Md. Code Regs. 21.11.15.04

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

Section 21.11.15.04 - American-Manufactured Goods

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

B. Terms Defined.

(1) "American-manufactured goods" means goods that are manufactured or assembled in the United States.

(2) Emergency Life Safety and Property Safety Goods.

(a) "Emergency life safety and property safety goods" means any goods when provided for the installation in, as part of, or as an addition to a system designed to:

(i) Prevent, respond to, alert regarding, suppress, control, or extinguish an emergency or the cause of an emergency that threatens life or property; or

(ii) Assist in evacuation in the event of an emergency that threatens life or property.

(b) "Emergency life safety and property safety goods" includes systems or items for or relating to:

(i) Fire alarms;

(ii) Fire sprinklers;

(iii) Fire suppression;

(iv) Fire extinguishing;

(v) Security;

(vi) Gas detection;

(vii) Intrusion detection;

(viii) Access control;

(ix) Video surveillance and recording;

(x) Mass notification;

(xi) Public address;

(xii) Emergency lighting;

(xiii) Patient wandering;

(xiv) Infant tagging; and

(xv) Nurse call.

(c) "Emergency life safety and property safety goods" includes information technologies and telecommunications products and technologies that are used for the purposes listed in §B(2) of this regulation.

(3) "Goods" means tangible or movable personal property other than money or investment securities.

(4) "Information technologies and telecommunications products and technologies" means electronic information processing hardware or software used to generate, acquire, store, transform, process, retrieve, utilize, make available, transmit, or manipulate information or hardware or software used in the transmission of information, images, pictures, voice, or data by radio, video, or other electronic or impulse means.

(5) Public Work.

(a) "Public work" means a structure or work, including a bridge, building, ditch, road, alley, waterwork, or sewage disposal plant, that:

(i) Is constructed for public use or benefit; or

(ii) Is paid for wholly or in part by public money.

(b) "Public work" does not include, unless let to a contract, a structure or work whose construction is performed by a public service company under order of the Public Service Commission or other public authority regardless of:

(i) Public supervision or direction; or

(ii) Payment wholly or in part from public money.

(6) "Reasonably available quantities" means at least 90 percent of the goods procured by the public body are available within the public body's delivery schedule.

(7) "Substantially less quality" means not in compliance with applicable safety and durability standards including warranty terms.

(8) "Unreasonable amount" means more than 5 percent over the lowest financial proposal or bid offering goods manufactured or assembled outside the United States.

C. Except as provided in §D of this regulation, a public body shall require a contractor or subcontractor to use or supply American-manufactured goods in the performance of a contract for:

(1) Constructing or maintaining a public work; or

(2) Buying or manufacturing machinery or equipment that is to be installed at a public work site.

D. A public body may contract for goods that are manufactured or assembled outside the United States:

(1) If the head of the public body determines that:

(a) The price of the American-manufactured goods exceeds by an unreasonable amount the price of similar manufactured goods that are not manufactured in the United States;

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

(c) The quality of the goods or similar goods manufactured in the United States is substantially less than the quality of comparably-priced, similar and available goods that are not manufactured in the United States; or

(d) The procurement of a manufactured good would be inconsistent with the public interest; or

(2) To procure emergency life safety and property safety goods.

E. In each bid or proposal subject to the requirements of this regulation, a bidder or offeror shall certify to the public body:

(1) Whether the offered goods are emergency life safety and property safety goods;

(2) If the offered goods are not exempt from the requirements of this regulation, whether the offered goods are provided in the United States;

(3) If a bid or proposal offers goods that are provided in the United States and outside the United States, the bid or proposal shall distinguish which goods are provided in the United States.

Md. Code Regs. 21.11.15.04

Regulations .04 adopted effective 51:8 Md. R. 369, eff. 4/29/2024.