Public Act 093-0954
 
HB6983 Enrolled LRB093 21258 JAM 47403 b

    AN ACT concerning procurement.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 1. Short title. This Act may be cited as the
Procurement of Domestic Products Act.
 
    Section 5. Definitions. As used in this Act:
    "Manufactured in the United States" means, in the case of
assembled articles, materials, or supplies, that final
assembly occurs in the United States.
    "Purchasing agency" means a State agency.
    "State agency" means each agency, department authority,
board, commission of the executive branch of State government,
including each university, whether created by statute or by
executive order of the Governor.
    "United States" means the United States and any place
subject to the jurisdiction of the United States.
 
    Section 10. United States products. Each purchasing agency
making purchases of manufactured articles, materials, and
supplies shall promote the purchase of and give preference to
manufactured articles, materials, and supplies that have been
manufactured in the United States. Manufactured articles,
materials, and supplies manufactured in the United States shall
be specified and purchased unless the purchasing agency
determines that any of the following applies:
        (1) The manufactured articles, materials, and supplies
    are not manufactured in the United States in reasonably
    available quantities.
        (2) The price of the manufactured articles, materials,
    and supplies manufactured in the United States exceeds by
    an unreasonable amount the price of available and
    comparable manufactured articles, materials, and supplies
    manufactured outside the United States.
        (3) The quality of the manufactured articles,
    materials, and supplies manufactured in the United States
    is substantially less than the quality of the comparably
    priced, available, and comparable manufactured articles,
    materials, and supplies manufactured outside the United
    States.
        (4) The purchase of the manufactured articles,
    materials, and supplies manufactured in the United States
    is not in the public interest.
        (5) The purchase of the manufactured articles,
    materials, or supplies is made in conjunction with
    contracts or offerings of telecommunications services or
    Internet or information services.
        (6) The purchase is of pharmaceutical products, drugs,
    biologics, vaccines, medical devices used to treat disease
    or used in medical or research diagnostic tests, and
    medical nutritionals regulated by the Food and Drug
    Administration under the federal Food, Drug and Cosmetic
    Act.
    In determining the price of manufactured articles,
materials, and supplies for purposes of this Section,
consideration shall be given to the life-cycle cost of those
manufactured articles, materials, and supplies.
 
    Section 15. Contracts; prequalification.
    (a) Each contract awarded by a purchasing agency on or
after the effective date of this Act through the use of the
preference required under Section 10 shall contain the
contractor's certification that manufactured articles,
materials, and supplies provided pursuant to the contract or a
subcontract shall be manufactured in the United States.
    (b) Chief procurement officers, as provided in Section
20-45 of the Illinois Procurement Code, and the Capital
Development Board, as provided in Section 30-20 of the Illinois
Procurement Code, must promulgate rules for prequalification
of suppliers and contractors under this Section.
 
    Section 20. Federal and State law.
    (a) Nothing in this Act is intended to contravene any
existing treaty, law, agreement, or regulation of the United
States. Contracts entered into in accordance with any treaty,
law, agreement, or regulation of the United States shall not be
in violation of this Act to the extent of that accordance. No
preference shall be granted under this Act if that preference
would contravene any treaty, law, agreement, or regulation of
the United States.
    (b) The preference required by this Act is in addition to
any other preference afforded by State law.
 
    Section 25. Penalties. If a contractor is awarded a
contract through the use of a preference under this Act and
knowingly supplies manufactured articles, materials, or
supplies under that contract that are not manufactured in the
United States, then (i) the contractor is barred from obtaining
any State contract for a period of 5 years after the violation
is discovered by the purchasing agency, (ii) the purchasing
agency may void the contract, and (iii) the purchasing agency
may recover damages in a civil action in an amount 3 times the
value of the preference.
 
    Section 30. Capital Development Board; exemption. The
Capital Development Board (CDB) is exempt from the requirements
of this Act with respect to a specific project if (i) CDB
determines that the project is too complex for the 5 major
construction building trades to identify the numerous
individual articles, materials, and supplies required for the
project or (ii) CDB determines that the articles, materials,
and supplies required for the project are too numerous or
complex to be able to efficiently assess the sites where
manufactured.
 
    Section 90. The Illinois Procurement Code is amended by
changing Section 45-65 as follows:
 
    (30 ILCS 500/45-65)
    Sec. 45-65. Additional preferences. This Code is subject to
applicable provisions of:
        (1) the Public Purchases in Other States Act;
        (2) the Illinois Mined Coal Act;
        (3) the Steel Products Procurement Act;
        (4) the Veterans Preference Act; and
        (5) the Business Enterprise for Minorities, Females,
    and Persons with Disabilities Act; and .
        (6) the Procurement of Domestic Products Act.
(Source: P.A. 90-572, eff. date - See Sec. 99-5.)