Full Text of HB2369 96th General Assembly
HB2369eng 96TH GENERAL ASSEMBLY
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| AN ACT concerning finance.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Procurement Code is amended by | 5 |
| adding Section 20-165 as follows: | 6 |
| (30 ILCS 500/20-165 new) | 7 |
| Sec. 20-165. Limitation on the procurement of goods and | 8 |
| services from foreign vendors; exemptions; penalties for | 9 |
| noncompliance. | 10 |
| (a) A purchasing agency, chief procurement officer, | 11 |
| associate procurement officer, or State purchasing officer may | 12 |
| not enter into an agreement to purchase or lease goods on | 13 |
| behalf of a State agency unless 100% of the goods to be | 14 |
| purchased or leased under the agreement are made or assembled | 15 |
| in the United States. Each vendor, bidder, contractor, or | 16 |
| subcontractor who submits a bid or enters into an agreement to | 17 |
| sell or lease goods to a State agency must certify that 100% of | 18 |
| the goods covered by the bid or agreement are made or assembled | 19 |
| in the United States. | 20 |
| (b) A purchasing agency, chief procurement officer, | 21 |
| associate procurement officer, or State purchasing officer may | 22 |
| not enter into an agreement to procure services on behalf of a | 23 |
| State agency unless 100% of the services to be procured under |
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| the agreement are provided within the United States. Each | 2 |
| vendor, bidder, contractor, or subcontractor who submits a bid | 3 |
| or enters into an agreement to provide services to a State | 4 |
| agency shall certify that 100% of the services covered by the | 5 |
| bid or agreement will be performed in the United States. | 6 |
| (c) The requirements of subsections (a) and (b) of this | 7 |
| Section shall not apply if: | 8 |
| (1) a purchasing agency, associate procurement | 9 |
| officer, or State purchasing officer certifies in writing | 10 |
| to the appropriate chief procurement officer that: | 11 |
| (A) the service or product is required by the | 12 |
| purchasing agency and cannot be provided by a | 13 |
| contractor or subcontractor within the United States; | 14 |
| (B) the goods are not manufactured in reasonably | 15 |
| available quantities in the United States, or the | 16 |
| services are not provided in reasonably available | 17 |
| quantities in the United States; | 18 |
| (C) the price of the goods manufactured in the | 19 |
| United States or the services provided in the United | 20 |
| States exceeds by an unreasonable amount the price of | 21 |
| available and comparable goods manufactured outside | 22 |
| the United States or services provided outside the | 23 |
| United States; | 24 |
| (D) the quality of the goods manufactured in the | 25 |
| United States or services provided in the United States | 26 |
| is substantially less than the quality of the |
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| comparably priced, available, and comparable goods | 2 |
| manufactured outside the United States or services | 3 |
| provided outside the United States; | 4 |
| (E) the purchase of the goods manufactured outside | 5 |
| the United States or the services provided outside the | 6 |
| United States better serves the public interest by | 7 |
| helping to protect or save life, property, or the | 8 |
| environment; | 9 |
| (F) the purchase of the goods or services is made | 10 |
| in conjunction with contracts or offerings of | 11 |
| telecommunications, fire suppression, security | 12 |
| systems, communications services, Internet services, | 13 |
| or information services; or | 14 |
| (G) the purchase is of pharmaceutical products, | 15 |
| drugs, biologics, vaccines, medical devices used to | 16 |
| provide medical and health care or treat disease or | 17 |
| used in medical or research diagnostic tests, and | 18 |
| medical nutritionals regulated by the Food and Drug | 19 |
| Administration under the federal Food, Drug and | 20 |
| Cosmetic Act; and | 21 |
| (2) the appropriate chief procurement officer approves | 22 |
| that certification. | 23 |
| (d) If, during the term of an agreement to provide goods or | 24 |
| services, the vendor, contractor, or subcontractor violates | 25 |
| subsection (a) or (b) of this Section, the purchasing agency, | 26 |
| chief procurement officer, associate procurement officer, or |
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| State purchasing officer must terminate the agreement for | 2 |
| noncompliance and collect from the vendor, contractor, or | 3 |
| subcontractor an amount equal to 25% of the value of the | 4 |
| agreement as liquidated damages. A contractor, subcontractor, | 5 |
| vendor, or bidder that, after entering into an agreement to | 6 |
| provide goods or services to a State agency, violates | 7 |
| subsection (a) or (b) of this Section is not entitled to | 8 |
| receive any State contracts for a period of 5 years after the | 9 |
| violation. A State agency may bring a civil action in State or | 10 |
| federal court to compel enforcement of this Section. If the | 11 |
| State agency prevails in the civil action, the court shall | 12 |
| award reasonable attorney fees and costs to the State agency.
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| Section 99. Effective date. This Act takes effect upon | 14 |
| becoming law.
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