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State Government Administration Committee
Filed: 03/04/04
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09300HB6983ham001 |
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LRB093 21258 JAM 48522 a |
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| AMENDMENT TO HOUSE BILL 6983
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| AMENDMENT NO. ______. Amend House Bill 6983 by replacing |
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| everything after the enacting clause with the following:
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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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| "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. |
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| (a) Each purchasing agency making purchases of |
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| manufactured articles, materials, and supplies shall promote |
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| the purchase of and give preference to manufactured articles, |
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| materials, and supplies that have been produced in the United |
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| States. Manufactured articles, materials, and supplies |
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| manufactured in the United States shall be specified and |
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| purchased unless the purchasing agency determines that any of |
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| the following applies: |
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| (1) The manufactured articles, materials, and supplies |
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09300HB6983ham001 |
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LRB093 21258 JAM 48522 a |
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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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| (b) If an exception listed in paragraph (1), (2), (3), or |
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| (4) of subsection (a) applies and the manufactured article, |
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| material, or supply consists of assembled components, |
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| preference shall be given to the article, material, or supply |
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| that contains the highest percentage of components, based on |
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| the value of all components, that are manufactured in the |
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| United States.
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| Section 15. Source of content. Each bid to provide a |
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| purchasing agency with manufactured articles, materials, or |
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| supplies must identify the country in which each article, |
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| material, or supply was manufactured. If a manufactured |
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| article, material, or supply consists of assembled components, |
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| the source of each component must be identified.
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LRB093 21258 JAM 48522 a |
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| Section 20. Contracts. Each contract awarded by a |
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| purchasing agency on or after the effective date of this Act |
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| through the use of the preference required under Section 10 |
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| shall contain the contractor's certification that manufactured |
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| articles, materials, and supplies provided pursuant to the |
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| contract or a subcontract shall be manufactured within the |
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| United States.
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| Section 25. 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.
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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 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.)".
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