CIVIC CENTER-BIDDING THRESHOLD

Illinois General Assembly - Full Text of HB4647

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Full Text of HB4647

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HB4647 - 104th General Assembly

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HB4647 Engrossed
LRB104 16678 RTM 30082 b
1

AN ACT concerning local government.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 5.
The Civic Center Code is amended by changing
5
Section 280-80 as follows:

6

(70 ILCS 200/280-80)
7

Sec. 280-80.
Contracts; bidding.
All contracts for the
8
sale of property of the value of more than
the small purchase
9
maximum under Section 20-20 of the Illinois Procurement Code

10
$10,000
or for any concession in or lease of property of the
11
Authority for a term of more than one year shall be awarded to
12
the highest responsible bidder, after advertising for bids.
13
All construction contracts and contracts for supplies,
14
materials, equipment and services, when the expense thereof
15
will exceed
the small purchase maximum under Section 20-20 of
16
the Illinois Procurement Code

$10,000
, shall be let to the
17
lowest responsible bidder, after advertising for bids
18
excepting (1) when repair parts, accessories, equipment or
19
services are required for equipment or services previously
20
furnished or contracted for; (2) when the nature of the
21
services required is such that competitive bidding is not in
22
the best interest of the public, including, without limiting
23
the generality of the foregoing, the services of accountants,

HB4647 Engrossed
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LRB104 16678 RTM 30082 b
1
architects, attorneys, engineers, physicians, superintendents
2
of construction, and others possessing a high degree of skill;
3
and (3) when services such as water, light, heat, power,
4
telephone or telegraph are required.
5

All contracts involving less than
the small purchase
6
maximum under Section 20-20 of the Illinois Procurement Code

7
$10,000
shall be let by competitive bidding whenever possible,
8
and in any event in a manner calculated to ensure the best
9
interests of the public.
10

Competitive bidding is not required for the lease of real
11
estate or buildings owned or controlled by the Authority on
12
July 13, 1982 (the effective date of Public Act 82-786). The
13
Board is empowered to offer such leases upon such terms as it
14
deems advisable.
15

In determining the responsibility of any bidder, the Board
16
may take into account the past record of dealings with the
17
bidder, the bidder's experience, adequacy of equipment, and
18
ability to complete performance within the time set, and other
19
factors besides financial responsibility, but in no case shall
20
any such contracts be awarded to any other than the highest
21
bidder (in case of sale, concession or lease) or the lowest
22
bidder (in case of purchase or expenditure) unless authorized
23
or approved by a vote of at least three-fourths of the members
24
of the Board, and unless such action is accompanied by a
25
statement in writing setting forth the reasons for not
26
awarding the contract to the highest or lowest bidder, as the

HB4647 Engrossed
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LRB104 16678 RTM 30082 b
1
case may be, which statement shall be kept on file in the
2
principal office of the Authority and open to public
3
inspection.
4

From the group of responsible bidders the lowest bidder
5
shall be selected in the following manner: to all bids for
6
sales the gross receipts of which are not taxable under the
7
"Retailers' Occupation Tax Act", approved June 28, 1933, as
8
amended, there shall be added an amount equal to the tax which
9
would be payable under said Act, if applicable, and the lowest
10
in amount of said adjusted bids and bids for sales the gross
11
receipts of which are taxable under said Act shall be
12
considered the lowest bid; provided, that, if said lowest bid
13
relates to a sale not taxable under said Act, any contract
14
entered into thereon shall be in the amount of the original bid
15
not adjusted as aforesaid.
16

Contracts shall not be split into parts involving
17
expenditures of less than
the small purchase maximum under
18
Section 20-20 of the Illinois Procurement Code

$10,000
for the
19
purposes of avoiding the provisions of this Section, and all
20
such split contracts shall be void. If any collusion occurs
21
among bidders or prospective bidders in restraint of freedom
22
of competition, by agreement to bid a fixed amount or to
23
refrain from bidding or otherwise, the bids of such bidders
24
shall be void. Each bidder shall accompany his bid with a sworn
25
statement that he has not been a party to any such agreement.
26

Members of the Board, officers and employees of the

HB4647 Engrossed
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LRB104 16678 RTM 30082 b
1
Authority, and their relatives within the fourth degree of
2
consanguinity by the terms of the civil law, are forbidden to
3
be interested directly or indirectly in any contract for
4
construction of maintenance work or for the delivery of
5
materials, supplies or equipment.
6

The Board shall have the right to reject all bids and to
7
readvertise for bids. If after any such advertisement no
8
responsible and satisfactory bid, within the terms of the
9
advertisement, shall be received, the Board may award such
10
contract, without competitive bidding, provided that it shall
11
not be less advantageous to the Authority than any valid bid
12
received pursuant to advertisement.
13

The Board shall adopt rules and regulations to carry into
14
effect the provisions of this Section.
15
(Source: P.A. 93-491, eff. 1-1-04.)

16

Section 99.
Effective date.
This Act takes effect upon
17
becoming law.

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