Bill Text: IL SB1967 | 2011-2012 | 97th General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Public Community College Act. Provides that the provisions of a Section requiring the award of a contract to the lowest responsible bidder do not prevent a community college from complying with the terms and conditions of a grant, gift, or bequest that calls for the procurement of a particular good or service or the use of a particular contractor, provided that the grant, gift, or bequest provides the majority funding for the contract. Effective immediately.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Failed) 2013-01-08 - Session Sine Die [SB1967 Detail]

Download: Illinois-2011-SB1967-Introduced.html

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97TH GENERAL ASSEMBLY State of Illinois 2011 and 2012 SB1967 Introduced 2/10/2011, by Sen. Edward D. Maloney SYNOPSIS AS INTRODUCED:
110 ILCS 805/3-27.1 from Ch. 122, par. 103-27.1
Amends the Public Community College Act. Provides that the provisions of a Section requiring the award of a contract to the lowest responsible bidder do not prevent a community college from complying with the terms and conditions of a grant, gift, or bequest that calls for the procurement of a particular good or service or the use of a particular contractor, provided that the grant, gift, or bequest provides the majority funding for the contract. Effective immediately.
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FISCAL NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning education.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Public Community College Act is amended by
changing Section 3-27.1 as follows:
(110 ILCS 805/3-27.1) (from Ch. 122, par. 103-27.1)
Sec. 3-27.1. Contracts. To award all contracts for purchase
of supplies, materials or work involving an expenditure in
excess of $25,000 or a lower amount as required by board policy
to the lowest responsible bidder considering conformity with
specifications, terms of delivery, quality, and
serviceability; after due advertisement, except the following:
(a) contracts for the services of individuals possessing a high
degree of professional skill where the ability or fitness of
the individual plays an important part; (b) contracts for the
printing of finance committee reports and departmental
reports; (c) contracts for the printing or engraving of bonds,
tax warrants and other evidences of indebtedness; (d) contracts
for materials and work which have been awarded to the lowest
responsible bidder after due advertisement, but due to
unforeseen revisions, not the fault of the contractor for
materials and work, must be revised causing expenditures not in
excess of 10% of the contract price; (e) contracts for the

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maintenance or servicing of, or provision of repair parts for,
equipment which are made with the manufacturer or authorized
service agent of that equipment where the provision of parts,
maintenance, or servicing can best be performed by the
manufacturer or authorized service agent; (f) purchases and
contracts for the use, purchase, delivery, movement, or
installation of data processing equipment, software, or
services and telecommunications and inter-connect equipment,
software, and services; (g) contracts for duplicating machines
and supplies; (h) contracts for the purchase of natural gas
when the cost is less than that offered by a public utility;
(i) purchases of equipment previously owned by some entity
other than the district itself; (j) contracts for repair,
maintenance, remodeling, renovation, or construction, or a
single project involving an expenditure not to exceed $50,000
and not involving a change or increase in the size, type, or
extent of an existing facility; (k) contracts for goods or
services procured from another governmental agency; (l)
contracts for goods or services which are economically
procurable from only one source, such as for the purchase of
magazines, books, periodicals, pamphlets and reports, and for
utility services such as water, light, heat, telephone or
telegraph; and (m) where funds are expended in an emergency and
such emergency expenditure is approved by 3/4 of the members of
the board.
All competitive bids for contracts involving an

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expenditure in excess of $25,000 or a lower amount as required
by board policy must be sealed by the bidder and must be opened
by a member or employee of the board at a public bid opening at
which the contents of the bids must be announced. Each bidder
must receive at least 3 days' notice of the time and place of
such bid opening. For purposes of this Section due
advertisement includes, but is not limited to, at least one
public notice at least 10 days before the bid date in a
newspaper published in the district, or if no newspaper is
published in the district, in a newspaper of general
circulation in the area of the district. Electronic bid
submissions shall be considered a sealed document for
competitive bid requests if they are received at the designated
office by the time and date set for receipt for bids. However,
bids for construction purposes are prohibited from being
submitted electronically. Electronic bid submissions must be
authorized by specific language in the bid documents in order
to be considered and must be opened in accordance with
electronic security measures in effect at the community college
at the time of opening. Unless the electronic submission
procedures provide for a secure receipt, the vendor assumes the
risk of premature disclosure due to submission in an unsealed
form.
The provisions of this Section do not apply to guaranteed
energy savings contracts entered into under Article V-A. The
provisions of this Section do not prevent a community college

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from complying with the terms and conditions of a grant, gift,
or bequest that calls for the procurement of a particular good
or service or the use of a particular contractor, provided that
the grant, gift, or bequest provides the majority funding for
the contract.
(Source: P.A. 95-990, eff. 10-3-08; 96-380, eff. 8-13-09.)
Section 99. Effective date. This Act takes effect upon
becoming law.