HB1236 EnrolledLRB103 05990 AWJ 51014 b

1    AN ACT concerning local government.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Counties Code is amended by changing
5Section 5-1022 as follows:
6    (55 ILCS 5/5-1022)  (from Ch. 34, par. 5-1022)
7    Sec. 5-1022. Competitive bids.
8    (a) Any purchase by a county with fewer than 2,000,000
9inhabitants of services, materials, equipment or supplies in
10excess of $30,000, other than professional services, shall be
11contracted for in one of the following ways:
12        (1) by a contract let to the lowest responsible bidder
13    after advertising for bids in a newspaper published within
14    the county or, if no newspaper is published within the
15    county, then a newspaper having general circulation within
16    the county; or
17        (2) by a contract let without advertising for bids in
18    the case of an emergency if authorized by the county
19    board.
20    (b) In determining the lowest responsible bidder, the
21county board shall take into consideration the qualities of
22the articles supplied; their conformity with the
23specifications; their suitability to the requirements of the



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1county; the , availability of support services; the uniqueness
2of the service, materials, equipment, or supplies as it
3applies to networked, integrated computer systems; the
4compatibility to existing equipment; and the delivery terms.
5In addition, the county board may take into consideration the
6bidder's active participation in an applicable apprenticeship
7program registered with the United States Department of Labor.
8The county board also may take into consideration whether a
9bidder is a private enterprise or a State-controlled
10enterprise and, notwithstanding any other provision of this
11Section or a lower bid by a State-controlled enterprise, may
12let a contract to the lowest responsible bidder that is a
13private enterprise.
14    (c) This Section does not apply to contracts by a county
15with the federal government or to purchases of used equipment,
16purchases at auction or similar transactions which by their
17very nature are not suitable to competitive bids, pursuant to
18an ordinance adopted by the county board.
19    (d) Notwithstanding the provisions of this Section, a
20county may let without advertising for bids in the case of
21purchases and contracts, when individual orders do not exceed
22$35,000, for the use, purchase, delivery, movement, or
23installation of data processing equipment, software, or
24services and telecommunications and inter-connect equipment,
25software, and services.
26    (e) A county may require, as a condition of any contract



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1for goods and services, that persons awarded a contract with
2the county and all affiliates of the person collect and remit
3Illinois Use Tax on all sales of tangible personal property
4into the State of Illinois in accordance with the provisions
5of the Illinois Use Tax Act regardless of whether the person or
6affiliate is a "retailer maintaining a place of business
7within this State" as defined in Section 2 of the Use Tax Act.
8For purposes of this subsection (e), the term "affiliate"
9means any entity that (1) directly, indirectly, or
10constructively controls another entity, (2) is directly,
11indirectly, or constructively controlled by another entity, or
12(3) is subject to the control of a common entity. For purposes
13of this subsection (e), an entity controls another entity if
14it owns, directly or individually, more than 10% of the voting
15securities of that entity. As used in this subsection (e), the
16term "voting security" means a security that (1) confers upon
17the holder the right to vote for the election of members of the
18board of directors or similar governing body of the business
19or (2) is convertible into, or entitles the holder to receive
20upon its exercise, a security that confers such a right to
21vote. A general partnership interest is a voting security.
22    (f) Bids submitted to, and contracts executed by, the
23county may require a certification by the bidder or contractor
24that the bidder or contractor is not barred from bidding for or
25entering into a contract under this Section and that the
26bidder or contractor acknowledges that the county may declare



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1the contract void if the certification completed pursuant to
2this subsection (f) is false.
3(Source: P.A. 95-331, eff. 8-21-07; 96-170, eff. 1-1-10.)