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LEGAL DEPARTMENT MEMORANDUM <br /> No. 97-10 <br /> March 27, 1997 <br /> TO: Bruce A. McNabb, Director of Public Works <br /> FROM: John W. Couter, Corporation Counsel <br /> RE: Lowest Possible Bidder <br /> You have asked what discretion the City of Decatur, a home rule unit of government, <br /> possesses with regard to the awarding of a public works contract. <br /> The apparently applicable statute is 65 ILCS 5/8-9-1, and it provides, in relevant part, as <br /> follows: <br /> "In municipalities of less than 500,000 ... any work or other public <br /> improvement ... shall be constructed either (1) by a contract let to the <br /> lowest responsible bidder after advertising for bids ..." <br /> However, the building of a public work (e.g., a watermain) is clearly within the "government and <br /> affairs" of a municipality and therefore within its home rule powers. Ill. Const., Art. VII, Sec. <br /> 6(a) The above-cited statute does not expressly limit the power of a home rule unit to award a <br /> public works contract, therefore it does not do so. Rozner v. Korshak, 55 I11.2d 430, 303 NE2d <br /> 389 (1973) There is no statutory provision which requires a home rule city to award a public <br /> works contract to any bidder. <br /> Moreover, with regard to the concept of "lowest responsible bidder", cities by law have <br /> broad discretionary power. A city can consider a bidder's "... ability to respond ... in accordance <br /> with what may be expected or demanded under the terms of the contract." Hallett v. Cit.�f <br /> El�in, 254 Ill. 343 (1912) And, in the absence of fraud, lack of authority, unfair dealing or <br /> favoritism, a city's decision is not subject to review by a court. Court Street Steak House v. <br /> County of Tazewell, 163 I11.2d 159, 205 I11.Dec. 490 (1994). <br /> Please let me know if you have any further questions. <br /> JWC:ps <br /> cc: James L. Williams, Jr. <br /> Wendy L. Morthland <br /> John T. Robinson <br />