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Special Procurement Programs

Preferences and programs promoting business opportunities in Illinois.

“Universities” include colleges, universities and institutions under the jurisdiction of the governing boards identified in the definition of "state agency" in accordance with Section 1-15.100 of the Illinois Procurement Code. "Universities" also includes the Illinois Mathematics and Science Academy.

 

Requirements and additional information may be found at the appropriate Illinois Compiled Statute and Illinois Administrative Rules.

 

Click on the associated section header to learn more about the preference or program.

Resident Bidders or Offerors
30 ILCS 500/45-10

In breaking a tie bid or proposal as described in 44 Illinois Administrative Code 4.2037, an Illinois resident vendor shall be given the award. An Illinois resident vendor shall be allowed a preference as against a non-resident vendor equal to any in-state vendor preference given or required by the state of the non-resident vendor.

 

A "Resident Bidder" is a business 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 was first advertised or announced.

Soybean Oil-Based Ink and Vegetable Oil-Based Ink
30 ILCS 500/45-15

Contracts requiring the procurement of offset printing services shall specify the use of soybean oil-based ink or vegetable 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. The State Purchasing Officer will make this determination based on justification submitted by the university.

Recycled Supplies
30 ILCS 500/45-20

When a public contract is to be awarded to the lowest responsible bidder or offeror, an otherwise qualified bidder or offeror who will fulfill the contract through the use of products made of recycled supplies shall be given preference over other bidders or offerors unable to do so, provided that the cost included in the bid of supplies is equal or less than other bids or offers, unless the use of the product constitutes an undue practical hardship. Nothing in this Section shall be construed to apply to a construction agency for the purposes of procuring construction and construction-related services. The State Purchasing Officer will make this determination based on justification submitted by the university.

Compostable Foodware/Recyclable Foodware
30 ILCS 500/45-23

When a University is to award a contract to the lowest responsible bidder, an otherwise qualified bidder who will fulfill the contract through the use of compostable foodware or recyclable foodware may be given preference over other bidders unable to do so; provided that the bid is not more than 5% greater than the cost of products that are single-use plastic disposable foodware. The contract awarded the cost preference in this Subsection shall also include the option of providing the university with single-use plastic straws. The State Purchasing Officer will make this determination based on justification submitted by the university.

Recyclable Supplies
30 ILCS 500/45-25

All paper supplies purchased for use by universities must be recyclable paper unless a recyclable substitute cannot be used to meet the requirements of the universities or would constitute an undue economic or practical hardship. Universities shall make this determination and shall include this determination in the procurement file.

Environmentally Preferable Procurement
30 ILCS 500/45-26

Universities shall contract for supplies and services that are environmentally preferable, as that term is defined in Section 45-26(3) of the Code.  If, however, contracting for an environmentally preferable supply or service would impose an undue economic or practical hardship on the contracting university, or if an environmentally preferable supply or service cannot be used to meet the requirements of the university, then the university need not contract for an environmentally preferable supply or service.  Specifications for contracts, at the discretion of the contracting university, may include a price preference of up to 10% for environmentally preferable supplies or services. Universities shall make this determination and shall include this determination in the procurement file.

Not-For-Profit Agencies for Persons with Significant Disabilities
30 ILCS 500/45-35

Universities may procure supplies and services from a qualified not-for-profit agency and may do so without having to provide prior notice on the Bulletin or having to seek competition.  The qualified not-for-profit agency must meet the specifications and needs of the using university and must agree to a fair and reasonable price. [44 Illinois Administrative Code 4.4535]

Gas Mileage
300 ILCS 500/45-40

Any new passenger automobiles, whether purchased or leased, must meet minimum fuel mileage standards. 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.

 

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. [44 Illinois Administrative Code 4.4540(f)]

Small Businesses
30 ILCS 500/45-45

“Small business” means a business that is independently owned and operated and that is not dominant in its field of operation. When computing the size status of potential contractor, annual sales and receipts of the potential contractor and all of its affiliates shall be included.

  • Must be an Illinois business (requires an Illinois State Tax return with an Illinois address).
  • No wholesale business is a small business if its annual sales for its most recently completed fiscal year exceed $13,000,000.
  • No retail business or business selling services is a small business if its annual sales and receipts exceed $8,000,000.
  • No manufacturing business is a small business if it employs more than 250 persons.
  • No construction business is a small business if its annual sales and receipts exceed $14,000,000.

Illinois Agricultural Products
30 ILCS 500/45-50

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. 

Corn-Based Plastics
30 ILCS 500/45-55

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. 

Not less than 3% of the total dollar amount of State contracts, as defined by the Commission on Equity and Inclusion, shall be established as a goal to be awarded to qualified service-disabled veteran-owned small business (SDVOB) and qualified veteran-owned small businesses (VOSB).

Vehicles Powered by Agricultural Commodity-Based Fuel
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. 

Biobased Products
30 ILCS 500/45-75

When a State contract is to be awarded to the lowest responsible bidder, 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.  For the purpose of this Section, a biobased product is defined as in the federal Biobased Products Preferred Procurement Program. 

Historic Area Preference
30 ILCS 500/45-80

Universities with responsibilities for leasing, acquiring, or maintaining State facilities shall take all reasonable steps to minimize any regulations, policies, and procedures that impede the goals of Section 17 of the Capital Development Board Act. 

Small Business Contracts
30 ILCS 500/45-90

Not less than 10% of the total dollar amount of State contracts shall be established as a goal to be awarded as a contract or subcontract to small businesses. 

HUBZone Business Contracts
30 ILCS 500/45-95

The low bid or most advantageous proposal shall be identified without regard to whether the vendor is a qualified HUBZone small business concern. If the low bid or most advantageous proposal does not contain a certification that the vendor is a qualified HUBZone small business concern, then any responsive and responsible vendor that has made that certification and is within 2% of the low bid or most advantageous proposal's price shall be evaluated as though its price was 2% lower, subject to a maximum dollar value of $50,000.The winning vendor will be determined after application of the preference. Notwithstanding the preference outlined in this Subsection, if the State Purchasing Officer determines that the price differential calculated using the preference is not acceptable given the particular procurement and the economic circumstances, the award may be conditioned on receipt of an acceptable price reduction.  If the price cannot be reduced to an acceptable level, the original low priced or most advantageous proposal may be selected for award. This Section does not apply to construction, construction-related services, or the selection of construction-related professional services procurements. [44 Illinois Administrative Code 4.4595]

Electric Vehicles
30 ILCS 500/45-100

In awarding contracts requiring the procurement of electric vehicles, preference shall be given to an otherwise qualified bidder or offeror who will fulfill the contract through the use of electric vehicles manufactured in Illinois. Specifications for contracts for electric vehicles shall include a price preference of 20% for electric vehicles manufactured in Illinois. The purchasing agency may require additional information from bidders or offerors to verify whether an electric vehicle is manufactured in Illinois as defined by this Section. 

Bid Preference for Illinois Businesses [Applies to State Construction Contracts]
30 ILCS 500/45-105

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. 

Procurement of Domestic Products Act
30 ILCS 517/

Universities making purchases of procured products shall promote the purchase of and give preference to manufactured articles, materials, and supplies that have been manufactured in the United States. If there is a tie between 2 bidders or offerors who have certified that they will provide products manufactured in the United States, the bidder or offeror that certifies it will provide products manufactured in Illinois shall be given preference. 

Public Purchases in Other States Act
30 ILCS 520/

When purchasing commodities from vendors in any other state, Universities shall 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 Act
30 ILCS 555/

When purchasing coal for fuel purposes, Universities 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 percent (10%) greater than the cost of coal mined in any other State or States, including the cost of transportation.

Steel Products Procurement Act
30 ILCS 565/

Each contract for the construction, reconstruction, alteration, repair, improvement or maintenance of public works made by a University 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. 

Business Enterprise for Minorities, Women, and Persons with Disabilities Act
30 ILCS 575

Not less than 30% of the total dollar amount of State contracts, as defined by the Secretary of the Business Enterprise Council for Minorities, Women, and Persons with Disabilities (“Council”) and approved by the Council, shall be established as an aspirational goal to be awarded to businesses owned by minorities, women, and persons with disabilities; provided, however, that of the total amount of all State contracts awarded to businesses owned by minorities, women, and persons with disabilities pursuant to this Section, contracts representing at least 16% shall be awarded to businesses owned by minorities, contracts representing at least 10% shall be awarded to women-owned businesses, and contracts representing at least 4% shall be awarded to businesses owned by persons with disabilities.

Veterans Preference
330 ILCS 55/

In the employment and appointment to fill positions in the construction, addition to, or alteration of all public works undertaken or contracted for by the State, or by any political subdivision thereof, preference shall be given to persons who have been members of the armed forces of the United States or who, while citizens of the United States, were members of the armed forces of allies of the United States in time of hostilities with a foreign country, and have served under specific conditions.  

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