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| Public Act 103-0014 | ||||
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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 | ||||
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 | ||
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 | ||
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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