HB1053ham001 104TH GENERAL ASSEMBLY

Rep. Dave Vella

Filed: 3/5/2025

10400HB1053ham001 LRB104 03266 HLH 23239 a

AMENDMENT TO HOUSE BILL 1053

AMENDMENT NO. ______. Amend House Bill 1053 by replacing everything after the enacting clause with the following:

"Section 5. The Illinois Procurement Code is amended by changing Section 25-65 as follows:

(30 ILCS 500/25-65)

Sec. 25-65. Contracts performed outside the United States.

Prior to contracting or as a requirement of solicitation of any State contracts for services as defined in Section 1-15.90, whichever is appropriate, potential contractors shall disclose in a statement of work where services will be performed under that contract, including any subcontracts, and whether any services under that contract, including any subcontracts, are anticipated to be performed outside the United States.

In awarding the contract or evaluating the bid or offer, the chief procurement officer shall may consider such disclosure and the economic impact to the State of Illinois and its residents.

The chief procurement officer may not award a contract to a vendor if more than 10% of the services contracted, based on the cost of services, are to be performed outside of the United States unless the chief procurement officer first determines in writing that the contracted services are not provided in the United States or that the contracted services being performed outside of the United States better serves the public interest by helping to protect or save life, property, or the environment. The limitation under this paragraph that the chief procurement officer may not award a contract to a vendor if more than 10% of the services contracted are to be performed outside of the United States shall not apply to emergency purchases authorized under Section 20-30 of this Code or to sole source or sole economically feasible source purchases authorized under Section 20-25 of this Code. The changes made to this Section by this amendatory Act of the 104th General Assembly apply to procurements that are first solicited on or after July 1, 2025.

If the chief procurement officer awards a contract to a vendor based upon disclosure that work will be performed in the United States and during the term of the contract the contractor or a subcontractor proceeds to shift work outside of the United States, the contractor shall be deemed in breach of contract, unless the chief procurement officer shall have first determined in writing that circumstances require the shift of work or that termination of the contract would not be in the State's best interest.

Nothing in this Section is intended to contravene any existing treaty, law, agreement, or regulation of the United States.

The chief procurement officer appointed pursuant to paragraph (4) of subsection (a) of Section 10-20 shall prepare and deliver to the General Assembly, no later than September 1, 2015, a report on the impact of outsourcing services for State agencies subject to the jurisdiction of the chief procurement officer. The report shall include the State's cost of procurement and shall identify those contracts where it was disclosed that services were provided outside of the United States, including a description and value of those services. Each State agency subject to the jurisdiction of the chief procurement officer appointed pursuant to paragraph (4) of subsection (a) of Section 10-20 must provide the chief procurement officer the information necessary to comply with this Section on or before June 1, 2015. The requirement for reporting to the General Assembly shall be satisfied by filing copies of the report in the manner provided by Section 3.1 of the General Assembly Organization Act.

(Source: P.A. 98-1076, eff. 1-1-15.)

Section 99. Effective date. This Act takes effect upon becoming law.".