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.)".