93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB6983


 
Introduced 02/09/04, by Karen May
 
SYNOPSIS AS INTRODUCED:
 		













30 ILCS 500/45-10









    Amends the Illinois Procurement Code. Provides that when the lowest
responsible bidder on a contract is a non-resident, the State may award the
contract to the
lowest responsible resident bidder who rebids at or below the
non-resident's bid.
















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FISCAL NOTE ACT MAY APPLY
















 


 


A BILL FOR









 











HB6983

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    AN ACT concerning procurement. 

 
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    Be it enacted by the People of the State of Illinois, 
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represented in the General Assembly: 


 
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    Section 5. The Illinois Procurement Code is amended by 
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changing
Section 45-10 as follows:


 
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    (30 ILCS 500/45-10)

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    Sec. 45-10. Resident bidders.


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    (a) Amount of preference.  When a contract is to be awarded

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to the lowest responsible
bidder, a resident bidder shall be 
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allowed a preference as against
a non-resident bidder from any

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state that gives or requires a preference to bidders from that

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state.  The preference shall be equal
to the preference given or 
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required by the state of the
non-resident bidder.  Further, if 
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only non-resident bidders are
bidding, the purchasing agency is 
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within its right to specify that
Illinois
labor and 
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manufacturing locations be used as a part of the
manufacturing 
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process, if applicable.
This specification may be negotiated as 
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part of the solicitation
process.


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    (b) Residency.  A resident bidder is a person authorized to

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transact business in this State
and having a bona fide 
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establishment for transacting business
within this State where 
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it was
actually transacting business on the date when any bid 
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for a
public contract is first advertised
or announced.  A 
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resident bidder includes a foreign corporation
duly authorized 
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to transact
business in this State that has a bona fide 
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establishment for
transacting business within this State
where 
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it was actually transacting business on the date when any
bid 
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for a public contract is first
advertised or announced.


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    (c) Federal funds.  This Section does not apply to any

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contract for any project as to
which federal funds are 
31
available for expenditure when its
provisions may be in 
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conflict with
federal law or federal regulation.


 


 






HB6983
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    (d) Rebid by resident bidder. When a contract is to be 
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awarded to the
lowest responsible bidder and the lowest 
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responsible bidder, after the
preference described in 
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subsection (a), if applicable, is granted, is
a non-resident 
5
bidder, then the State may award the contract to the lowest

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responsible resident bidder
who will rebid at the same amount 
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as or a lower amount than the lowest
responsible non-resident 
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bidder. This subsection applies when the State is
acting as a 
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market participant and not as a market regulator under the 
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Commerce
Clause of the United States Constitution.


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(Source: P.A. 90-572, eff. date - See Sec. 99-5.)