Public Act 098-0269
 
HB3067 EnrolledLRB098 07032 NHT 37091 b


  
    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 
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; and (n) contracts for the purchase of perishable 
foods and perishable beverages.

    All competitive bids for contracts involving an 
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 
from complying with the terms and conditions of a grant, gift, 
or bequest that calls for the procurement of a particular good 
or service, provided that the grant, gift, or bequest provides 
all funding for the contract, complies with all applicable 
laws, and does not interfere with or otherwise impair any 
collective bargaining agreements the community college may 
have with labor organizations. 

(Source: P.A. 96-380, eff. 8-13-09; 97-1031, eff. 8-17-12.)