HB2369 96TH GENERAL ASSEMBLY

LRB096 10118 JAM 20284 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB2369

Introduced 2/19/2009, by Rep. Jehan A. Gordon

SYNOPSIS AS INTRODUCED:

30 ILCS 500/20-165 new

Amends the Illinois Procurement Code. Provides that a purchasing agency, chief procurement officer, associate procurement officer, or State purchasing officer may not enter into an agreement (i) to purchase or lease goods on behalf of a State agency unless 100% of the goods to be purchased or leased under the agreement are made or assembled in the United States or (ii) to procure services on behalf of a State agency unless 100% of the services to be procured under the agreement are provided within the United States. Requires each vendor, bidder, contractor, or subcontractor who submits a bid or enters into a procurement agreement with a State agency to certify compliance with these requirements. Authorizes certain exemptions from these requirements. Requires the purchasing agency, chief procurement officer, associate procurement officer, or State purchasing officer to terminate agreements for noncompliance and to collect from the vendor, contractor, or subcontractor an amount equal to 25% of the value of the agreement as liquidated damages if, during the life of an agreement, the vendor, contractor, or subcontractor violates these requirements. Prohibits a contractor, subcontractor, vendor, or bidder that violates these requirements from receiving any State contracts for a period of 5 years after the violation. Authorizes a State agency to bring a civil action in State or federal court to compel enforcement of this Act. Permits courts to award reasonable attorney fees and costs to the State agency. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning finance.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Procurement Code is amended by adding Section 20-165 as follows:

(30 ILCS 500/20-165 new)

Sec. 20-165. Limitation on the procurement of goods and services from foreign vendors; exemptions; penalties for noncompliance.

(a) A purchasing agency, chief procurement officer, associate procurement officer, or State purchasing officer may not enter into an agreement to purchase or lease goods on behalf of a State agency unless 100% of the goods to be purchased or leased under the agreement are made or assembled in the United States. Each vendor, bidder, contractor, or subcontractor who submits a bid or enters into an agreement to sell or lease goods to a State agency must certify that 100% of the goods covered by the bid or agreement are made or assembled in the United States.

(b) A purchasing agency, chief procurement officer, associate procurement officer, or State purchasing officer may not enter into an agreement to procure services on behalf of a State agency unless 100% of the services to be procured under the agreement are provided within the United States. Each vendor, bidder, contractor, or subcontractor who submits a bid or enters into an agreement to provide services to a State agency shall certify that 100% of the services covered by the bid or agreement will be performed in the United States.

(c) The requirements of subsections (a) and (b) of this Section shall not apply if:

(1) a purchasing agency, associate procurement officer, or State purchasing officer certifies in writing to the appropriate chief procurement officer that:

(A) the service or product is required by the purchasing agency and cannot be provided by a contractor or subcontractor within the United States;

(B) the goods are not manufactured in reasonably available quantities in the United States, or the services are not provided in reasonably available quantities in the United States;

(C) the price of the goods manufactured in the United States or the services provided in the United States exceeds by an unreasonable amount the price of available and comparable goods manufactured outside the United States or services provided outside the United States;

(D) the quality of the goods manufactured in the United States or services provided in the United States is substantially less than the quality of the comparably priced, available, and comparable goods manufactured outside the United States or services provided outside the United States;

(E) the purchase of the goods manufactured outside the United States or the services provided outside the United States better serves the public interest by helping to protect or save life, property, or the environment;

(F) the purchase of the goods or services is made in conjunction with contracts or offerings of telecommunications, fire suppression, security systems, communications services, Internet services, or information services; or

(G) 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; and

(2) the appropriate chief procurement officer approves that certification.

(d) If, during the term of an agreement to provide goods or services, the vendor, contractor, or subcontractor violates subsection (a) or (b) of this Section, the purchasing agency, chief procurement officer, associate procurement officer, or State purchasing officer must terminate the agreement for noncompliance and collect from the vendor, contractor, or subcontractor an amount equal to 25% of the value of the agreement as liquidated damages. A contractor, subcontractor, vendor, or bidder that, after entering into an agreement to provide goods or services to a State agency, violates subsection (a) or (b) of this Section is not entitled to receive any State contracts for a period of 5 years after the violation. A State agency may bring a civil action in State or federal court to compel enforcement of this Section. If the State agency prevails in the civil action, the court shall award reasonable attorney fees and costs to the State agency.

Section 99. Effective date. This Act takes effect upon becoming law.