Bill Text: IL HB4393 | 2021-2022 | 102nd General Assembly | Engrossed


Bill Title: Reinserts the provisions of the introduced bill with the following changes: Includes requirements for the resolution to include the identity of an officer or director of the bidder who is a family member of a board member, is a person with whom a board member maintains a close economic association, or is a person with whom a board member maintains a close political association. Defines terms. In the Township Code, Illinois Municipal Code, and the Illinois Highway Code, provides that, if an entity is eligible to be paid for or reimbursed, in whole or in part, with federal-aid funds, grants, or loans, and the provisions would result in the loss of those federal-aid funds, grants, or loans, then the contract is exempt from the requirements of the provisions in order to remain eligible for those federal-aid funds, grants, or loans. In the School Code provisions, adds language providing that a school board that awards a competitively bid contract in excess of $25,000 to a third party for non-instructional services currently performed by an employee or bargaining unit member may only award such a contract to the lowest responsible bidder. Amends the Public Community College Act making similar changes made to the other Acts in the bill.

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Engrossed - Dead) 2022-03-04 - Referred to Assignments [HB4393 Detail]

Download: Illinois-2021-HB4393-Engrossed.html



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1 AN ACT concerning local government.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Township Code is amended by changing
5Sections 85-30 and 205-105 as follows:
6 (60 ILCS 1/85-30)
7 Sec. 85-30. Purchases; bids. Any purchase by a township
8for services, materials, equipment, or supplies in excess of
9$20,000 (other than professional services) shall be contracted
10for in one of the following ways:
11 (1) By a contract let to the lowest responsible bidder
12 or the best value bidder after advertising for bids at
13 least once (i) in a newspaper published within the
14 township, or (ii) if no newspaper is published within the
15 township, then in one published within the county, or
16 (iii) if no newspaper is published within the county, then
17 in a newspaper having general circulation within the
18 township.
19 (2) By a contract let without advertising for bids in
20 the case of an emergency if authorized by the township
21 board.
22 A township board that awards a contract to a best value
23bidder must approve the contract by resolution that states

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1with specificity the reasons why the bidder is the best value
2bidder. The resolution must include the identity of an officer
3or director of the bidder who is a family member of a board
4member, is a person with whom a board member maintains a close
5economic association, or is a person with whom a board member
6maintains a close political association.
7 As used in this Section:
8 "Best value" means the result determined by a procurement
9method that considers price and other criteria reflecting an
10objective and quantifiable analysis, including consideration
11of some or all of the following factors: (1) the quality of the
12bidder's performance on previous projects; (2) the timeliness
13of the bidder's performance on previous projects; (3) the
14level of customer satisfaction with the bidder's performance
15on previous projects; (4) the bidder's record of performing
16previous projects on budget and ability to minimize cost
17overruns; (5) the bidder's ability to minimize change orders;
18(6) the bidder's ability to prepare appropriate project plans;
19(7) the bidder's technical capabilities; (8) the individual
20qualifications of the bidder's key personnel; (9) the bidder's
21ability to assess and minimize risks; (10) the bidder's
22ability to meet the goals established by the township board
23for the awarding of contracts to minority-owned businesses,
24women-owned businesses, and businesses owned by persons with
25disabilities; and (11) maintenance costs and life span of the
26project.

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1 "Family member" means a board member's spouse, children,
2step-children, parents, step-parents, siblings,
3step-siblings, half-siblings, sons-in-law, daughters-in-law,
4grandparents, and grandchildren, as well as the parents and
5grandparents of the board member's spouse and a person living
6with the board member.
7 "Person with whom a board member maintains a close
8economic association" means a person associated with the board
9member in a partnership, association or professional service
10corporation, whether as partner, officer, employee, associate,
11or otherwise.
12 "Person with whom a board member maintains a close
13political association" means a person who has made a campaign
14contribution to a political committee supporting a board
15member or a political committee of which a board member is an
16officer, is a candidate or is an officer of a political
17committee that has received a campaign contribution from a
18board member, or is an officer of a political committee
19supporting a board member.
20 This Section does not apply to contracts by a township
21with the federal government.
22 If a township is eligible to be paid from or reimbursed
23with federal-aid funds, grants, or loans, in whole or in part,
24and the letting of a contract to the best value bidder under
25this Section would result in the loss of those federal-aid
26funds, grants, or loans, then the contract shall be let to the

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1lowest responsible bidder in accordance with this Section.
2(Source: P.A. 94-435, eff. 8-2-05.)
3 (60 ILCS 1/205-105)
4 Sec. 205-105. Construction contracts; bids.
5 (a) All contracts for construction work whose estimated
6cost will exceed $20,000 shall be let to the lowest
7responsible bidder or the best value bidder after publication
8of notice for bids. Notice for bids shall be published once in
9a newspaper published and having general circulation in the
10township, if there is one. If there is no such newspaper,
11notice for bids shall be published in a newspaper published
12and having general circulation in the county. Notice for bids
13shall be published at least 10 days before the date set for
14receiving bids. Bids shall be opened and publicly read, and an
15award shall be made to the lowest responsible bidder or the
16best value bidder within 15 days after the receipt of bids.
17 A township board that awards a contract to a best value
18bidder must approve the contract by resolution that states
19with specificity the reasons why the bidder is the best value
20bidder. The resolution must include the identity of an officer
21or director of the bidder who is a family member of a board
22member, is a person with whom a board member maintains a close
23economic association, or is a person with whom a board member
24maintains a close political association.
25 As used in this Section:

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1 "Best value" means the result determined by a procurement
2method that considers price and other criteria reflecting an
3objective and quantifiable analysis, including consideration
4of some or all of the following factors: (1) the quality of the
5bidder's performance on previous projects; (2) the timeliness
6of the bidder's performance on previous projects; (3) the
7level of customer satisfaction with the bidder's performance
8on previous projects; (4) the bidder's record of performing
9previous projects on budget and ability to minimize cost
10overruns; (5) the bidder's ability to minimize change orders;
11(6) the bidder's ability to prepare appropriate project plans;
12(7) the bidder's technical capabilities; (8) the individual
13qualifications of the bidder's key personnel; (9) the bidder's
14ability to assess and minimize risks; (10) the bidder's
15ability to meet the goals established by the township board
16for the awarding of contracts to minority-owned businesses,
17women-owned businesses, and businesses owned by persons with
18disabilities; and (11) maintenance costs and life span of the
19project.
20 "Family member" means a board member's spouse, children,
21step-children, parents, step-parents, siblings,
22step-siblings, half-siblings, sons-in-law, daughters-in-law,
23grandparents, and grandchildren, as well as the parents and
24grandparents of the board member's spouse and a person living
25with the board member.
26 "Person with whom a board member maintains a close

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1economic association" means a person associated with the board
2member in a partnership, association or professional service
3corporation, whether as partner, officer, employee, associate,
4or otherwise.
5 "Person with whom a board member maintains a close
6political association" means a person who has made a campaign
7contribution to a political committee supporting a board
8member or a political committee of which a board member is an
9officer, is a candidate or is an officer of a political
10committee that has received a campaign contribution from a
11board member, or is an officer of a political committee
12supporting a board member.
13 (b) This Section shall not apply to engineering, legal, or
14other professional services, but it shall apply to the
15purchase of equipment unless the township board, by a
16resolution adopted by a three-fourths vote, determines that it
17is for the best interests of the township that advertising for
18bids for the equipment be dispensed with.
19 (c) If a township is eligible to be paid from or reimbursed
20with federal-aid funds, grants, or loans, in whole or in part,
21and the letting of a contract to the best value bidder under
22this Section would result in the loss of those federal-aid
23funds, grants, or loans, then the contract shall be let to the
24lowest responsible bidder in accordance with this Section.
25(Source: P.A. 95-300, eff. 8-20-07.)

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1 Section 10. The Illinois Municipal Code is amended by
2changing Sections 4-5-11 and 8-9-1 as follows:
3 (65 ILCS 5/4-5-11) (from Ch. 24, par. 4-5-11)
4 Sec. 4-5-11. Except as otherwise provided, all contracts,
5of whatever character, pertaining to public improvement, or to
6the maintenance of the public property of a municipality
7involving an outlay of $10,000 or more, shall be based upon
8specifications to be approved by the council. Any work or
9other public improvement which is not to be paid for in whole
10or in part by special assessment or special taxation, when the
11expense thereof will exceed $25,000, shall be constructed as
12follows:
13 (1) By a contract let to the lowest responsible bidder
14 or the best value bidder after advertising for bids, in
15 the manner prescribed by ordinance, except that any such
16 contract may be entered into by the proper officers
17 without advertising for bids, if authorized by a vote of 4
18 of the 5 council members elected; or
19 (2) In the following manner, if authorized by a vote
20 of 4 of the 5 council members elected: the commissioner of
21 public works or other proper officers to be designated by
22 ordinance, shall superintend and cause to be carried out
23 the construction of the work or other public improvement
24 and shall employ exclusively for the performance of all
25 manual labor thereon, laborers and artisans whom the city

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1 or village shall pay by the day or hour, but all material
2 of the value of $25,000 and upward used in the
3 construction of the work or other public improvement,
4 shall be purchased by contract let to the lowest
5 responsible bidder or the best value bidder in the manner
6 to be prescribed by ordinance.
7 A city council that awards a contract to a best value
8bidder must approve the contract by resolution that states
9with specificity the reasons why the bidder is the best value
10bidder. The resolution must include the identity of an officer
11or director of the bidder who is a family member of a city
12council member, is a person with whom a city council member
13maintains a close economic association, or is a person with
14whom a city council member maintains a close political
15association.
16 As used in this Section:
17 "Best value" means the result determined by a procurement
18method that considers price and other criteria reflecting an
19objective and quantifiable analysis, including consideration
20of some or all of the following factors: (1) the quality of the
21bidder's performance on previous projects; (2) the timeliness
22of the bidder's performance on previous projects; (3) the
23level of customer satisfaction with the bidder's performance
24on previous projects; (4) the bidder's record of performing
25previous projects on budget and ability to minimize cost
26overruns; (5) the bidder's ability to minimize change orders;

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1(6) the bidder's ability to prepare appropriate project plans;
2(7) the bidder's technical capabilities; (8) the individual
3qualifications of the bidder's key personnel; (9) the bidder's
4ability to assess and minimize risks; (10) the bidder's
5ability to meet the goals established by the city council for
6the awarding of contracts to minority-owned businesses,
7women-owned businesses, and businesses owned by persons with
8disabilities; and (11) maintenance costs and life span of the
9project.
10 "Family member" means a city council member's spouse,
11children, step-children, parents, step-parents, siblings,
12step-siblings, half-siblings, sons-in-law, daughters-in-law,
13grandparents, and grandchildren, as well as the parents and
14grandparents of the city council member's spouse and a person
15living with the city council member.
16 "Person with whom a city council member maintains a close
17economic association" means a person associated with the city
18council member in a partnership, association or professional
19service corporation, whether as partner, officer, employee,
20associate, or otherwise.
21 "Person with whom a city council member maintains a close
22political association" means a person who has made a campaign
23contribution to a political committee supporting a city
24council member or a political committee of which a city
25council member is an officer, is a candidate or is an officer
26of a political committee that has received a campaign

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1contribution from a city council member, or is an officer of a
2political committee supporting a city council member.
3 Nothing contained in this Section shall apply to any
4contract by a municipality with the United States of America
5or any agency thereof.
6 If a municipality is eligible to be paid from or
7reimbursed with federal-aid funds, grants, or loans, in whole
8or in part, and the letting of a contract to the best value
9bidder under this Section would result in the loss of those
10federal-aid funds, grants, or loans, then the contract shall
11be let to the lowest responsible bidder in accordance with
12this Section.
13(Source: P.A. 100-338, eff. 8-25-17.)
14 (65 ILCS 5/8-9-1) (from Ch. 24, par. 8-9-1)
15 Sec. 8-9-1. In municipalities of less than 500,000 except
16as otherwise provided in Articles 4 and 5 any work or other
17public improvement which is not to be paid for in whole or in
18part by special assessment or special taxation, when the
19expense thereof will exceed $25,000, shall be constructed
20either (1) by a contract let to the lowest responsible bidder
21or the best value bidder after advertising for bids, in the
22manner prescribed by ordinance, except that any such contract
23may be entered into by the proper officers without advertising
24for bids, if authorized by a vote of two-thirds of all the
25alderpersons or trustees then holding office; or (2) in the

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1following manner, if authorized by a vote of two-thirds of all
2the alderpersons or trustees then holding office, to-wit: the
3commissioner of public works or other proper officers to be
4designated by ordinance, shall superintend and cause to be
5carried out the construction of the work or other public
6improvement and shall employ exclusively for the performance
7of all manual labor thereon, laborers and artisans whom the
8municipality shall pay by the day or hour; and all material of
9the value of $25,000 and upward used in the construction of the
10work or other public improvement, shall be purchased by
11contract let to the lowest responsible bidder or the best
12value bidder in the manner to be prescribed by ordinance.
13However, nothing contained in this Section shall apply to any
14contract by a city, village or incorporated town with the
15federal government or any agency thereof.
16 A city council that awards a contract to a best value
17bidder must approve the contract by resolution that states
18with specificity the reasons why the bidder is the best value
19bidder. The resolution must include the identity of an officer
20or director of the bidder who is a family member of a city
21council member, is a person with whom a city council member
22maintains a close economic association, or is a person with
23whom a city council member maintains a close political
24association.
25 As used in this Section:
26 "Best value" means the result determined by a procurement

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1method that considers price and other criteria reflecting an
2objective and quantifiable analysis, including consideration
3of some or all of the following factors: (1) the quality of the
4bidder's performance on previous projects; (2) the timeliness
5of the bidder's performance on previous projects; (3) the
6level of customer satisfaction with the bidder's performance
7on previous projects; (4) the bidder's record of performing
8previous projects on budget and ability to minimize cost
9overruns; (5) the bidder's ability to minimize change orders;
10(6) the bidder's ability to prepare appropriate project plans;
11(7) the bidder's technical capabilities; (8) the individual
12qualifications of the bidder's key personnel; (9) the bidder's
13ability to assess and minimize risks; (10) the bidder's
14ability to meet the goals established by the city council for
15the awarding of contracts to minority-owned businesses,
16women-owned businesses, and businesses owned by persons with
17disabilities; and (11) maintenance costs and life span of the
18project.
19 "Family member" means a city council member's spouse,
20children, step-children, parents, step-parents, siblings,
21step-siblings, half-siblings, sons-in-law, daughters-in-law,
22grandparents, and grandchildren, as well as the parents and
23grandparents of the city council member's spouse and a person
24living with the city council member.
25 "Person with whom a city council member maintains a close
26economic association" means a person associated with the city

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1council member in a partnership, association or professional
2service corporation, whether as partner, officer, employee,
3associate, or otherwise.
4 "Person with whom a city council member maintains a close
5political association" means a person who has made a campaign
6contribution to a political committee supporting a city
7council member or a political committee of which a city
8council member is an officer, is a candidate or is an officer
9of a political committee that has received a campaign
10contribution from a city council member, or is an officer of a
11political committee supporting a city council member.
12 In every city which has adopted Division 1 of Article 10,
13every such laborer or artisan shall be certified by the civil
14service commission to the commissioner of public works or
15other proper officers, in accordance with the requirement of
16that division.
17 In municipalities of 500,000 or more population the
18letting of contracts for work or other public improvements of
19the character described in this Section shall be governed by
20the provisions of Division 10 of this Article 8.
21 If a municipality is eligible to be paid from or
22reimbursed with federal-aid funds, grants, or loans, in whole
23or in part, and the letting of a contract to the best value
24bidder under this Section would result in the loss of those
25federal-aid funds, grants, or loans, then the contract shall
26be let to the lowest responsible bidder in accordance with

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1this Section.
2(Source: P.A. 102-15, eff. 6-17-21.)
3 Section 15. The Downstate Forest Preserve District Act is
4amended by changing Section 8 as follows:
5 (70 ILCS 805/8) (from Ch. 96 1/2, par. 6315)
6 (Text of Section before amendment by P.A. 102-460)
7 Sec. 8. Powers and duties of corporate authority and
8officers; contracts; salaries.
9 (a) The board shall be the corporate authority of such
10forest preserve district and shall have power to pass and
11enforce all necessary ordinances, rules and regulations for
12the management of the property and conduct of the business of
13such district. The president of such board shall have power to
14appoint such employees as may be necessary. In counties with
15population of less than 3,000,000, within 60 days after their
16selection the commissioners appointed under the provisions of
17Section 3a of this Act shall organize by selecting from their
18members a president, vice president, secretary, treasurer and
19such other officers as are deemed necessary who shall hold
20office for the fiscal year in which elected and until their
21successors are selected and qualify. In the one district in
22existence on July 1, 1977, that is managed by an appointed
23board of commissioners, the incumbent president and the other
24officers appointed in the manner as originally prescribed in

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1this Act shall hold such offices until the completion of their
2respective terms or in the case of the officers other than
3president until their successors are appointed by said
4president, but in all cases not to extend beyond January 1,
51980 and until their successors are selected and qualify.
6Thereafter, the officers shall be selected in the manner as
7prescribed in this Section except that their first term of
8office shall not expire until June 30, 1981 and until their
9successors are selected and qualify.
10 (a-5) An officer selected pursuant to subsection (a) may
11be removed, with or without cause, upon a motion adopted by an
12affirmative vote of four-fifths of the board of the forest
13preserve district. Upon adoption of a motion to remove an
14officer: (i) the office becomes vacant and the former
15officer's compensation shall be prorated to the date the
16motion was approved; (ii) if the officer removed is the
17president then the vice president immediately assumes the
18duties of the president without president compensation and, if
19the officer removed is the vice president, treasurer, or
20secretary, then the president shall select an interim
21appointee who shall serve until the next regularly scheduled
22forest preserve district board meeting; and (iii) a new
23officer shall be selected at the next regularly scheduled
24forest preserve district board meeting. An officer removed
25under this Section maintains his or her status as a member of
26the forest preserve district board.

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1 (b) In any county, city, village, incorporated town or
2sanitary district where the corporate authorities act as the
3governing body of a forest preserve district, the person
4exercising the powers of the president of the board shall have
5power to appoint a secretary and an assistant secretary and
6treasurer and an assistant treasurer and such other officers
7and such employees as may be necessary. The assistant
8secretary and assistant treasurer shall perform the duties of
9the secretary and treasurer, respectively in case of death of
10such officers or when such officers are unable to perform the
11duties of their respective offices. All contracts for
12supplies, material or work involving an expenditure in excess
13of $25,000, or a lower amount if required by board policy,
14shall be let to the lowest responsible bidder, after
15advertising at least once in one or more newspapers of general
16circulation within the district, excepting work requiring
17personal confidence or necessary supplies under the control of
18monopolies, where competitive bidding is impossible. Contracts
19for supplies, material or work involving an expenditure of
20$25,000, or a lower amount if required by board policy, or less
21may be let without advertising for bids, but whenever
22practicable, at least 3 competitive bids shall be obtained
23before letting such contract. All contracts for supplies,
24material or work shall be signed by the president of the board
25of commissioners or by any such other officer as the board in
26its discretion may designate.

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1 (c) The president of any board of commissioners appointed
2under the provisions of Section 3a of this Act shall receive a
3salary not to exceed the sum of $2500 per annum and the salary
4of other members of the board so appointed shall not exceed
5$1500 per annum. Salaries of the commissioners, officers and
6employees shall be fixed by ordinance.
7 (d) Whenever a forest preserve district owns any personal
8property that, in the opinion of three-fifths of the members
9of the board of commissioners, is no longer necessary, useful
10to, or for the best interests of the forest preserve district,
11then three-fifths of the members of the board, at any regular
12meeting or any special meeting called for that purpose by an
13ordinance or resolution that includes a general description of
14the personal property, may authorize the conveyance or sale of
15that personal property in any manner that they may designate,
16with or without advertising the sale.
17(Source: P.A. 101-544, eff. 8-23-19.)
18 (Text of Section after amendment by P.A. 102-460)
19 Sec. 8. Powers and duties of corporate authority and
20officers; contracts; salaries.
21 (a) The board shall be the corporate authority of such
22forest preserve district and shall have power to pass and
23enforce all necessary ordinances, rules and regulations for
24the management of the property and conduct of the business of
25such district. The president of such board shall have power to

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1appoint such employees as may be necessary. In counties with
2population of less than 3,000,000, within 60 days after their
3selection the commissioners appointed under the provisions of
4Section 3a of this Act shall organize by selecting from their
5members a president, vice president, secretary, treasurer and
6such other officers as are deemed necessary who shall hold
7office for the fiscal year in which elected and until their
8successors are selected and qualify. In the one district in
9existence on July 1, 1977, that is managed by an appointed
10board of commissioners, the incumbent president and the other
11officers appointed in the manner as originally prescribed in
12this Act shall hold such offices until the completion of their
13respective terms or in the case of the officers other than
14president until their successors are appointed by said
15president, but in all cases not to extend beyond January 1,
161980 and until their successors are selected and qualify.
17Thereafter, the officers shall be selected in the manner as
18prescribed in this Section except that their first term of
19office shall not expire until June 30, 1981 and until their
20successors are selected and qualify.
21 (a-5) An officer selected pursuant to subsection (a) may
22be removed, with or without cause, upon a motion adopted by an
23affirmative vote of four-fifths of the board of the forest
24preserve district. Upon adoption of a motion to remove an
25officer: (i) the office becomes vacant and the former
26officer's compensation shall be prorated to the date the

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1motion was approved; (ii) if the officer removed is the
2president then the vice president immediately assumes the
3duties of the president without president compensation and, if
4the officer removed is the vice president, treasurer, or
5secretary, then the president shall select an interim
6appointee who shall serve until the next regularly scheduled
7forest preserve district board meeting; and (iii) a new
8officer shall be selected at the next regularly scheduled
9forest preserve district board meeting. An officer removed
10under this Section maintains his or her status as a member of
11the forest preserve district board.
12 (b) In any county, city, village, incorporated town or
13sanitary district where the corporate authorities act as the
14governing body of a forest preserve district, the person
15exercising the powers of the president of the board shall have
16power to appoint a secretary and an assistant secretary and
17treasurer and an assistant treasurer and such other officers
18and such employees as may be necessary. The assistant
19secretary and assistant treasurer shall perform the duties of
20the secretary and treasurer, respectively in case of death of
21such officers or when such officers are unable to perform the
22duties of their respective offices. All contracts for
23supplies, material or work involving an expenditure in excess
24of $30,000, or a lower amount if required by board policy,
25shall be let to the lowest responsible bidder or the best value
26bidder, after advertising at least once in one or more

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1newspapers of general circulation within the district,
2excepting work requiring personal confidence or necessary
3supplies under the control of monopolies, where competitive
4bidding is impossible, or as otherwise provided in the Forest
5Preserve District and Conservation District Design-Build
6Authorization Act. Contracts for supplies, material or work
7involving an expenditure of $30,000, or a lower amount if
8required by board policy, or less may be let without
9advertising for bids, but whenever practicable, at least 3
10competitive bids shall be obtained before letting such
11contract. All contracts for supplies, material or work shall
12be signed by the president of the board of commissioners or by
13any such other officer as the board in its discretion may
14designate.
15 A board that awards a contract to a best value bidder must
16approve the contract by resolution that states with
17specificity the reasons why the bidder is the best value
18bidder. The resolution must include the identity of an officer
19or director of the bidder who is a family member of a board
20member, is a person with whom a board member maintains a close
21economic association, or is a person with whom a board member
22maintains a close political association.
23 As used in this Section:
24 "Best value" means the result determined by a procurement
25method that considers price and other criteria reflecting an
26objective and quantifiable analysis, including consideration

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1of some or all of the following factors: (1) the quality of the
2bidder's performance on previous projects; (2) the timeliness
3of the bidder's performance on previous projects; (3) the
4level of customer satisfaction with the bidder's performance
5on previous projects; (4) the bidder's record of performing
6previous projects on budget and ability to minimize cost
7overruns; (5) the bidder's ability to minimize change orders;
8(6) the bidder's ability to prepare appropriate project plans;
9(7) the bidder's technical capabilities; (8) the individual
10qualifications of the bidder's key personnel; (9) the bidder's
11ability to assess and minimize risks; (10) the bidder's
12ability to meet the goals established by the board for the
13awarding of contracts to minority-owned businesses,
14women-owned businesses, and businesses owned by persons with
15disabilities; and (11) maintenance costs and life span of the
16project.
17 "Family member" means a board member's spouse, children,
18step-children, parents, step-parents, siblings,
19step-siblings, half-siblings, sons-in-law, daughters-in-law,
20grandparents, and grandchildren, as well as the parents and
21grandparents of the board member's spouse and a person living
22with the board member.
23 "Person with whom a board member maintains a close
24economic association" means a person associated with the board
25member in a partnership, association or professional service
26corporation, whether as partner, officer, employee, associate,

HB4393 Engrossed- 22 -LRB102 23518 AWJ 32700 b
1or otherwise.
2 "Person with whom a board member maintains a close
3political association" means a person who has made a campaign
4contribution to a political committee supporting a board
5member or a political committee of which a board member is an
6officer, is a candidate or is an officer of a political
7committee that has received a campaign contribution from a
8board member, or is an officer of a political committee
9supporting a board member.
10 (c) The president of any board of commissioners appointed
11under the provisions of Section 3a of this Act shall receive a
12salary not to exceed the sum of $2500 per annum and the salary
13of other members of the board so appointed shall not exceed
14$1500 per annum. Salaries of the commissioners, officers and
15employees shall be fixed by ordinance.
16 (d) Whenever a forest preserve district owns any personal
17property that, in the opinion of three-fifths of the members
18of the board of commissioners, is no longer necessary, useful
19to, or for the best interests of the forest preserve district,
20then three-fifths of the members of the board, at any regular
21meeting or any special meeting called for that purpose by an
22ordinance or resolution that includes a general description of
23the personal property, may authorize the conveyance or sale of
24that personal property in any manner that they may designate,
25with or without advertising the sale.
26(Source: P.A. 101-544, eff. 8-23-19; 102-460, eff. 6-1-22.)

HB4393 Engrossed- 23 -LRB102 23518 AWJ 32700 b
1 Section 20. The Park District Code is amended by changing
2Section 8-1 as follows:
3 (70 ILCS 1205/8-1) (from Ch. 105, par. 8-1)
4 Sec. 8-1. General corporate powers. Every park district
5shall, from the time of its organization, be a body corporate
6and politic by the name set forth in the petition for its
7organization, the specific name set forth in this Code, or the
8name it may adopt under Section 8-9 and shall have and exercise
9the following powers:
10 (a) To adopt a corporate seal and alter the same at
11 pleasure; to sue and be sued; and to contract in
12 furtherance of any of its corporate purposes.
13 (b)(1) To acquire by gift, legacy, grant or purchase,
14 or by condemnation in the manner provided for the exercise
15 of the power of eminent domain under the Eminent Domain
16 Act, any and all real estate, or rights therein necessary
17 for building, laying out, extending, adorning and
18 maintaining any such parks, boulevards and driveways, or
19 for effecting any of the powers or purposes granted under
20 this Code as its board may deem proper, whether such lands
21 be located within or without such district; but no park
22 district, except as provided in paragraph (2) of this
23 subsection, shall have any power of condemnation in the
24 manner provided for the exercise of the power of eminent

HB4393 Engrossed- 24 -LRB102 23518 AWJ 32700 b
1 domain under the Eminent Domain Act or otherwise as to any
2 real estate, lands, riparian rights or estate, or other
3 property situated outside of such district, but shall only
4 have power to acquire the same by gift, legacy, grant or
5 purchase, and such district shall have the same control of
6 and power over lands so acquired without the district as
7 over parks, boulevards and driveways within such district.
8 (2) In addition to the powers granted in paragraph (1)
9 of subsection (b), a park district located in more than
10 one county, the majority of its territory located in a
11 county over 450,000 in population and none of its
12 territory located in a county over 1,000,000 in
13 population, shall have condemnation power in the manner
14 provided for the exercise of the power of eminent domain
15 under the Eminent Domain Act or as otherwise granted by
16 law as to any and all real estate situated up to one mile
17 outside of such district which is not within the
18 boundaries of another park district.
19 (c) To acquire by gift, legacy or purchase any
20 personal property necessary for its corporate purposes
21 provided that all contracts for supplies, materials or
22 work involving an expenditure in excess of $25,000, or a
23 lower amount if required by board policy, shall be let to
24 the lowest responsible bidder or the best value bidder
25 after due advertisement. No district shall be required to
26 accept a bid that does not meet the district's established

HB4393 Engrossed- 25 -LRB102 23518 AWJ 32700 b
1 specifications, terms of delivery, quality, and
2 serviceability requirements. Contracts which, by their
3 nature, are not adapted to award by competitive bidding,
4 such as contracts for the services of individuals
5 possessing a high degree of professional skill where the
6 ability or fitness of the individual plays an important
7 part, contracts for the printing of finance committee
8 reports and departmental reports, contracts for the
9 printing or engraving of bonds, tax warrants and other
10 evidences of indebtedness, contracts for utility services
11 such as water, light, heat, telephone or telegraph,
12 contracts for fuel (such as diesel, gasoline, oil,
13 aviation, or propane), lubricants, or other petroleum
14 products, contracts for the use, purchase, delivery,
15 movement, or installation of data processing equipment,
16 software, or services and telecommunications and
17 interconnect equipment, software, or services, contracts
18 for duplicating machines and supplies, contracts for goods
19 or services procured from another governmental agency,
20 purchases of equipment previously owned by some entity
21 other than the district itself, and contracts for the
22 purchase of magazines, books, periodicals, pamphlets and
23 reports are not subject to competitive bidding. Contracts
24 for emergency expenditures are also exempt from
25 competitive bidding when the emergency expenditure is
26 approved by 3/4 of the members of the board.

HB4393 Engrossed- 26 -LRB102 23518 AWJ 32700 b
1 All competitive bids for contracts involving an
2 expenditure in excess of $25,000, or a lower amount if
3 required by board policy, must be sealed by the bidder and
4 must be opened by a member or employee of the park board at
5 a public bid opening at which the contents of the bids must
6 be announced. Each bidder must receive at least 3 days
7 notice of the time and place of the bid opening.
8 A park district board that awards a contract to a best
9 value bidder must approve the contract by resolution that
10 states with specificity the reasons why the bidder is the
11 best value bidder. The resolution must include the
12 identity of an officer or director of the bidder who is a
13 family member of a board member, is a person with whom a
14 board member maintains a close economic association, or is
15 a person with whom a board member maintains a close
16 political association.
17 For purposes of this subsection: ,
18 "Best value" means the result determined by a
19 procurement method that considers price and other criteria
20 reflecting an objective and quantifiable analysis,
21 including consideration of some or all of the following
22 factors: (1) the quality of the bidder's performance on
23 previous projects; (2) the timeliness of the bidder's
24 performance on previous projects; (3) the level of
25 customer satisfaction with the bidder's performance on
26 previous projects; (4) the bidder's record of performing

HB4393 Engrossed- 27 -LRB102 23518 AWJ 32700 b
1 previous projects on budget and ability to minimize cost
2 overruns; (5) the bidder's ability to minimize change
3 orders; (6) the bidder's ability to prepare appropriate
4 project plans; (7) the bidder's technical capabilities;
5 (8) the individual qualifications of the bidder's key
6 personnel; (9) the bidder's ability to assess and minimize
7 risks; (10) the bidder's ability to meet the goals
8 established by the board for the awarding of contracts to
9 minority-owned businesses, women-owned businesses, and
10 businesses owned by persons with disabilities; and (11)
11 maintenance costs and life span of the project.
12 "Due "due advertisement" includes, but is not limited
13 to, at least one public notice at least 10 days before the
14 bid date in a newspaper published in the district or, if no
15 newspaper is published in the district, in a newspaper of
16 general circulation in the area of the district.
17 "Family member" means a board member's spouse,
18 children, step-children, parents, step-parents, siblings,
19 step-siblings, half-siblings, sons-in-law,
20 daughters-in-law, grandparents, and grandchildren, as well
21 as the parents and grandparents of the board member's
22 spouse and a person living with the board member.
23 "Person with whom a board member maintains a close
24 economic association" means a person associated with the
25 board member in a partnership, association or professional
26 service corporation, whether as partner, officer,

HB4393 Engrossed- 28 -LRB102 23518 AWJ 32700 b
1 employee, associate, or otherwise.
2 "Person with whom a board member maintains a close
3 political association" means a person who has made a
4 campaign contribution to a political committee supporting
5 a board member or a political committee of which a board
6 member is an officer, is a candidate or is an officer of a
7 political committee that has received a campaign
8 contribution from a board member, or is an officer of a
9 political committee supporting a board member.
10 (d) To pass all necessary ordinances, rules and
11 regulations for the proper management and conduct of the
12 business of the board and district and to establish by
13 ordinance all needful rules and regulations for the
14 government and protection of parks, boulevards and
15 driveways and other property under its jurisdiction, and
16 to effect the objects for which such districts are formed.
17 (e) To prescribe such fines and penalties for the
18 violation of ordinances as it shall deem proper not
19 exceeding $1,000 for any one offense, which fines and
20 penalties may be recovered by an action in the name of such
21 district in the circuit court for the county in which such
22 violation occurred. The park district may also seek in the
23 action, in addition to or instead of fines and penalties,
24 an order that the offender be required to make restitution
25 for damage resulting from violations, and the court shall
26 grant such relief where appropriate. The procedure in such

HB4393 Engrossed- 29 -LRB102 23518 AWJ 32700 b
1 actions shall be the same as that provided by law for like
2 actions for the violation of ordinances in cities
3 organized under the general laws of this State, and
4 offenders may be imprisoned for non-payment of fines and
5 costs in the same manner as in such cities. All fines when
6 collected shall be paid into the treasury of such
7 district.
8 (f) To manage and control all officers and property of
9 such districts and to provide for joint ownership with one
10 or more cities, villages or incorporated towns of real and
11 personal property used for park purposes by one or more
12 park districts. In case of joint ownership, the terms of
13 the agreement shall be fair, just and equitable to all
14 parties and shall be set forth in a written agreement
15 entered into by the corporate authorities of each
16 participating district, city, village or incorporated
17 town.
18 (g) To secure grants and loans, or either, from the
19 United States Government, or any agency or agencies
20 thereof, for financing the acquisition or purchase of any
21 and all real estate, or rights therein, or for effecting
22 any of the powers or purposes granted under this Code as
23 its Board may deem proper.
24 (h) To establish fees for the use of facilities and
25 recreational programs of the districts and to derive
26 revenue from non-resident fees from their operations. Fees

HB4393 Engrossed- 30 -LRB102 23518 AWJ 32700 b
1 charged non-residents of such district need not be the
2 same as fees charged to residents of the district.
3 Charging fees or deriving revenue from the facilities and
4 recreational programs shall not affect the right to assert
5 or utilize any defense or immunity, common law or
6 statutory, available to the districts or their employees.
7 (i) To make contracts for a term exceeding one year,
8 but not to exceed 3 years, notwithstanding any provision
9 of this Code to the contrary, relating to: (1) the
10 employment of a park director, superintendent,
11 administrator, engineer, health officer, land planner,
12 finance director, attorney, police chief, or other officer
13 who requires technical training or knowledge; (2) the
14 employment of outside professional consultants such as
15 engineers, doctors, land planners, auditors, attorneys, or
16 other professional consultants who require technical
17 training or knowledge; (3) the provision of data
18 processing equipment and services; and (4) the purchase of
19 energy from a utility or an alternative retail electric
20 supplier. With respect to any contract made under this
21 subsection (i), the corporate authorities shall include in
22 the annual appropriation ordinance for each fiscal year an
23 appropriation of a sum of money sufficient to pay the
24 amount which, by the terms of the contract, is to become
25 due and payable during that fiscal year.
26 (j) To enter into licensing or management agreements

HB4393 Engrossed- 31 -LRB102 23518 AWJ 32700 b
1 with not-for-profit corporations organized under the laws
2 of this State to operate park district facilities if the
3 corporation covenants to use the facilities to provide
4 public park or recreational programs for youth.
5(Source: P.A. 101-304, eff. 8-9-19.)
6 Section 25. The Illinois Local Library Act is amended by
7changing Section 5-5 as follows:
8 (75 ILCS 5/5-5) (from Ch. 81, par. 5-5)
9 Sec. 5-5. When the board determines to commence the
10construction of the building or the remodeling, repairing or
11improving of an existing library building or the erection of
12an addition thereto, the purchase of the necessary equipment
13for such library, or the acquisition of library materials such
14as books, periodicals, recordings and electronic data storage
15and retrieval facilities in connection with either the
16purchase or construction of a new library building or the
17expansion of an existing library building, they may then
18revise the plan therefor or adopt a new plan and provide
19estimates of the costs thereof, and shall, when the cost is in
20excess of $25,000, advertise for bids for the construction of
21the building, or the remodeling, repairing or improving of an
22existing library building or the erection of an addition
23thereto, or the purchase of the necessary equipment for such
24library, or the acquisition of library materials such as

HB4393 Engrossed- 32 -LRB102 23518 AWJ 32700 b
1books, periodicals, recordings and electronic data storage and
2retrieval facilities in connection with either the purchase or
3construction of a new library building or the expansion of an
4existing library building, and shall let the contract or
5contracts for the same, when the cost is in excess of $25,000,
6to the lowest responsible bidder or bidders or to the best
7value bidder or bidders.
8 The board shall not be required to accept a bid that does
9not meet the library's established specifications, terms of
10delivery, quality, and serviceability requirements. Contracts
11which, by their nature, are not adapted to award by
12competitive bidding, are not subject to competitive bidding,
13including, but not limited to:
14 (1) contracts for the services of individuals
15 possessing a high degree of professional skill where the
16 ability or fitness of the individual plays an important
17 part;
18 (2) contracts for the printing of finance committee
19 reports and departmental reports;
20 (3) contracts for the printing or engraving of bonds,
21 tax warrants and other evidences of indebtedness;
22 (4) contracts for the maintenance or servicing of, or
23 provision of repair parts for, equipment which are made
24 with the manufacturer or authorized service agent of that
25 equipment where the provision of parts, maintenance, or
26 servicing can best be performed by the manufacturer or

HB4393 Engrossed- 33 -LRB102 23518 AWJ 32700 b
1 authorized service agent;
2 (5) purchases and contracts for the use, purchase,
3 delivery, movement, or installation of data processing
4 equipment, software, or services and telecommunications
5 and interconnect equipment, software, and services;
6 (6) contracts for duplicating machines and supplies;
7 (7) contracts for utility services such as water,
8 light, heat, telephone or telegraph;
9 (8) contracts for goods or services procured from
10 another governmental agency;
11 (9) purchases of equipment previously owned by some
12 entity other than the library itself; and
13 (10) contracts for goods or services which are
14 economically procurable from only one source, such as for
15 the purchase of magazines, books, periodicals, pamphlets,
16 and reports.
17 Contracts for emergency expenditures are also exempt from
18competitive bidding when the emergency expenditure is approved
19by 3/4 of the members of the board.
20 The board shall require from such bidders security for the
21performance of the bids determined by the board pursuant to
22law. The board may let the contract or contracts to one or more
23bidders, as they shall determine.
24 A board that awards a contract to a best value bidder must
25approve the contract by resolution that states with
26specificity the reasons why the bidder is the best value

HB4393 Engrossed- 34 -LRB102 23518 AWJ 32700 b
1bidder. The resolution must include the identity of an officer
2or director of the bidder who is a family member of a board
3member, is a person with whom a board member maintains a close
4economic association, or is a person with whom a board member
5maintains a close political association.
6 As used in this Section:
7 "Best value" means the result determined by a procurement
8method that considers price and other criteria reflecting an
9objective and quantifiable analysis, including consideration
10of some or all of the following factors: (1) the quality of the
11bidder's performance on previous projects; (2) the timeliness
12of the bidder's performance on previous projects; (3) the
13level of customer satisfaction with the bidder's performance
14on previous projects; (4) the bidder's record of performing
15previous projects on budget and ability to minimize cost
16overruns; (5) the bidder's ability to minimize change orders;
17(6) the bidder's ability to prepare appropriate project plans;
18(7) the bidder's technical capabilities; (8) the individual
19qualifications of the bidder's key personnel; (9) the bidder's
20ability to assess and minimize risks; (10) the bidder's
21ability to meet the goals established by the board for the
22awarding of contracts to minority-owned businesses,
23women-owned businesses, and businesses owned by persons with
24disabilities; and (11) maintenance costs and life span of the
25project.
26 "Family member" means a board member's spouse, children,

HB4393 Engrossed- 35 -LRB102 23518 AWJ 32700 b
1step-children, parents, step-parents, siblings,
2step-siblings, half-siblings, sons-in-law, daughters-in-law,
3grandparents, and grandchildren, as well as the parents and
4grandparents of the board member's spouse and a person living
5with the board member.
6 "Person with whom a board member maintains a close
7economic association" means a person associated with the board
8member in a partnership, association or professional service
9corporation, whether as partner, officer, employee, associate,
10or otherwise.
11 "Person with whom a board member maintains a close
12political association" means a person who has made a campaign
13contribution to a political committee supporting a board
14member or a political committee of which a board member is an
15officer, is a candidate or is an officer of a political
16committee that has received a campaign contribution from a
17board member, or is an officer of a political committee
18supporting a board member.
19(Source: P.A. 100-338, eff. 8-25-17.)
20 Section 30. The Public Library District Act of 1991 is
21amended by changing Section 40-45 as follows:
22 (75 ILCS 16/40-45)
23 Sec. 40-45. Bids for construction, improvements, or
24equipment purchases.

HB4393 Engrossed- 36 -LRB102 23518 AWJ 32700 b
1 (a) When the trustees determine to commence constructing
2the building, purchasing a site or a building, remodeling,
3repairing, or improving an existing library building, erecting
4an addition to an existing library building, or purchasing the
5necessary equipment for the library, they may then revise the
6plan or adopt a new plan and provide estimates of the costs of
7the revised or new plan.
8 (b) The board shall, when the cost is in excess of $25,000,
9advertise for bids for constructing the building, remodeling,
10repairing, or improving of an existing library building,
11erecting an addition to an existing library building, or
12purchasing the necessary equipment for the library and shall
13let the contract or contracts for the project, when the cost is
14in excess of $25,000, to the lowest responsible bidder or
15bidders or the best value bidder or bidders. The board shall
16not be required to accept a bid that does not meet the
17library's established specifications, terms of delivery,
18quality, and serviceability requirements. Contracts which, by
19their nature, are not adapted to award by competitive bidding,
20are not subject to competitive bidding, including, but not
21limited to:
22 (1) contracts for the services of individuals
23 possessing a high degree of professional skill where the
24 ability or fitness of the individual plays an important
25 part;
26 (2) contracts for the printing of finance committee

HB4393 Engrossed- 37 -LRB102 23518 AWJ 32700 b
1 reports and departmental reports;
2 (3) contracts for the printing or engraving of bonds,
3 tax warrants and other evidences of indebtedness;
4 (4) contracts for the maintenance or servicing of, or
5 provision of repair parts for, equipment which are made
6 with the manufacturer or authorized service agent of that
7 equipment where the provision of parts, maintenance, or
8 servicing can best be performed by the manufacturer or
9 authorized service agent;
10 (5) purchases and contracts for the use, purchase,
11 delivery, movement, or installation of data processing
12 equipment, software, or services and telecommunications
13 and interconnect equipment, software, and services;
14 (6) contracts for duplicating machines and supplies;
15 (7) contracts for utility services such as water,
16 light, heat, telephone or telegraph;
17 (8) contracts for goods or services procured from
18 another governmental agency;
19 (9) purchases of equipment previously owned by some
20 entity other than the library itself; and
21 (10) contracts for goods or services which are
22 economically procurable from only one source, such as for
23 the purchase of magazines, books, periodicals, pamphlets,
24 and reports.
25 Contracts for emergency expenditures are also exempt from
26competitive bidding when the emergency expenditure is approved

HB4393 Engrossed- 38 -LRB102 23518 AWJ 32700 b
1by 3/4 of the members of the board.
2 The board shall require from the bidders security for the
3performance of the bids determined by the board pursuant to
4law. The trustees may let the contract or contracts to one or
5more bidders as they determine.
6 A board that awards a contract to a best value bidder must
7approve the contract by resolution that states with
8specificity the reasons why the bidder is the best value
9bidder. The resolution must include the identity of an officer
10or director of the bidder who is a family member of a board
11member, is a person with whom a board member maintains a close
12economic association, or is a person with whom a board member
13maintains a close political association.
14 As used in this Section:
15 "Best value" means the result determined by a procurement
16method that considers price and other criteria reflecting an
17objective and quantifiable analysis, including consideration
18of some or all of the following factors: (1) the quality of the
19bidder's performance on previous projects; (2) the timeliness
20of the bidder's performance on previous projects; (3) the
21level of customer satisfaction with the bidder's performance
22on previous projects; (4) the bidder's record of performing
23previous projects on budget and ability to minimize cost
24overruns; (5) the bidder's ability to minimize change orders;
25(6) the bidder's ability to prepare appropriate project plans;
26(7) the bidder's technical capabilities; (8) the individual

HB4393 Engrossed- 39 -LRB102 23518 AWJ 32700 b
1qualifications of the bidder's key personnel; (9) the bidder's
2ability to assess and minimize risks; (10) the bidder's
3ability to meet the goals established by the board for the
4awarding of contracts to minority-owned businesses,
5women-owned businesses, and businesses owned by persons with
6disabilities; and (11) maintenance costs and life span of the
7project.
8 "Family member" means a board member's spouse, children,
9step-children, parents, step-parents, siblings,
10step-siblings, half-siblings, sons-in-law, daughters-in-law,
11grandparents, and grandchildren, as well as the parents and
12grandparents of the board member's spouse and a person living
13with the board member.
14 "Person with whom a board member maintains a close
15economic association" means a person associated with the board
16member in a partnership, association or professional service
17corporation, whether as partner, officer, employee, associate,
18or otherwise.
19 "Person with whom a board member maintains a close
20political association" means a person who has made a campaign
21contribution to a political committee supporting a board
22member or a political committee of which a board member is an
23officer, is a candidate or is an officer of a political
24committee that has received a campaign contribution from a
25board member, or is an officer of a political committee
26supporting a board member.

HB4393 Engrossed- 40 -LRB102 23518 AWJ 32700 b
1(Source: P.A. 100-338, eff. 8-25-17.)
2 Section 35. The School Code is amended by changing Section
310-20.21 as follows:
4 (105 ILCS 5/10-20.21)
5 Sec. 10-20.21. Contracts.
6 (a) To award all contracts for purchase of supplies and
7materials or work involving an expenditure in excess of
8$25,000 or a lower amount as required by board policy to the
9lowest responsible bidder or the best value bidder,
10considering conformity with specifications, terms of delivery,
11quality and serviceability, after due advertisement, except
12the following: (i) contracts for the services of individuals
13possessing a high degree of professional skill where the
14ability or fitness of the individual plays an important part;
15(ii) contracts for the printing of finance committee reports
16and departmental reports; (iii) contracts for the printing or
17engraving of bonds, tax warrants and other evidences of
18indebtedness; (iv) contracts for the purchase of perishable
19foods and perishable beverages; (v) contracts for materials
20and work which have been awarded to the lowest responsible
21bidder or the best value bidder after due advertisement, but
22due to unforeseen revisions, not the fault of the contractor
23for materials and work, must be revised causing expenditures
24not in excess of 10% of the contract price; (vi) contracts for

HB4393 Engrossed- 41 -LRB102 23518 AWJ 32700 b
1the maintenance or servicing of, or provision of repair parts
2for, equipment which are made with the manufacturer or
3authorized service agent of that equipment where the provision
4of parts, maintenance, or servicing can best be performed by
5the manufacturer or authorized service agent; (vii) purchases
6and contracts for the use, purchase, delivery, movement, or
7installation of data processing equipment, software, or
8services and telecommunications and interconnect equipment,
9software, and services; (viii) contracts for duplicating
10machines and supplies; (ix) contracts for the purchase of
11fuel, including diesel, gasoline, oil, aviation, natural gas,
12or propane, lubricants, or other petroleum products; (x)
13purchases of equipment previously owned by some entity other
14than the district itself; (xi) contracts for repair,
15maintenance, remodeling, renovation, or construction, or a
16single project involving an expenditure not to exceed $50,000
17and not involving a change or increase in the size, type, or
18extent of an existing facility; (xii) contracts for goods or
19services procured from another governmental agency; (xiii)
20contracts for goods or services which are economically
21procurable from only one source, such as for the purchase of
22magazines, books, periodicals, pamphlets and reports, and for
23utility services such as water, light, heat, telephone or
24telegraph; (xiv) where funds are expended in an emergency and
25such emergency expenditure is approved by 3/4 of the members
26of the board; (xv) State master contracts authorized under

HB4393 Engrossed- 42 -LRB102 23518 AWJ 32700 b
1Article 28A of this Code; and (xvi) contracts providing for
2the transportation of pupils, which contracts must be
3advertised in the same manner as competitive bids and awarded
4by first considering the bidder or bidders most able to
5provide safety and comfort for the pupils, stability of
6service, and any other factors set forth in the request for
7proposal regarding quality of service, and then price.
8However, at no time shall a cause of action lie against a
9school board for awarding a pupil transportation contract per
10the standards set forth in this subsection (a) unless the
11cause of action is based on fraudulent conduct.
12 A school board that awards a contract to a best value
13bidder must approve the contract by resolution that states
14with specificity the reasons why the bidder is the best value
15bidder. The resolution must include the identity of an officer
16or director of the bidder who is a family member of a board
17member, is a person with whom a board member maintains a close
18economic association, or is a person with whom a board member
19maintains a close political association.
20 Notwithstanding a provision of this Section to the
21contrary, a school board that awards a competitively bid
22contract in excess of $25,000 to a third party for
23non-instructional services currently performed by a employee
24or bargaining unit member may only award such a contract to the
25lowest responsible bidder.
26 As used in this Section:

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1 "Best value" means the result determined by a procurement
2method that considers price and other criteria reflecting an
3objective and quantifiable analysis, including consideration
4of some or all of the following factors: (1) the quality of the
5bidder's performance on previous projects; (2) the timeliness
6of the bidder's performance on previous projects; (3) the
7level of customer satisfaction with the bidder's performance
8on previous projects; (4) the bidder's record of performing
9previous projects on budget and ability to minimize cost
10overruns; (5) the bidder's ability to minimize change orders;
11(6) the bidder's ability to prepare appropriate project plans;
12(7) the bidder's technical capabilities; (8) the individual
13qualifications of the bidder's key personnel; (9) the bidder's
14ability to assess and minimize risks; (10) the bidder's
15ability to meet the goals established by the school board for
16the awarding of contracts to minority-owned businesses,
17women-owned businesses, and businesses owned by persons with
18disabilities; and (11) maintenance costs and life span of the
19project.
20 "Family member" means a board member's spouse, children,
21step-children, parents, step-parents, siblings,
22step-siblings, half-siblings, sons-in-law, daughters-in-law,
23grandparents, and grandchildren, as well as the parents and
24grandparents of the board member's spouse and a person living
25with the board member.
26 "Person with whom a board member maintains a close

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1economic association" means a person associated with the board
2member in a partnership, association or professional service
3corporation, whether as partner, officer, employee, associate,
4or otherwise.
5 "Person with whom a board member maintains a close
6political association" means a person who has made a campaign
7contribution to a political committee supporting a board
8member or a political committee of which a board member is an
9officer, is a candidate or is an officer of a political
10committee that has received a campaign contribution from a
11board member, or is an officer of a political committee
12supporting a board member.
13 All competitive bids for contracts involving an
14expenditure in excess of $25,000 or a lower amount as required
15by board policy must be sealed by the bidder and must be opened
16by a member or employee of the school board at a public bid
17opening at which the contents of the bids must be announced.
18Each bidder must receive at least 3 days' notice of the time
19and place of the bid opening. For purposes of this Section due
20advertisement includes, but is not limited to, at least one
21public notice at least 10 days before the bid date in a
22newspaper published in the district, or if no newspaper is
23published in the district, in a newspaper of general
24circulation in the area of the district. State master
25contracts and certified education purchasing contracts, as
26defined in Article 28A of this Code, are not subject to the

HB4393 Engrossed- 45 -LRB102 23518 AWJ 32700 b
1requirements of this paragraph.
2 Under this Section, the acceptance of bids sealed by a
3bidder and the opening of these bids at a public bid opening
4may be permitted by an electronic process for communicating,
5accepting, and opening competitive bids. An electronic bidding
6process must provide for, but is not limited to, the following
7safeguards:
8 (1) On the date and time certain of a bid opening, the
9 primary person conducting the competitive, sealed,
10 electronic bid process shall log onto a specified database
11 using a unique username and password previously assigned
12 to the bidder to allow access to the bidder's specific bid
13 project number.
14 (2) The specified electronic database must be on a
15 network that (i) is in a secure environment behind a
16 firewall; (ii) has specific encryption tools; (iii)
17 maintains specific intrusion detection systems; (iv) has
18 redundant systems architecture with data storage back-up,
19 whether by compact disc or tape; and (v) maintains a
20 disaster recovery plan.
21It is the legislative intent of Public Act 96-841 to maintain
22the integrity of the sealed bidding process provided for in
23this Section, to further limit any possibility of bid-rigging,
24to reduce administrative costs to school districts, and to
25effect efficiencies in communications with bidders.
26 (b) To require, as a condition of any contract for goods

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1and services, that persons bidding for and awarded a contract
2and all affiliates of the person collect and remit Illinois
3Use Tax on all sales of tangible personal property into the
4State of Illinois in accordance with the provisions of the
5Illinois Use Tax Act regardless of whether the person or
6affiliate is a "retailer maintaining a place of business
7within this State" as defined in Section 2 of the Use Tax Act.
8For purposes of this Section, the term "affiliate" means any
9entity that (1) directly, indirectly, or constructively
10controls another entity, (2) is directly, indirectly, or
11constructively controlled by another entity, or (3) is subject
12to the control of a common entity. For purposes of this
13subsection (b), an entity controls another entity if it owns,
14directly or individually, more than 10% of the voting
15securities of that entity. As used in this subsection (b), the
16term "voting security" means a security that (1) confers upon
17the holder the right to vote for the election of members of the
18board of directors or similar governing body of the business
19or (2) is convertible into, or entitles the holder to receive
20upon its exercise, a security that confers such a right to
21vote. A general partnership interest is a voting security.
22 To require that bids and contracts include a certification
23by the bidder or contractor that the bidder or contractor is
24not barred from bidding for or entering into a contract under
25this Section and that the bidder or contractor acknowledges
26that the school board may declare the contract void if the

HB4393 Engrossed- 47 -LRB102 23518 AWJ 32700 b
1certification completed pursuant to this subsection (b) is
2false.
3 (b-5) To require all contracts and agreements that pertain
4to goods and services and that are intended to generate
5additional revenue and other remunerations for the school
6district in excess of $1,000, including without limitation
7vending machine contracts, sports and other attire, class
8rings, and photographic services, to be approved by the school
9board. The school board shall file as an attachment to its
10annual budget a report, in a form as determined by the State
11Board of Education, indicating for the prior year the name of
12the vendor, the product or service provided, and the actual
13net revenue and non-monetary remuneration from each of the
14contracts or agreements. In addition, the report shall
15indicate for what purpose the revenue was used and how and to
16whom the non-monetary remuneration was distributed.
17 (b-10) To prohibit any contract to purchase food with a
18bidder or offeror if the bidder's or offeror's contract terms
19prohibit the school from donating food to food banks,
20including, but not limited to, homeless shelters, food
21pantries, and soup kitchens.
22 (c) If the State education purchasing entity creates a
23master contract as defined in Article 28A of this Code, then
24the State education purchasing entity shall notify school
25districts of the existence of the master contract.
26 (d) In purchasing supplies, materials, equipment, or

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1services that are not subject to subsection (c) of this
2Section, before a school district solicits bids or awards a
3contract, the district may review and consider as a bid under
4subsection (a) of this Section certified education purchasing
5contracts that are already available through the State
6education purchasing entity.
7(Source: P.A. 101-570, eff. 8-23-19; 101-632, eff. 6-5-20.)
8 Section 40. The Public Community College Act is amended by
9changing Section 3-27.1 as follows:
10 (110 ILCS 805/3-27.1) (from Ch. 122, par. 103-27.1)
11 Sec. 3-27.1. Contracts. To award all contracts for
12purchase of supplies, materials or work involving an
13expenditure in excess of $25,000 or a lower amount as required
14by board policy to the lowest responsible bidder or the best
15value bidder considering conformity with specifications, terms
16of delivery, quality, and serviceability; after due
17advertisement, except the following: (a) contracts for the
18services of individuals possessing a high degree of
19professional skill where the ability or fitness of the
20individual plays an important part; (b) contracts for the
21printing of finance committee reports and departmental
22reports; (c) contracts for the printing or engraving of bonds,
23tax warrants and other evidences of indebtedness; (d)
24contracts for materials and work which have been awarded to

HB4393 Engrossed- 49 -LRB102 23518 AWJ 32700 b
1the lowest responsible bidder or the best value bidder after
2due advertisement, but due to unforeseen revisions, not the
3fault of the contractor for materials and work, must be
4revised causing expenditures not in excess of 10% of the
5contract price; (e) contracts for the maintenance or servicing
6of, or provision of repair parts for, equipment which are made
7with the manufacturer or authorized service agent of that
8equipment where the provision of parts, maintenance, or
9servicing can best be performed by the manufacturer or
10authorized service agent; (f) purchases and contracts for the
11use, purchase, delivery, movement, or installation of data
12processing equipment, software, or services and
13telecommunications and inter-connect equipment, software, and
14services; (g) contracts for duplicating machines and supplies;
15(h) contracts for the purchase of natural gas when the cost is
16less than that offered by a public utility; (i) purchases of
17equipment previously owned by some entity other than the
18district itself; (j) contracts for repair, maintenance,
19remodeling, renovation, or construction, or a single project
20involving an expenditure not to exceed $50,000 and not
21involving a change or increase in the size, type, or extent of
22an existing facility; (k) contracts for goods or services
23procured from another governmental agency; (l) contracts for
24goods or services which are economically procurable from only
25one source, such as for the purchase of magazines, books,
26periodicals, pamphlets and reports, and for utility services

HB4393 Engrossed- 50 -LRB102 23518 AWJ 32700 b
1such as water, light, heat, telephone or telegraph; (m) where
2funds are expended in an emergency and such emergency
3expenditure is approved by 3/4 of the members of the board; and
4(n) contracts for the purchase of perishable foods and
5perishable beverages.
6 A board that awards a contract to a best value bidder must
7approve the contract by resolution that states with
8specificity the reasons why the bidder is the best value
9bidder. The resolution must include the identity of an officer
10or director of the bidder who is a family member of a board
11member, is a person with whom a board member maintains a close
12economic association, or is a person with whom a board member
13maintains a close political association.
14 As used in this Section:
15 "Best value" means the result determined by a procurement
16method that considers price and other criteria reflecting an
17objective and quantifiable analysis, including consideration
18of some or all of the following factors: (1) the quality of the
19bidder's performance on previous projects; (2) the timeliness
20of the bidder's performance on previous projects; (3) the
21level of customer satisfaction with the bidder's performance
22on previous projects; (4) the bidder's record of performing
23previous projects on budget and ability to minimize cost
24overruns; (5) the bidder's ability to minimize change orders;
25(6) the bidder's ability to prepare appropriate project plans;
26(7) the bidder's technical capabilities; (8) the individual

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1qualifications of the bidder's key personnel; (9) the bidder's
2ability to assess and minimize risks; (10) the bidder's
3ability to meet the goals established by the board for the
4awarding of contracts to minority-owned businesses,
5women-owned businesses, and businesses owned by persons with
6disabilities; and (11) maintenance costs and life span of the
7project.
8 "Family member" means a board member's spouse, children,
9step-children, parents, step-parents, siblings,
10step-siblings, half-siblings, sons-in-law, daughters-in-law,
11grandparents, and grandchildren, as well as the parents and
12grandparents of the board member's spouse and a person living
13with the board member.
14 "Person with whom a board member maintains a close
15economic association" means a person associated with the board
16member in a partnership, association or professional service
17corporation, whether as partner, officer, employee, associate,
18or otherwise.
19 "Person with whom a board member maintains a close
20political association" means a person who has made a campaign
21contribution to a political committee supporting a board
22member or a political committee of which a board member is an
23officer, is a candidate or is an officer of a political
24committee that has received a campaign contribution from a
25board member, or is an officer of a political committee
26supporting a board member.

HB4393 Engrossed- 52 -LRB102 23518 AWJ 32700 b
1 All competitive bids for contracts involving an
2expenditure in excess of $25,000 or a lower amount as required
3by board policy must be sealed by the bidder and must be opened
4by a member or employee of the board at a public bid opening at
5which the contents of the bids must be announced. Each bidder
6must receive at least 3 days' notice of the time and place of
7such bid opening. For purposes of this Section due
8advertisement includes, but is not limited to, at least one
9public notice at least 10 days before the bid date in a
10newspaper published in the district, or if no newspaper is
11published in the district, in a newspaper of general
12circulation in the area of the district. Electronic bid
13submissions shall be considered a sealed document for
14competitive bid requests if they are received at the
15designated office by the time and date set for receipt for
16bids. However, bids for construction purposes are prohibited
17from being submitted electronically. Electronic bid
18submissions must be authorized by specific language in the bid
19documents in order to be considered and must be opened in
20accordance with electronic security measures in effect at the
21community college at the time of opening. Unless the
22electronic submission procedures provide for a secure receipt,
23the vendor assumes the risk of premature disclosure due to
24submission in an unsealed form.
25 The provisions of this Section do not apply to guaranteed
26energy savings contracts entered into under Article V-A. The

HB4393 Engrossed- 53 -LRB102 23518 AWJ 32700 b
1provisions of this Section do not prevent a community college
2from complying with the terms and conditions of a grant, gift,
3or bequest that calls for the procurement of a particular good
4or service, provided that the grant, gift, or bequest provides
5all funding for the contract, complies with all applicable
6laws, and does not interfere with or otherwise impair any
7collective bargaining agreements the community college may
8have with labor organizations.
9(Source: P.A. 97-1031, eff. 8-17-12; 98-269, eff. 1-1-14.)
10 Section 45. The Illinois Highway Code is amended by
11changing Section 6-201.7 as follows:
12 (605 ILCS 5/6-201.7) (from Ch. 121, par. 6-201.7)
13 Sec. 6-201.7. Construct, maintain and repair and be
14responsible for the construction, maintenance and repair of
15roads within the district, let contracts, employ labor and
16purchase material and machinery therefor, subject to the
17limitations provided in this Code. Contracts, labor,
18machinery, disposal, and incidental expenses related to
19special services under Section 6-201.21 of this Code
20constitute maintenance, for purposes of this Section.
21 Except for professional services, when the cost of
22construction, materials, supplies, new machinery or equipment
23exceeds $20,000, the contract for such construction,
24materials, supplies, machinery or equipment shall be let to

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1the lowest responsible bidder or the best value bidder after
2advertising for bids at least once, and at least 10 days prior
3to the time set for the opening of such bids, in a newspaper
4published within the township or road district, or, if no
5newspaper is published within the township or road district
6then in one published within the county, or, if no newspaper is
7published within the county then in a newspaper having general
8circulation within the township or road district, but, in case
9of an emergency, such contract may be let without advertising
10for bids. For purposes of this Section "new machinery or
11equipment" shall be defined as that which has been previously
12untitled or that which shows fewer than 200 hours on its
13operating clock and that is accompanied by a new equipment
14manufacturer's warranty.
15 A highway commissioner that awards a contract to a best
16value bidder must approve the contract by resolution that
17states with specificity the reasons why the bidder is the best
18value bidder. The resolution must include the identity of an
19officer or director of the bidder who is a family member of the
20commissioner, is a person with whom the commissioner maintains
21a close economic association, or is a person with whom the
22commissioner maintains a close political association.
23 If a road district is eligible to be paid from or
24reimbursed with federal-aid funds, grants, or loans, in whole
25or in part, and the letting of a contract to the best value
26bidder under this Section would result in the loss of those

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1federal-aid funds, grants, or loans, then the contract shall
2be let to the lowest responsible bidder in accordance with
3this Section.
4 As used in this Section:
5 "Best value" means the result determined by a procurement
6method that considers price and other criteria reflecting an
7objective and quantifiable analysis, including consideration
8of some or all of the following factors: (1) the quality of the
9bidder's performance on previous projects; (2) the timeliness
10of the bidder's performance on previous projects; (3) the
11level of customer satisfaction with the bidder's performance
12on previous projects; (4) the bidder's record of performing
13previous projects on budget and ability to minimize cost
14overruns; (5) the bidder's ability to minimize change orders;
15(6) the bidder's ability to prepare appropriate project plans;
16(7) the bidder's technical capabilities; (8) the individual
17qualifications of the bidder's key personnel; (9) the bidder's
18ability to assess and minimize risks; (10) the bidder's
19ability to meet the goals established by the commissioner for
20the awarding of contracts to minority-owned businesses,
21women-owned businesses, and businesses owned by persons with
22disabilities; and (11) maintenance costs and life span of the
23project.
24 "Family member" means the commissioner's spouse, children,
25step-children, parents, step-parents, siblings,
26step-siblings, half-siblings, sons-in-law, daughters-in-law,

HB4393 Engrossed- 56 -LRB102 23518 AWJ 32700 b
1grandparents, and grandchildren, as well as the parents and
2grandparents of the commissioner's spouse and a person living
3with the commissioner.
4 "Person with whom the commissioner maintains a close
5economic association" means a person associated with the
6commissioner in a partnership, association or professional
7service corporation, whether as partner, officer, employee,
8associate, or otherwise.
9 "Person with whom the commissioner maintains a close
10political association" means a person who has made a campaign
11contribution to a political committee supporting the
12commissioner or a political committee of which the
13commissioner is an officer, is a candidate or is an officer of
14a political committee that has received a campaign
15contribution from the commissioner, or is an officer of a
16political committee supporting the commissioner.
17(Source: P.A. 93-109, eff. 7-8-03; 93-164, eff. 7-10-03;
1893-610, eff. 11-18-03; 94-435, eff. 8-2-05.)
19 Section 95. No acceleration or delay. Where this Act makes
20changes in a statute that is represented in this Act by text
21that is not yet or no longer in effect (for example, a Section
22represented by multiple versions), the use of that text does
23not accelerate or delay the taking effect of (i) the changes
24made by this Act or (ii) provisions derived from any other
25Public Act.
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