Chapter 15. American-Manufactured Goods and Services — Preference
Regulation .01 DefinitionsLinkCopy Citation
In this chapter, “Public employer” or “Public body” means a:
A.
Unit;
B.
County;
C.
Municipality;
D.
County board of education including the Baltimore City Board of School Commissioners; or
E.
Special taxing district.
Regulation .02 Employee Uniforms and Equipment — Country of Manufacture.LinkCopy Citation
A.
In this regulation, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Reasonably available quantities” means at least 90 percent of the items procured by the public employer are available within the employer’s delivery schedule.
(2)
“Substantially less quality” means not in compliance with applicable safety and durability standards.
(3)
“Unreasonable amount” means more than 5 percent over the lowest bid offering items manufactured outside the United States.
C.
A public employer may not knowingly buy, furnish, or require an employee to buy or acquire for use while on duty the following items if those items are manufactured outside of the United States:
(1)
A uniform or any other item of apparel, the selection of which is not within the employee’s discretion except for the proper size of the item; or
(2)
Safety equipment and protective accessories.
D.
A public employer may buy, furnish, or require an employee to buy or acquire for use while on duty the items listed in §C of this regulation that are manufactured outside of the United States if:
(1)
The items or similar items are not manufactured or available for purchase in the United States;
(2)
The items or similar items are not manufactured or available for purchase in the United States in reasonably available quantities;
(3)
The price of the items or similar items manufactured in the United States exceeds the price of similar, available items that are not manufactured in the United States by an unreasonable amount; or
(4)
The quality of the items or similar items manufactured in the United States is of substantially less quality than comparably priced, similar and available items not manufactured in the United States.
E.
In each bid or proposal subject to the requirements of this regulation, a bidder or offeror shall certify to the public employer whether the offered items are manufactured in the United States. If a bid or proposal offers items that are manufactured in the United States and outside the United States, the bid or proposal shall distinguish which items are manufactured in the United States.
Regulation .03 Location of Performance of Services.LinkCopy Citation
A.
In this regulation, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Services” has the meaning stated in COMAR 21.01.02.01B and includes:
(a)
Construction-related services;
(b)
Architectural services;
(c)
Engineering Services; and
(d)
Energy performance contracts.
(2)
“Substantially less quality” means not in compliance with applicable performance standards.
(3)
“Unreasonable amount” means more than 5 percent over the lowest financial proposal or bid offering services provided outside the United States.
C.
This regulation applies to services contracts with an estimated value of $2,000,000 or more.
D.
In response to a solicitation issued by a public employer for services as defined in §B(1) of this regulation, a bidder or offeror shall disclose to the public employer:
(1)
Whether the bidder or offeror or any proposed subcontractor has plans, at the time the bid or proposal is submitted, to perform any services required under the contract outside the United States; and
(2)
If services required under the contract are anticipated to be performed outside the United States;
(a)
Where the services will be performed; and
(b)
The reason why it is necessary or advantageous to perform the services outside the United States.
E.
Except as provided in §F of this regulation, a public employer may not knowingly contract for architectural services, engineering services, construction-related services, or energy performance services unless the services are to be provided in the United States.
F.
A public employer may contract for services listed in §E of this regulation that are provided outside the United States if:
(1)
The services are not available in the United States;
(2)
The price of the services in the United States exceeds by an unreasonable amount the price of services provided outside the United States; or
(3)
The quality of services in the United States is substantially less than the quality of comparably-priced services provided outside the United States.
G.
In each bid or proposal subject to the requirements of this regulation, a bidder or offeror shall certify to the public employer whether the offered services are provided in the United States. If a bid or proposal offers services that are provided in the United States and outside the United States, the bid or proposal shall distinguish which services are provided in the United States.
Regulation .04 American-Manufactured Goods.LinkCopy Citation
A.
In this regulation, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“American-manufactured goods” means goods that are manufactured or assembled in the United States.
(2)
Emergency Life Safety and Property Safety Goods.
(a)
“Emergency life safety and property safety goods” means any goods when provided for the installation in, as part of, or as an addition to a system designed to:
(i)
Prevent, respond to, alert regarding, suppress, control, or extinguish an emergency or the cause of an emergency that threatens life or property; or
(ii)
Assist in evacuation in the event of an emergency that threatens life or property.
(b)
“Emergency life safety and property safety goods” includes systems or items for or relating to:
(i)
Fire alarms;
(ii)
Fire sprinklers;
(iii)
Fire suppression;
(iv)
Fire extinguishing;
(v)
Security;
(vi)
Gas detection;
(vii)
Intrusion detection;
(viii)
Access control;
(ix)
Video surveillance and recording;
(x)
Mass notification;
(xi)
Public address;
(xii)
Emergency lighting;
(xiii)
Patient wandering;
(xiv)
Infant tagging; and
(xv)
Nurse call.
(c)
“Emergency life safety and property safety goods” includes information technologies and telecommunications products and technologies that are used for the purposes listed in §B(2) of this regulation.
(3)
“Goods” means tangible or movable personal property other than money or investment securities.
(4)
“Information technologies and telecommunications products and technologies” means electronic information processing hardware or software used to generate, acquire, store, transform, process, retrieve, utilize, make available, transmit, or manipulate information or hardware or software used in the transmission of information, images, pictures, voice, or data by radio, video, or other electronic or impulse means.
(5)
Public Work.
(a)
“Public work” means a structure or work, including a bridge, building, ditch, road, alley, waterwork, or sewage disposal plant, that:
(i)
Is constructed for public use or benefit; or
(ii)
Is paid for wholly or in part by public money.
(b)
“Public work” does not include, unless let to a contract, a structure or work whose construction is performed by a public service company under order of the Public Service Commission or other public authority regardless of:
(i)
Public supervision or direction; or
(ii)
Payment wholly or in part from public money.
(6)
“Reasonably available quantities” means at least 90 percent of the goods procured by the public body are available within the public body’s delivery schedule.
(7)
“Substantially less quality” means not in compliance with applicable safety and durability standards including warranty terms.
(8)
“Unreasonable amount” means more than 5 percent over the lowest financial proposal or bid offering goods manufactured or assembled outside the United States.
C.
Except as provided in §D of this regulation, a public body shall require a contractor or subcontractor to use or supply American-manufactured goods in the performance of a contract for:
(1)
Constructing or maintaining a public work; or
(2)
Buying or manufacturing machinery or equipment that is to be installed at a public work site.
D.
A public body may contract for goods that are manufactured or assembled outside the United States:
(1)
If the head of the public body determines that:
(a)
The price of the American-manufactured goods exceeds by an unreasonable amount the price of similar manufactured goods that are not manufactured in the United States;
(b)
The goods or similar goods are not manufactured or available for purchase in the United States in reasonably available quantities;
(c)
The quality of the goods or similar goods manufactured in the United States is substantially less than the quality of comparably-priced, similar and available goods that are not manufactured in the United States; or
(d)
The procurement of a manufactured good would be inconsistent with the public interest; or
(2)
To procure emergency life safety and property safety goods.
E.
In each bid or proposal subject to the requirements of this regulation, a bidder or offeror shall certify to the public body:
(1)
Whether the offered goods are emergency life safety and property safety goods;
(2)
If the offered goods are not exempt from the requirements of this regulation, whether the offered goods are provided in the United States;
(3)
If a bid or proposal offers goods that are provided in the United States and outside the United States, the bid or proposal shall distinguish which goods are provided in the United States.
Chapter annotations
Authority: State Finance and Procurement Article, §§12-101, 14-401—14-403, 14-405, and 14-407, Annotated Code of Maryland;
Ch. 593, Acts of 2010; Ch. 314, Acts of 2011
Ch. 593, Acts of 2010; Ch. 314, Acts of 2011
History: Effective date:
History: Regulations .01—.03 recodified from COMAR 21.11.14 to COMAR 21.11.15 effective December 28, 2020 (47:26 Md. R. 1108)
History: Regulation .04 adopted effective April 29, 2024 (51:8 Md. R. 369)