Full Text of HB0356 101st General Assembly
HB0356eng 101ST GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning finance.
| 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 | | "Commercially available off-the-shelf
item" has the same | 9 | | meaning ascribed to that term under Section 104 of Title 41 of | 10 | | the United States Code. | 11 | | "Component" and "cost of components" have the meanings | 12 | | given to those terms in the federal Buy American Act of 1933. | 13 | | "Manufactured in the United States" means : (1) in the case | 14 | | of products that are not assembled articles, materials, or | 15 | | supplies, that the product is mined or produced in the United | 16 | | States; (2) , in the case of assembled articles, materials, or | 17 | | supplies, that design, final assembly, processing, packaging, | 18 | | testing, or other process that adds value, quality, or | 19 | | reliability occurs in the United States and the cost of | 20 | | domestic components exceeds 50% of the cost of all of the | 21 | | components; or (3) that the product is a commercially available | 22 | | off-the-shelf item . | 23 | | "Procured products" means assembled articles, materials, |
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| 1 | | or supplies purchased by a State agency.
| 2 | | "Purchasing agency" means a State agency. | 3 | | "State agency" means each agency, department, authority, | 4 | | board, or commission of the executive branch of State | 5 | | government, including each university, whether created by | 6 | | statute or by executive order of the Governor.
| 7 | | "United States" means the United States and any place | 8 | | subject to the jurisdiction of the United States.
| 9 | | (Source: P.A. 98-463, eff. 8-16-13.) | 10 | | (30 ILCS 517/10)
| 11 | | Sec. 10. United States products. Each purchasing agency | 12 | | making purchases of procured products shall promote the | 13 | | purchase of and give preference to manufactured articles, | 14 | | materials, and supplies that have been manufactured in the | 15 | | United States. Procured products manufactured in the United | 16 | | States shall be specified and purchased unless the purchasing | 17 | | agency determines that any of the following applies: | 18 | | (1) The procured products are not manufactured in the | 19 | | United States in reasonably available quantities. | 20 | | (2) The price of the procured products manufactured in | 21 | | the United States exceeds by an unreasonable amount the | 22 | | price of available and comparable procured products | 23 | | manufactured outside the United States by 12% or more. To | 24 | | be eligible for an exemption under this paragraph (2), the | 25 | | purchasing agency must first obtain a written waiver from |
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| 1 | | the chief procurement officer . | 2 | | (3) The quality of the procured products manufactured | 3 | | in the United States is substantially less than the quality | 4 | | of the comparably priced, available, and comparable | 5 | | procured products manufactured outside the United States. | 6 | | (4) The purchase of the procured products manufactured | 7 | | outside the United States better serves the public interest | 8 | | by helping to protect or save life, property, or the | 9 | | environment. | 10 | | (5) The purchase of the procured products is made in | 11 | | conjunction with contracts or offerings of | 12 | | telecommunications, fire suppression, security systems, | 13 | | communications services, Internet services, or information | 14 | | services. | 15 | | (6) The purchase is of pharmaceutical products, drugs, | 16 | | biologics, vaccines, medical devices used to provide | 17 | | medical and health care or treat disease or used in medical | 18 | | or research diagnostic tests, and medical nutritionals | 19 | | regulated by the Food and Drug Administration under the | 20 | | federal Food, Drug and Cosmetic Act. | 21 | | In determining the price of procured products for purposes | 22 | | of this Section, consideration shall be given to the life-cycle | 23 | | cost, including maintenance and repair of those procured | 24 | | products.
| 25 | | (Source: P.A. 93-954, eff. 1-1-05; 94-540, eff. 1-1-06.)
| 26 | | Section 99. Effective date. This Act takes effect upon |
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| 1 | | becoming law.
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