Bill Amendment: IL SB1745 | 2015-2016 | 99th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: CNTY CD-PROCUREMENT CONTRACTS

Status: 2015-05-31 - Rule 19(a) / Re-referred to Rules Committee [SB1745 Detail]

Download: Illinois-2015-SB1745-Senate_Amendment_001.html

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Sen. Pamela J. Althoff

Filed: 3/20/2015

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AMENDMENT TO SENATE BILL 1745
AMENDMENT NO. ______. Amend Senate Bill 1745 by replacing
everything after the enacting clause with the following:
"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, 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

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(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.
(c-5) In accordance with standards set by ordinance, a
county may let without advertising for bids in the case of
purchases and contracts which by their very nature are not
suitable to competitive bids, including, but not limited to:
purchases of and contracts for supplies, materials, parts or
equipment which are available only from a single source;

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contracts for utility services such as water, light, heat,
telephone, or internet; contracts for maintenance of computer
hardware and software; purchases of and contracts for
magazines, books, periodicals, and similar articles of an
educational or instructional nature; and the binding of such
magazines, books, periodicals, pamphlets, reports, and similar
articles.
(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, 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

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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; 96-170, eff. 1-1-10.)
Section 99. Effective date. This Act takes effect upon
becoming law.".