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Public Act 102-0138


 

Public Act 0138 102ND GENERAL ASSEMBLY

  
  
  

 


 
Public Act 102-0138
 
SB0085 EnrolledLRB102 04167 AWJ 14184 b

    AN ACT concerning local government.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Fire Protection District Act is amended by
changing Section 11k as follows:
 
    (70 ILCS 705/11k)
    Sec. 11k. Competitive bidding; notice requirements.
    (a) The board of trustees shall have the power to acquire
by gift, legacy, or purchase any personal property necessary
for its corporate purposes provided that all contracts for
supplies, materials, or work involving an expenditure in
excess of $20,000 shall be let to the lowest responsible
bidder after advertising as required under subsection (b) of
this Section. The board is not required to accept a bid that
does not meet the district's established specifications, terms
of delivery, quality, and serviceability requirements.
Contracts which, by their nature, are not adapted to award by
competitive bidding, are not subject to competitive bidding,
including, but not limited to:
        (1) 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;
        (2) contracts for the printing of finance committee
    reports and departmental reports;
        (3) contracts for the printing or engraving of bonds,
    tax warrants, and other evidences of indebtedness;
        (4) 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, or which involve proprietary
    parts or technology not otherwise available;
        (5) 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;
        (6) contracts for duplicating machines and supplies;
        (7) contracts for utility services such as water,
    light, heat, telephone or telegraph;
        (8) contracts for goods or services procured from
    another governmental agency;
        (9) purchases of equipment previously owned by some
    entity other than the district itself; and
        (10) contracts for goods or services which are
    economically procurable from only one source, such as for
    the purchase of magazines, books, periodicals, pamphlets,
    reports, and online subscriptions.
    Contracts for emergency expenditures are also exempt from
competitive bidding when the emergency expenditure is approved
by a vote of 3/4 of the members of the board.
    (b) Except as otherwise provided in subsection (a) of this
Section, all proposals to award contracts involving amounts in
excess of $20,000 shall be published at least 10 days,
excluding Sundays and legal holidays, in advance of the date
announced for the receiving of bids, in a secular English
language newspaper of general circulation throughout the
district. In addition, a fire protection district that has a
website that the full-time staff of the district maintains
shall post notice on its website of all proposals to award
contracts in excess of $20,000. Advertisements for bids shall
describe the character of the proposed contract or agreement
in sufficient detail to enable the bidders thereon to know
what their obligations will be, either in the advertisement
itself, or by reference to detailed plans and specifications
on file at the time of the publication of the first
announcement. Such advertisement shall also state the date,
time and place assigned for the opening of bids, and no bids
shall be received at any time subsequent to the time indicated
in the announcement. All competitive bids for contracts
involving an expenditure in excess of $20,000 must be sealed
by the bidder and must be opened by a member of the board or an
employee of the district at a public bid opening at which the
contents of the bids must be announced. Each bidder must
receive at least 3 days' days notice of the time and place of
the bid opening.
    (c) In addition to contracts entered into under the
Governmental Joint Purchasing Act, a board of trustees may
enter into contracts for supplies, materials, or work
involving an expenditure in excess of $20,000 through
participation in a joint governmental or nongovernmental
purchasing program that requires as part of its selection
procedure a competitive solicitation and procurement process.
    (d) Subject to the exceptions under subsections (a) and
(c), any procurement by a board of trustees involving the
acquisition, by direct or beneficial ownership, of
improvements to real estate by a fire protection district
which results in an expenditure of district funds in excess of
$20,000 must be competitively bid in accordance with the
procedures of subsection (b).
(Source: P.A. 101-41, eff. 7-12-19; 101-139, eff. 7-26-19;
revised 8-19-19.)

Effective Date: 1/1/2022