‘Sec. 1. 5 MRSA §1743, first ¶, as repealed and replaced by PL 2001, c. 271, §1, is amended to read:
The Department of Administrative and Financial Services through the Bureau of General Services shall award a contract in accordance with this section and chapter 168 for any public improvement that the State or any of its agencies hold in fee involving a total cost in excess of $100,000, except contracts for professional, architectural and engineering services. The bureau may reject any public improvement bid, qualification package or proposal when it determines that to do so is in the best interests of the State. The contract must be awarded by competitive bid as provided in subsection 2 or by the bid method provided in subsections 3 to 7 for alternative methods of project delivery.
Sec. 2. 5 MRSA §1811, sub-§1, as amended by PL 1991, c. 780, Pt. Y, §62, is further amended to read:
Sec. 3. 5 MRSA §1812, first ¶, as amended by PL 1991, c. 780, Pt. Y, §67, is further amended to read:
The terms "services," "supplies," "materials" and "equipment" as used in this chapter mean any and all services, articles or things that are used by or furnished to the State or any department or agency thereof, and any and all printing, binding, publication of laws, journals and reports. Except as provided in chapters 141 to 155 and chapter 168, any and all services, supplies, materials and equipment needed by one or more departments or agencies of the State Government must be directly purchased or contracted for by the Director of the Bureau of General Services, as may be determined from time to time by rules adopted pursuant to chapters 141 to 155 and chapter 168, which rules the Department of Administrative and Financial Services is authorized and empowered to make. It is the intent and purpose of this chapter that the Director of the Bureau of General Services purchase collectively all services, supplies, materials and equipment for the State or any department or agency thereof in a manner that will best secure the greatest possible economy consistent with the grade or quality of the services, supplies, materials and equipment best adapted for the purposes for which they are needed. Whenever supplies and materials are available for purchase that are composed in whole or in part of recycled materials and are shown by the seller, supplier or manufacturer to be equal in quality and are competitively priced, except for paper and paper products, the Director of the Bureau of General Services shall purchase such recycled supplies and materials. The Director of the Bureau of General Services shall also review procurement procedures and bid specifications for the purchase of products and materials to ensure, to the maximum extent feasible, the purchase of products or materials that are made with recycled materials or may be recycled or reused once discarded. For the purposes of this section and section 1812-B, "recycled materials" means materials that are composed in whole or in part of elements that are reused or reclaimed.
Sec. 4. 5 MRSA §1819 is amended to read:
§ 1819. Unlawful purchases
Whenever any department or agency of the State Government, required by chapters 141 to 155 and chapter 168 and rules and regulations adopted pursuant thereto, to those chapters applying to the purchase of services, supplies, materials or equipment through the State Purchasing Agent, shall contract contracts for the purchase of such services, supplies, materials or equipment contrary to chapters 141 to 155 and chapter 168 or the rules and regulations made hereunder under those chapters, such contract shall be is void and have has no effect. If any such department or agency purchases any services, supplies, materials or equipment contrary to chapters 141 to 155 and chapter 168 or rules and regulations made hereunder under those chapters, the head of such department or agency shall be is personally liable for the costs thereof, and , if such services, supplies, materials or equipment are so unlawfully purchased and paid for out of state moneys money, the amount thereof may be recovered in the name of the State in an appropriate action instituted therefor for that recovery.
Sec. 5. 5 MRSA c. 168 is enacted to read:
MAINE BUY AMERICAN AND BUILD MAINE ACT
§ 2046. Short title
This Act may be known and cited as "the Maine Buy American and Build Maine Act."
§ 2047. Definitions
As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.
(1) Has filed a Maine tax return or paid Maine employment taxes for at least the 2 years immediately prior to bidding on a state contract;
(2) If the business or a subsidiary of the business does not meet the requirements of subparagraph (1), an officer, if the business is a corporation, a partner in the business or the sole proprietor must meet the requirements of paragraph A; or
(3) If the business or a subsidiary of the business does not meet the requirements of subparagraph (1) or (2), at least 60% of the individuals employed by the business are residents of this State. For purposes of this subparagraph, an individual is a resident of this State if the individual meets the requirements of Title 21-A, section 112 and filed a Maine income tax return the previous year.
(1) All of the manufacturing processes for the manufactured good take place in the United States;
(2) The origin of the manufactured good's components meets a minimum level of domestic content, as defined in rules established by the department pursuant to section 2050; or
(3) The manufactured good is assembled in the United States.
§ 2048. Use of American-made materials
§ 2049. Preference for in-state contractors
Notwithstanding any provision of law to the contrary, the department shall follow the requirements of this section.
§ 2050. Rules
The department shall adopt rules necessary to implement this chapter. Rules adopted pursuant to this section are routine technical rules as defined in chapter 375, subchapter 2-A.
Sec. 6. Effective date. This Act takes effect July 1, 2021.’