§ 2878-C — Certain contracts involving personal protective equipment and medical supplies

§ 2878-c. Certain contracts involving personal protective equipment\nand medical supplies. 1. Notwithstanding any other provisions of law,\nall contracts over fifty thousand dollars in value made and awarded by\nany state authority for the purchase of personal protective equipment or\nmedical supplies shall require that the personal protective equipment or\nmedical supply items be produced or made in whole or substantial part in\nthe United States.\n 2. For purposes of this section:\n (a) "personal protective equipment" means all equipment worn to\nminimize exposure to medical hazards, including gloves, masks, face\nshields, eye protection, respirators, medical hair and shoe coverings,\nand disposable gowns and aprons.\n (b) "medical supplies" means materials necessary to respond to health\nemergencies or pandemics, including and without limitation ventilators,\nmedical test kits, and vaccines.\n (c) "United States" means the United States, its territories, or\npossessions.\n 3. The provisions of this section shall not apply if the head of the\nstate authority purchasing the personal protective equipment or medical\nsupplies, in his or her sole discretion, determines that such provisions\nwould not be in the public interest; that obtaining such personal\nprotective equipment or medical supplies in the United States would\nincrease the cost of the contract by an unreasonable amount; that such\npersonal protective equipment or medical supplies cannot be produced or\nmade in the United States in sufficient and reasonably available\nquantities and of satisfactory quality or design to meet the state\nauthority's requirements; or that purchasing personal protective\nequipment or medical supplies manufactured outside of the United States\nis necessary to avoid a delay in the delivery of critical services that\ncould compromise the public welfare.\n 4. Nothing in this section is intended to contravene any existing\ntreaties, laws, trade agreements, or regulations of the United States or\nsubsequent trade agreements entered into between any foreign countries\nand the state or the United States.\n 5. Subject to the provisions of this section, the department of\neconomic development, in consultation with the office of general\nservices and the division of the budget, shall be authorized to\nestablish rules and regulations for the effective administration of this\nsection.\n