Sen. Don Harmon

Filed: 5/9/2023

 

 


 

 


 
10300HB2878sam001LRB103 30786 RJT 61684 a

1
AMENDMENT TO HOUSE BILL 2878

2    AMENDMENT NO. ______. Amend House Bill 2878 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Procurement Code is amended by
5changing Section 45-10 as follows:
 
6    (30 ILCS 500/45-10)
7    Sec. 45-10. Resident bidders and offerors.
8    (a) Amount of preference. When a contract is to be awarded
9to the the lowest responsible bidder or offeror, a resident
10bidder or offeror shall be allowed a preference as against a
11non-resident bidder or offeror from any state that gives or
12requires a preference to bidders or offerors from that state.
13The preference shall be equal to the preference given or
14required by the state of the non-resident bidder or offeror.
15Further, if only non-resident bidders or offerors are bidding,
16the purchasing agency is within its right to specify that

 

 

10300HB2878sam001- 2 -LRB103 30786 RJT 61684 a

1Illinois labor and manufacturing locations be used as a part
2of the manufacturing process, if applicable. This
3specification may be negotiated as part of the solicitation
4process.
5    (b) Residency. A resident bidder or offeror is a person
6authorized to transact business in this State and having a
7bona fide establishment for transacting business within this
8State where it was actually transacting business on the date
9when any bid for a public contract is first advertised or
10announced. A resident bidder or offeror includes a foreign
11corporation duly authorized to transact business in this State
12that has a bona fide establishment for transacting business
13within this State where it was actually transacting business
14on the date when any bid for a public contract is first
15advertised or announced.
16    (c) Federal funds. This Section does not apply to any
17contract for any project as to which federal funds are
18available for expenditure when its provisions may be in
19conflict with federal law or federal regulation.
20(Source: P.A. 98-1076, eff. 1-1-15.)".