HB6983 Engrossed

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    AN ACT concerning procurement. 

 
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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 1. Short title. This Act may be cited as the 
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Procurement of Domestic Products Act.
 
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    Section 5. Definitions. As used in this Act:
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    "Manufactured in the United States" means,  in the case of 
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assembled articles, materials, or supplies, that final 
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assembly occurs in the United States.
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    "Purchasing agency" means a State agency.
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    "State agency" means each agency, department authority, 
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board, commission of the executive branch of State government, 
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including each university, whether created by statute or by 
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executive order of the Governor.

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    "United States" means the United States and any place 
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subject to the jurisdiction of the United States.

 
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    Section 10. United States products. Each purchasing agency 
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making purchases of manufactured articles, materials, and 
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supplies shall promote the purchase of and give preference to 
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manufactured articles, materials, and supplies that have been 
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manufactured in the United States. Manufactured articles, 
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materials, and supplies manufactured in the United States shall 
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be specified and purchased unless the purchasing agency 
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determines that any of the following applies:
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        (1) The manufactured articles, materials, and supplies 
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    are not manufactured in the United States in reasonably 
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    available quantities.
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        (2) The price of the manufactured articles, materials, 
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    and supplies manufactured in the United States exceeds by 
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    an unreasonable amount the price of available and 
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    comparable manufactured articles, materials, and supplies 
 


 






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    manufactured outside the United States.
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        (3) The quality of the manufactured articles, 
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    materials, and supplies manufactured in the United States 
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    is substantially less than the quality of the comparably 
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    priced, available, and comparable manufactured articles, 
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    materials, and supplies manufactured outside the United 
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    States.
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        (4) The purchase of the manufactured articles, 
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    materials, and supplies manufactured in the United States 
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    is not in the public interest.
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    In determining the price of manufactured articles, 
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materials, and supplies for purposes of this Section, 
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consideration shall be given to the life-cycle cost of those 
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manufactured articles, materials, and supplies.

 
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    Section 15. Contracts; prequalification. 
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    (a) Each contract awarded by a purchasing agency on or 
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after the effective date of this Act through the use of the 
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preference required under Section 10 shall contain the 
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contractor's certification that manufactured articles, 
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materials, and supplies provided pursuant to the contract or a 
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subcontract shall be manufactured in the United States.

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    (b) Chief procurement officers, as provided in Section 
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20-45 of the Illinois Procurement Code, and the Capital 
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Development Board, as provided in Section 30-20 of the Illinois 
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Procurement Code, must promulgate rules for prequalification 
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of suppliers and contractors under this Section.
 
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    Section 20. Federal and State law.
 
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    (a)    Nothing in this Act is intended to contravene any 
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existing treaty, law, agreement, or regulation of the United 
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States.  Contracts entered into in accordance with any treaty, 
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law, agreement, or regulation of the United States shall not be 
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in violation of this Act to the extent of that accordance.

No 
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preference shall be granted under this Act if that preference 
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would contravene any treaty, law, agreement, or regulation of 
 


 






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the United States.
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    (b)    The preference required by this Act is in addition to 
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any other preference afforded by State law.
 
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    Section 25. Penalties. If a contractor is awarded a 
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contract through the use of a preference under this Act and 
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knowingly supplies manufactured articles, materials, or 
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supplies under that contract that are not manufactured in the 
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United States, then (i) the contractor is barred from obtaining 
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any State contract for a period of 5 years after the violation 
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is discovered by the purchasing agency, (ii) the purchasing 
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agency may void the contract, and (iii) the purchasing agency 
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may recover damages in a civil action in an amount 3 times the 
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value of the preference.
 
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    Section 30. Capital Development Board; exemption. The 
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Capital Development Board (CDB) is exempt from the requirements 
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of this Act with respect to a specific project if (i) CDB 
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determines that the project is too complex for the 5 major 
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construction building trades to identify the numerous 
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individual articles, materials, and supplies required for the 
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project or (ii) CDB determines that the articles, materials, 
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and supplies required for the project are too numerous or 
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complex to be able to efficiently assess the sites where 
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manufactured.
 
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    Section 90. The Illinois Procurement Code is amended by 
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changing Section 45-65 as follows:

 



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    (30 ILCS 500/45-65)



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    Sec. 45-65. Additional preferences. This Code is subject
to 
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applicable provisions of:


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        (1) the Public Purchases in Other States Act;


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        (2) the Illinois Mined Coal Act;


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        (3) the Steel Products Procurement Act;


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        (4) the Veterans Preference Act; and


 


 






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        (5) the Business Enterprise for Minorities, Females, 
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    and Persons with
Disabilities Act; and .
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        (6) The Procurement of Domestic Products Act.


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(Source: P.A. 90-572, eff. date - See Sec. 99-5.)