Full Text of HB0137 100th General Assembly
HB0137eng 100TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning State government.
| 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly:
| 4 | | Section 5. The Procurement of Domestic Products Act is | 5 | | amended by changing Sections 5 and 10 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 the United States" means : (1) in the case | 11 | | of products that are not assembled articles, materials, or | 12 | | supplies, that the product is mined or produced in the United | 13 | | States; (2) , in the case of assembled articles, materials, or | 14 | | supplies, that design, final assembly, processing, packaging, | 15 | | testing, or other process that adds value, quality, or | 16 | | reliability occurs in the United States and the cost of | 17 | | domestic components exceeds 50% of the cost of all of the | 18 | | components; or (3) that the product is a commercially available | 19 | | off-the-shelf item . | 20 | | "Procured products" means assembled articles, materials, | 21 | | or supplies purchased by a State agency.
| 22 | | "Purchasing agency" means a State agency. | 23 | | "State agency" means each agency, department, authority, |
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| 1 | | board, or commission of the executive branch of State | 2 | | government, including each university, whether created by | 3 | | statute or by executive order of the Governor.
| 4 | | "United States" means the United States and any place | 5 | | subject to the jurisdiction of the United States.
| 6 | | (Source: P.A. 98-463, eff. 8-16-13.) | 7 | | (30 ILCS 517/10)
| 8 | | Sec. 10. United States products. Each purchasing agency | 9 | | making purchases of procured products shall promote the | 10 | | purchase of and give preference to manufactured articles, | 11 | | materials, and supplies that have been manufactured in the | 12 | | United States. Procured products manufactured in the United | 13 | | States shall be specified and purchased unless the purchasing | 14 | | agency determines that any of the following applies: | 15 | | (1) The procured products are not manufactured in the | 16 | | United States in reasonably available quantities. | 17 | | (2) The price of the procured products manufactured in | 18 | | the United States exceeds by an unreasonable amount the | 19 | | price of available and comparable procured products | 20 | | manufactured outside the United States by 12% or more. To | 21 | | be eligible for an exemption under this paragraph (2), the | 22 | | purchasing agency must first obtain a written waiver from | 23 | | the chief procurement officer . | 24 | | (3) The quality of the procured products manufactured | 25 | | in the United States is substantially less than the quality |
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| 1 | | of the comparably priced, available, and comparable | 2 | | procured products manufactured outside the United States. | 3 | | (4) The purchase of the procured products manufactured | 4 | | outside the United States better serves the public interest | 5 | | by helping to protect or save life, property, or the | 6 | | environment. | 7 | | (5) The purchase of the procured products is made in | 8 | | conjunction with contracts or offerings of | 9 | | telecommunications, fire suppression, security systems, | 10 | | communications services, Internet services, or information | 11 | | services. | 12 | | (6) The purchase is of pharmaceutical products, drugs, | 13 | | biologics, vaccines, medical devices used to provide | 14 | | medical and health care or treat disease or used in medical | 15 | | or research diagnostic tests, and medical nutritionals | 16 | | regulated by the Food and Drug Administration under the | 17 | | federal Food, Drug and Cosmetic Act. | 18 | | In determining the price of procured products for purposes | 19 | | of this Section, consideration shall be given to the life-cycle | 20 | | cost, including maintenance and repair of those procured | 21 | | products.
| 22 | | (Source: P.A. 93-954, eff. 1-1-05; 94-540, eff. 1-1-06.)
| 23 | | Section 99. Effective date. This Act takes effect upon | 24 | | becoming law.
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