STATEWIDE BIDDER STANDARDS ACT

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HB5603 - 104th General Assembly

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB5603

Introduced 2/13/2026, by Rep. Mary Beth Canty

SYNOPSIS AS INTRODUCED:

New Act
30 ILCS 805/8.50 new

Creates the Statewide Responsible Bidder Standards Act. Provides that
each local public body shall maintain, within its procurement ordinances,
administrative rules, and bid documents, language requiring that any
bidder on a public contract certify or provide evidence that: (1) the
bidder and the bidder's proposed subcontractors are duly organized and in
good standing under applicable law and authorized to do business in the
State; (2) the bidder and the bidder's proposed subcontractors are
properly registered with the Department of Revenue and the Department of
Employment Security; (3) the bidder and the bidder's proposed
subcontractors maintain workers' compensation insurance and maintains
liability insurance in amounts required by the local public body; (4) the
bidder and the bidder's proposed subcontractors will comply with all
applicable State and federal labor and employment laws governing wages,
safety, and equal opportunity; (5) the bidder and the bidder's proposed
subcontractors are not currently debarred, suspended, or otherwise
ineligible under any State or federal debarment list applicable to public
contracts; and (6) the bidder submitted certifications and documents with
the bid that are true and correct. Provides that failure to comply with the
requirements of the Act shall not invalidate any contract awarded in good
faith. Provides that a local public body that does not have a procurement
ordinance, policy, or rule containing the minimum responsible bidder
standards set forth in the Act in effect on the effective date of the Act
shall adopt the required ordinance, policy, or rule within 180 days after
the effective date of the Act. Provides that, if a local public body has a
procurement ordinance or policy containing a responsible bidder provision
in effect on the effective date of the Act, then the local public body
shall be deemed in compliance with the Act and shall not be required to
adopt new legislation to conform to the Act. Amends the State Mandates Act
to require implementation without reimbursement by the State. Effective
immediately.
LRB104 20470 RTM 33939 b

A BILL FOR

HB5603
LRB104 20470 RTM 33939 b
1

AN ACT concerning local government.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 1.
Short title.
This Act may be cited as the
5
Statewide Responsible Bidder Standards Act.

6

Section 5.
Purpose.
The General Assembly finds that:
7

(1) local governments across the State award contracts
8

for the construction, maintenance, and repair of public
9

works and for the procurement of goods and services;
10

(2) consistent, objective qualifications for bidders
11

promote public confidence, fair competition, and
12

protection of taxpayer funds; and
13

(3) establishing uniform minimum standards for
14

determining bidder responsibility will ensure a common
15

foundation across the State while preserving local
16

authority to adopt additional requirements appropriate to
17

local needs.

18

Section 10.
Definition.
In this Act, "local public body"
19
includes (i) any unit of local government, as defined in
20
Article VII, Section 1 of the Illinois Constitution, and (ii)
21
any school district, political subdivision, special district,
22
or other public entity authorized by law to award public

HB5603
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LRB104 20470 RTM 33939 b
1
contracts.

2

Section 15.
Minimum Responsible Bidder Standards.
Except
3
as provided in Section 25, each local public body shall
4
maintain, within its procurement ordinances, administrative
5
rules, and bid documents, language requiring that any bidder
6
on a public contract certify or provide evidence that:
7

(1) the bidder and the bidder's proposed
8

subcontractors are duly organized and in good standing
9

under applicable law and authorized to do business in the
10

State;
11

(2) the bidder and the bidder's proposed
12

subcontractors are properly registered with the Department
13

of Revenue and, if it has employees, with the Department
14

of Employment Security, and is in compliance with all
15

required tax and payroll obligations;
16

(3) the bidder and the bidder's proposed
17

subcontractors maintain workers' compensation insurance as
18

required by law and maintains liability insurance in
19

amounts required by the local public body;
20

(4) the bidder and the bidder's proposed
21

subcontractors will comply with all applicable State and
22

federal labor and employment laws governing wages, safety,
23

and equal opportunity, including, but not limited to, the
24

Illinois Prevailing Wage Act, and can provide evidence
25

that the bidder complies with the requirements of this

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LRB104 20470 RTM 33939 b
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paragraph upon request;
2

(5) the bidder and the bidder's proposed
3

subcontractors are not currently debarred, suspended, or
4

otherwise ineligible under any State or federal debarment
5

list applicable to public contracts;
6

(6) the bidder submitted certifications and documents
7

with the bid that are true and correct and acknowledged
8

that any material misrepresentation may result in
9

rejection of the bid, contract termination, or other
10

remedies available to the local public body; and
11

(7) The bidder and all bidder's subcontractors must
12

participate in applicable apprenticeship and training
13

programs approved by and registered with the United States
14

Department of Labor's Bureau of Apprenticeship and
15

Training.
16

A local public body that does not have a procurement
17
ordinance, policy, or rule containing the minimum responsible
18
bidder standards set forth in this Section in effect on the
19
effective date of this Act shall adopt the required ordinance,
20
policy, or rule within 180 days after the effective date of
21
this Act. Any local public body that fails to adopt and
22
maintain such ordinance, policy, or rule in compliance with
23
this Section shall not be eligible to receive State funds for
24
any capital or construction project during the period of
25
noncompliance. Failure to comply with the requirements of this
26
Section shall not invalidate any contract awarded in good

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LRB104 20470 RTM 33939 b
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faith. However, the local public body shall take necessary
2
action to achieve compliance with this Section as soon as
3
practicable.

4

Section 20.
Local authority; additional standards.
A local
5
public body is encouraged to adopt additional, objective
6
responsible bidder criteria beyond the minimum standards in
7
Section 15, including, but not limited to, safety programs,
8
relevant experience, a minimum percentage of work to be
9
self-performed by the bidder, records of past performance, or
10
licensing or certification requirements.

11

Section 25.
Existing ordinances.
If a local public body
12
has a procurement ordinance or policy containing a responsible
13
bidder provision in effect on the effective date of this Act,
14
then the local public body shall be deemed in compliance with
15
this Act only if such ordinance or policy meets or exceeds the
16
minimum responsible bidder standards set forth in this Act.
17
Any ordinance, policy, or rule that does not meet or exceed the
18
standards of this Act shall be amended as necessary to achieve
19
compliance within 180 days after the effective date of this
20
Act.

21

Section 30.
Award and enforcement.
22

(a) Nothing in this Section alters the obligation of a
23
local public body to award public contracts in accordance with

HB5603
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LRB104 20470 RTM 33939 b
1
applicable statutes or ordinances requiring award to the
2
lowest responsible and responsive bidder.
3

(b) A local public body may reject any bid that fails to
4
satisfy the standards of this Act, and may terminate a
5
contract or pursue other remedies if a bidder materially
6
misrepresents its qualifications.
7

(c) This Section does not create a private right of action
8
against a local public body solely for its procurement
9
decisions.

10

Section 35.
Construction.
This Act shall be construed
11
consistently with the Illinois Procurement Code and other
12
applicable State laws governing public contracting. Nothing in
13
this Act shall be construed to limit or preempt any local
14
ordinance, policy, or rule that establishes standards more
15
stringent than the standards set forth in this Act. The
16
requirements of this Act apply to all public construction
17
projects regardless of the method of procurement, including,
18
but not limited to, competitive bidding, negotiated contracts,
19
design-build, construction manager at risk, public-private
20
partnerships, or any other method authorized by law.

21

Section 40.
Construction.

A home rule municipality may
22
not regulate public contracting in a manner inconsistent with
23
this Act. This Act is a limitation under subsection (i) of
24
Section 6 of Article VII of the Illinois Constitution on the

HB5603
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LRB104 20470 RTM 33939 b
1
concurrent exercise by home rule units of powers and functions
2
exercised by the State.

3

Section 97.
Severability.
The provisions of this Act are
4
severable under Section 1.31 of the Statute on Statutes.

5

Section 100.
The State Mandates Act is amended by adding
6
Section 8.50 as follows:

7

(30 ILCS 805/8.50 new)
8

Sec. 8.50.
Exempt mandate.
Notwithstanding Sections 6 and
9
8 of this Act, no reimbursement by the State is required for
10
the implementation of any mandate created by this amendatory
11
Act of the 104th General Assembly.

12

Section 999.
Effective date.
This Act takes effect upon
13
becoming law.

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