Illinois § 10

§ 10.

Domestic products. (a) 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 the price of available and comparable procured products manufactured outside of the United States by 12% or more. (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 of the United States. (4) The purchase of the procured products manufactured outside of the United States better serves the public interest by helping to protect or save life, property, or the environment. (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 services. (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. (7) The purchase is an emergency purchase authorized under Section 20-30 of the Illinois Procurement Code. (8) The purchase is a sole source or sole economically feasible source purchase authorized under Section 20-25 of the Illinois Procurement Code. (b) If there is a tie between 2 bidders or offerors who have certified that they will provide products manufactured in the United States, the bidder or offeror that certifies it will provide products manufactured in Illinois shall be given preference. (c) In determining the price of procured products for purposes of this Section, consideration shall be given to the life-cycle cost, including maintenance and repair of those procured products. (Source: P.A. 102-721, eff. 1-1-23.)