Illinois 2025-2026 Regular Session

Illinois House Bill HB2894 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	HB2894 EngrossedLRB104 10096 JDS 20168 b HB2894 Engrossed LRB104 10096 JDS 20168 b
2		-	HB2894 Engrossed LRB104 10096 JDS 20168 b
	1	+	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2894 Introduced , by Rep. Jay Hoffman SYNOPSIS AS INTRODUCED: 55 ILCS 5/5-4502055 ILCS 5/5-4502565 ILCS 5/11-39.2-2065 ILCS 5/11-39.2-2570 ILCS 705/11k Amends the Counties Code. In a provision concerning the development of scope and performance criteria for design-build projects, deletes a provision that requires the county to develop preliminary design plans. Specifies that a design-build entity shall not be disqualified solely due to having previously been awarded a project or projects under any applicable public procurement statute of the State. Provides that, if a county receives one Phase I response, nothing prohibits the county from proceeding with a Phase II evaluation of the single respondent, if the county, in its discretion, finds proceeding to be in its best interest. Amends the Illinois Municipal Code. In a provision concerning the development of scope and performance criteria for design-build projects, deletes a provision that requires the municipality to develop preliminary design plans. Specifies that a design-build entity shall not be disqualified solely due to having previously been awarded a project or projects under any applicable public procurement statute of the State. Provides that, if a municipality receives one response to Phase I, nothing shall prohibit the municipality from proceeding with a Phase II evaluation of the single respondent, if the municipality, in its discretion, finds proceeding to be in its best interest. Amends the Fire Protection District Act. Provides that the Act's competitive bidding provisions do not prohibit a fire protection district from entering into design-build contracts. LRB104 10096 JDS 20168 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2894 Introduced , by Rep. Jay Hoffman SYNOPSIS AS INTRODUCED: 55 ILCS 5/5-4502055 ILCS 5/5-4502565 ILCS 5/11-39.2-2065 ILCS 5/11-39.2-2570 ILCS 705/11k 55 ILCS 5/5-45020 55 ILCS 5/5-45025 65 ILCS 5/11-39.2-20 65 ILCS 5/11-39.2-25 70 ILCS 705/11k Amends the Counties Code. In a provision concerning the development of scope and performance criteria for design-build projects, deletes a provision that requires the county to develop preliminary design plans. Specifies that a design-build entity shall not be disqualified solely due to having previously been awarded a project or projects under any applicable public procurement statute of the State. Provides that, if a county receives one Phase I response, nothing prohibits the county from proceeding with a Phase II evaluation of the single respondent, if the county, in its discretion, finds proceeding to be in its best interest. Amends the Illinois Municipal Code. In a provision concerning the development of scope and performance criteria for design-build projects, deletes a provision that requires the municipality to develop preliminary design plans. Specifies that a design-build entity shall not be disqualified solely due to having previously been awarded a project or projects under any applicable public procurement statute of the State. Provides that, if a municipality receives one response to Phase I, nothing shall prohibit the municipality from proceeding with a Phase II evaluation of the single respondent, if the municipality, in its discretion, finds proceeding to be in its best interest. Amends the Fire Protection District Act. Provides that the Act's competitive bidding provisions do not prohibit a fire protection district from entering into design-build contracts. LRB104 10096 JDS 20168 b LRB104 10096 JDS 20168 b A BILL FOR
	2	+	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2894 Introduced , by Rep. Jay Hoffman SYNOPSIS AS INTRODUCED:
	3	+	55 ILCS 5/5-4502055 ILCS 5/5-4502565 ILCS 5/11-39.2-2065 ILCS 5/11-39.2-2570 ILCS 705/11k 55 ILCS 5/5-45020 55 ILCS 5/5-45025 65 ILCS 5/11-39.2-20 65 ILCS 5/11-39.2-25 70 ILCS 705/11k
	4	+	55 ILCS 5/5-45020
	5	+	55 ILCS 5/5-45025
	6	+	65 ILCS 5/11-39.2-20
	7	+	65 ILCS 5/11-39.2-25
	8	+	70 ILCS 705/11k
	9	+	Amends the Counties Code. In a provision concerning the development of scope and performance criteria for design-build projects, deletes a provision that requires the county to develop preliminary design plans. Specifies that a design-build entity shall not be disqualified solely due to having previously been awarded a project or projects under any applicable public procurement statute of the State. Provides that, if a county receives one Phase I response, nothing prohibits the county from proceeding with a Phase II evaluation of the single respondent, if the county, in its discretion, finds proceeding to be in its best interest. Amends the Illinois Municipal Code. In a provision concerning the development of scope and performance criteria for design-build projects, deletes a provision that requires the municipality to develop preliminary design plans. Specifies that a design-build entity shall not be disqualified solely due to having previously been awarded a project or projects under any applicable public procurement statute of the State. Provides that, if a municipality receives one response to Phase I, nothing shall prohibit the municipality from proceeding with a Phase II evaluation of the single respondent, if the municipality, in its discretion, finds proceeding to be in its best interest. Amends the Fire Protection District Act. Provides that the Act's competitive bidding provisions do not prohibit a fire protection district from entering into design-build contracts.
	10	+	LRB104 10096 JDS 20168 b LRB104 10096 JDS 20168 b
	11	+	LRB104 10096 JDS 20168 b
	12	+	A BILL FOR
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	14	+	HB2894 LRB104 10096 JDS 20168 b
3	15		1 AN ACT concerning local government.
4	16		2 Be it enacted by the People of the State of Illinois,
5	17		3 represented in the General Assembly:
6	18		4 Section 5. The Counties Code is amended by changing
7	19		5 Sections 5-45020 and 5-45025 as follows:
8	20		6 (55 ILCS 5/5-45020)
9	21		7 Sec. 5-45020. Development of scope and performance
10	22		8 criteria.
11	23		9 (a) The county shall develop, with the assistance of a
12	24		10 licensed design professional or public art designer, a request
13	25		11 for proposal, which shall include scope and performance
14	26		12 criteria. The scope and performance criteria must be in
15	27		13 sufficient detail and contain adequate information to
16	28		14 reasonably apprise the qualified design-build entities of the
17	29		15 county's overall programmatic needs and goals, including
18	30		16 criteria and preliminary design plans, general budget
19	31		17 parameters, schedule, and delivery requirements.
20	32		18 (b) Each request for proposal shall also include a
21	33		19 description of the level of design to be provided in the
22	34		20 proposals. This description must include the scope and type of
23	35		21 renderings, drawings, and specifications that, at a minimum,
24	36		22 will be required by the county to be produced by the
25	37		23 design-build entities.
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	41	+	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2894 Introduced , by Rep. Jay Hoffman SYNOPSIS AS INTRODUCED:
	42	+	55 ILCS 5/5-4502055 ILCS 5/5-4502565 ILCS 5/11-39.2-2065 ILCS 5/11-39.2-2570 ILCS 705/11k 55 ILCS 5/5-45020 55 ILCS 5/5-45025 65 ILCS 5/11-39.2-20 65 ILCS 5/11-39.2-25 70 ILCS 705/11k
	43	+	55 ILCS 5/5-45020
	44	+	55 ILCS 5/5-45025
	45	+	65 ILCS 5/11-39.2-20
	46	+	65 ILCS 5/11-39.2-25
	47	+	70 ILCS 705/11k
	48	+	Amends the Counties Code. In a provision concerning the development of scope and performance criteria for design-build projects, deletes a provision that requires the county to develop preliminary design plans. Specifies that a design-build entity shall not be disqualified solely due to having previously been awarded a project or projects under any applicable public procurement statute of the State. Provides that, if a county receives one Phase I response, nothing prohibits the county from proceeding with a Phase II evaluation of the single respondent, if the county, in its discretion, finds proceeding to be in its best interest. Amends the Illinois Municipal Code. In a provision concerning the development of scope and performance criteria for design-build projects, deletes a provision that requires the municipality to develop preliminary design plans. Specifies that a design-build entity shall not be disqualified solely due to having previously been awarded a project or projects under any applicable public procurement statute of the State. Provides that, if a municipality receives one response to Phase I, nothing shall prohibit the municipality from proceeding with a Phase II evaluation of the single respondent, if the municipality, in its discretion, finds proceeding to be in its best interest. Amends the Fire Protection District Act. Provides that the Act's competitive bidding provisions do not prohibit a fire protection district from entering into design-build contracts.
	49	+	LRB104 10096 JDS 20168 b LRB104 10096 JDS 20168 b
	50	+	LRB104 10096 JDS 20168 b
	51	+	A BILL FOR
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	57	+	55 ILCS 5/5-45020
	58	+	55 ILCS 5/5-45025
	59	+	65 ILCS 5/11-39.2-20
	60	+	65 ILCS 5/11-39.2-25
	61	+	70 ILCS 705/11k
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34	80		1 (c) The scope and performance criteria shall be prepared
35	81		2 by a design professional or public art designer who is an
36	82		3 employee of the county, or the county may contract with an
37	83		4 independent design professional or public art designer
38	84		5 selected under the Local Government Professional Services
39	85		6 Selection Act to provide these services.
40	86		7 (d) The design professional or public art designer that
41	87		8 prepares the scope and performance criteria is prohibited from
42	88		9 participating in any design-build entity proposal for the
43	89		10 project.
44	90		11 (e) The design-build contract may be conditioned upon
45	91		12 subsequent refinements in scope and price and may allow the
46	92		13 county to make modifications in the project scope without
47	93		14 invalidating the design-build contract.
48	94		15 (Source: P.A. 102-954, eff. 1-1-23.)
49	95		16 (55 ILCS 5/5-45025)
50	96		17 Sec. 5-45025. Procedures for Selection.
51	97		18 (a) The county must use a two-phase procedure for the
52	98		19 selection of the successful design-build entity. Phase I of
53	99		20 the procedure will evaluate and shortlist the design-build
54	100		21 entities based on qualifications, and Phase II will evaluate
55	101		22 the technical and cost proposals.
56	102		23 (b) The county shall include in the request for proposal
57	103		24 the evaluating factors to be used in Phase I. These factors are
58	104		25 in addition to any prequalification requirements of
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69	115		1 design-build entities that the county has set forth. Each
70	116		2 request for proposal shall establish the relative importance
71	117		3 assigned to each evaluation factor and subfactor, including
72	118		4 any weighting of criteria to be employed by the county. The
73	119		5 county must maintain a record of the evaluation scoring to be
74	120		6 disclosed in event of a protest regarding the solicitation.
75	121		7 The county shall include the following criteria in every
76	122		8 Phase I evaluation of design-build entities: (i) experience of
77	123		9 personnel; (ii) successful experience with similar project
78	124		10 types; (iii) financial capability; (iv) timeliness of past
79	125		11 performance; (v) experience with similarly sized projects;
80	126		12 (vi) successful reference checks of the firm; (vii) commitment
81	127		13 to assign personnel for the duration of the project and
82	128		14 qualifications of the entity's consultants; and (viii) ability
83	129		15 or past performance in meeting or exhausting good faith
84	130		16 efforts to meet the utilization goals for business enterprises
85	131		17 established in the Business Enterprise for Minorities, Women,
86	132		18 and Persons with Disabilities Act and with Section 2-105 of
87	133		19 the Illinois Human Rights Act. The county may include any
88	134		20 additional relevant criteria in Phase I that it deems
89	135		21 necessary for a proper qualification review.
90	136		22 The county may not consider any design-build entity for
91	137		23 evaluation or award if the entity has any pecuniary interest
92	138		24 in the project or has other relationships or circumstances,
93	139		25 including, but not limited to, long-term leasehold, mutual
94	140		26 performance, or development contracts with the county, that
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105	151		1 may give the design-build entity a financial or tangible
106	152		2 advantage over other design-build entities in the preparation,
107	153		3 evaluation, or performance of the design-build contract or
108	154		4 that create the appearance of impropriety. A design-build
109	155		5 entity shall not be disqualified under this Section solely due
110	156		6 to having previously been awarded a project or projects under
111	157		7 any applicable public procurement statute of the State. No
112	158		8 proposal shall be considered that does not include an entity's
113	159		9 plan to comply with the requirements established in the
114	160		10 Business Enterprise for Minorities, Women, and Persons with
115	161		11 Disabilities Act, for both the design and construction areas
116	162		12 of performance, and with Section 2-105 of the Illinois Human
117	163		13 Rights Act.
118	164		14 Upon completion of the qualifications evaluation, the
119	165		15 county shall create a shortlist of the most highly qualified
120	166		16 design-build entities. The county, in its discretion, is not
121	167		17 required to shortlist the maximum number of entities as
122	168		18 identified for Phase II evaluation, provided that no less than
123	169		19 2 design-build entities nor more than 6 are selected to submit
124	170		20 Phase II proposals. If a county receives one response to Phase
125	171		21 I, nothing in this Section shall prohibit the county from
126	172		22 proceeding with a Phase II evaluation of the single respondent
127	173		23 if the county, in its discretion, finds proceeding to be in its
128	174		24 best interest.
129	175		25 The county shall notify the entities selected for the
130	176		26 shortlist in writing. This notification shall commence the
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141	187		1 period for the preparation of the Phase II technical and cost
142	188		2 evaluations. The county must allow sufficient time for the
143	189		3 shortlist entities to prepare their Phase II submittals
144	190		4 considering the scope and detail requested by the county.
145	191		5 (c) The county shall include in the request for proposal
146	192		6 the evaluating factors to be used in the technical and cost
147	193		7 submission components of Phase II. Each request for proposal
148	194		8 shall establish, for both the technical and cost submission
149	195		9 components of Phase II, the relative importance assigned to
150	196		10 each evaluation factor and subfactor, including any weighting
151	197		11 of criteria to be employed by the county. The county must
152	198		12 maintain a record of the evaluation scoring to be disclosed in
153	199		13 event of a protest regarding the solicitation.
154	200		14 The county shall include the following criteria in every
155	201		15 Phase II technical evaluation of design-build entities: (i)
156	202		16 compliance with objectives of the project; (ii) compliance of
157	203		17 proposed services to the request for proposal requirements;
158	204		18 (iii) quality of products or materials proposed; (iv) quality
159	205		19 of design parameters; (v) design concepts; (vi) innovation in
160	206		20 meeting the scope and performance criteria; and (vii)
161	207		21 constructability of the proposed project. The county may
162	208		22 include any additional relevant technical evaluation factors
163	209		23 it deems necessary for proper selection.
164	210		24 The county shall include the following criteria in every
165	211		25 Phase II cost evaluation: the total project cost, the
166	212		26 construction costs, and the time of completion. The county may
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177	223		1 include any additional relevant technical evaluation factors
178	224		2 it deems necessary for proper selection. The total project
179	225		3 cost criteria weighting factor shall not exceed 30%.
180	226		4 The county shall directly employ or retain a licensed
181	227		5 design professional or a public art designer to evaluate the
182	228		6 technical and cost submissions to determine if the technical
183	229		7 submissions are in accordance with generally accepted industry
184	230		8 standards. Upon completion of the technical submissions and
185	231		9 cost submissions evaluation, the county may award the
186	232		10 design-build contract to the highest overall ranked entity.
187	233		11 (Source: P.A. 102-954, eff. 1-1-23; 103-154, eff. 6-30-23.)
188	234		12 Section 10. The Illinois Municipal Code is amended by
189	235		13 changing Sections 11-39.2-20 and 11-39.2-25 as follows:
190	236		14 (65 ILCS 5/11-39.2-20)
191	237		15 Sec. 11-39.2-20. Development of scope and performance
192	238		16 criteria.
193	239		17 (a) The municipality must develop, with the assistance of
194	240		18 a licensed design professional or public art designer, a
195	241		19 request for proposal, which must include scope and performance
196	242		20 criteria. The scope and performance criteria must be in
197	243		21 sufficient detail and contain adequate information to
198	244		22 reasonably apprise the qualified design-build entities of the
199	245		23 municipality's overall programmatic needs and goals, including
200	246		24 criteria and preliminary design plans, general budget
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211	257		1 parameters, schedule, and delivery requirements.
212	258		2 (b) Each request for proposal must also include a
213	259		3 description of the level of design to be provided in the
214	260		4 proposals. This description must include the scope and type of
215	261		5 renderings, drawings, and specifications that, at a minimum,
216	262		6 will be required by the municipality to be produced by the
217	263		7 design-build entities.
218	264		8 (c) The scope and performance criteria must be prepared by
219	265		9 a design professional or public art designer who is an
220	266		10 employee of the municipality, or the municipality may contract
221	267		11 with an independent design professional or public art designer
222	268		12 selected under the Local Government Professional Services
223	269		13 Selection Act to provide these services.
224	270		14 (d) The design professional or public art designer that
225	271		15 prepares the scope and performance criteria is prohibited from
226	272		16 participating in any design-build entity proposal for the
227	273		17 project.
228	274		18 (e) The design-build contract may be conditioned upon
229	275		19 subsequent refinements in scope and price and may allow the
230	276		20 municipality to make modifications in the project scope
231	277		21 without invalidating the design-build contract.
232	278		22 (Source: P.A. 103-491, eff. 1-1-24.)
233	279		23 (65 ILCS 5/11-39.2-25)
234	280		24 Sec. 11-39.2-25. Procedures for Selection.
235	281		25 (a) The municipality must use a two-phase procedure for
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246	292		1 the selection of the successful design-build entity. Phase I
247	293		2 of the procedure will evaluate and shortlist the design-build
248	294		3 entities based on qualifications, and Phase II will evaluate
249	295		4 the technical and cost proposals.
250	296		5 (b) The municipality must include in the request for
251	297		6 proposal the evaluating factors to be used in Phase I. These
252	298		7 factors are in addition to any prequalification requirements
253	299		8 of design-build entities that the municipality has set forth.
254	300		9 Each request for proposal must establish the relative
255	301		10 importance assigned to each evaluation factor and subfactor,
256	302		11 including any weighting of criteria to be employed by the
257	303		12 municipality. The municipality must maintain a record of the
258	304		13 evaluation scoring to be disclosed in event of a protest
259	305		14 regarding the solicitation.
260	306		15 The municipality must include the following criteria in
261	307		16 every Phase I evaluation of design-build entities: (i)
262	308		17 experience of personnel; (ii) successful experience with
263	309		18 similar project types; (iii) financial capability; (iv)
264	310		19 timeliness of past performance; (v) experience with similarly
265	311		20 sized projects; (vi) successful reference checks of the firm;
266	312		21 (vii) commitment to assign personnel for the duration of the
267	313		22 project and qualifications of the entity's consultants; and
268	314		23 (viii) ability or past performance in meeting or exhausting
269	315		24 good faith efforts to meet the utilization goals for business
270	316		25 enterprises established in the Business Enterprise for
271	317		26 Minorities, Women, and Persons with Disabilities Act and with
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282	328		1 Section 2-105 of the Illinois Human Rights Act. The
283	329		2 municipality may include any additional, relevant criteria in
284	330		3 Phase I that it deems necessary for a proper qualification
285	331		4 review.
286	332		5 The municipality may not consider any design-build entity
287	333		6 for evaluation or award if the entity has any pecuniary
288	334		7 interest in the project or has other relationships or
289	335		8 circumstances, such as long-term leasehold, mutual
290	336		9 performance, or development contracts with the municipality,
291	337		10 that may give the design-build entity a financial or tangible
292	338		11 advantage over other design-build entities in the preparation,
293	339		12 evaluation, or performance of the design-build contract or
294	340		13 that create the appearance of impropriety. A design-build
295	341		14 entity shall not be disqualified under this Section solely due
296	342		15 to having previously been awarded a project or projects under
297	343		16 any applicable public procurement statute of the State. No
298	344		17 proposal may be considered that does not include an entity's
299	345		18 plan to comply with the requirements established in the
300	346		19 Business Enterprise for Minorities, Women, and Persons with
301	347		20 Disabilities Act, for both the design and construction areas
302	348		21 of performance, and with Section 2-105 of the Illinois Human
303	349		22 Rights Act.
304	350		23 Upon completion of the qualification evaluation, the
305	351		24 municipality must create a shortlist of the most highly
306	352		25 qualified design-build entities. The municipality, in its
307	353		26 discretion, is not required to shortlist the maximum number of
308	354
309	355
310	356
311	357
312	358
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315	361
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318	364		1 entities as identified for Phase II evaluation if no less than
319	365		2 2 design-build entities nor more than 6 are selected to submit
320	366		3 Phase II proposals. If a municipality receives one response to
321	367		4 Phase I, nothing in this Section shall prohibit the
322	368		5 municipality from proceeding with a Phase II evaluation of the
323	369		6 single respondent if the municipality, in its discretion,
324	370		7 finds proceeding to be in its best interest.
325	371		8 The municipality must notify the entities selected for the
326	372		9 shortlist in writing. This notification must commence the
327	373		10 period for the preparation of the Phase II technical and cost
328	374		11 evaluations. The municipality must allow sufficient time for
329	375		12 the shortlist entities to prepare their Phase II submittals
330	376		13 considering the scope and detail requested by the
331	377		14 municipality.
332	378		15 (c) The municipality must include in the request for
333	379		16 proposal the evaluating factors to be used in the technical
334	380		17 and cost submission components of Phase II. Each request for
335	381		18 proposal must establish, for both the technical and cost
336	382		19 submission components of Phase II, the relative importance
337	383		20 assigned to each evaluation factor and subfactor, including
338	384		21 any weighting of criteria to be employed by the municipality.
339	385		22 The municipality must maintain a record of the evaluation
340	386		23 scoring to be disclosed in event of a protest regarding the
341	387		24 solicitation.
342	388		25 The municipality must include the following criteria in
343	389		26 every Phase II technical evaluation of design-build entities:
344	390
345	391
346	392
347	393
348	394
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350	396
351	397
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354	400		1 (i) compliance with objectives of the project; (ii) compliance
355	401		2 of proposed services to the request for proposal requirements;
356	402		3 (iii) quality of products or materials proposed; (iv) quality
357	403		4 of design parameters; (v) design concepts; (vi) innovation in
358	404		5 meeting the scope and performance criteria; and (vii)
359	405		6 constructability of the proposed project. The municipality may
360	406		7 include any additional relevant technical evaluation factors
361	407		8 it deems necessary for proper selection.
362	408		9 The municipality must include the following criteria in
363	409		10 every Phase II cost evaluation: the total project cost, the
364	410		11 construction costs, and the time of completion. The
365	411		12 municipality may include any additional relevant technical
366	412		13 evaluation factors it deems necessary for proper selection.
367	413		14 The total project cost criteria weighting factor may not
368	414		15 exceed 30%.
369	415		16 The municipality must directly employ or retain a licensed
370	416		17 design professional or a public art designer to evaluate the
371	417		18 technical and cost submissions to determine if the technical
372	418		19 submissions are in accordance with generally accepted industry
373	419		20 standards. Upon completion of the technical submissions and
374	420		21 cost submissions evaluation, the municipality may award the
375	421		22 design-build contract to the highest overall ranked entity.
376	422		23 (Source: P.A. 103-491, eff. 1-1-24.)
377	423		24 Section 15. The Fire Protection District Act is amended by
378	424		25 changing Section 11k as follows:
379	425
380	426
381	427
382	428
383	429
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385	431
386	432
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389	435		1 (70 ILCS 705/11k)
390	436		2 Sec. 11k. Competitive bidding; notice requirements.
391	437		3 (a) The board of trustees shall have the power to acquire
392	438		4 by gift, legacy, or purchase any personal property necessary
393	439		5 for its corporate purposes provided that all contracts for
394	440		6 supplies, materials, or work involving an expenditure in
395	441		7 excess of $20,000 shall be let to the lowest responsible
396	442		8 bidder after advertising as required under subsection (b) of
397	443		9 this Section; except that, if the board of trustees seeks to
398	444		10 purchase equipment directly from a dealer or an original
399	445		11 manufacturer in excess of $50,000, then the contract for
400	446		12 purchase shall be let to the lowest responsible bidder after
401	447		13 advertising as required under subsection (b) of this Section.
402	448		14 The board is not required to accept a bid that does not meet
403	449		15 the district's established specifications, terms of delivery,
404	450		16 quality, and serviceability requirements. Contracts which, by
405	451		17 their nature, are not adapted to award by competitive bidding,
406	452		18 are not subject to competitive bidding, including, but not
407	453		19 limited to:
408	454		20 (1) contracts for the services of individuals
409	455		21 possessing a high degree of professional skill where the
410	456		22 ability or fitness of the individual plays an important
411	457		23 part;
412	458		24 (2) contracts for the printing of finance committee
413	459		25 reports and departmental reports;
414	460
415	461
416	462
417	463
418	464
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420	466
421	467
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424	470		1 (3) contracts for the printing or engraving of bonds,
425	471		2 tax warrants, and other evidences of indebtedness;
426	472		3 (4) contracts for the maintenance or servicing of, or
427	473		4 provision of repair parts for, equipment which are made
428	474		5 with the manufacturer or authorized service agent of that
429	475		6 equipment where the provision of parts, maintenance, or
430	476		7 servicing can best be performed by the manufacturer or
431	477		8 authorized service agent, or which involve proprietary
432	478		9 parts or technology not otherwise available;
433	479		10 (5) purchases and contracts for the use, purchase,
434	480		11 delivery, movement, or installation of data processing
435	481		12 equipment, software, or services and telecommunications
436	482		13 and interconnect equipment, software, and services;
437	483		14 (6) contracts for duplicating machines and supplies;
438	484		15 (7) contracts for utility services such as water,
439	485		16 light, heat, telephone or telegraph;
440	486		17 (8) contracts for goods or services procured from
441	487		18 another governmental agency;
442	488		19 (9) purchases of equipment previously owned by some
443	489		20 entity other than the district itself; and
444	490		21 (10) contracts for goods or services which are
445	491		22 economically procurable from only one source, such as for
446	492		23 the purchase of magazines, books, periodicals, pamphlets,
447	493		24 reports, and online subscriptions.
448	494		25 Contracts for emergency expenditures are also exempt from
449	495		26 competitive bidding when the emergency expenditure is approved
450	496
451	497
452	498
453	499
454	500
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457	503
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460	506		1 by a vote of 3/4 of the members of the board.
461	507		2 (b) Except as otherwise provided in subsection (a) of this
462	508		3 Section, all proposals to award contracts involving amounts in
463	509		4 excess of $20,000 shall be published at least 10 days,
464	510		5 excluding Sundays and legal holidays, in advance of the date
465	511		6 announced for the receiving of bids, in a secular English
466	512		7 language newspaper of general circulation throughout the
467	513		8 district. In addition, a fire protection district that has a
468	514		9 website that the full-time staff of the district maintains
469	515		10 shall post notice on its website of all proposals to award
470	516		11 contracts in excess of $20,000. Advertisements for bids shall
471	517		12 describe the character of the proposed contract or agreement
472	518		13 in sufficient detail to enable the bidders thereon to know
473	519		14 what their obligations will be, either in the advertisement
474	520		15 itself, or by reference to detailed plans and specifications
475	521		16 on file at the time of the publication of the first
476	522		17 announcement. Such advertisement shall also state the date,
477	523		18 time and place assigned for the opening of bids, and no bids
478	524		19 shall be received at any time subsequent to the time indicated
479	525		20 in the announcement. All competitive bids for contracts
480	526		21 involving an expenditure in excess of $20,000 must be sealed
481	527		22 by the bidder and must be opened by a member of the board or an
482	528		23 employee of the district at a public bid opening at which the
483	529		24 contents of the bids must be announced. Each bidder must
484	530		25 receive at least 3 days' notice of the time and place of the
485	531		26 bid opening.
486	532
487	533
488	534
489	535
490	536
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492	538
493	539
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496		-	1 (c) In addition to contracts entered into under the
497		-	2 Governmental Joint Purchasing Act, a board of trustees may
498		-	3 enter into contracts for supplies, materials, or work
499		-	4 involving an expenditure in excess of $20,000 through
500		-	5 participation in a joint governmental or nongovernmental
501		-	6 purchasing program that requires as part of its selection
502		-	7 procedure a competitive solicitation and procurement process.
503		-	8 (d) Subject to the exceptions under subsections (a) and
504		-	9 (c), any procurement by a board of trustees involving the
505		-	10 acquisition, by direct or beneficial ownership, of
506		-	11 improvements to real estate by a fire protection district
507		-	12 which results in an expenditure of district funds in excess of
508		-	13 $20,000 must be competitively bid in accordance with the
509		-	14 procedures of subsection (b).
510		-	15 (e) Nothing in this Section prohibits a fire protection
511		-	16 district from entering into design-build contracts. Fire
512		-	17 protection districts are authorized to use a design-build
513		-	18 contracting method for construction if a competitive process
514		-	19 consistent with the purpose of this Section is used in
515		-	20 connection with the selection of the design-builder.
516		-	21 (Source: P.A. 102-138, eff. 1-1-22; 102-558, eff 8-20-21;
517		-	22 103-634, eff. 1-1-25.)
518		-	23 Section 99. Effective date. This Act takes effect July 1,
519		-	24 2025.
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521	543
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524	546
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