Full Text of HB5061 102nd General Assembly
HB5061eng 102ND GENERAL ASSEMBLY |
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| 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 | 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 $30,000, other than
professional services, shall be | 11 | | 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 | 19 | | board.
| 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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| 1 | | county,
availability of support services; uniqueness of the | 2 | | service, materials,
equipment, or supplies as it applies to | 3 | | networked, integrated computer systems;
compatibility to | 4 | | existing equipment;
and the delivery terms. The county board | 5 | | also may
take into consideration whether a bidder is a private | 6 | | enterprise or a
State-controlled enterprise and, | 7 | | notwithstanding any other provision of
this Section or a lower | 8 | | bid by a State-controlled enterprise, may let a
contract to | 9 | | the lowest responsible bidder that is a private enterprise.
| 10 | | (c) This Section does not apply to contracts by a county | 11 | | with the federal
government or to purchases of used equipment, | 12 | | purchases at auction
or similar transactions which by their | 13 | | very nature are not suitable to
competitive bids, pursuant to | 14 | | an ordinance adopted by the county board.
| 15 | | (d) Notwithstanding the provisions of this Section, a | 16 | | county may let
without advertising for bids in the case of | 17 | | purchases and contracts, when
individual orders do not exceed | 18 | | $35,000, for the use, purchase, delivery,
movement, or | 19 | | installation of data processing equipment, software, or | 20 | | services
and
telecommunications and inter-connect equipment, | 21 | | software, and services.
| 22 | | (e) A county may require, as a condition of any contract | 23 | | for goods and
services,
that persons awarded a contract with | 24 | | the county and all affiliates of the
person
collect and
remit | 25 | | Illinois Use Tax on all sales of tangible personal property | 26 | | into the
State
of Illinois
in accordance with the provisions |
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| 1 | | of the Illinois Use Tax Act regardless of
whether the
person or | 2 | | affiliate is a "retailer maintaining a place of business | 3 | | within this
State" as
defined in Section 2 of the Use Tax Act. | 4 | | For purposes of this subsection (e),
the term
"affiliate" | 5 | | means any entity that (1) directly, indirectly, or | 6 | | constructively
controls another
entity, (2) is directly, | 7 | | indirectly, or constructively controlled by another
entity, or | 8 | | (3) is
subject to the control of a common entity. For purposes | 9 | | of this subsection (e),
an entity
controls another entity if | 10 | | it owns, directly or individually, more than 10% of
the voting
| 11 | | securities of that entity. As used in this subsection (e), the | 12 | | term "voting
security" means a
security that (1) confers upon | 13 | | the holder the right to vote for the election of
members of
the | 14 | | board of directors or similar governing body of the business | 15 | | or (2) is
convertible into,
or entitles the holder to receive | 16 | | upon its exercise, a security that confers
such a right to
| 17 | | vote. A general partnership interest is a voting security.
| 18 | | (f) Bids submitted to, and contracts executed by, the | 19 | | county may require
a
certification by the bidder or contractor | 20 | | that the bidder or contractor is not
barred from
bidding for or | 21 | | entering into a contract under this Section and that the | 22 | | bidder
or contractor
acknowledges that the county may declare | 23 | | the contract void if the certification
completed
pursuant to | 24 | | this subsection (f) is false.
| 25 | | (g) A county may establish goals for the procurement of | 26 | | goods and services to promote and encourage the continuing |
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| 1 | | economic development of: | 2 | | (1) minority-owned and operated businesses; | 3 | | (2) women-owned and operated businesses; | 4 | | (3) businesses owned and operated by persons with | 5 | | disabilities; and | 6 | | (4) businesses located within the county. | 7 | | (Source: P.A. 95-331, eff. 8-21-07; 96-170, eff. 1-1-10.)
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