Current through Register Vol. 48, No. 38, September 20, 2024
a) This
Section applies unless an exception is provided by statute, or in the case of a
small, emergency or sole economically feasible source situation.
b) This Section applies to supplies purchased
by the State that have undergone some manufacturing process that changes the
raw material or components into a different product. The following examples
show how to interpret this Section:
1) If the
State needs iron ore, this Section would not apply because the State would be
asking for a raw material.
2) If
the State needs a steel ingot, the purchase would be subject to this Section as
the steel ingot was subject to a manufacturing process. The iron ore used in
manufacturing the ingot would not be subject to any domestic
restriction.
3) If the State needs
a steel I-Beam, the I-Beam would be subject to this Section. The iron ore and
steel used in creating the I-Beam would not be subject to any domestic
restriction.
4) If the State needs
a structure made of steel I-Beams, the assembly would have to be done
domestically. The iron ore, steel and I-Beams used in building the structure
would not be subject to any domestic restriction.
c) Specifications for manufactured supplies
shall include a reference to the preference established in this
Section.
d) The preference shall be
as follows:
1) The low bid or most
advantageous proposal shall be identified without regard to whether the product
is a domestic product.
2) In the
event of a tie in a competitive sealed bid procurement, the vendor that
certifies it will provide domestic supplies shall be given
preference.
3) If the low bid or
most advantageous proposal does not contain a certification that the supply
items are domestic, then any responsive and responsible vendor that is within
2% of the identified vendor's price that has made that certification shall be
evaluated as though its price was 2% lower, subject to a maximum dollar value
of $50,000.
4) The winning vendor
will be determined after application of the preference.
5) Notwithstanding the preference outlined in
this subsection (d), if the appropriate SPO 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.
e) Each procuring agency shall include in the
procurement file documentation showing the application of any preference given
and any determination that the supplies involved in the purchase were not
subject to the Procurement of Domestic Products Act [30 ILCS 517 ].
