Illinois General Assembly - Full Text of HB5765
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Full Text of HB5765  102nd General Assembly




State of Illinois
2021 and 2022


Introduced 11/16/2022, by Rep. Dave Vella - Maurice A. West, II


55 ILCS 5/5-1022  from Ch. 34, par. 5-1022

    Amends the Counties Code. Provides that, in determining the lowest responsible bidder, a county board of a county with fewer than 2,000,000 inhabitants shall for certain procurements take into consideration, among other things, the bidder's active participation in an apprenticeship program registered with the United States Department of Labor.

LRB102 27999 AWJ 39798 b





HB5765LRB102 27999 AWJ 39798 b

1    AN ACT concerning local government.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Counties Code is amended by changing
5Section 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
9inhabitants of services, materials, equipment or supplies in
10excess of $30,000, other than professional services, shall be
11contracted 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
21county board shall take into consideration the qualities of
22the articles supplied; their conformity with the
23specifications; their suitability to the requirements of the



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1county; the , availability of support services; the uniqueness
2of the service, materials, equipment, or supplies as it
3applies to networked, integrated computer systems; the
4compatibility to existing equipment; the bidder's active
5participation in an apprenticeship program registered with the
6United States Department of Labor; and the delivery terms. The
7county board also may take into consideration whether a bidder
8is a private enterprise or a State-controlled enterprise and,
9notwithstanding any other provision of this Section or a lower
10bid by a State-controlled enterprise, may let a contract to
11the lowest responsible bidder that is a private enterprise.
12    (c) This Section does not apply to contracts by a county
13with the federal government or to purchases of used equipment,
14purchases at auction or similar transactions which by their
15very nature are not suitable to competitive bids, pursuant to
16an ordinance adopted by the county board.
17    (d) Notwithstanding the provisions of this Section, a
18county may let without advertising for bids in the case of
19purchases and contracts, when individual orders do not exceed
20$35,000, for the use, purchase, delivery, movement, or
21installation of data processing equipment, software, or
22services and telecommunications and inter-connect equipment,
23software, and services.
24    (e) A county may require, as a condition of any contract
25for goods and services, that persons awarded a contract with
26the county and all affiliates of the person collect and remit



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



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1(Source: P.A. 95-331, eff. 8-21-07; 96-170, eff. 1-1-10.)