Public Act 096-0170
 		





HB0585 Enrolled
LRB096 06140 RLJ 16222 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 $20,000, 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.

    (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 $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.

    (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.)