Public Act 103-0286
Public Act 0286 103RD GENERAL ASSEMBLY
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Public Act 103-0286
| | HB1727 Enrolled | LRB103 27940 AWJ 54318 b |
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| 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 | board.
| (3) by a contract let without advertising for bids in | the case of the expedited replacement of a disabled, | inoperable, or damaged patrol vehicle of the sheriff's | department if authorized by the county board. |
| (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,
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
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.)
| Section 99. Effective date. This Act takes effect upon | becoming law.
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Effective Date: 7/28/2023
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