Md. Code Regs. 21.11.15.02

Current through Register Vol. 51, No. 12, June 14, 2024

Section 21.11.15.02 - Employee Uniforms and Equipment - Country of Manufacture

A. In this regulation, the following terms have the meanings indicated.

B. Terms Defined.

(1) "Reasonably available quantities" means at least 90 percent of the items procured by the public employer are available within the employer's delivery schedule.

(2) "Substantially less quality" means not in compliance with applicable safety and durability standards.

(3) "Unreasonable amount" means more than 5 percent over the lowest bid offering items manufactured outside the United States.

C. A public employer may not knowingly buy, furnish, or require an employee to buy or acquire for use while on duty the following items if those items are manufactured outside of the United States:

(1) A uniform or any other item of apparel, the selection of which is not within the employee's discretion except for the proper size of the item; or

(2) Safety equipment and protective accessories.

D. A public employer may buy, furnish, or require an employee to buy or acquire for use while on duty the items listed in §C of this regulation that are manufactured outside of the United States if:

(1) The items or similar items are not manufactured or available for purchase in the United States;

(2) The items or similar items are not manufactured or available for purchase in the United States in reasonably available quantities;

(3) The price of the items or similar items manufactured in the United States exceeds the price of similar, available items that are not manufactured in the United States by an unreasonable amount; or

(4) The quality of the items or similar items manufactured in the United States is of substantially less quality than comparably priced, similar and available items not manufactured in the United States.

E. In each bid or proposal subject to the requirements of this regulation, a bidder or offeror shall certify to the public employer whether the offered items are manufactured in the United States. If a bid or proposal offers items that are manufactured in the United States and outside the United States, the bid or proposal shall distinguish which items are manufactured in the United States.

Md. Code Regs. 21.11.15.02

Regulation .02 recodified from 21.11.14.02 effective 47:26 Md. R. 1108, eff. 12/28/2020