Bill Text: IL SB2968 | 2017-2018 | 100th General Assembly | Engrossed
Bill Title: Amends the Public Community College Act. Provides that the board of trustees of a community college district may enter into a contract for goods or services procured from a competitively bid group purchase contract without adhering to the competitively bid contract requirements under the Act.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Failed) 2019-01-09 - Session Sine Die [SB2968 Detail]
Download: Illinois-2017-SB2968-Engrossed.html
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1 | AN ACT concerning education.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Public Community College Act is amended by | ||||||
5 | changing Section 3-27.1 as follows:
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6 | (110 ILCS 805/3-27.1) (from Ch. 122, par. 103-27.1)
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7 | Sec. 3-27.1. Contracts. To award all contracts for purchase | ||||||
8 | of
supplies, materials or work involving an expenditure in | ||||||
9 | excess of $25,000 or a lower amount as required by board policy | ||||||
10 | to
the lowest responsible bidder considering conformity with | ||||||
11 | specifications,
terms of delivery, quality, and | ||||||
12 | serviceability; after due advertisement,
except the following: | ||||||
13 | (a) contracts for the services of individuals
possessing a high | ||||||
14 | degree of professional skill where the ability or fitness
of | ||||||
15 | the individual plays an important part; (b) contracts for
the | ||||||
16 | printing of finance committee reports and departmental | ||||||
17 | reports; (c)
contracts for the printing or engraving of bonds, | ||||||
18 | tax warrants and other
evidences of indebtedness; (d) contracts | ||||||
19 | for materials and work which
have been awarded to the lowest | ||||||
20 | responsible bidder after due advertisement,
but due to | ||||||
21 | unforeseen revisions, not the fault of the contractor for
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22 | materials and work, must be revised causing expenditures not in | ||||||
23 | excess of
10% of the contract price; (e) contracts for the |
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1 | maintenance or servicing
of, or provision of repair parts for, | ||||||
2 | equipment which are made with the
manufacturer or authorized | ||||||
3 | service agent of that equipment where the
provision of parts, | ||||||
4 | maintenance, or servicing can best be performed by the
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5 | manufacturer or authorized service agent; (f) purchases and | ||||||
6 | contracts for
the use, purchase, delivery, movement, or | ||||||
7 | installation of data processing
equipment, software, or | ||||||
8 | services and telecommunications and inter-connect
equipment, | ||||||
9 | software, and services; (g) contracts for duplicating machines
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10 | and supplies; (h) contracts for the purchase of natural gas | ||||||
11 | when the cost
is less than that offered by a public utility; | ||||||
12 | (i) purchases of equipment
previously owned by some entity | ||||||
13 | other than the district itself; (j)
contracts for repair, | ||||||
14 | maintenance, remodeling, renovation, or construction,
or a | ||||||
15 | single project involving an expenditure not to exceed $50,000 | ||||||
16 | and not
involving a change or increase in the size, type, or | ||||||
17 | extent of an existing
facility; (k) contracts for goods or | ||||||
18 | services procured from another
governmental agency; (l) | ||||||
19 | contracts for goods or services which are economically
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20 | procurable from only one source, such as for the purchase of | ||||||
21 | magazines,
books, periodicals, pamphlets and reports, and for | ||||||
22 | utility services such
as water, light, heat, telephone or | ||||||
23 | telegraph; (m) where funds are
expended in an emergency and | ||||||
24 | such emergency expenditure is approved by 3/4
of the members of | ||||||
25 | the board; and (n) contracts for the purchase of perishable | ||||||
26 | foods and perishable beverages ; and (o) contracts for goods or |
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1 | services procured from a competitively bid group purchase | ||||||
2 | contract, including, but not limited to, any purchasing entity | ||||||
3 | operating under the U.S. General Services Administration, | ||||||
4 | Higher Education Cooperation Act, or Midwestern Higher | ||||||
5 | Education Compact Act .
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6 | All competitive bids for contracts involving an | ||||||
7 | expenditure in excess of
$25,000 or a lower amount as required | ||||||
8 | by board policy must be sealed by the bidder and must be opened | ||||||
9 | by a member or
employee of the board at a public bid opening at | ||||||
10 | which the contents of the
bids must be announced. Each bidder | ||||||
11 | must receive at least 3 days' notice of
the time and place of | ||||||
12 | such bid opening. For purposes of this Section due
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13 | advertisement includes, but is not limited to, at least one | ||||||
14 | public notice
at least 10 days before the bid date in a | ||||||
15 | newspaper published in the
district, or if no newspaper is | ||||||
16 | published in the district, in a newspaper
of general | ||||||
17 | circulation in the area of the district. Electronic bid | ||||||
18 | submissions shall be considered a sealed document for | ||||||
19 | competitive bid requests if they are received at the designated | ||||||
20 | office by the time and date set for receipt for bids. However, | ||||||
21 | bids for construction purposes are prohibited from being | ||||||
22 | submitted electronically. Electronic bid submissions must be | ||||||
23 | authorized by specific language in the bid documents in order | ||||||
24 | to be considered and must be opened in accordance with | ||||||
25 | electronic security measures in effect at the community college | ||||||
26 | at the time of opening. Unless the electronic submission |
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1 | procedures provide for a secure receipt, the vendor assumes the | ||||||
2 | risk of premature disclosure due to submission in an unsealed | ||||||
3 | form.
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4 | The provisions of this Section do not apply to guaranteed | ||||||
5 | energy savings
contracts entered into under Article V-A. The | ||||||
6 | provisions of this Section do not prevent a community college | ||||||
7 | from complying with the terms and conditions of a grant, gift, | ||||||
8 | or bequest that calls for the procurement of a particular good | ||||||
9 | or service, provided that the grant, gift, or bequest provides | ||||||
10 | all funding for the contract, complies with all applicable | ||||||
11 | laws, and does not interfere with or otherwise impair any | ||||||
12 | collective bargaining agreements the community college may | ||||||
13 | have with labor organizations.
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14 | (Source: P.A. 97-1031, eff. 8-17-12; 98-269, eff. 1-1-14.)
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