Public Act 103-0014
HB1236 EnrolledLRB103 05990 AWJ 51014 b

    AN ACT concerning local government.
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
    Section 5. The Counties Code is amended by changing
Section 5-1022 as follows:
    (55 ILCS 5/5-1022)  (from Ch. 34, par. 5-1022)
    Sec. 5-1022. Competitive bids.
    (a) Any purchase by a county with fewer than 2,000,000
inhabitants of services, materials, equipment or supplies in
excess of $30,000, other than professional services, shall be
contracted for in one of the following ways:
        (1) by a contract let to the lowest responsible bidder
    after advertising for bids in a newspaper published within
    the county or, if no newspaper is published within the
    county, then a newspaper having general circulation within
    the county; or
        (2) by a contract let without advertising for bids in
    the case of an emergency if authorized by the county
    (b) In determining the lowest responsible bidder, the
county board shall take into consideration the qualities of
the articles supplied; their conformity with the
specifications; their suitability to the requirements of the
county; the , availability of support services; the uniqueness
of the service, materials, equipment, or supplies as it
applies to networked, integrated computer systems; the
compatibility to existing equipment; and the delivery terms.
In addition, the county board may take into consideration the
bidder's active participation in an applicable apprenticeship
program registered with the United States Department of Labor.
The county board also may take into consideration whether a
bidder is a private enterprise or a State-controlled
enterprise and, notwithstanding any other provision of this
Section or a lower bid by a State-controlled enterprise, may
let a contract to the lowest responsible bidder that is a
private enterprise.
    (c) This Section does not apply to contracts by a county
with the federal government or to purchases of used equipment,
purchases at auction or similar transactions which by their
very nature are not suitable to competitive bids, pursuant to
an ordinance adopted by the county board.
    (d) Notwithstanding the provisions of this Section, a
county may let without advertising for bids in the case of
purchases and contracts, when individual orders do not exceed
$35,000, for the use, purchase, delivery, movement, or
installation of data processing equipment, software, or
services and telecommunications and inter-connect equipment,
software, and services.
    (e) A county may require, as a condition of any contract
for goods and services, that persons awarded a contract with
the county and all affiliates of the person collect and remit
Illinois Use Tax on all sales of tangible personal property
into the State of Illinois in accordance with the provisions
of the Illinois Use Tax Act regardless of whether the person or
affiliate is a "retailer maintaining a place of business
within this State" as defined in Section 2 of the Use Tax Act.
For purposes of this subsection (e), the term "affiliate"
means any entity that (1) directly, indirectly, or
constructively controls another entity, (2) is directly,
indirectly, or constructively controlled by another entity, or
(3) is subject to the control of a common entity. For purposes
of this subsection (e), an entity controls another entity if
it owns, directly or individually, more than 10% of the voting
securities of that entity. As used in this subsection (e), the
term "voting security" means a security that (1) confers upon
the holder the right to vote for the election of members of the
board of directors or similar governing body of the business
or (2) is convertible into, or entitles the holder to receive
upon its exercise, a security that confers such a right to
vote. A general partnership interest is a voting security.
    (f) Bids submitted to, and contracts executed by, the
county may require a certification by the bidder or contractor
that the bidder or contractor is not barred from bidding for or
entering into a contract under this Section and that the
bidder or contractor acknowledges that the county may declare
the contract void if the certification completed pursuant to
this subsection (f) is false.
(Source: P.A. 95-331, eff. 8-21-07; 96-170, eff. 1-1-10.)