Electronic Bidding for Construction Contracts Now Permitted Under Recent Amendment to the Public Community College Act

The Illinois General Assembly recently amended Section 3-27.1 of Public Community College Act (the “Act) to allow the electronic submission of sealed bids for construction projects. Prior to the amendment, electronically submitting sealed bids were legal except for construction bids, which were specifically prohibited.

As with other electronic sealed bids, electronic bids for construction must comply with other provisions of the Act. Specifically, “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.” 110 ILCS 805/3-27.1. Unless the electronic submission procedures provide for a secure receipt, the bidder assumes the risk of a premature disclosure due to the bid being in an unsealed form.

Please contact your Robbins Schwartz attorney with any questions about submitting sealed bids electronically or compliance with the Public Community College Act.

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