Sen. Antonio Muņoz

Filed: 3/23/2022





10200HB5061sam001LRB102 21435 RJT 37630 a


2    AMENDMENT NO. ______. Amend House Bill 5061 by replacing
3everything after the enacting clause with the following:
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



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



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1services and telecommunications and inter-connect equipment,
2software, and services.
3    (e) A county may require, as a condition of any contract
4for goods and services, that persons awarded a contract with
5the county and all affiliates of the person collect and remit
6Illinois Use Tax on all sales of tangible personal property
7into the State of Illinois in accordance with the provisions
8of the Illinois Use Tax Act regardless of whether the person or
9affiliate is a "retailer maintaining a place of business
10within this State" as defined in Section 2 of the Use Tax Act.
11For purposes of this subsection (e), the term "affiliate"
12means any entity that (1) directly, indirectly, or
13constructively controls another entity, (2) is directly,
14indirectly, or constructively controlled by another entity, or
15(3) is subject to the control of a common entity. For purposes
16of this subsection (e), an entity controls another entity if
17it owns, directly or individually, more than 10% of the voting
18securities of that entity. As used in this subsection (e), the
19term "voting security" means a security that (1) confers upon
20the holder the right to vote for the election of members of the
21board of directors or similar governing body of the business
22or (2) is convertible into, or entitles the holder to receive
23upon its exercise, a security that confers such a right to
24vote. A general partnership interest is a voting security.
25    (f) Bids submitted to, and contracts executed by, the
26county may require a certification by the bidder or contractor



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1that the bidder or contractor is not barred from bidding for or
2entering into a contract under this Section and that the
3bidder or contractor acknowledges that the county may declare
4the contract void if the certification completed pursuant to
5this subsection (f) is false.
6    (g) A county may establish goals for the procurement of
7goods and services to promote and encourage the continuing
8economic development of businesses:
9        (1) owned and operated by minorities;
10        (2) owned and operated by women;
11        (3) owned and operated by persons with disabilities;
12        (4) owned and operated by veterans; and
13        (5) located within the county.
14    Goals set by a county that result in preferences being
15applied to certain bidders or offerors in a county's
16purchasing process must comply with the constitutional
17standards applicable to the preferences.
18(Source: P.A. 95-331, eff. 8-21-07; 96-170, eff. 1-1-10.)".