Rep. Jay Hoffman
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AMENDMENT TO HOUSE BILL 137
AMENDMENT NO. ______. Amend House Bill 137 by replacing
everything after the enacting clause with the following:
The Procurement of Domestic Products Act is
amended by changing Sections 5 and 10 as follows:
(30 ILCS 517/5)
As used in this Act:
"Component" and "cost of components" have the meanings
given to those terms in the federal Buy American Act of 1933.
"Manufactured in the United States" means
: (1) in the case
of products that are not assembled articles, materials, or
supplies, that the product is mined or produced in the United
in the case of assembled articles, materials, or
supplies, that design, final assembly, processing, packaging,
testing, or other process that adds value, quality, or
reliability occurs in the United States
and the cost of
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domestic components exceeds 50% of the cost of all of the
components; or (3) that the product is a commercially available
"Procured products" means assembled articles, materials,
or supplies purchased by a State agency.
"Purchasing agency" means a State agency.
"State agency" means each agency, department, authority,
board, or commission of the executive branch of State
government, including each university, whether created by
statute or by executive order of the Governor.
"United States" means the United States and any place
subject to the jurisdiction of the United States.
(Source: P.A. 98-463, eff. 8-16-13.)
(30 ILCS 517/10)
United States products.
Each purchasing agency
making purchases of procured products shall promote the
purchase of and give preference to manufactured articles,
materials, and supplies that have been manufactured in the
United States. Procured products manufactured in the United
States shall be specified and purchased unless the purchasing
agency determines that any of the following applies:
(1) The procured products are not manufactured in the
United States in reasonably available quantities.
(2) The price of the procured products manufactured in
the United States exceeds
by an unreasonable amount
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price of available and comparable procured products
manufactured outside the United States
by 12% or more. To
be eligible for an exemption under this paragraph (2), the
purchasing agency must first obtain a written waiver from
the chief procurement officer
(3) The quality of the procured products manufactured
in the United States is substantially less than the quality
of the comparably priced, available, and comparable
procured products manufactured outside the United States.
(4) The purchase of the procured products manufactured
outside the United States better serves the public interest
by helping to protect or save life, property, or the
(5) The purchase of the procured products is made in
conjunction with contracts or offerings of
telecommunications, fire suppression, security systems,
communications services, Internet services, or information
(6) 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.
In determining the price of procured products for purposes
of this Section, consideration shall be given to the life-cycle