Full Text of SB1745 99th General Assembly
SB1745sam001 99TH GENERAL ASSEMBLY | Sen. Pamela J. Althoff Filed: 3/20/2015
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| 1 | | AMENDMENT TO SENATE BILL 1745
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1745 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 $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
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| 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 | | (c-5) In accordance with standards set by ordinance, a | 22 | | county may let without advertising for bids in the case of | 23 | | purchases and contracts which by their very nature are not | 24 | | suitable to
competitive bids, including, but not limited to: | 25 | | purchases of and contracts for supplies, materials, parts or | 26 | | equipment which are available only from a single source; |
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| 1 | | contracts for utility services such as water, light, heat, | 2 | | telephone, or internet; contracts for maintenance of computer | 3 | | hardware and software; purchases of and contracts for | 4 | | magazines, books, periodicals, and similar articles of an | 5 | | educational or instructional nature; and the binding of such | 6 | | magazines, books, periodicals, pamphlets, reports, and similar | 7 | | articles. | 8 | | (d) Notwithstanding the provisions of this Section, a | 9 | | county may let
without advertising for bids in the case of | 10 | | purchases and contracts, when
individual orders do not exceed | 11 | | $35,000, for the use, purchase, delivery,
movement, or | 12 | | installation of data processing equipment, software, or | 13 | | services
and
telecommunications and inter-connect equipment, | 14 | | software, and services.
| 15 | | (e) A county may require, as a condition of any contract | 16 | | for goods and
services,
that persons awarded a contract with | 17 | | the county and all affiliates of the
person
collect and
remit | 18 | | Illinois Use Tax on all sales of tangible personal property | 19 | | into the
State
of Illinois
in accordance with the provisions of | 20 | | the Illinois Use Tax Act regardless of
whether the
person or | 21 | | affiliate is a "retailer maintaining a place of business within | 22 | | this
State" as
defined in Section 2 of the Use Tax Act. For | 23 | | purposes of this subsection (e),
the term
"affiliate" means any | 24 | | entity that (1) directly, indirectly, or constructively
| 25 | | controls another
entity, (2) is directly, indirectly, or | 26 | | constructively controlled by another
entity, or (3) is
subject |
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| 1 | | to the control of a common entity. For purposes of this | 2 | | subsection (e),
an entity
controls another entity if it owns, | 3 | | directly or individually, more than 10% of
the voting
| 4 | | securities of that entity. As used in this subsection (e), the | 5 | | term "voting
security" means a
security that (1) confers upon | 6 | | the holder the right to vote for the election of
members of
the | 7 | | board of directors or similar governing body of the business or | 8 | | (2) is
convertible into,
or entitles the holder to receive upon | 9 | | its exercise, a security that confers
such a right to
vote. A | 10 | | general partnership interest is a voting security.
| 11 | | (f) Bids submitted to, and contracts executed by, the | 12 | | county may require
a
certification by the bidder or contractor | 13 | | that the bidder or contractor is not
barred from
bidding for or | 14 | | entering into a contract under this Section and that the bidder
| 15 | | or contractor
acknowledges that the county may declare the | 16 | | contract void if the certification
completed
pursuant to this | 17 | | subsection (f) is false.
| 18 | | (Source: P.A. 95-331, eff. 8-21-07; 96-170, eff. 1-1-10.)
| 19 | | Section 99. Effective date. This Act takes effect upon | 20 | | becoming law.".
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