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Public Act 093-1081


 

Public Act 1081 93RD GENERAL ASSEMBLY

 


 
Public Act 093-1081
 
SB2375 Enrolled LRB093 16625 JAM 42275 b

    AN ACT concerning procurement.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Procurement Code is amended by
adding Section 25-65 as follows:
 
    (30 ILCS 500/25-65 new)
    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, prospective vendors 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 may consider such disclosure and
the economic impact to the State of Illinois and its residents.
    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 Department of Central Management Services shall
prepare and deliver to the General Assembly, no later than
September 1, 2007, a report on the impact of outsourcing
services on the State's cost of procurement that identifies
those contracts where it was disclosed that services were
provided outside of the United States and a description and
value of those services.

Effective Date: 6/1/05