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1 | AN ACT concerning procurement.
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2 | Be it enacted by the People of the State of Illinois, | ||||||
3 | represented in the General Assembly:
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4 | Section 1. Short title. This Act may be cited as the | ||||||
5 | Procurement of Domestic Products Act. | ||||||
6 | Section 5. Definitions. As used in this Act: | ||||||
7 | "Manufactured in the United States" means, in the case of | ||||||
8 | assembled articles, materials, or supplies, that final | ||||||
9 | assembly occurs in the United States. | ||||||
10 | "Purchasing agency" means a State agency. | ||||||
11 | "State agency" means each agency, department authority, | ||||||
12 | board, commission of the executive branch of State government, | ||||||
13 | including each university, whether created by statute or by | ||||||
14 | executive order of the Governor.
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15 | "United States" means the United States and any place | ||||||
16 | subject to the jurisdiction of the United States.
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17 | Section 10. United States products. Each purchasing agency | ||||||
18 | making purchases of manufactured articles, materials, and | ||||||
19 | supplies shall promote the purchase of and give preference to | ||||||
20 | manufactured articles, materials, and supplies that have been | ||||||
21 | manufactured in the United States. Manufactured articles, | ||||||
22 | materials, and supplies manufactured in the United States shall | ||||||
23 | be specified and purchased unless the purchasing agency | ||||||
24 | determines that any of the following applies: | ||||||
25 | (1) The manufactured articles, materials, and supplies | ||||||
26 | are not manufactured in the United States in reasonably | ||||||
27 | available quantities. | ||||||
28 | (2) The price of the manufactured articles, materials, | ||||||
29 | and supplies manufactured in the United States exceeds by | ||||||
30 | an unreasonable amount the price of available and | ||||||
31 | comparable manufactured articles, materials, and supplies |
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1 | manufactured outside the United States. | ||||||
2 | (3) The quality of the manufactured articles, | ||||||
3 | materials, and supplies manufactured in the United States | ||||||
4 | is substantially less than the quality of the comparably | ||||||
5 | priced, available, and comparable manufactured articles, | ||||||
6 | materials, and supplies manufactured outside the United | ||||||
7 | States. | ||||||
8 | (4) The purchase of the manufactured articles, | ||||||
9 | materials, and supplies manufactured in the United States | ||||||
10 | is not in the public interest. | ||||||
11 | In determining the price of manufactured articles, | ||||||
12 | materials, and supplies for purposes of this Section, | ||||||
13 | consideration shall be given to the life-cycle cost of those | ||||||
14 | manufactured articles, materials, and supplies.
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15 | Section 15. Contracts; prequalification. | ||||||
16 | (a) Each contract awarded by a purchasing agency on or | ||||||
17 | after the effective date of this Act through the use of the | ||||||
18 | preference required under Section 10 shall contain the | ||||||
19 | contractor's certification that manufactured articles, | ||||||
20 | materials, and supplies provided pursuant to the contract or a | ||||||
21 | subcontract shall be manufactured in the United States.
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22 | (b) Chief procurement officers, as provided in Section | ||||||
23 | 20-45 of the Illinois Procurement Code, and the Capital | ||||||
24 | Development Board, as provided in Section 30-20 of the Illinois | ||||||
25 | Procurement Code, must promulgate rules for prequalification | ||||||
26 | of suppliers and contractors under this Section. | ||||||
27 | Section 20. Federal and State law.
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28 | (a) Nothing in this Act is intended to contravene any | ||||||
29 | existing treaty, law, agreement, or regulation of the United | ||||||
30 | States. Contracts entered into in accordance with any treaty, | ||||||
31 | law, agreement, or regulation of the United States shall not be | ||||||
32 | in violation of this Act to the extent of that accordance.
No | ||||||
33 | preference shall be granted under this Act if that preference | ||||||
34 | would contravene any treaty, law, agreement, or regulation of |
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1 | the United States. | ||||||
2 | (b) The preference required by this Act is in addition to | ||||||
3 | any other preference afforded by State law. | ||||||
4 | Section 25. Penalties. If a contractor is awarded a | ||||||
5 | contract through the use of a preference under this Act and | ||||||
6 | knowingly supplies manufactured articles, materials, or | ||||||
7 | supplies under that contract that are not manufactured in the | ||||||
8 | United States, then (i) the contractor is barred from obtaining | ||||||
9 | any State contract for a period of 5 years after the violation | ||||||
10 | is discovered by the purchasing agency, (ii) the purchasing | ||||||
11 | agency may void the contract, and (iii) the purchasing agency | ||||||
12 | may recover damages in a civil action in an amount 3 times the | ||||||
13 | value of the preference. | ||||||
14 | Section 30. Capital Development Board; exemption. The | ||||||
15 | Capital Development Board (CDB) is exempt from the requirements | ||||||
16 | of this Act with respect to a specific project if (i) CDB | ||||||
17 | determines that the project is too complex for the 5 major | ||||||
18 | construction building trades to identify the numerous | ||||||
19 | individual articles, materials, and supplies required for the | ||||||
20 | project or (ii) CDB determines that the articles, materials, | ||||||
21 | and supplies required for the project are too numerous or | ||||||
22 | complex to be able to efficiently assess the sites where | ||||||
23 | manufactured. | ||||||
24 | Section 90. The Illinois Procurement Code is amended by | ||||||
25 | changing Section 45-65 as follows:
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26 | (30 ILCS 500/45-65)
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27 | Sec. 45-65. Additional preferences. This Code is subject
to | ||||||
28 | applicable provisions of:
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29 | (1) the Public Purchases in Other States Act;
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30 | (2) the Illinois Mined Coal Act;
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31 | (3) the Steel Products Procurement Act;
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32 | (4) the Veterans Preference Act; and
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1 | (5) the Business Enterprise for Minorities, Females, | ||||||
2 | and Persons with
Disabilities Act ; and . | ||||||
3 | (6) The Procurement of Domestic Products Act.
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4 | (Source: P.A. 90-572, eff. date - See Sec. 99-5.)
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