Sec. 1. 5 MRSA §1754 is enacted to read:

§1754.__Bids by domestic manufacturers and fabricators

The Department of Administrative and Financial Services through the Bureau of General Services shall ensure fair treatment of domestic manufacturers and fabricators in the bidding and award of public improvement construction contracts, including the construction or major alteration or repair of school buildings, involving a total cost in excess of $100,000 in accordance with this section.

1.__Competitive bids.__Notwithstanding sections 1743 and 1743-A, a domestically produced or fabricated good may be considered of comparable cost to a foreign-produced or foreign-fabricated good if the cost of the good is within 15% of the cost of the foreign-produced or foreign-fabricated good.__For purposes of this section, "domestically produced or fabricated good" means a good manufactured or substantially fabricated in the United States.

2.__Source disclosure.__Public improvement construction contract proposals must disclose the source of value-added materials to be used, whether fabricated or manufactured, whose value exceeds $100,000.

3.__Federal laws and treaties.__This section applies to the extent it is not in conflict with laws or international treaties of the United States.

4.__Annual report.__The Department of Administrative and Financial Services, Bureau of General Services shall report annually by February 1st on the number of bids involving the preference in this section, on the number of contracts awarded that involved the preference and on any other matters pertaining to this section.

SUMMARY

This bill allows the Department of Administrative and Financial Services in awarding public improvement construction project contracts to give preference to domestic suppliers whose bids are within 15% of a bid of a foreign supplier. This preference applies only to the extent permitted under federal law and international treaties signed by the United States.