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2005 Illinois 30 ILCS 500/      Illinois Procurement Code. Article 45 - Preferences


      (30 ILCS 500/Art. 45 heading)
ARTICLE 45
PREFERENCES

    (30 ILCS 500/45‑5)
    Sec. 45‑5. Procurement preferences. To promote business and employment opportunities in Illinois, procurement preferences are established and shall be applicable to any procurement made under this Code.
(Source: P.A. 90‑572, eff. date ‑ See Sec. 99‑5.)

    (30 ILCS 500/45‑10)
    Sec. 45‑10. Resident bidders.
    (a) Amount of preference. When a contract is to be awarded to the lowest responsible bidder, a resident bidder shall be allowed a preference as against a non‑resident bidder from any state that gives or requires a preference to bidders from that state. The preference shall be equal to the preference given or required by the state of the non‑resident bidder. Further, if only non‑resident bidders are bidding, the purchasing agency is within its right to specify that Illinois labor and manufacturing locations be used as a part of the manufacturing process, if applicable. This specification may be negotiated as part of the solicitation process.
    (b) Residency. A resident bidder is a person authorized to transact business in this State and having a bona fide establishment for transacting business within this State where it was actually transacting business on the date when any bid for a public contract is first advertised or announced. A resident bidder includes a foreign corporation duly authorized to transact business in this State that has a bona fide establishment for transacting business within this State where it was actually transacting business on the date when any bid for a public contract is first advertised or announced.
    (c) Federal funds. This Section does not apply to any contract for any project as to which federal funds are available for expenditure when its provisions may be in conflict with federal law or federal regulation.
(Source: P.A. 90‑572, eff. date ‑ See Sec. 99‑5.)

    (30 ILCS 500/45‑15)
    Sec. 45‑15. Soybean oil‑based ink. Contracts requiring the procurement of printing services shall specify the use of soybean oil‑based ink unless a State purchasing officer determines that another type of ink is required to assure high quality and reasonable pricing of the printed product.
(Source: P.A. 90‑572, eff. date ‑ See Sec. 99‑5.)

    (30 ILCS 500/45‑20)
    Sec. 45‑20. Recycled materials. When a public contract is to be awarded to the lowest responsible bidder, an otherwise qualified bidder who will fulfill the contract through the use of products made of recycled materials may, on a pilot basis or in accordance with a pilot study, be given preference over other bidders unable to do so, provided that the cost included in the bid of products made of recycled materials is not more than 10% greater than the cost of products not made of recycled materials.
(Source: P.A. 90‑572, eff. date ‑ See Sec. 99‑5.)

    (30 ILCS 500/45‑25)
    Sec. 45‑25. Recyclable paper. All paper purchased for use by State agencies must be recyclable paper unless recyclable paper cannot be used to meet the requirements of the State agencies. State agencies shall determine their paper requirements to allow the use of recyclable paper whenever possible, including without limitation using plain paper rather than colored paper that is not recyclable.
(Source: P.A. 90‑572, eff. date ‑ See Sec. 99‑5.)

    (30 ILCS 500/45‑30)
    Sec. 45‑30. Correctional industries. Notwithstanding anything to the contrary in other law, the chief procurement officer shall, in consultation with the Department of Corrections, determine which articles, materials, industry related services, food stuffs, and supplies that are produced or manufactured by persons confined in institutions and facilities of the Department of Corrections shall be given preference by purchasing agencies procuring those items. The chief procurement officer shall develop and distribute to the various purchasing and using agencies procedures for implementing this Section.
(Source: P.A. 90‑572, eff. date ‑ See Sec. 99‑5.)

    (30 ILCS 500/45‑35)
    Sec. 45‑35. Sheltered workshops for the severely handicapped.
    (a) Qualification. Supplies and services may be procured without advertising or calling for bids from any qualified not‑for‑profit agency for the severely handicapped that:
        (1) complies with Illinois laws governing private
    
not‑for‑profit organizations;
        (2) is certified as a sheltered workshop by the Wage
    
and Hour Division of the United States Department of Labor; and
        (3) meets the Illinois Department of Human Services
    
just standards for rehabilitation facilities.
    (b) Participation. To participate, the not‑for‑profit agency must have indicated an interest in providing the supplies and services, must meet the specifications and needs of the using agency, and must set a fair market price.
    (c) Committee. There is created within the Department of Central Management Services a committee to facilitate the purchase of products and services of persons so severely handicapped by a physical or mental disability that they cannot engage in normal competitive employment. The committee shall consist of the Director of the Department of Central Management Services, the Director of the Department of Human Services, and 2 representatives from private business and 2 public members all appointed by the Governor who are knowledgeable in the needs and concerns of rehabilitation facilities in Illinois. The public members shall serve 2 year terms, commencing upon appointment and every 2 years thereafter. A public member may be reappointed, and vacancies may be filled by appointment for the completion of the term. The members shall serve without compensation but shall be reimbursed for expenses at a rate equal to that of State employees on a per diem basis by the Department of Central Management Services. All members shall be entitled to vote on issues before the committee.
    The committee shall have the following powers and duties:
        (1) To request from any State agency information as
    
to product specification and service requirements in order to carry out its purpose.
        (2) To meet quarterly or more often as necessary to
    
carry out its purposes.
        (3) To request a quarterly report from each
    
participating qualified not‑for‑profit agency for the severely handicapped describing the volume of sales for each product or service sold under this Section.
        (4) To prepare a report for the Governor annually.
        (5) To prepare a publication that lists all supplies
    
and services currently available from any qualified not‑for‑profit agency for the severely handicapped. This list and any revisions shall be distributed to all purchasing agencies.
        (6) To encourage diversity in supplies and services
    
provided by qualified not‑for‑profit agencies for the severely handicapped and discourage unnecessary duplication or competition among facilities.
        (7) To develop guidelines to be followed by
    
qualifying agencies for participation under the provisions of this Section. The guidelines shall be developed within 6 months after the effective date of this Code and made available on a nondiscriminatory basis to all qualifying agencies.
        (8) To review all bids submitted under the
    
provisions of this Section and reject any bid for any purchase that is determined to be substantially more than the purchase would have cost had it been competitively bid.
    (d) Former committee. The committee created under subsection (c) shall replace the committee created under Section 7‑2 of the Illinois Purchasing Act, which shall continue to operate until the appointments under subsection (c) are made.
(Source: P.A. 90‑572, eff. date ‑ See Sec. 99‑5.)

    (30 ILCS 500/45‑40)
    Sec. 45‑40. Gas mileage.
    (a) Specification. Contracts for the purchase or lease of new passenger automobiles, other than station wagons, vans, four‑wheel drive vehicles, emergency vehicles, and police and fire vehicles, shall specify the procurement of a model that, according to the most current mileage study published by the U.S. Environmental Protection Agency, can achieve at least the minimum average fuel economy in miles per gallon imposed upon manufacturers of vehicles under Title V of The Motor Vehicle Information and Cost Savings Act.
    (b) Exemptions. The State purchasing officer may exempt procurements from the requirement of subsection (a) when there is a demonstrated need, submitted in writing, for an automobile that does not meet the minimum average fuel economy standards. The chief procurement officer shall promulgate rules for determining need consistent with the intent of this Section.
(Source: P.A. 90‑572, eff. date ‑ See Sec. 99‑5.)

    (30 ILCS 500/45‑45)
    Sec. 45‑45. Small businesses.
    (a) Set‑asides. The chief procurement officer has authority to designate as small business set‑asides a fair proportion of construction, supply, and service contracts for award to small businesses in Illinois. Advertisements for bids or offers for those contracts shall specify designation as small business set‑asides. In awarding the contracts, only bids or offers from qualified small businesses shall be considered.
    (b) Small business. "Small business" means a business that is independently owned and operated and that is not dominant in its field of operation. The chief procurement officer shall establish a detailed definition by rule, using in addition to the foregoing criteria other criteria, including the number of employees and the dollar volume of business. When computing the size status of a bidder, annual sales and receipts of the bidder and all of its affiliates shall be included. The maximum number of employees and the maximum dollar volume that a small business may have under the rules promulgated by the chief procurement officer may vary from industry to industry to the extent necessary to reflect differing characteristics of those industries, subject to the following limitations:
        (1) No wholesale business is a small business if its
    
annual sales for its most recently completed fiscal year exceed $10,000,000.
        (2) No retail business or business selling services
    
is a small business if its annual sales and receipts exceed $6,000,000.
        (3) No manufacturing business is a small business if
    
it employs more than 250 persons.
        (4) No construction business is a small business if
    
its annual sales and receipts exceed $10,000,000.
    (c) Fair proportion. For the purpose of subsection (a), for State agencies of the executive branch, a fair proportion of construction contracts shall be no less than 25% nor more than 40% of the annual total contracts for construction.
    (d) Withdrawal of designation. A small business set‑aside designation may be withdrawn by the purchasing agency when deemed in the best interests of the State. Upon withdrawal, all bids or offers shall be rejected, and the bidders or offerors shall be notified of the reason for rejection. The contract shall then be awarded in accordance with this Code without the designation of small business set‑aside.
    (e) Small business specialist. The chief procurement officer shall designate a State purchasing officer who will be responsible for engaging an experienced contract negotiator to serve as its small business specialist, whose duties shall include:
        (1) Compiling and maintaining a comprehensive
    
bidders list of small businesses. In this duty, he or she shall cooperate with the Federal Small Business Administration in locating potential sources for various products and services.
        (2) Assisting small businesses in complying with the
    
procedures for bidding on State contracts.
        (3) Examining requests from State agencies for the
    
purchase of property or services to help determine which invitations to bid are to be designated small business set‑asides.
        (4) Making recommendations to the chief procurement
    
officer for the simplification of specifications and terms in order to increase the opportunities for small business participation.
        (5) Assisting in investigations by purchasing
    
agencies to determine the responsibility of bidders on small business set‑asides.
    (f) Small business annual report. The State purchasing officer designated under subsection (e) shall annually before December 1 report in writing to the General Assembly concerning the awarding of contracts to small businesses. The report shall include the total value of awards made in the preceding fiscal year under the designation of small business set‑aside. The report shall also include the total value of awards made to businesses owned by minorities, females, and persons with disabilities, as defined in the Business Enterprise for Minorities, Females, and Persons with Disabilities Act, in the preceding fiscal year under the designation of small business set‑aside.
    The requirement for reporting to the General Assembly shall be satisfied by filing copies of the report as required by Section 3.1 of the General Assembly Organization Act.
(Source: P.A. 92‑60, eff. 7‑12‑01; 93‑769, eff. 1‑1‑05.)

    (30 ILCS 500/45‑50)
    Sec. 45‑50. Illinois agricultural products. In awarding contracts requiring the procurement of agricultural products, preference may be given to an otherwise qualified bidder or offeror who will fulfill the contract through the use of agricultural products grown in Illinois.
(Source: P.A. 90‑572, eff. date ‑ See Sec. 99‑5.)

    (30 ILCS 500/45‑55)
    Sec. 45‑55. Corn‑based plastics. In awarding contracts requiring the procurement of plastic products, preference may be given to an otherwise qualified bidder or offeror who will fulfill the contract through the use of plastic products made from Illinois corn by‑products.
(Source: P.A. 90‑572, eff. date ‑ See Sec. 99‑5.)

    (30 ILCS 500/45‑60)
    Sec. 45‑60. Vehicles powered by agricultural commodity‑based fuel. In awarding contracts requiring the procurement of vehicles, preference may be given to an otherwise qualified bidder or offeror who will fulfill the contract through the use of vehicles powered by ethanol produced from Illinois corn or biodiesel fuels produced from Illinois soybeans.
(Source: P.A. 90‑572, eff. date ‑ See Sec. 99‑5.)

    (30 ILCS 500/45‑65)
    Sec. 45‑65. Additional preferences. This Code is subject to applicable provisions of:
        (1) the Public Purchases in Other States Act;
        (2) the Illinois Mined Coal Act;
        (3) the Steel Products Procurement Act;
        (4) the Veterans Preference Act;
        (5) the Business Enterprise for Minorities, Females,
    
and Persons with Disabilities Act; and
        (6) the Procurement of Domestic Products Act.
(Source: P.A. 93‑954, eff. 1‑1‑05.)

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