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. 

    HIST: 1983 c 336 s 2; 1984 c 440 s 1; 1984 c 544 s 88; 1984 c 
 655 art 2 s 13 subd 1; 1991 c 23 s 1; 1992 c 583 s 1; 1996 c 395 
 s 18