§1604.7. Preference for items manufactured in the United States; definitions
A. This Section may be cited as the "Procurement of Domestic Products Act".
B. As used in this Section, the following definitions shall apply:
(1) "Manufactured in the United States" means produced by a process in which the manufacturing, final assembly, processing, packaging, testing, and any other process that adds value, quality, or reliability to assembled articles, materials, or supplies, occur in the United States.
(2) "United States" means the United States and any place subject to the jurisdiction of the United States.
C. In the event a contract is not entered into for products purchased under the provisions of R.S. 39:1595, each procurement officer, purchasing agent, or similar official who procures or purchases materials, supplies, products, provisions, or equipment under the provisions of this Chapter may purchase such materials, supplies, products, provisions, or equipment which are manufactured in the United States, and which are equal in quality to other materials, supplies, products, provisions, or equipment, provided that all of the following conditions are met:
(1) The cost of such items does not exceed the cost of other items which are manufactured outside the United States by more than five percent.
(2) The vendor of such items agrees to sell the items at the same price as the lowest bid offered on such items.
(3) In cases where more than one bidder offers items manufactured in the United States which are within five percent of the lowest bid, the bidder offering the lowest bid on such items is entitled to accept the price of the lowest bid made on such items.
(4) The vendor certifies that such items are manufactured in the United States.
D. The office of state procurement may promulgate rules and regulations for the implementation of this Section in accordance with the Administrative Procedure Act.
Acts 2011, No. 369, §1, eff. July 1, 2011; Acts 2014, No. 864, §2, eff. Jan. 1, 2015.
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