Illinois Senate Bill SB3541

Illinois 2023-2024 Regular Session

• Introduced: 2/9/24
• Refer: 2/9/24

Caption

PROCUREMENT PROTECTION ACT

Impact

The legislation requires all bids or offers submitted for contracts with state agencies or local political subdivisions to include a detailed disclosure regarding any business dealings with foreign adversaries within the past 24 months. This provision aims to ensure that state suppliers are deemed reliable and free from foreign influences, thereby enhancing state security and oversight in procurement processes. Additionally, if a bidder fails to provide the required disclosures, they may be granted a period to rectify this non-compliance, subject to the discretion of the chief procurement officer during evaluations.

Summary

SB3541, known as the Procurement Protection Act, was introduced in Illinois to establish stringent regulations regarding procurement contracts with the state. The bill mandates that companies domiciled in jurisdictions considered foreign adversaries or those classified as federally banned corporations become ineligible to submit bids or proposals for state contracts. This measure aims to safeguard the state against potential undue influence or risks posed by foreign entities in the procurement process.

Contention

This bill has raised discussions regarding the implications for businesses and compliance burdens. Critics of SB3541 may view it as an impediment to fair competition, potentially sidelining businesses that could be unduly affected by the stringent eligibility criteria. Furthermore, defining a 'foreign adversary' encompasses nations such as China and Russia, which raises concerns over the possible overreach and implications for international trade relationships. Overall, supporters argue that the key objective of securing state interests justifies these constraints, while opponents highlight the risks of reduced competition and economic implications for local businesses.