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| | HB1236 Engrossed | | LRB103 05990 AWJ 51014 b |
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| 1 | | AN ACT concerning local government.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Counties Code is amended by changing |
| 5 | | Section 5-1022 as follows:
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| 6 | | (55 ILCS 5/5-1022) (from Ch. 34, par. 5-1022)
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| 7 | | Sec. 5-1022. Competitive bids.
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| 8 | | (a) Any purchase by a county with fewer than 2,000,000 |
| 9 | | inhabitants of
services, materials, equipment or supplies in |
| 10 | | excess of $30,000, other than
professional services, shall be |
| 11 | | contracted for in one of the following ways:
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| 12 | | (1) by a contract let to the lowest responsible bidder |
| 13 | | after advertising
for bids in a newspaper published within |
| 14 | | the county or, if no newspaper
is published within the |
| 15 | | county, then a newspaper having general circulation
within |
| 16 | | the county; or
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| 17 | | (2) by a contract let without advertising for bids in |
| 18 | | the case of an
emergency if authorized by the county |
| 19 | | board.
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| 20 | | (b) In determining the lowest responsible bidder, the |
| 21 | | county board shall
take into consideration the qualities of |
| 22 | | the articles supplied; their
conformity with the |
| 23 | | specifications; their suitability to the
requirements
of the |
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| | HB1236 Engrossed | - 2 - | LRB103 05990 AWJ 51014 b |
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| 1 | | county; the ,
availability of support services; the uniqueness |
| 2 | | of the service, materials,
equipment, or supplies as it |
| 3 | | applies to networked, integrated computer systems;
the |
| 4 | | compatibility to existing equipment;
and the delivery terms. |
| 5 | | In addition, the county board may take into consideration the |
| 6 | | bidder's active participation in an applicable apprenticeship |
| 7 | | program registered with the United States Department of Labor. |
| 8 | | The county board also may
take into consideration whether a |
| 9 | | bidder is a private enterprise or a
State-controlled |
| 10 | | enterprise and, notwithstanding any other provision of
this |
| 11 | | Section or a lower bid by a State-controlled enterprise, may |
| 12 | | let a
contract to the lowest responsible bidder that is a |
| 13 | | private enterprise.
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| 14 | | (c) This Section does not apply to contracts by a county |
| 15 | | with the federal
government or to purchases of used equipment, |
| 16 | | purchases at auction
or similar transactions which by their |
| 17 | | very nature are not suitable to
competitive bids, pursuant to |
| 18 | | an ordinance adopted by the county board.
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| 19 | | (d) Notwithstanding the provisions of this Section, a |
| 20 | | county may let
without advertising for bids in the case of |
| 21 | | purchases and contracts, when
individual orders do not exceed |
| 22 | | $35,000, for the use, purchase, delivery,
movement, or |
| 23 | | installation of data processing equipment, software, or |
| 24 | | services
and
telecommunications and inter-connect equipment, |
| 25 | | software, and services.
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| 26 | | (e) A county may require, as a condition of any contract |
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| | HB1236 Engrossed | - 3 - | LRB103 05990 AWJ 51014 b |
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| 1 | | for goods and
services,
that persons awarded a contract with |
| 2 | | the county and all affiliates of the
person
collect and
remit |
| 3 | | Illinois Use Tax on all sales of tangible personal property |
| 4 | | into the
State
of Illinois
in accordance with the provisions |
| 5 | | of the Illinois Use Tax Act regardless of
whether the
person or |
| 6 | | affiliate is a "retailer maintaining a place of business |
| 7 | | within this
State" as
defined in Section 2 of the Use Tax Act. |
| 8 | | For purposes of this subsection (e),
the term
"affiliate" |
| 9 | | means any entity that (1) directly, indirectly, or |
| 10 | | constructively
controls another
entity, (2) is directly, |
| 11 | | indirectly, or constructively controlled by another
entity, or |
| 12 | | (3) is
subject to the control of a common entity. For purposes |
| 13 | | of this subsection (e),
an entity
controls another entity if |
| 14 | | it owns, directly or individually, more than 10% of
the voting
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| 15 | | securities of that entity. As used in this subsection (e), the |
| 16 | | term "voting
security" means a
security that (1) confers upon |
| 17 | | the holder the right to vote for the election of
members of
the |
| 18 | | board of directors or similar governing body of the business |
| 19 | | or (2) is
convertible into,
or entitles the holder to receive |
| 20 | | upon its exercise, a security that confers
such a right to
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| 21 | | vote. A general partnership interest is a voting security.
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| 22 | | (f) Bids submitted to, and contracts executed by, the |
| 23 | | county may require
a
certification by the bidder or contractor |
| 24 | | that the bidder or contractor is not
barred from
bidding for or |
| 25 | | entering into a contract under this Section and that the |
| 26 | | bidder
or contractor
acknowledges that the county may declare |