Full Text of HB6983 93rd General Assembly
HB6983ham003 93RD GENERAL ASSEMBLY
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Rep. Karen May
Filed: 3/30/2004
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LRB093 21258 RCE 49410 a |
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| AMENDMENT TO HOUSE BILL 6983
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| AMENDMENT NO. ______. Amend House Bill 6983, AS AMENDED, by | 3 |
| replacing everything after the enacting clause with the | 4 |
| following: | 5 |
| "Section 1. Short title. This Act may be cited as the | 6 |
| Procurement of Domestic Products Act. | 7 |
| Section 5. Definitions. As used in this Act: | 8 |
| "Manufactured in the United States" means, in the case of | 9 |
| assembled articles, materials, or supplies, that final | 10 |
| assembly occurs in the United States. | 11 |
| "Purchasing agency" means a State agency. | 12 |
| "State agency" means each agency, department authority, | 13 |
| board, commission of the executive branch of State government, | 14 |
| including each university, whether created by statute or by | 15 |
| executive order of the Governor.
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| "United States" means the United States and any place | 17 |
| subject to the jurisdiction of the United States.
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| Section 10. United States products. Each purchasing agency | 19 |
| making purchases of manufactured articles, materials, and | 20 |
| supplies shall promote the purchase of and give preference to | 21 |
| manufactured articles, materials, and supplies that have been | 22 |
| manufactured in the United States. Manufactured articles, | 23 |
| materials, and supplies manufactured in the United States shall |
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| be specified and purchased unless the purchasing agency | 2 |
| determines that any of the following applies: | 3 |
| (1) The manufactured articles, materials, and supplies | 4 |
| are not manufactured in the United States in reasonably | 5 |
| available quantities. | 6 |
| (2) The price of the manufactured articles, materials, | 7 |
| and supplies manufactured in the United States exceeds by | 8 |
| an unreasonable amount the price of available and | 9 |
| comparable manufactured articles, materials, and supplies | 10 |
| manufactured outside the United States. | 11 |
| (3) The quality of the manufactured articles, | 12 |
| materials, and supplies manufactured in the United States | 13 |
| is substantially less than the quality of the comparably | 14 |
| priced, available, and comparable manufactured articles, | 15 |
| materials, and supplies manufactured outside the United | 16 |
| States. | 17 |
| (4) The purchase of the manufactured articles, | 18 |
| materials, and supplies manufactured in the United States | 19 |
| is not in the public interest. | 20 |
| In determining the price of manufactured articles, | 21 |
| materials, and supplies for purposes of this Section, | 22 |
| consideration shall be given to the life-cycle cost of those | 23 |
| manufactured articles, materials, and supplies.
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| Section 15. Contracts; prequalification. | 25 |
| (a) Each contract awarded by a purchasing agency on or | 26 |
| after the effective date of this Act through the use of the | 27 |
| preference required under Section 10 shall contain the | 28 |
| contractor's certification that manufactured articles, | 29 |
| materials, and supplies provided pursuant to the contract or a | 30 |
| subcontract shall be manufactured in the United States.
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| (b) Chief procurement officers, as provided in Section | 32 |
| 20-45 of the Illinois Procurement Code, and the Capital | 33 |
| Development Board, as provided in Section 30-20 of the Illinois |
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| Procurement Code, must promulgate rules for prequalification | 2 |
| of suppliers and contractors under this Section. | 3 |
| Section 20. Federal and State law.
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| (a) Nothing in this Act is intended to contravene any | 5 |
| existing treaty, law, agreement, or regulation of the United | 6 |
| States. Contracts entered into in accordance with any treaty, | 7 |
| law, agreement, or regulation of the United States shall not be | 8 |
| in violation of this Act to the extent of that accordance.
No | 9 |
| preference shall be granted under this Act if that preference | 10 |
| would contravene any treaty, law, agreement, or regulation of | 11 |
| the United States. | 12 |
| (b) The preference required by this Act is in addition to | 13 |
| any other preference afforded by State law. | 14 |
| Section 25. Penalties. If a contractor is awarded a | 15 |
| contract through the use of a preference under this Act and | 16 |
| knowingly supplies manufactured articles, materials, or | 17 |
| supplies under that contract that are not manufactured in the | 18 |
| United States, then (i) the contractor is barred from obtaining | 19 |
| any State contract for a period of 5 years after the violation | 20 |
| is discovered by the purchasing agency, (ii) the purchasing | 21 |
| agency may void the contract, and (iii) the purchasing agency | 22 |
| may recover damages in a civil action in an amount 3 times the | 23 |
| value of the preference. | 24 |
| Section 30. Capital Development Board; exemption. The | 25 |
| Capital Development Board (CDB) is exempt from the requirements | 26 |
| of this Act with respect to a specific project if (i) CDB | 27 |
| determines that the project is too complex for the 5 major | 28 |
| construction building trades to identify the numerous | 29 |
| individual articles, materials, and supplies required for the | 30 |
| project or (ii) CDB determines that the articles, materials, | 31 |
| and supplies required for the project are too numerous or |
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| complex to be able to efficiently assess the sites where | 2 |
| manufactured. | 3 |
| Section 90. The Illinois Procurement Code is amended by | 4 |
| 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 | 7 |
| 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, | 13 |
| and Persons with
Disabilities Act ; and . | 14 |
| (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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