34.353. All public agencies and political subdivisions to purchase or lease only goods or commodities produced in the United States, exceptions, procedure.
All public agencies and political subdivisions to purchase or leaseonly goods or commodities produced in the United States, exceptions,procedure.
34.353. 1. Each contract for the purchase or lease of manufacturedgoods or commodities by any public agency, and each contract made by apublic agency for construction, alteration, repair, or maintenance of anypublic works shall contain a provision that any manufactured goods orcommodities used or supplied in the performance of that contract or anysubcontract thereto shall be manufactured or produced in the United States.
2. This section shall not apply where the purchase, lease, orcontract involves an expenditure of less than twenty-five thousand dollars.This section shall not apply when only one line of a particular good orproduct is manufactured or produced in the United States.
3. This section shall not apply where the executive head of thepublic agency certifies in writing that:
(1) The specified products are not manufactured or produced in theUnited States in sufficient quantities to meet the agency's requirements orcannot be manufactured or produced in the United States within thenecessary time in sufficient quantities to meet the agency's requirements;
(2) Obtaining the specified products manufactured or produced in theUnited States would increase the cost of the contract by more than tenpercent;
(3) The specified products are to be purchased or leased by astate-supported four-year institute of higher education and suchcertification as required by subdivision (1) or (2) of this subsection hasbeen made within the last three years;
(4) The specified products are to be purchased or leased by apublicly supported institution and such certification as required bysubdivision (1) or (2) of this subsection has been made within the lastthree years; or
(5) The political subdivision has adopted a formal written policy toencourage the purchase of products manufactured or produced in the UnitedStates.
4. The certificate required by this section shall specify the natureof the contract, the product being purchased or leased, the names andaddresses of the United States manufacturers and producers contacted by thepublic agency or the project architect or engineer, and an indication thatsuch manufacturers or producers could not supply sufficient quantities orthat the price of the products would increase the cost of the contract bymore than ten percent.
5. Certificates required by this section shall be maintained by thepublic agency for a period of three years.
(L. 1987 S.B. 74 § 3, A.L. 1995 H.B. 562)