Bill Text: IL HB5511 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Reinserts the provisions of the introduced bill with the following changes. Further amends the Illinois Procurement Code. Provides that cumulative small purchases under $1,000 made in a previously non-contemplated manner by the same or separate individuals or departments within an agency or university that exceed the small purchase threshold do not constitute stringing and are allowable under the Code. Provides that the Code does not apply to procurement expenditures related to efforts for the recruitment and retention of State employees. Makes changes concerning applicability of the Code to public institutions of higher education, independent chief procurement officers, duration of contracts, electronic procurement systems, job order contracting, curing a violation or deficiency during an active procurement, procurement communications reporting requirements, method of source selection, bid preferences for Illinois businesses, and prohibited bidders. Amends the State Property Control Act. Makes changes concerning new furniture purchases. Amends the Counties Code. Provides that certain competitive bidding requirements apply to an elected official in a county with fewer than 2,000,000 inhabitants (in addition to applying to a county with fewer than 2,000,000 inhabitants). Amends the Department of Natural Resources Act. Provides that the Department of Natural Resources has the power to lease, from time to time, any land or property, with or without appurtenances, of which the Department has jurisdiction, and which are not immediately to be used or developed by the State if certain requirements are met. Provides that the Department may lease any land or property over which the Department has jurisdiction for the purpose of creating, operating, or maintaining a commercial solar energy system or a clean energy project. Amends the Architectural, Engineering, and Land Surveying Qualifications Based Selection Act. Provides that the State agency may communicate with firms who were not selected to provide services in order to provide further information about the firm's proposal deficiencies. Amends the Governmental Joint Purchasing Act. Provides that each chief procurement officer may authorize any governmental unit of this State to purchase or lease supplies under a contract which has been procured under the jurisdiction of the Illinois Procurement Code by a governmental unit subject to the jurisdiction of the chief procurement officer. Amends the Reimagining Hotel Florence Act. Adds provisions concerning the Pullman Factory. Makes other changes. Creates the Progressive Design-Build Pilot Program Act. Provides that the Capital Development Board may elect to use the progressive design-build delivery method. Sets forth other provisions concerning procedures for selection and submission of qualifications, the award of contracts, pricing, and federal requirements. Makes other changes. Amends the Business Enterprise for Minorities, Women, and Persons with Disabilities Act. Sets forth a uniform standard of contract goals. Makes changes concerning the Business Enterprise Council and enforcement. Amends the Public Contract Fraud Act. Provides that the Attorney General need not approve the title for lands needed for public works or improvements if the consideration paid does not exceed $25,000 (currently, $10,000). Amends the Metropolitan Water Reclamation District Act. Provides that the mandatory competitive bid threshold for the District may not be less than $60,000 (rather than less than $10,000 or more than $40,000). Amends the Governmental Joint Purchasing Act. Provides that a governmental unit may purchase a supply or service that is available on contracts from multiple contractors if the governmental unit determines that the selected contract best meets the governmental unit's needs. Amends the Commission on Equity and Inclusion Act. Provides that the Commission shall supervise (rather than oversee) the implementation and effectiveness of supplier diversity training of the State procurement workforce (rather the implementation of diversity training of the State workforce). Amends the Metropolitan Pier and Exposition Authority Act. Makes changes in provisions concerning construction and professional services contracts. Amends the Public-Private Partnerships for Transportation Act. Makes changes concerning the definition of "responsible public entity", unsolicited proposals, and formation of public-private agreements. Makes other changes.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Passed) 2024-08-09 - Public Act . . . . . . . . . 103-0865 [HB5511 Detail]

Download: Illinois-2023-HB5511-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5511 Introduced , by Rep. Jay Hoffman SYNOPSIS AS INTRODUCED:
30 ILCS 500/45-105
Amends the Illinois Procurement Code. In a provision concerning bid preferences for Illinois businesses, makes changes to the definition of "Illinois business". Provides that the chief procurement officer shall require at the time of submission of a bid, and may require at the Chief Procurement Officer's option at any time during the term of the contract, that the bidder or contractor submit an affidavit and other supporting documents demonstrating that the bidder or contractor is an Illinois business and, if applicable, submit an affidavit and other supporting documents demonstrating that the bidder or contractor is eligible for a 4% bid preference under the provisions. Provides that if a contractor who is awarded a contract through the use of a preference for Illinois businesses provided false information in order to obtain that preference, then the contractor is subject to disciplinary procedures under the Act.
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A BILL FOR
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AN ACT concerning finance.
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
changing Section 45-105 as follows:
(30 ILCS 500/45-105)
Sec. 45-105. Bid preference for Illinois businesses.
(a) (Blank).
(b) It is hereby declared to be the public policy of the
State of Illinois to promote the economy of Illinois through
the use of Illinois businesses for all State construction
contracts.
(c) Construction agencies procuring construction and
construction-related professional services shall make
reasonable efforts to contract with Illinois businesses.
(d) Beginning in 2022, each construction agency shall
submit a report to the Governor and the General Assembly by
September 1 of each year that identifies the Illinois
businesses procured by the construction agency, the primary
location of the construction project, the percentage of the
construction agency's utilization of Illinois businesses on
the project as a whole, and the actions that the construction
agency has undertaken to increase the use of Illinois

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businesses.
(e) In procuring construction and construction-related
professional services for projects with a total value that
exceeds the small purchase maximum established by Section
20-20 of this Code, construction agencies shall provide a bid
preference to a responsive and responsible bidder that is an
Illinois business as defined in this Section. The construction
agency shall allocate to the lowest bid by an Illinois
business that is responsible and responsive a bid preference
of 4% of the contract base bid. This subsection applies only to
projects where a business that is not an Illinois business
submits a bid.
(e-5) The chief procurement officer shall require at the
time of submission of a bid, and may require at the chief
procurement officer's option at any time during the term of
the contract, that the bidder or contractor submit an
affidavit and other supporting documents demonstrating that
the bidder or contractor is an Illinois business and, if
applicable, submit an affidavit and other supporting documents
demonstrating that the bidder or contractor is eligible for a
4% bid preference under this Section.
(e-10) If a contractor who is awarded a contract through
the use of a preference for Illinois businesses provided false
information in order to obtain that preference, then the
contractor is subject to disciplinary procedures as identified
in Section 50-65 of this Act.

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(f) This Section does not apply to any contract for any
project for which federal funds are available for expenditure
when its provisions may be in conflict with federal law or
federal regulation.
(g) As used in this Section, "Illinois business" means a
contractor that is, for at least one year prior, operating and
headquartered in Illinois, subject to applicable State taxes,
and providing, at the time that an invitation for a bid or
notice of contract opportunity is first advertised,
construction or construction-related professional services.
"Illinois business" 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 is operating, headquartered, and performing
construction or construction-related professional services at
least one year before an invitation for a bid or notice of
contract opportunity is first advertised. , and is operating
as:
(1) a sole proprietor whose primary residence is in
Illinois;
(2) a business incorporated or organized as a domestic
corporation under the Business Corporation Act of 1983;
(3) a business organized as a domestic partnership
under the Uniform Partnership Act of 1997;
(4) a business organized as a domestic limited
partnership under the Uniform Limited Partnership Act of

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