Illinois General Assembly - Full Text of Public Act 096-0170
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Public Act 096-0170




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.)

Effective Date: 1/1/2010