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.)