30 ILCS 517/ Procurement of Domestic Products Act.

Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide.

Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.

30 ILCS 517/1

(30 ILCS 517/1)

Sec. 1. Short title. This Act may be cited as the Procurement of Domestic Products Act.

(Source: P.A. 93-954, eff. 1-1-05.)

30 ILCS 517/3

(30 ILCS 517/3)
Sec. 3. Policy.

It is hereby declared to be the public policy of the State of Illinois for each purchasing agency to use the terms and conditions of State financial assistance awards and State procurements to maximize the use of goods, products, and materials produced in Illinois.

(Source: P.A. 102-721, eff. 1-1-23.)

30 ILCS 517/5

    (30 ILCS 517/5)
    Sec. 5. Definitions. As used in this Act:

"Manufactured in Illinois" means, in the case of assembled articles, materials, or supplies, having been designed, finally assembled, processed, packaged, tested, or otherwise processed in Illinois in a manner that adds value, quality, or reliability.

"Manufactured in the United States" means,  in the case of assembled articles, materials, or supplies, that design, final assembly, processing, packaging, testing, or other process that adds value, quality, or reliability occurs in the United States.

"Procured products" means assembled articles, materials, or supplies purchased by a State agency.

"Purchasing agency" has the meaning ascribed to that term in Section 1-15.70 of the Illinois Procurement Code.

"State agency" has the meaning ascribed to that term in Section 1-15.100 of the Illinois Procurement Code.

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

(Source: P.A. 102-721, eff. 1-1-23.)

30 ILCS 517/10

    (30 ILCS 517/10)
    Sec. 10. Domestic products.

(a) Each purchasing agency making purchases of procured products shall promote the purchase of and give preference to manufactured articles, materials, and supplies that have been manufactured in the United States. Procured products manufactured in the United States shall be specified and purchased unless the purchasing agency determines that any of the following applies:

(1) The procured products are not manufactured in the

United States in reasonably available quantities.

(2) The price of the procured products manufactured

in the United States exceeds the price of available and comparable procured products manufactured outside of the United States by 12% or more.

(3) The quality of the procured products manufactured

in the United States is substantially less than the quality of the comparably priced, available, and comparable procured products manufactured outside of the United States.

(4) The purchase of the procured products

manufactured outside of the United States better serves the public interest by helping to protect or save life, property, or the environment.

(5) The purchase of the procured products is made in

conjunction with contracts or offerings of telecommunications, fire suppression, security systems, communications services, Internet services, or information services.

(6) The purchase is of pharmaceutical products,

drugs, biologics, vaccines, medical devices used to provide medical and health care or 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.

(7) The purchase is an emergency purchase authorized

under Section 20-30 of the Illinois Procurement Code.

(8) The purchase is a sole source or sole

economically feasible source purchase authorized under Section 20-25 of the Illinois Procurement Code.

(b) If there is a tie between 2 bidders or offerors who have certified that they will provide products manufactured in the United States, the bidder or offeror that certifies it will provide products manufactured in Illinois shall be given preference.

(c) In determining the price of procured products for purposes of this Section, consideration shall be given to the life-cycle cost, including maintenance and repair of those procured products.

(Source: P.A. 102-721, eff. 1-1-23.)

30 ILCS 517/15

(30 ILCS 517/15)

Sec. 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 procured products 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.

(Source: P.A. 93-954, eff. 1-1-05; 94-540, eff. 1-1-06.)

30 ILCS 517/20

(30 ILCS 517/20)

Sec. 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.

(Source: P.A. 93-954, eff. 1-1-05.)

30 ILCS 517/25

(30 ILCS 517/25)
Sec. 25. Penalties.

If a contractor is awarded a contract through the use of a preference under this Act and knowingly supplies
procured products under that contract that are not manufactured in Illinois or the United States, as applicable, 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.

(Source: P.A. 102-721, eff. 1-1-23.)

30 ILCS 517/30

(30 ILCS 517/30)

Sec. 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 procured products required for the project or (ii) CDB determines that procured products required for the project are too numerous or complex to be able to efficiently assess the sites where manufactured.

(Source: P.A. 93-954, eff. 1-1-05; 94-540, eff. 1-1-06.)

30 ILCS 517/35

(30 ILCS 517/35)
Sec. 35. Compliance reports.

Beginning within 180 days after the effective date of this amendatory Act of the 102nd General Assembly, and annually thereafter, each purchasing agency shall submit to the chief procurement officer a report on: (i) the purchasing agency's compliance with the Act, including details on any incidents of noncompliance; (ii)  the purchasing agency's analysis of goods, products, and materials not subject to the Act, including details of any procured products purchased under an exception listed in subsection (a) of Section 10; and (iii) any recommendations for how to further effectuate the policy set forth in this Act.

(Source: P.A. 102-721, eff. 1-1-23.)

30 ILCS 517/90

(30 ILCS 517/90)

Sec. 90.

(Amendatory provisions; text omitted).

(Source: P.A. 93-954, eff. 1-1-05; text omitted.)