|
|
|
|
HB0585 Engrossed |
|
LRB096 06140 RLJ 16222 b |
|
|
| 1 |
| AN ACT concerning local government.
|
| 2 |
| Be it enacted by the People of the State of Illinois,
|
| 3 |
| represented in the General Assembly:
|
| 4 |
| Section 5. The Counties Code is amended by changing Section |
| 5 |
| 5-1022 as follows:
|
| 6 |
| (55 ILCS 5/5-1022) (from Ch. 34, par. 5-1022)
|
| 7 |
| Sec. 5-1022. Competitive bids.
|
| 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 $20,000, other than
professional services, |
| 11 |
| shall be contracted for in one of the following ways:
|
| 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
|
| 17 |
| (2) by a contract let without advertising for bids in |
| 18 |
| the case of an
emergency if authorized by the county board.
|
| 19 |
| (b) In determining the lowest responsible bidder, the |
| 20 |
| county board shall
take into consideration the qualities of the |
| 21 |
| articles supplied; their
conformity with the specifications; |
| 22 |
| their suitability to the
requirements
of the county,
|
| 23 |
| availability of support services; uniqueness of the service, |
|
|
|
HB0585 Engrossed |
- 2 - |
LRB096 06140 RLJ 16222 b |
|
|
| 1 |
| materials,
equipment, or supplies as it applies to networked, |
| 2 |
| integrated computer systems;
compatibility to existing |
| 3 |
| equipment;
and the delivery terms. The county board also may
|
| 4 |
| take into consideration whether a bidder is a private |
| 5 |
| enterprise or a
State-controlled enterprise and, |
| 6 |
| notwithstanding any other provision of
this Section or a lower |
| 7 |
| bid by a State-controlled enterprise, may let a
contract to the |
| 8 |
| lowest responsible bidder that is a private enterprise.
|
| 9 |
| (c) This Section does not apply to contracts by a county |
| 10 |
| with the federal
government or to purchases of used equipment, |
| 11 |
| purchases at auction
or similar transactions which by their |
| 12 |
| very nature are not suitable to
competitive bids, pursuant to |
| 13 |
| an ordinance adopted by the county board.
|
| 14 |
| (d) Notwithstanding the provisions of this Section, a |
| 15 |
| county may let
without advertising for bids in the case of |
| 16 |
| purchases and contracts, when
individual orders do not exceed |
| 17 |
| $35,000 $25,000, for the use, purchase, delivery,
movement, or |
| 18 |
| installation of data processing equipment, software, or |
| 19 |
| services
and
telecommunications and inter-connect equipment, |
| 20 |
| software, and services.
|
| 21 |
| (e) A county may require, as a condition of any contract |
| 22 |
| for goods and
services,
that persons awarded a contract with |
| 23 |
| the county and all affiliates of the
person
collect and
remit |
| 24 |
| Illinois Use Tax on all sales of tangible personal property |
| 25 |
| into the
State
of Illinois
in accordance with the provisions of |
| 26 |
| the Illinois Use Tax Act regardless of
whether the
person or |
|
|
|
HB0585 Engrossed |
- 3 - |
LRB096 06140 RLJ 16222 b |
|
|
| 1 |
| affiliate is a "retailer maintaining a place of business within |
| 2 |
| this
State" as
defined in Section 2 of the Use Tax Act. For |
| 3 |
| purposes of this subsection (e),
the term
"affiliate" means any |
| 4 |
| entity that (1) directly, indirectly, or constructively
|
| 5 |
| controls another
entity, (2) is directly, indirectly, or |
| 6 |
| constructively controlled by another
entity, or (3) is
subject |
| 7 |
| to the control of a common entity. For purposes of this |
| 8 |
| subsection (e),
an entity
controls another entity if it owns, |
| 9 |
| directly or individually, more than 10% of
the voting
|
| 10 |
| securities of that entity. As used in this subsection (e), the |
| 11 |
| term "voting
security" means a
security that (1) confers upon |
| 12 |
| the holder the right to vote for the election of
members of
the |
| 13 |
| board of directors or similar governing body of the business or |
| 14 |
| (2) is
convertible into,
or entitles the holder to receive upon |
| 15 |
| its exercise, a security that confers
such a right to
vote. A |
| 16 |
| general partnership interest is a voting security.
|
| 17 |
| (f) Bids submitted to, and contracts executed by, the |
| 18 |
| county may require
a
certification by the bidder or contractor |
| 19 |
| that the bidder or contractor is not
barred from
bidding for or |
| 20 |
| entering into a contract under this Section and that the bidder
|
| 21 |
| or contractor
acknowledges that the county may declare the |
| 22 |
| contract void if the certification
completed
pursuant to this |
| 23 |
| subsection (f) is false.
|
| 24 |
| (Source: P.A. 95-331, eff. 8-21-07.)
|