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90_HB3171 70 ILCS 2605/11.3a new Amends the Metropolitan Water Reclamation District Act. Provides that the district shall let contracts or purchase orders for construction projects in excess of $10,000 to the responsible Illinois business that submitted the lowest bid. Defines "Illinois business". LRB9009555MWpc LRB9009555MWpc 1 AN ACT to amend the Metropolitan Water Reclamation 2 District Act by adding Section 11.3a. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Metropolitan Water Reclamation District 6 Act by adding Section 11.3a as follows: 7 (70 ILCS 2605/11.3a new) 8 Sec. 11.3a. Illinois business preference. 9 (a) Notwithstanding the provisions of Section 11.3 of 10 this Act, the district shall let contracts or purchase orders 11 for construction projects in excess of $10,000 to the 12 responsible Illinois business that submitted the lowest bid. 13 The bid from the Illinois business shall not exceed the 14 lowest bid price or lowest evaluated bid price from a 15 responsible non-Illinois business by more than 5%. This 16 Section shall not apply to contracts or purchase orders when 17 federal or State grant funding requirements prohibit local 18 preferences. 19 (b) For the purposes of this Section, "Illinois 20 business" means any person, including foreign corporations 21 and joint ventures in which the managing firm has no less 22 interest in the joint venture than any other firm in the 23 joint venture, that (i) is authorized to transact business in 24 the State of Illinois, (ii) has a bona fide office located in 25 the State of Illinois for transacting business, (iii) is 26 transacting business on the date that any competitive 27 solicitation for a public contract is first advertised, and 28 (iv) has a majority of its regular, full-time labor force 29 located within the State of Illinois. A joint venture bidder 30 shall submit information, including but not limited to the 31 joint venture agreement, with its bids to establish the joint -2- LRB9009555MWpc 1 venture's eligibility for the preference. A joint venture 2 that fails to submit the information is not entitled to the 3 preference. The purchasing agent's determination of a 4 bidder's eligibility for the preference is final.