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Reciprocal Preference Law
Illinois (IL)
 
Preference %                              
Conditions                                                                                              

Resident Bidder (Reciprocal); Tied bid or proposal

30 ILCS 500/45-10 and 44 Ill. Adm. Code 1.4510

When a contract is to be awarded to the lowest responsible bidder, a resident Illinois bidder will 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 will be equal to the preference given or required by the state of the non-resident bidder.  A resident bidder is a person authorized to transact business in Illinois and having a bona fide establishment for transacting business within Illinois where it was actually transacting business on the date when the solicitation for public contract is first advertised or announced.

Soybean Oil-Based ink

30 ILCS 500/45-15 and 44 Ill. Adm. Code 1.4515

Contracts requiring procurement of printing services will specify 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.

Recycled Materials

30 ILCS 500/45-20 and 44 Ill. Adm. Code 1.4520

When a 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 supplies may be given preference over other bidders unable to do so, provided the cost included in the bid of supplies made of recycled materials does not constitute undue economical or practical hardship.

Recyclable Paper

30 ILCS 500/45-25 and 44 Ill. Adm. Code 1.4525

All supplies purchased for use by State agencies must be recyclable paper unless a recyclable substitute cannot be used to meet the requirements of the State agencies or would constitute an undue economic or practical hardship.

Environmentally Preferable Procurement

30 ILCS 500/45-26 and 44 Ill. Adm. Code 1.4526

State agencies must contract for supplies and services that are environmentally preference unless contracting for an environmentally preferable supply or service would impose an undue economic or practical hardship on the contracting State agency, or if an environmentally preferable supply or service cannot be used to meet the requirements of the State agency.  Specifications may include a price preference of up to 10% for environmentally preferable supplies or services.

Illinois Correctional Industries

30 ILCS 500/45-30 and 44 Ill. Adm. Code 1.4530

Preference is given to Illinois correctional industries for certain designated commodities.

Sheltered Workshops

30 ILCS 500/45-35

Supplies and services may be procured without advertising or calling for bids from any qualified not-for-profit agency for persons with severe disabilities provided the not-for-profit agency meets statutory criteria set forth in 30 ILCS 500/45-35.  

Preference is also given to sheltered workshops for certain designated supplies and services.   Also see 44 Ill. Adm. Code 1.4535.

Gas Mileage

30 ILCS 500/45-40 and 44 Ill. Adm. Code 1.4540

New passenger automobiles, with some exceptions, must 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.

 

30 ILCS 500/25-75 and 44 Ill. Adm. Code 1.4540

All gasoline-powered vehicles purchased from State funds must be flexible fuel vehicles or fuel efficient hybrid vehicles.  Any vehicle purchased from State funds that is fueled by diesel fuel must be certified by the manufacturer to run on 5% biodiesel (B5) fuel.

Small Businesses

30 ILCS 500/45-45 and 44 Ill. Adm. Code 1.4545

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.  In awarding the contracts, only bids from qualified small businesses shall be considered.

 Also see 30 ILCS 503/ which provides that not less than 10% of the total dollar amount of State contracts shall be established as a goal to be awarded to small businesses.

Illinois Agricultural Products

30 ILCS 500/45-50 and 44 Ill. Adm. Code 1.4550

When procuring agricultural products, preference may be given to a bidder or offeror who will fulfill the contract through the use of agricultural products grown in Illinois.

Corn-Based Plastics

30 ILCS 500/45-55 and 44 Ill. Adm. Code 1.4555

When procuring plastic products, preference may be given to a bidder or offeror who will fulfill the contract through the use of plastic products made from Illinois corn by-products.

Farm or Food Products

30 ILCS 595/

It is the goal of the State that 20% of all food and food products purchased by the State  shall, by 2020, be local farm or food products.  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 or local farm or food products is not more than 10% greater than the cost included in the bid that is not for local farm or food products.​

Veterans

30 ILCS 500-45-57

Not less than 3% of the total dollar of State contracts shall be established as a goal to be awarded to service-disabled veteran owned small-businesses and veteran-owned small businesses.

Also see 330 ILCS 55/ which provides a preference for veterans to fill positions in the construction, addition to, or alteration of all public works contracted for by the State.

Vehicles Powered by Agricultural Commodity-Based Fuel

30 ILCS 500/45-60 and 44 Ill. Adm. Code 1.4540

When procuring vehicles, preference may be given to a 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.

Biobased Products

30 ILCS 500/45-75 and 44 Ill. Adm. Code 1.4578

When a State contract is to be awarded to the lowest responsible bidder (except construction), an otherwise qualified bidder who will fulfill the contract through the use of biobased products may be given preference over other bidders unable to do so, provided that the cost included in the bid of biobased products is not more than 5% greater than the cost of products that are not biobased.

Public Purchases in Other States

30 ILCS 520/

In purchasing such commodities from vendors in any other state, the State must 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 Mined Coal

30 ILCS 555/

When purchasing coal for fuel purposes, a preference must be given to Illinois mined coal if the cost of Illinois mined coal is not more than 10% greater than the cost of coal mined in any other State or States, including the cost of transportation.

Minorities, Females, and Persons with Disabilities

30 ILCS 575/

Not less than 20% of the total dollar amount of State contracts (non-construction) will be established as a goal to be awarded to businesses owned by minorities (11%), females (7%), and persons with disabilities (2%).  In construction contracts, not less than 10% of the total dollar amount is established as a goal to be awarded to businesses owned by minority and female owned businesses (50% of goal to female owned businesses).

Steel

30 ILCS 565/

Each contract for the construction, reconstruction, alteration, repair, improvement or maintenance of public works made by a public agency shall contain a provision that steel products used or supplied in the performance of that contract or any subcontract thereto shall be manufactured or produced in the United States.

Domestic Products

30 ILCS 517/

Each purchasing agency making purchases of procured products must promote the purchase of and give preference to manufactured articles, materials, and supplies that have been manufactured in the United States.

Historic Area

20 ILCS 3105/17 and 30 ILCS 500/45-80 and 44 Ill. Adm. Code 1.4042

The State of Illinois shall give preference to locating its facilities, whenever operationally appropriate and economically feasible, in historic properties and buildings located within government recognized historic districts or central business districts designated as such by a local or regional planning agency.

Local Site Preference (Leasing)

44 Ill. Adm. Code 1.4040

Upon the request of the chief executive officer of a unit of local government, leasing preferences may be given to sites located in enterprise zones, tax increment districts or redevelopment districts.

ADDITIONAL POINT OF INTEREST

30 ILCS 500/45-67 and 45-70

 A chief procurement officer may, as part of any solicitation, encourage prospective vendors to consider hiring qualified veterans or Illinois residents discharged from any Illinois adult correctional center and to notify them of any available financial incentives or other advantages associated with hiring such persons.  Annual reports of activities undertaken to encourage prospective vendors to consider hiring qualified veterans and Illinois residents discharged from any Illinois adult correctional center must be provided to the Governor and General Assembly.

SOURCES

Illinois Procurement code (30 ILCS 500/)

Chief Procurement Officer for General Services Standard Procurement Rules (44 Ill.Adm.Code1, Subparts N and O)

Small Business Contracts Act (30 ILCS 503/)

Local Food, Farms and Jobs Act (30 ILCS 595/)

Illinois Mined Coal Act (30 ILCS 555/)

Business Enterprise for Minorities, Females and Persons with Disabilities Act (30 ILCS 575/)

Steel Products Procurement Act (30 ILCS 565/)

Procurement of Domestic Products Act (30 ILCS 517)

Capitol Development Board Act (20 ILCS 3105)