Current through Register Vol. 48, No. 38, September 20, 2024
a) This
Section applies to the procurement of "procured products" ("assembled articles,
materials or supplies" [30 ILCS
517/5] ) incorporated into construction projects
unless:
1) the procurement is exempt from
competitive solicitation requirements as in the case of a small, emergency or
sole economically feasible source situation;
2) CDB determines that a specific project is
too complex for the 5 major construction building trades to identify the
numerous individually procured products required for the project;
3) CDB determines that procured products
required for a specific project are too numerous or complex to be able to
efficiently assess the sites where manufactured; or
4) One of the exemptions of Section 10 of the
Procurement of Domestic Products Act applies.
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. The
preference shall be as follows:
1) The low
bid shall be identified without regard to whether the product is a domestic
product.
2) In the event of a tie
bid, 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 bid 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. Determinations of price shall reflect consideration of life
cycle costs, including maintenance and repair costs.
4) The winning vendor will be determined
after application of the preference.
5) Notwithstanding the preference outlined in
this subsection (c), 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.
d) CDB 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.
