16B.101 Preference for American-made materials.
Subdivision 1. Definitions. As used in this section, the following terms have the meanings given them in this subdivision.
(a) "Public agency" includes all state agencies, the University of Minnesota, the board of trustees of the Minnesota state colleges and universities, and any contractor acting under a contract with a public agency.
(b) "Materials" means goods, supplies, equipment, or other tangible products or materials, including foods.
(c) "Manufactured" means mined, grown, produced, manufactured, fabricated, or assembled.
(d) "Manufactured in the United States" means materials manufactured in whole or in substantial part within the United States or a majority of whose component parts were manufactured in whole or in substantial part in the United States. Salt mined in Canada and cement manufactured in Canada are considered to have been manufactured in the United States for purposes of this section.
(e) "Purchase" means acquire by purchase or lease.
Subd. 2. Purchase preference. Notwithstanding the provisions of any other law to the contrary, no materials may be purchased by a public agency for use for governmental purposes which are not manufactured in the United States, except as may be provided in this section. When all other factors are substantially equal, preference must be given first to those products which are manufactured to the greatest extent in the United States. To the extent possible, specifications must be written so as to permit the public agency to purchase materials manufactured in the United States.
Subd. 3. Exemptions. Subdivision 2 does not apply if the person having contracting authority in respect to the purchase determines that (1) the materials are not manufactured in the United States in sufficient or reasonably available quantities, (2) the price or bid of the materials unreasonably exceeds the price or bid of available and comparable materials manufactured outside of the United States, (3) the quality of the materials is substantially less than the quality of comparably priced available materials manufactured outside of the United States, or (4) the purchase of the materials manufactured in the United States is otherwise not in the public interest. Subdivision 2 also does not apply if the materials are purchased with a view to commercial resale or with a view to use in the production of goods for commercial sale.
Official Publication of the State of Minnesota
Revisor of Statutes