Rep. Harry Osterman
Filed: 5/18/2004
 
 

 




 

 		












09300SB2375ham001

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AMENDMENT TO SENATE BILL 2375 




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    AMENDMENT NO. ______. Amend Senate Bill 2375  by replacing 
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everything after the enacting clause with the following:

 
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    "Section 5. The Illinois Procurement Code is amended  by 
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adding Section 25-65 as follows:
 
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    (30 ILCS 500/25-65  new)
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    Sec. 25-65. Contracts performed outside the United States. 

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Prior to contracting or as a requirement of solicitation of any 
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State contracts for services as defined in Section 1-15.90, 
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whichever is appropriate, prospective vendors shall disclose 
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in a statement of work where services will be performed under 
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that contract, including any subcontracts, and whether any 
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services under that contract, including any subcontracts, are 
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anticipated to be performed outside the United States.
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    In awarding the contract or evaluating the bid or offer, 
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the chief procurement officer may consider such disclosure and 
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the economic impact to the State of Illinois and its residents.

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    If the chief procurement officer awards a contract to a 
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vendor based upon disclosure that work will be performed in the 
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United States and during the term of the contract the 
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contractor or a subcontractor proceeds to shift work outside of 
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the United States, the contractor shall be deemed in breach of 
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contract, unless the chief procurement officer shall have first 
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determined in writing that circumstances require the shift of 
 


 






09300SB2375ham001
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work or that termination of the contract would not be in the 
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State's best interest.

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

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    The Department of Central Management Services shall 
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prepare and deliver to the General Assembly, no later than 
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September 1, 2007, a report on the impact of outsourcing 
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services on the State's cost of procurement that identifies 
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those contracts where it was disclosed that services were 
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provided outside of the United States and  a description and 
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value of those services.".