Full Text of HB6983 93rd General Assembly
HB6983eng 93RD GENERAL ASSEMBLY
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| AN ACT concerning procurement.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| 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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| "United States" means the United States and any place | 16 |
| subject to the jurisdiction of the United States.
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| 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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| 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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| 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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| (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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| (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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| 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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| (30 ILCS 500/45-65)
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| Sec. 45-65. Additional preferences. This Code is subject
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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, | 2 |
| and Persons with
Disabilities Act ; and . | 3 |
| (6) The Procurement of Domestic Products Act.
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| (Source: P.A. 90-572, eff. date - See Sec. 99-5.)
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