Current through Register Vol. 48, No. 12, March 22, 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 university 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
university needs grain, this Section would not apply because the university
would be asking for a raw material.
2) If the university needs flour, the
purchase would be subject to this Section as the flour was subject to a
manufacturing process. The grain used in manufacturing the flour would not be
subject to any domestic restriction.
3) If the university needs bread, the bread
would be subject to this Section. The grain and flour used in creating the
bread would not be subject to any domestic restriction.
4) An item assembled domestically with
components manufactured in another country is still considered a domestic
product.
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 university shall include in
the procurement file documentation showing the application of any preference
given and any determination that the preference was not subject to the
Procurement of Domestic Products Act [30 ILCS 517 ].
