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Illinois Resident Bidder Preference
Revised August 14, 2024
Illinois Compiled Statutes
Chapter 30. Finance
Purchases and Contracts
Act 520 . Public Purchases in Other States Act
30 ILCS 520/2. Purchase for public institutions of commodities in other states; preferences
The board of trustees or other officer or officers in charge of every institution in the State of Illinois, which is supported in whole or in part by public funds, who are authorized or required to purchase commodities for use in the operation of any such institution, shall, in purchasing such commodities from vendors in any other state, give preference to vendors in those states whose preference laws do not prohibit the purchase by the public institutions of such states of commodities grown or produced in Illinois.
Illinois Compiled Statutes
Chapter 30. Finance
Purchases and Contracts
Act 500 . Illinois Procurement Code
Article 45. Preferences
30 ILCS 500/45-10 . Resident bidders and offerors
(a) Amount of preference. When a contract is to be awarded to the lowest responsible bidder or offeror, a resident bidder or offeror shall be allowed a preference as against a non-resident bidder or offeror from any state that gives or requires a preference to bidders or offerors from that state. The preference shall be equal to the preference given or required by the state of the non-resident bidder or offeror. Further, if only non-resident bidders or offerors 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 or offeror 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 or offeror 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.
30 ILCS 500/45-50 . 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.
30 ILCS 500/45-55 . 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.
30 ILCS 500/45-60 . 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.
30 ILCS 500/45-105 . Bid preference for Illinois businesses
(a) For the purposes of this Section:
“Illinois business” means a contractor that: (i) is headquartered in Illinois 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 for Illinois-based projects; (ii) conducts meaningful day-to-day business operations at a facility in Illinois that is the place of employment for the majority of its regular, full-time workforce; (iii) holds all appropriate State licenses; and (iv) is subject to applicable State taxes. “Illinois business” does not include any subcontractors.
“Illinois-based project” means an individual project of construction and other construction-related services for a construction agency that will result in the conduct of business within the State or the employment of individuals within the State.
(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 businesses.
(e) In procuring construction and construction-related professional services for projects with a total construction cost of more than $100,000, construction agencies shall provide a bid preference to a responsible bidder that is an Illinois business as defined in this Section. The construction agency shall allocate to any responsible bidder that is an Illinois business a bid preference of 4% of the contract base bid.
(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.
Illinois Compiled Statutes
Chapter 30. Finance
Purchases and Contracts
Act 555. Illinois Mined Coal Act
30 ILCS 555/ . Purchase of Illinois mined coal for public institutions
The board of trustees or other officer in charge of every institution in the State of Illinois which is supported in whole or in part by public funds or which is owned by any municipal corporation or political subdivision of this State, who are authorized and required to purchase coal for fuel purposes in the operation of any such institution, shall be required to purchase and use coal which is mined in the State of Illinois, if the cost of coal mined in the State of Illinois is not more than ten per cent (10%) greater than the cost of coal mined in any other State or States, including the cost of transportation.
30 ILCS 555/2 . “Institution” defined
The term “institution” as used in this Act shall mean all institutions maintained by the State or by any municipal corporation or political subdivision thereof, including municipally owned public utility plants.
Illinois Compiled Statutes
Chapter 30. Finance
Purchases and Contracts
Act 595 . Local Food, Farms, and Jobs Act
30 ILCS <595/10 . Procurement goals for local farm or food products
(a) In order to create, strengthen, and expand local farm and food economies throughout Illinois, it shall be the goal of this State that 20% of all food and food products purchased by State agencies and State-owned facilities, including, without limitation, facilities for persons with mental health and developmental disabilities, correctional facilities, and public universities, shall, by 2020, be local farm or food products.
(b) The State shall support and encourage that 10% of food and food products purchased by entities funded in part or in whole by State dollars, which spend more than $25,000 per year on food or food products for its students, residents, or clients, including, without limitation, public schools, child care facilities, after-school programs, and hospitals, shall, by 2020, be local farm or food products.
(c) To meet the goals set forth in this Section, when a State contract for purchase of food or food products is to be awarded to the lowest responsible bidder, an otherwise qualified bidder who will fulfill the contract through the use of local farm or food products may be given preference over other bidders, provided that the cost included in the bid of local farm or food products is not more than 10% greater than the cost included in a bid that is not for local farm or food products.
Title 44. Government Contracts, Grantmaking, Procurement, and Property Management
Subtitle A. Procurement and Contract Provisions
Chapter I. Chief Procurement Officer for General Services
Part 1. Chief Procurement Officer for General Services Standard Procurement
Subpart E. Source Selection and Contract Formation
1.2037 . Tie Bids and Proposals
(a) Tie bids or proposals are those from responsive and responsible vendors that are, in the case of bids, identical in price, and, in the case of proposals, identical in rank after evaluation.
(b) Tie bids, proposals, or quotes will be resolved as follows:
1) If the tied vendors include only one Illinois resident vendor, the Illinois resident vendor shall be given the award. "Illinois resident vendor" has the meaning ascribed in Section 1.4510 (Resident Vendor Preference).
2) In all other situations, the award shall be made by lot unless the SPO determines that:
A) awarding to one of the vendors is in the State's best interest because, for example, that vendor is likely to be more reliable or responsive to the State's needs, based on past performance; provides a better quality of the supply or service; provides quicker delivery; or, in the case of proposals, because of a desire to take advantage of the lower price; or
B) splitting the award is in the State's best interest because of a need to ensure delivery of the supply or service, or is necessary or desirable to promote future competition, and provided the affected vendors agree to the split award.
Title 44. Government Contracts, Grantmaking, Procurement, and Property Management
Subtitle A. Procurement and Contract Provisions
Chapter I. Chief Procurement Officer for General Services
Part 1. Chief Procurement Officer for General Services Standard Procurement
Subpart O. Preferences
1.4510 . Resident Vendor Preference
a)"Illinois resident vendor", as used in this Section, means a person authorized to transact business in this State and having a bona fide establishment for transacting business within this State at which it was actually transacting business on the date when any competitive solicitation for a public contract was first advertised or announced, including a foreign corporation duly authorized to transact business in this State that has a bona fide establishment for transacting business within this State at which it was actually transacting business on the date when any competitive solicitation for a public contract is first advertised or announced.
b) In breaking a tie bid or proposal, as described in Section 1.2037, an Illinois resident vendor shall be given the award.
c) An Illinois resident vendor shall be allowed a preference over a non-resident vendor equal to any in-state vendor given or required by the state of the non-resident vendor.
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.
1.4550 . 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.
1.4555 . Corn-Based Plastic Products
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.