State of Illinois
90th General Assembly
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90_HB3171

      70 ILCS 2605/11.3a new
          Amends the Metropolitan Water Reclamation  District  Act.
      Provides  that  the  district shall let contracts or purchase
      orders for construction projects in excess of $10,000 to  the
      responsible  Illinois business that submitted the lowest bid.
      Defines "Illinois business".
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 1        AN  ACT  to  amend  the  Metropolitan  Water  Reclamation
 2    District Act by adding Section 11.3a.
 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:
 5        Section  5.  The  Metropolitan Water Reclamation District
 6    Act by adding Section 11.3a as follows:
 7        (70 ILCS 2605/11.3a new)
 8        Sec. 11.3a. Illinois business preference.
 9        (a)  Notwithstanding the provisions of  Section  11.3  of
10    this Act, the district shall let contracts or purchase orders
11    for  construction  projects  in  excess  of  $10,000  to  the
12    responsible  Illinois business that submitted the lowest bid.
13    The bid from the  Illinois  business  shall  not  exceed  the
14    lowest  bid  price  or  lowest  evaluated  bid  price  from a
15    responsible non-Illinois business  by  more  than  5%.   This
16    Section  shall not apply to contracts or purchase orders when
17    federal or State grant funding  requirements  prohibit  local
18    preferences.
19        (b)  For   the   purposes   of  this  Section,  "Illinois
20    business" means any person,  including  foreign  corporations
21    and  joint  ventures  in  which the managing firm has no less
22    interest in the joint venture than  any  other  firm  in  the
23    joint venture, that (i) is authorized to transact business in
24    the State of Illinois, (ii) has a bona fide office located in
25    the  State  of  Illinois  for  transacting business, (iii) is
26    transacting  business  on  the  date  that  any   competitive
27    solicitation  for  a public contract is first advertised, and
28    (iv) has a majority of its  regular,  full-time  labor  force
29    located within the State of Illinois.  A joint venture bidder
30    shall  submit  information,  including but not limited to the
31    joint venture agreement, with its bids to establish the joint
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 1    venture's eligibility for the preference.   A  joint  venture
 2    that  fails  to submit the information is not entitled to the
 3    preference.   The  purchasing  agent's  determination  of   a
 4    bidder's eligibility for the preference is final.

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