ANNOUNCEMENT 01 Jan 2010In January 2010, a US state government announced a change in the access to public tenders.
NUMBER OF INTERVENTIONS
The Minnesota state legislature enacted a Buy American law in 2009 that concerns the purchase of uniforms and safety equipment. The law is reproduced in full below.
(a) Notwithstanding any other law or rule to the contrary, a public employer is prohibited from knowingly purchasing or acquiring, furnishing, or requiring an employee to purchase or acquire for wear or use while on duty, any of the following items if the item is not manufactured in the United of America: (1) any uniform or other item of wearing apparel over which an employee has no discretion in selecting except for selecting the proper size; or (2) safety equipment or protective accessories.
(b) Preference must be given to purchases from manufacturers who pay an average annual income, including wages and benefits, equal to at least 150 percent of the federal poverty guideline adjusted for a family size of four. For purposes of this section, "public employer" means a county, home rule charter or statutory city, town, school district, metropolitan or regional agency, public corporation, political subdivision, special district as defined in section 6.465, subdivision 3, municipal fire department, independent nonprofit firefighting corporation, the University of Minnesota, the Minnesota State Colleges and Universities, and the state of Minnesota and its agencies.
(c) Notwithstanding paragraph (a), a public employer may purchase or acquire, furnish, or require an employee to purchase or acquire items listed in paragraph (a) manufactured outside of the United States if similar items are not manufactured or available for purchase in the United States.
EFFECTIVE DATE. This section is effective January 1, 2010, or upon expiration of valid contracts for such equipment and apparel entered into by public employers prior to June 1, 2009, whichever is later.