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| Public Act 096-0170 |
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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 $20,000, 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,
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availability of support services; uniqueness of the service, | ||||
materials,
equipment, or supplies as it applies to networked, | ||
integrated computer systems;
compatibility to existing | ||
equipment;
and the delivery terms. The county board also may
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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 $25,000, 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
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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
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
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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.)
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