Sen. Don Harmon
Filed: 5/9/2023
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| 1 | AMENDMENT TO HOUSE BILL 2878
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| 2 | AMENDMENT NO. ______. Amend House Bill 2878 by replacing | ||||||
| 3 | everything after the enacting clause with the following:
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| 4 | "Section 5. The Illinois Procurement Code is amended by | ||||||
| 5 | changing Section 45-10 as follows:
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| 6 | (30 ILCS 500/45-10)
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| 7 | Sec. 45-10. Resident bidders and offerors.
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| 8 | (a) Amount of preference. When a contract is to be awarded
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| 9 | to the
the lowest responsible
bidder or offeror, a resident | ||||||
| 10 | bidder or offeror shall be allowed a preference as against
a | ||||||
| 11 | non-resident bidder or offeror from any
state that gives or | ||||||
| 12 | requires a preference to bidders or offerors from that
state. | ||||||
| 13 | The preference shall be equal
to the preference given or | ||||||
| 14 | required by the state of the
non-resident bidder or offeror. | ||||||
| 15 | Further, if only non-resident bidders or offerors are
bidding, | ||||||
| 16 | the purchasing agency is within its right to specify that
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| 1 | Illinois
labor and manufacturing locations be used as a part | ||||||
| 2 | of the
manufacturing process, if applicable.
This | ||||||
| 3 | specification may be negotiated as part of the solicitation
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| 4 | process. | ||||||
| 5 | (b) Residency. A resident bidder or offeror is a person | ||||||
| 6 | authorized to
transact business in this State
and having a | ||||||
| 7 | bona fide establishment for transacting business
within this | ||||||
| 8 | State where it was
actually transacting business on the date | ||||||
| 9 | when any bid for a
public contract is first advertised
or | ||||||
| 10 | announced. A resident bidder or offeror includes a foreign | ||||||
| 11 | corporation
duly authorized to transact
business in this State | ||||||
| 12 | that has a bona fide establishment for
transacting business | ||||||
| 13 | within this State
where it was actually transacting business | ||||||
| 14 | on the date when any
bid for a public contract is first
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| 15 | advertised or announced.
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| 16 | (c) Federal funds. This Section does not apply to any
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| 17 | contract for any project as to
which federal funds are | ||||||
| 18 | available for expenditure when its
provisions may be in | ||||||
| 19 | conflict with
federal law or federal regulation.
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| 20 | (Source: P.A. 98-1076, eff. 1-1-15.)".
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