Rep. Jay Hoffman
Filed: 3/8/2017
| |||||||
| |||||||
| |||||||
1 | AMENDMENT TO HOUSE BILL 138
| ||||||
2 | AMENDMENT NO. ______. Amend House Bill 138 by replacing | ||||||
3 | everything after the enacting clause with the following:
| ||||||
4 | "Section 5. The Procurement of Domestic Products Act is | ||||||
5 | amended by changing Sections 5, 10, and 25 as follows: | ||||||
6 | (30 ILCS 517/5)
| ||||||
7 | Sec. 5. Definitions. As used in this Act: | ||||||
8 | "Component" and "cost of components" have the meanings | ||||||
9 | given to those terms in the federal Buy American Act of 1933. | ||||||
10 | "Manufactured in Illinois" means: (1) in the case of | ||||||
11 | products that are not assembled articles, materials, or | ||||||
12 | supplies, that the product is mined or produced in Illinois; | ||||||
13 | (2) in the case of assembled articles, materials, or supplies, | ||||||
14 | that design, final assembly, processing, packaging, testing, | ||||||
15 | or other process that adds value, quality, or reliability | ||||||
16 | occurs in Illinois and the cost of components produced in |
| |||||||
| |||||||
1 | Illinois exceeds 50% of the cost of all of the components; or | ||||||
2 | (3) that the product is a commercially available off-the-shelf | ||||||
3 | item. | ||||||
4 | "Manufactured in the United States" means : (1) in the case | ||||||
5 | of products that are not assembled articles, materials, or | ||||||
6 | supplies, that the product is mined or produced in the United | ||||||
7 | States; (2) , in the case of assembled articles, materials, or | ||||||
8 | supplies, that design, final assembly, processing, packaging, | ||||||
9 | testing, or other process that adds value, quality, or | ||||||
10 | reliability occurs in the United States and the cost of | ||||||
11 | domestic components exceeds 50% of the cost of all of the | ||||||
12 | components; or (3) that the product is a commercially available | ||||||
13 | off-the-shelf item . | ||||||
14 | "Procured products" means assembled articles, materials, | ||||||
15 | or supplies purchased by a State agency.
| ||||||
16 | "Purchasing agency" means a State agency. | ||||||
17 | "State agency" means each agency, department, authority, | ||||||
18 | board, or commission of the executive branch of State | ||||||
19 | government, including each university, whether created by | ||||||
20 | statute or by executive order of the Governor.
| ||||||
21 | "United States" means the United States and any place | ||||||
22 | subject to the jurisdiction of the United States.
| ||||||
23 | (Source: P.A. 98-463, eff. 8-16-13.) | ||||||
24 | (30 ILCS 517/10)
| ||||||
25 | Sec. 10. Domestic United States products. |
| |||||||
| |||||||
1 | (a) Each purchasing agency making purchases of procured | ||||||
2 | products shall promote the purchase of and give preference to | ||||||
3 | manufactured articles, materials, and supplies that have been | ||||||
4 | manufactured in Illinois the United States . Procured products | ||||||
5 | manufactured in Illinois the United States shall be specified | ||||||
6 | and purchased unless the purchasing agency determines that any | ||||||
7 | of the following applies: | ||||||
8 | (1) The procured products are not manufactured in | ||||||
9 | Illinois the United States in reasonably available | ||||||
10 | quantities. | ||||||
11 | (2) The price of the procured products manufactured in | ||||||
12 | Illinois the United States exceeds by an unreasonable | ||||||
13 | amount the price of available and comparable procured | ||||||
14 | products manufactured outside of Illinois the United | ||||||
15 | States by 12% or more. To be eligible for an exemption | ||||||
16 | under this paragraph (2), the purchasing agency must first | ||||||
17 | obtain a written waiver from the chief procurement officer . | ||||||
18 | (3) The quality of the procured products manufactured | ||||||
19 | in Illinois the United States is substantially less than | ||||||
20 | the quality of the comparably priced, available, and | ||||||
21 | comparable procured products manufactured outside of | ||||||
22 | Illinois the United States . | ||||||
23 | (4) The purchase of the procured products manufactured | ||||||
24 | outside of Illinois the United States better serves the | ||||||
25 | public interest by helping to protect or save life, | ||||||
26 | property, or the environment. |
| |||||||
| |||||||
1 | (5) The purchase of the procured products is made in | ||||||
2 | conjunction with contracts or offerings of | ||||||
3 | telecommunications, fire suppression, security systems, | ||||||
4 | communications services, Internet services, or information | ||||||
5 | services. | ||||||
6 | (6) The purchase is of pharmaceutical products, drugs, | ||||||
7 | biologics, vaccines, medical devices used to provide | ||||||
8 | medical and health care or treat disease or used in medical | ||||||
9 | or research diagnostic tests, and medical nutritionals | ||||||
10 | regulated by the Food and Drug Administration under the | ||||||
11 | federal Food, Drug and Cosmetic Act. | ||||||
12 | (b) If the purchasing agency determines that any of | ||||||
13 | paragraphs (1) through (4) of subsection (a) applies to a | ||||||
14 | procured product, then, with respect to that procurement, the | ||||||
15 | purchasing agency shall give preference to manufactured | ||||||
16 | articles, materials, and supplies that have been manufactured | ||||||
17 | in the United States. In that case, procured products | ||||||
18 | manufactured in the United States shall be specified and | ||||||
19 | purchased unless the purchasing agency determines that any of | ||||||
20 | the following applies: | ||||||
21 | (1) The procured products are not manufactured in the
| ||||||
22 | United States in reasonably available quantities. | ||||||
23 | (2) The price of the procured products manufactured
in | ||||||
24 | the United States exceeds the price of available and | ||||||
25 | comparable procured products manufactured outside the | ||||||
26 | United States by 12% or more. To be eligible for an |
| |||||||
| |||||||
1 | exemption under this paragraph (2), the purchasing agency | ||||||
2 | must first obtain a written waiver from the chief | ||||||
3 | procurement officer. | ||||||
4 | (3) The quality of the procured products manufactured
| ||||||
5 | in the United States is substantially less than the quality | ||||||
6 | of the comparably priced, available, and comparable | ||||||
7 | procured products manufactured outside the United States. | ||||||
8 | (4) The purchase of the procured products
manufactured | ||||||
9 | outside the United States better serves the public interest | ||||||
10 | by helping to protect or save life, property, or the | ||||||
11 | environment. | ||||||
12 | (5) The purchase of the procured products is made in
| ||||||
13 | conjunction with contracts or offerings of | ||||||
14 | telecommunications, fire suppression, security systems, | ||||||
15 | communications services, Internet services, or information | ||||||
16 | services. | ||||||
17 | (6) The purchase is of pharmaceutical products,
drugs, | ||||||
18 | biologics, vaccines, medical devices used to provide | ||||||
19 | medical and health care or treat disease or used in medical | ||||||
20 | or research diagnostic tests, and medical nutritionals | ||||||
21 | regulated by the Food and Drug Administration under the | ||||||
22 | federal Food, Drug and Cosmetic Act. | ||||||
23 | (c) In determining the price of procured products for | ||||||
24 | purposes of this Section, consideration shall be given to the | ||||||
25 | life-cycle cost, including maintenance and repair of those | ||||||
26 | procured products.
|
| |||||||
| |||||||
1 | (Source: P.A. 93-954, eff. 1-1-05; 94-540, eff. 1-1-06.) | ||||||
2 | (30 ILCS 517/25)
| ||||||
3 | Sec. 25. Penalties. If a contractor is awarded a contract | ||||||
4 | through the use of a preference under this Act and knowingly | ||||||
5 | supplies
procured products under that contract that are not | ||||||
6 | manufactured in Illinois or the United States, as applicable, | ||||||
7 | then (i) the contractor
is barred from obtaining any State | ||||||
8 | contract for a period of 5 years after the violation is | ||||||
9 | discovered by the purchasing agency, (ii) the purchasing agency | ||||||
10 | may void the contract, and (iii) the purchasing agency may | ||||||
11 | recover damages in a civil action in an amount 3 times the | ||||||
12 | value of the preference.
| ||||||
13 | (Source: P.A. 93-954, eff. 1-1-05; 94-540, eff. 1-1-06.)
| ||||||
14 | Section 99. Effective date. This Act takes effect upon | ||||||
15 | becoming law.".
|