Rep. Jay Hoffman

Filed: 3/8/2017





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2    AMENDMENT NO. ______. Amend House Bill 137 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Procurement of Domestic Products Act is
5amended by changing Sections 5 and 10 as follows:
6    (30 ILCS 517/5)
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



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1domestic components exceeds 50% of the cost of all of the
2components; or (3) that the product is a commercially available
3off-the-shelf item.
4    "Procured products" means assembled articles, materials,
5or supplies purchased by a State agency.
6    "Purchasing agency" means a State agency.
7    "State agency" means each agency, department, authority,
8board, or commission of the executive branch of State
9government, including each university, whether created by
10statute or by executive order of the Governor.
11    "United States" means the United States and any place
12subject to the jurisdiction of the United States.
14    (30 ILCS 517/10)
15    Sec. 10. United States products. Each purchasing agency
16making purchases of procured products shall promote the
17purchase of and give preference to manufactured articles,
18materials, and supplies that have been manufactured in the
19United States. Procured products manufactured in the United
20States shall be specified and purchased unless the purchasing
21agency determines that any of the following applies:
22        (1) The procured products are not manufactured in the
23    United States in reasonably available quantities.
24        (2) The price of the procured products manufactured in
25    the United States exceeds by an unreasonable amount the



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1    price of available and comparable procured products
2    manufactured outside the United States by 12% or more. To
3    be eligible for an exemption under this paragraph (2), the
4    purchasing agency must first obtain a written waiver from
5    the chief procurement officer.
6        (3) The quality of the procured products manufactured
7    in the United States is substantially less than the quality
8    of the comparably priced, available, and comparable
9    procured products manufactured outside the United States.
10        (4) The purchase of the procured products manufactured
11    outside the United States better serves the public interest
12    by helping to protect or save life, property, or the
13    environment.
14        (5) The purchase of the procured products is made in
15    conjunction with contracts or offerings of
16    telecommunications, fire suppression, security systems,
17    communications services, Internet services, or information
18    services.
19        (6) The purchase is of pharmaceutical products, drugs,
20    biologics, vaccines, medical devices used to provide
21    medical and health care or treat disease or used in medical
22    or research diagnostic tests, and medical nutritionals
23    regulated by the Food and Drug Administration under the
24    federal Food, Drug and Cosmetic Act.
25    In determining the price of procured products for purposes
26of this Section, consideration shall be given to the life-cycle



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1cost, including maintenance and repair of those procured
3(Source: P.A. 93-954, eff. 1-1-05; 94-540, eff. 1-1-06.)
4    Section 99. Effective date. This Act takes effect upon
5becoming law.".