105 ILCS 5/10-20.21
2021 Illinois Compiled Statutes|Chapter 105 - SCHOOLS|105 ILCS 5/ - School Code.|Article 10 - School Boards

Sec. 10-20.21. Contracts.(a)  To award all contracts for  purchase of supplies and  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: (i) 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; (ii)  contracts for the printing of finance committee reports and departmental  reports; (iii) contracts for the printing or engraving of bonds, tax  warrants and other evidences of indebtedness; (iv) contracts for the  purchase of perishable foods and perishable beverages; (v) 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; (vi)  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; (vii) purchases and contracts for the use,  purchase, delivery, movement, or installation of data processing equipment,  software, or services and telecommunications and interconnect  equipment, software, and services; (viii) contracts for duplicating  machines and supplies; (ix) contracts for the purchase of fuel, including diesel, gasoline, oil, aviation, natural gas, or propane, lubricants, or other petroleum products; (x) purchases of  equipment previously owned by some entity other than the district  itself; (xi) 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; (xii) contracts for goods or services procured  from another governmental agency; (xiii) 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;  (xiv) where funds are expended in an emergency and such emergency  expenditure is approved by 3/4 of the members of the board; (xv) State master contracts authorized under Article 28A of this Code; and (xvi) contracts providing for the transportation of pupils, which contracts must be advertised in the same manner as competitive bids and awarded by first considering the bidder or bidders most able to provide safety and comfort for the pupils, stability of service, and any other factors set forth in the request for proposal regarding quality of service, and then price. However, at no time shall a cause of action lie against a school board for awarding a pupil transportation contract per the standards set forth in this subsection (a) unless the cause of action is based on fraudulent conduct.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  school 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 the 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. State master contracts and certified education purchasing contracts, as defined in Article 28A of this Code, are not subject to the requirements of this paragraph.Under this Section, the acceptance of bids sealed by a bidder and the opening of these bids at a public bid opening may be permitted by an electronic process for communicating, accepting, and opening competitive bids. An electronic bidding process must provide for, but is not limited to, the following safeguards:(1)  On the date and time certain of a bid opening,     the primary person conducting the competitive, sealed, electronic bid process shall log onto a specified database using a unique username and password previously assigned to the bidder to allow access to the  bidder's specific bid project number.(2)  The specified electronic database must be on a     network that (i) is in a secure environment behind a firewall; (ii) has specific encryption tools; (iii) maintains specific intrusion detection systems; (iv) has redundant systems architecture with data storage back-up, whether by compact disc or tape; and (v) maintains a disaster recovery plan.  It is the legislative intent of Public Act 96-841 to maintain the integrity of the sealed bidding process provided for in this Section, to further limit any possibility of bid-rigging, to reduce administrative costs to school districts, and to effect efficiencies in communications with bidders.(b) To require, as a condition of any contract for goods and services,  that persons  bidding for and awarded a contract and all affiliates of the person collect and  remit  Illinois Use Tax on all sales of tangible personal property into the State of  Illinois in  accordance with the provisions of the Illinois Use Tax Act regardless of whether  the  person or affiliate is a "retailer maintaining a place of business within this  State" as  defined in Section 2 of the Use Tax Act. For purposes of this Section, the term  "affiliate"  means any entity that (1) directly, indirectly, or constructively controls  another entity, (2)  is directly, indirectly, or constructively controlled by another entity, or (3)  is subject to  the control of a common entity. For purposes of this subsection (b), an entity  controls  another entity if it owns, directly or individually, more than 10% of the  voting  securities  of that entity. As used in this subsection (b), the term "voting security"  means a security  that (1) confers upon the holder the right to vote for the election of members  of the board  of directors or similar governing body of the business or (2) is convertible  into, or entitles  the holder to receive upon its exercise, a security that confers such a right  to  vote. A  general partnership interest is a voting security.To require that bids and contracts include a certification by the bidder  or  contractor that the bidder or contractor is not barred from bidding for or  entering into a  contract under this Section and that the bidder or contractor acknowledges that  the school  board may declare the contract void if the certification completed pursuant to  this  subsection (b) is false.(b-5) To require all contracts and agreements that pertain to goods and services and that are intended to generate additional revenue and other remunerations for the school district in excess of $1,000, including without limitation vending machine contracts, sports and other attire, class rings, and photographic services, to be approved by the school board. The school board shall file as an attachment to its annual budget a report, in a form as determined by the State Board of Education, indicating for the prior year the name of the vendor, the product or service provided, and the actual net revenue and non-monetary remuneration from each of the contracts or agreements.  In addition, the report shall indicate for what purpose the revenue was used and how and to whom the non-monetary remuneration was distributed.(b-10) To prohibit any contract to purchase food with a bidder or offeror if the bidder's or offeror's contract terms prohibit the school from donating food to food banks, including, but not limited to, homeless shelters, food pantries, and soup kitchens.(c)  If the State education purchasing entity creates a master contract as defined in Article 28A of this Code, then the State education purchasing entity shall notify school districts of the existence of the master contract.(d)   In purchasing supplies, materials, equipment, or services that are not subject to subsection (c) of this Section, before a school district solicits bids or awards a contract, the district may review and consider as a bid under subsection (a) of this Section certified education purchasing contracts that are already available through the State education purchasing entity.(Source: P.A. 101-570, eff. 8-23-19; 101-632, eff. 6-5-20.)