School District Emergency Purchasing
By Christopher R. Gorman
Attorney
Robbins Schwartz
Howard A. Metz
Partner
Robbins Schwartz
Logan K. Sweeney
Attorney
Robbins Schwartz
As school administrators know, emergencies happen. Even the best school administrator cannot anticipate every severe weather event, public health crisis or contractor default. The difficulty is determining when expenditures resulting from emergencies justify foregoing statutory bidding requirements.
The Illinois School Code, 105 ILCS 5/10-20.21, requires contracts for the purchase of supplies, materials or work in excess of $35,000 (or lower, if required by board policy), to be publicly bid and awarded to the lowest responsive, responsible bidder. However, contracts needed to respond to emergencies may be exempt, allowing school districts to make expenditures needed to alleviate the impact of unanticipated emergencies on the public well-being and prevent damage to publicly owned assets.