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| | HB5511 Engrossed | | LRB103 38791 MXP 68928 b |
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| 1 | | AN ACT concerning finance.
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| 2 | | Be it enacted by the People of the State of Illinois, |
| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Illinois Procurement Code is amended by |
| 5 | | changing Section 45-105 as follows:
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| 6 | | (30 ILCS 500/45-105) |
| 7 | | Sec. 45-105. Bid preference for Illinois businesses. |
| 8 | | (a) (Blank). |
| 9 | | (b) It is hereby declared to be the public policy of the |
| 10 | | State of Illinois to promote the economy of Illinois through |
| 11 | | the use of Illinois businesses for all State construction |
| 12 | | contracts. |
| 13 | | (c) Construction agencies procuring construction and |
| 14 | | construction-related professional services shall make |
| 15 | | reasonable efforts to contract with Illinois businesses. |
| 16 | | (d) Beginning in 2022, each construction agency shall |
| 17 | | submit a report to the Governor and the General Assembly by |
| 18 | | September 1 of each year that identifies the Illinois |
| 19 | | businesses procured by the construction agency, the primary |
| 20 | | location of the construction project, the percentage of the |
| 21 | | construction agency's utilization of Illinois businesses on |
| 22 | | the project as a whole, and the actions that the construction |
| 23 | | agency has undertaken to increase the use of Illinois |
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| | HB5511 Engrossed | - 2 - | LRB103 38791 MXP 68928 b |
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| 1 | | businesses. |
| 2 | | (e) In procuring construction and construction-related |
| 3 | | professional services for projects with a total value that |
| 4 | | exceeds the small purchase maximum established by Section |
| 5 | | 20-20 of this Code, construction agencies shall provide a bid |
| 6 | | preference to a responsive and responsible bidder that is an |
| 7 | | Illinois business as defined in this Section. The construction |
| 8 | | agency shall allocate to the lowest bid by an Illinois |
| 9 | | business that is responsible and responsive a bid preference |
| 10 | | of 4% of the contract base bid. This subsection applies only to |
| 11 | | projects where a business that is not an Illinois business |
| 12 | | submits a bid. |
| 13 | | (e-5) The chief procurement officer shall require at the |
| 14 | | time of submission of a bid, and may require at the chief |
| 15 | | procurement officer's option at any time during the term of |
| 16 | | the contract, that the bidder or contractor submit an |
| 17 | | affidavit and other supporting documents demonstrating that |
| 18 | | the bidder or contractor is an Illinois business and, if |
| 19 | | applicable, submit an affidavit and other supporting documents |
| 20 | | demonstrating that the bidder or contractor is eligible for a |
| 21 | | 4% bid preference under this Section. |
| 22 | | (e-10) If a contractor who is awarded a contract through |
| 23 | | the use of a preference for Illinois businesses provided false |
| 24 | | information in order to obtain that preference, then the |
| 25 | | contractor is subject to disciplinary procedures as identified |
| 26 | | in Section 50-65 of this Act. |
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| | HB5511 Engrossed | - 3 - | LRB103 38791 MXP 68928 b |
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| 1 | | (f) This Section does not apply to any contract for any |
| 2 | | project for which federal funds are available for expenditure |
| 3 | | when its provisions may be in conflict with federal law or |
| 4 | | federal regulation. |
| 5 | | (g) As used in this Section, "Illinois business" means a |
| 6 | | contractor that is, for at least one year prior, operating and |
| 7 | | headquartered in Illinois, subject to applicable State taxes, |
| 8 | | and providing, at the time that an invitation for a bid or |
| 9 | | notice of contract opportunity is first advertised, |
| 10 | | construction or construction-related professional services. |
| 11 | | "Illinois business" includes a foreign corporation duly |
| 12 | | authorized to transact business in this State that has a bona |
| 13 | | fide establishment for transacting business within this State |
| 14 | | where it is operating, headquartered, and performing |
| 15 | | construction or construction-related professional services at |
| 16 | | least one year before an invitation for a bid or notice of |
| 17 | | contract opportunity is first advertised. , and is operating |
| 18 | | as: |
| 19 | | (1) a sole proprietor whose primary residence is in |
| 20 | | Illinois; |
| 21 | | (2) a business incorporated or organized as a domestic |
| 22 | | corporation under the Business Corporation Act of 1983; |
| 23 | | (3) a business organized as a domestic partnership |
| 24 | | under the Uniform Partnership Act of 1997; |
| 25 | | (4) a business organized as a domestic limited |
| 26 | | partnership under the Uniform Limited Partnership Act of |