affidavit-for-illinois-business-bid-preference-v-25-1-2-24-25~34.pdf

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Affidavit Illinois Business Bid Preference 30 ILCS 500/45-105 State of Illinois Chief Procurement Office for General Services Affidavit - Illinois Business Bid Preference 30 ILCS 500/45-105 v.25.1 Page of 6.5.0.20190320.2.935878.932721

1. Applicable Law

In procuring construction services for projects with a total value that exceeds the small purchase maximum established by Section 20-20 of the Illinois Procurement 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 applies only to projects where a business that is not an Illinois business submits a bid. 30 ILCS 500/45-105 (e). The chief Procurement officer shall require at the time of submission of a bid, and may require at the chief procurement officer's option at any time during the term of the contract, that the bidder or contractor submit an affidavit and other supporting documents demonstrating that the bidder or contractor is an Illinois business and, if applicable, submit an affidavit and other supporting documents demonstrating that the bidder or contractor is eligible for a 4% bid preference under Section 45-105 of the Illinois Procurement Code. 30 ILCS 500/45-105 (e-5). If a contractor who is awarded a contract through the use of a preference for Illinois businesses provided false information in order to obtain that preference, then the contractor is subject to disciplinary procedures as identified in Section 50-65 of the Illinois Procurement Code. 30 ILCS 500-45-105 (e-10). Section 45-105 of the Illinois Procurement Code does not apply to any contract for any project for which federal funds are available for expenditure when its provisions may be in conflict with federal law or federal regulation. 30 ILCS 500/45-105 (f). As used in Section 45-105 of the Illinois Procurement Code, "Illinois business" means a contractor that is, for at least one year prior, operating and headquartered in Illinois, subject to applicable State taxes, and providing, at the time that an invitation for a bid or notice of contract opportunity is first advertised, construction services. "Illinois business" includes a foreign corporation duly authorized to transact business in this State that has a bona fide establishment for transacting business within this State where it is operating, headquartered, and performing construction services at least one year before an invitation for a bid or notice of contract opportunity is first advertised. "Illinois business" does not include any subcontractors or businesses headquartered outside of the State that have an affiliated entity operating in the State. 30 ILCS 500/45-105 (g).

2. Instructions

· Provide this completed affidavit and attach supporting documents to the affidavit at the time of bid submission to claim eligibility for the Illinois business bid preference of 4%. Failure to provide this affidavit and supporting documents at the time of bid submission shall result in the bidder not receiving the bid preference. Failure to demonstrate that the bidder is an Illinois business shall result in the bidder not receiving the bid preference.

· In its determination of whether a bidder is an Illinois business that is operating and headquartered in Illinois, a bidder may consider factors including whether the business has a physical location, excluding job site trailers, within the State of Illinois where the executives for the business, or high-level officers for a corporation, direct, control, and coordinate the business's or corporation's activities.

· Provide with this affidavit the following supporting documents: (1) names and titles of the executives for the business, or names and titles of high- level officers if a corporation, (2) the job descriptions of the executives or high-level officers, (3) the address of the executives' or high-level officers' office, and (4) if applicable, the most recently completed and filed Illinois tax return for the business.

3. Attestation In my official capacity with the Bidder, I have personal knowledge and am authorized to affirm that the Bidder is an Illinois business and eligible to claim the bid preference pursuant to 30 ILCS 500/45-105. Under penalties as provided by law pursuant to Section 1-109 of the Code of Civil Procedure [735 ILCS 5/1-109], the undersigned certifies that the statements set forth in this instrument are true and correct, except as to matters therein stated to be on information and belief and as to such matters the undersigned certifies as aforesaid that the undersigned verily believes the same to be true.