State Laws That Directly Control DuPage County
Procurement:
1. Illinois Procurement Code (30 ILCS 500)
The Illinois Procurement Code applies to most state purchases including
goods and services for construction, capital development, higher education,
and the Department of Transportation. The legislative and judicial
branches are exempt from this Code. Most goods and services, excluding
professional services, are procured by the State either through competitive
sealed bidding or competitive sealed proposals. Professional services
are procured through competitive requests for proposal. DuPage County
separates its procurement of transportation goods and services from
its procurement of all other goods and services. The DuPage County
Division of Transportation conducts the procurement of transportation
goods and services in accordance to the Illinois Department of Transportation
procurement procedures, which are dictated by the Illinois Procurement
Code.
2. Local Government Professional Services Selection Act (50 ILCS
510/1)
The Local Government Professional Services Selection Act applies
to all political subdivisions of the state of Illinois with less than
three million residents. The Act requires local governments to enter
into contracts for architectural, engineering and land surveying services
expected to cost more than $25,000 based on a firm's demonstrated
competence, qualifications, and price. In addition, the Act instructs
local governments to maintain a qualified vendor list. Whenever architectural,
engineering, or land surveying services are required, a local government
must mail a notice requesting a statement of interest to the firms
on its qualified vendor list or advertise for the needed service in
a local newspaper. The Act requires local governments to evaluate
firms submitting letters of interest and then negotiate with the three
firms most likely to be awarded a contract. However, if a local government
unit has a satisfactory relationship with one or more architectural,
engineering, or land-surveying firms it may proceed directly to negotiations
with that firm.
3. Illinois Competitive Bid Requirements Act (55 ILCS 5/5 1022)
The Illinois Competitive Bid Requirements Act applies to counties
with less than two million inhabitants. The Act requires counties
seeking to purchase services, materials, or equipment expected to
cost more than $10,000 to use a competitive bidding selection process.
However, the Act allows counties to employ a selection process other
than competitive bidding for emergency procurements, purchases of
used equipment, purchases at an auction, purchases that "are by their
nature not conducive to competitive bids", or purchases for the delivery,
movement, or installation of data processing equipment, telecommunications
equipment, and software that are expected to cost less than $25,000.
4. Public Officers Prohibited Activities Act (50 ILCS 105)
The Public Officer Prohibited Activities Act identifies basic political
and financial conflicts of interest for County Board members, and
serves as the foundation for the DuPage County Ethics Ordinance. A
violation of the Act by elected officials constitutes a Class 4 felony.
State Laws that Indirectly Control DuPage County
Procurement:
1. Illinois Local Records Act (50 ILCS 205)
The Illinois Local Records Act establishes guidelines for the record
keeping activities of local governments. The Act requires any record
of the obligation, receipt, and use of public funds by a local government
agency be kept at the official place of business for that unit of
local government. Once a citizen requests a specific record, local
records officials have twenty-four hours to produce the record or
to inform the citizen as to why the official cannot comply with the
request.
2. Illinois Freedom of Information Act (5 ILCS 140)
The Illinois Freedom of Information Act requires public bodies supported
by tax revenue and their subunits to make public records available
for citizen inspection. According to the Act, any document used, received,
possessed, or under the control of any public body constitutes a public
record and is therefore open to public inspection. However, the Act
allows local governments to prevent inspection of certain documents
that would otherwise qualify as public records in order to protect
specific information contained in the documents. As a result, procurement
officials may exempt from the Act's disclosure requirements documents
that reveal a contractor's trade secrets or which contain information
that would "frustrate" a government entity's procurement process.
3. State Gift Ban Act ( 5 ILCS 425)
The Illinois State Gift Ban Act applies to the employees and elected
officials of Illinois's government units and their immediate family
members. The Act prohibits government employees and elected officials
from soliciting or accepting gifts from individuals or firms attempting
to obtain government contracts. The Act requires government units
to appoint an ethics officer to investigate alleged violations of
the Act, and to advise the government unit's employees and elected
officials on how best to comply with the Act. Violations of the Act
may result in a public reprimand for elected officials, termination
for government employees, and a $5000 fine.
4. Public Officers Prohibited Activities Act (50 ILCS 105)
The Public Officer Prohibited Activities Act identifies basic political
and financial conflicts of interest for County Board members, and
serves as the foundation for the DuPage County Ethics Ordinance. A
violation of the Act by elected officials constitutes a Class 4 felony.
Local Laws That Directly Affect DuPage County Procurement:
1. DuPage County Purchasing Ordinance of 1999
The 1999 DuPage County Purchasing Ordinance directly controls DuPage
County Procurement. The Ordinance creates a guideline for the County's
procurement decisions, and assigns a procurement procedure based on
the type and value of a good or service. In addition to creating a
decision map for county level procurement, the Ordinance also contains
ethics provisions to guide the behavior of DuPage County Procurement
decision-makers in their interactions with potential or existing county
contractors.
2. DuPage County Contractor Disclosure Code (DuPage County, IL
Code art. 7)
Prior to the County Board awarding a no bid contract for professional
services, the contractor involved is required to disclose any campaign
contributions the company or its principals have made to any elected
county official in excess of $1,000 within the previous twelve months.
Such a disclosure must be in writing, and must be made to the DuPage
County Purchasing Department.
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