HB0137 EngrossedLRB100 01842 RJF 11847 b

1    AN ACT concerning State government.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Procurement of Domestic Products Act is
5amended 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
9given to those terms in the federal Buy American Act of 1933.
10    "Manufactured in the United States" means: (1) in the case
11of products that are not assembled articles, materials, or
12supplies, that the product is mined or produced in the United
13States; (2) , in the case of assembled articles, materials, or
14supplies, that design, final assembly, processing, packaging,
15testing, or other process that adds value, quality, or
16reliability occurs in the United States and the cost of
17domestic components exceeds 50% of the cost of all of the
18components; or (3) that the product is a commercially available
19off-the-shelf item.
20    "Procured products" means assembled articles, materials,
21or 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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1board, or commission of the executive branch of State
2government, including each university, whether created by
3statute or by executive order of the Governor.
4    "United States" means the United States and any place
5subject 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
9making purchases of procured products shall promote the
10purchase of and give preference to manufactured articles,
11materials, and supplies that have been manufactured in the
12United States. Procured products manufactured in the United
13States shall be specified and purchased unless the purchasing
14agency 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
19of this Section, consideration shall be given to the life-cycle
20cost, including maintenance and repair of those procured
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
24becoming law.