Public Act 0014 103RD GENERAL ASSEMBLY
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Public Act 103-0014
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| HB1236 Enrolled | LRB103 05990 AWJ 51014 b |
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AN ACT concerning local government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Counties Code is amended by changing |
Section 5-1022 as follows:
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(55 ILCS 5/5-1022) (from Ch. 34, par. 5-1022)
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Sec. 5-1022. Competitive bids.
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(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:
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(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
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(2) by a contract let without advertising for bids in |
the case of an
emergency if authorized by the county |
board.
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(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 |
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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.
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(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.
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(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.
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(e) A county may require, as a condition of any contract |
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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
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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
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vote. A general partnership interest is a voting security.
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(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 |
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the contract void if the certification
completed
pursuant to |
this subsection (f) is false.
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(Source: P.A. 95-331, eff. 8-21-07; 96-170, eff. 1-1-10.)
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