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Public Act 096-0170
Public Act 0170 96TH GENERAL ASSEMBLY
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Public Act 096-0170
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| HB0585 Enrolled |
LRB096 06140 RLJ 16222 b |
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| 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.)
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Effective Date: 1/1/2010
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