education purchasing entity creates a master contract as defined in Article 28A of this Code, then the State education purchasing entity shall notify school districts of the existence of the master contract.
(d) In purchasing supplies, materials, equipment, or services that are not subject to subsection (c) of this Section, before a school district solicits bids or awards a contract, the district may review and consider as a bid under subsection (a) of this Section certified education purchasing contracts that are already available through the State education purchasing entity.
(Source: P.A. 101-570, eff. 8-23-19; 101-632, eff. 6-5-20.)