Sen. Pamela J. Althoff

Filed: 3/2/2009

 

 


 

 


 
09600SB1414sam001 LRB096 03591 RLJ 22644 a

1
AMENDMENT TO SENATE BILL 1414

2     AMENDMENT NO. ______. Amend Senate Bill 1414 by replacing
3 everything after the enacting clause with the following:
 
4     "Section 5. The Counties Code is amended by changing
5 Section 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 $50,000 $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

 

 

09600SB1414sam001 - 2 - LRB096 03591 RLJ 22644 a

1         (2) by a contract let without advertising for bids in
2     the case of an emergency if authorized by the county board.
3     (b) In determining the lowest responsible bidder, the
4 county board shall take into consideration the qualities of the
5 articles supplied; their conformity with the specifications;
6 their suitability to the requirements of the county,
7 availability of support services; uniqueness of the service,
8 materials, equipment, or supplies as it applies to networked,
9 integrated computer systems; compatibility to existing
10 equipment; and the delivery terms. The county board also may
11 take into consideration whether a bidder is a private
12 enterprise or a State-controlled enterprise and,
13 notwithstanding any other provision of this Section or a lower
14 bid by a State-controlled enterprise, may let a contract to the
15 lowest responsible bidder that is a private enterprise.
16     (c) This Section does not apply to contracts by a county
17 with the federal government or to purchases of used equipment,
18 purchases at auction or similar transactions which by their
19 very nature are not suitable to competitive bids, pursuant to
20 an ordinance adopted by the county board.
21     (d) Notwithstanding the provisions of this Section, a
22 county may let without advertising for bids in the case of
23 purchases and contracts, when individual orders do not exceed
24 $25,000, for the use, purchase, delivery, movement, or
25 installation of data processing equipment, software, or
26 services and telecommunications and inter-connect equipment,

 

 

09600SB1414sam001 - 3 - LRB096 03591 RLJ 22644 a

1 software, and services.
2     (e) A county may require, as a condition of any contract
3 for goods and services, that persons awarded a contract with
4 the county and all affiliates of the person collect and remit
5 Illinois Use Tax on all sales of tangible personal property
6 into the State of Illinois in accordance with the provisions of
7 the Illinois Use Tax Act regardless of whether the person or
8 affiliate is a "retailer maintaining a place of business within
9 this State" as defined in Section 2 of the Use Tax Act. For
10 purposes of this subsection (e), the term "affiliate" means any
11 entity that (1) directly, indirectly, or constructively
12 controls another entity, (2) is directly, indirectly, or
13 constructively controlled by another entity, or (3) is subject
14 to the control of a common entity. For purposes of this
15 subsection (e), an entity controls another entity if it owns,
16 directly or individually, more than 10% of the voting
17 securities of that entity. As used in this subsection (e), the
18 term "voting security" means a security that (1) confers upon
19 the holder the right to vote for the election of members of the
20 board of directors or similar governing body of the business or
21 (2) is convertible into, or entitles the holder to receive upon
22 its exercise, a security that confers such a right to vote. A
23 general partnership interest is a voting security.
24     (f) Bids submitted to, and contracts executed by, the
25 county may require a certification by the bidder or contractor
26 that the bidder or contractor is not barred from bidding for or

 

 

09600SB1414sam001 - 4 - LRB096 03591 RLJ 22644 a

1 entering into a contract under this Section and that the bidder
2 or contractor acknowledges that the county may declare the
3 contract void if the certification completed pursuant to this
4 subsection (f) is false.
5 (Source: P.A. 95-331, eff. 8-21-07.)
 
6     Section 99. Effective date. This Act takes effect upon
7 becoming law.".