An Act To Establish the Maine Buy America and Build Maine Act
Maine Legislature, Session 128, LD 0956
Senate Amendment SA_B_S305 (Senate)

SENATE AMENDMENT" 8" to S.P. 311, L.D. 956, Bill, "An Act To Establish 
the Maine Buy America and Build Maine Act" 
Amend the bill by striking out the title and substituting the following: 
'Resolve, To Encourage the Purchasing of Materials Made in America and the Use 
of Maine Workers by State Agencies' 
Amend the bill by striking out everything after the title and before the summary and 
inserting the following: 
'Sec. 1. Maine Buy America and Build Maine Pilot Project established. 
Resolved: That the Maine Buy America and Build Maine Pilot Project is established; 
and be it further 
Sec. 2. Definitions. Resolved: That, as used in this resolve, unless the context 
otherwise indicates, the following terms have the following meanings. 
1. 
Department. 
"Department" means the Department of Administrative and 
Financial Services. 
2. Emergency life safety and property safety goods. "Emergency life safety and 
property safety goods" means any goods that are part of or for addition to a system 
designed to prevent, respond to, alert regarding, suppress, control or extinguish an 
emergency or the cause of an emergency, or goods used to assist evacuation in the event 
of an emergency, that threatens life or property. "Emergency life safety and property 
safety goods'' includes, but is not limited to, goods relating to systems or items for fire 
alarm, fire sprinkling, fire suppression, fire extinguishing, security, gas detection, 
intrusion detection, access control, video surveillance and recording, mass notification, 
public address, emergency lighting, patient wandering, infant tagging and nurse call. 
3. In-state contractor. "In-state contractor" means an individual residing in this 
State or a business based in this State. "In-state contractor" includes: 
A. If an individual, an individual who has a physical address in this State at which 
the individual has established residency and has filed a Maine tax return for at least 
the 2 years immediately prior to bidding on a state contract; or 
SENATE AMENDMENT 
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SENATE AMENDMENT" /?J" to S.P. 311, L.D. 956 
B. If a business, a business that has a physical address in this State at which it 
conducts business, including interviewing applicants for employment by the business 
and hiring and employing staff, and: 
(1) Has filed a Maine tax return or paid Maine employment taxes for at least the 
years immediately prior to bidding on a state contract; or 
(2) If 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. 
4. Manufactured good. "Manufactured good" means: 
A. An article, material or supply, including any preassembled items, brought to a 
construction site for incorporation into a public building or public work; and 
B. Articles, materials or supplies acquired for public use. 
5. Manufactured in the United States. "Manufactured in the United States" means: 
A. In the case of an iron or steel product, all manufacturing takes place in the United 
States, except metallurgical processes involving the refinement of steel additives; and 
B. In the case of a manufactured good other than an iron or steel product: 
(1) All of the manufacturing processes for the manufactured good take place in 
the United States; and 
(2) The origin of the manufactured good's components or subcomponents meets 
a minimum level of domestic content, as defined in rules established by the 
depaiiment pursuant to section 1780. 
6. Public agency. "Public agency" means the State and its departments, agencies, 
boards, commissions and institutions but does not mean a county, municipality or school 
administrative unit. 
7. Public building or public work. "Public building or public work" means any 
structure, building, highway, waterway, street, bridge, transit system, airport or other 
betterment, work or improvement whether of a permanent or temporary nature and 
whether for governmental or proprietary use. "Public building or public work" includes, 
but is not limited to, any railway; street railway; subway; elevated and monorail 
passenger rolling stock; passenger and rail rolling stock; self-propelled car; gallery car; 
locomotive; passenger bus; wires, poles and equipment for electrification of a transit 
system; rails; tracks; roadbed; guideway; elevated structure; school; hospital; station; 
terminal; dock; and shelter; and repairs to any such public building or public work. 
8. United States. "United States" means the United States of America and any 
territory or insular possession subject to the jurisdiction of the United States; and be it 
further 
Sec. 3. Use of American-made materials. Resolved: That, notwithstanding 
any other provision of law to the contrary, a contract for the construction, reconstruction, 
alteration, repair, improvement or maintenance of a public building or public work made 
by a public agency may contain a provision that the manufactured goods, including iron 
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SENATEAMENDMENT"l3 "to S.P. 311, L.D. 956 
and steel, used or supplied in the performance of the contract or any subcontract to the 
contract must be manufactured in the United States. 
1. Intentional violations. The department shall, after a hearing, debar a person, 
business or other entity from participation in contracts or subcontracts with the State for 2 
years if the department has reason to believe that person, business or other entity has 
intentionally: 
A. Affixed a label bearing a "Made in America" inscription, or any inscription with 
the same meaning, to any manufactured good, including iron and steel, used in a 
project to which this section applies when that manufactured good was not 
manufactured in the United States; 
B. Represented that any manufactured good, including iron and steel, used in a 
project to which this section applies was manufactured in the United States when that 
manufactured good was not manufactured in the United States; or 
C. Violated any provision of this resolve. 
2. International trade obligations. This section must be applied in a manner 
consistent with the State's obligations under any applicable international agreements 
pertaining to government procurement. 
3. Exception for emergency life safety and property safety goods. The provisions 
of this resolve do not apply to emergency life safety and property safety goods; and be it 
further 
Sec. 4. Preference for in-state contractors. Resolved: That, in addition to 
the requirements of the Maine Revised Statutes, Title 26, chapter 15 and notwithstanding 
any other provision of law to the contrary, the department, in awarding a bid for the 
construction, reconstruction, alteration, repair, improvement or maintenance of a public 
building or public work or for services provided to or on behalf of the State, may award 
the bid to an in-state contractor if that in-state contractor's bid is substantially similar to 
other submitted bids. If an in-state contractor submits a bid that is substantially higher 
than other submitted bids, the department may give that in-state contractor the 
opportunity to match the lowest bid submitted. If more than one in-state contractor 
submits a bid that is substantially similar to other submitted bids, each must be given the 
opportunity to revise and resubmit that contractor's bid. 
1. Exception. If the department determines, by a preponderance of evidence, that a 
bid submitted by an in-state contractor is frivolous or that the in-state contractor is 
incapable of satisfactorily completing the contract, the department may refuse to award 
the bid to that in-state contractor; and be it further 
Sec. 5. Rules. Resolved: That the department shall adopt routine technical rules 
as described in the Maine Revised Statutes, Title 5, chapter 375, subchapter 2-A to 
implement this resolve; and be it further 
Sec. 6. 
Effective date; repeal. Resolved: 
That this resolve takes effect 
November l, 2017 and is repealed November 1, 2019.' 
SENATE AMENDMENT 
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SENATE AMENDMENT "8 "to S.P. 311, L.D. 956 
SUMMARY 
This amendment replaces the bill and instead establishes the Maine Buy America and 
Build Maine Pilot Project. Under the pilot project, public agencies are authorized, but not 
required, to issue contracts that contain a provision that requires any manufactured goods, 
including iron and steel, used or supplied in the performance of the contract or any 
subcontract to the contract to be manufactured in the United States when that contract is 
for the construction, reconstruction, alteration, repair, improvement or maintenance of a 
public building or public work made by a state agency, board, commission or institution. 
The pilot project also authorizes a state agency, in the award of a bid for the 
construction, reconstruction, alteration, repair, improvement or maintenance of a public 
building or public work or for services to be provided to or on behalf of the State, if 2 or 
more bids are submitted that are substantially similar, to give preference to the bid 
submitted by an in-state contractor. If the bid submitted by an in-state contractor is 
higher than the lowest bid submitted by a contractor that is not an in-state contractor, the 
state agency is authorized to give the in-state contractor the opportunity to match the 
lowest bid submitted. 
The pilot project is repealed after 2 years. 
FISCAL NOTE REQUIRED 
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SENATE AMENDMENT 
Fiscal Detail and Notes 
Approved: 06/21/17 feac 
LD956 
LR 457(06) 
An Act To Establish the Maine Buy America and Build Maine Act 
Fiscal Note for Senate Amendment 'i3' to Original Bill 
Sponsor: Sen. Cushing of Penobscot 
Fiscal Note Required: Yes 
Fiscal Note 
Potential current biennium savings - General Fund 
Potential current biennium savings - Highway Fund 
Potential current biennium savings - Other Special Revenue Funds 
Potential current biennium savings - Federal Expenditures Fund 
The provision in this amendment that makes permissive, but does not require, public agencies to issue contracts that 
contain a provision that requires any manufactured goods be manufactured in the United States will eliminate the 
potential current biennium cost increase to the State's higher educational institutions, the Department of 
Transportation and other state agencies. The administrative costs to the Department of Administration and Financial 
Services are significantly reduced or eliminated as well. 
As amended, participation in the intent of this bill will be at the choice of the various entities and the fiscal note 
assumes any participation will occur only when the costs can be absorbed within existing budgeted resources. The 
fiscal impact of the bill is reversed. 
LR0457(06) - Fiscal Note - Page 1 of 1