Public buyers could favor qualifying cement in contracts

State agencies, local governments, public authorities, and the transportation commissioner may choose a qualifying cement bid within 10 percent of the lowest price or best-value offer. It applies when state agencies, local governments, public authorities, or the transportation commissioner seek contracts to buy cement. The buyer may choose the bid instead of the lowest responsible and reliable bid. The cement must have less than five percent of its component cost from imported ingredients, use ingredients sourced from the United States, Canada, or Mexico, and meet applicable testing, performance, labor, and environmental standards. The preference must be applied consistently with applicable international agreements on government purchasing. The bill would take effect immediately if enacted.

A person found to have intentionally misrepresented cement as U.S.-made would be ineligible for state contracts and subcontracts under state suspension or debarment rules. It applies to a person who labels cement as U.S.-made, or claims cement bought under a covered contract was U.S.-made, when it was not. A court or federal or state agency must determine that the person acted intentionally. The rule covers false labels on cement used in projects covered by the relevant section, and false claims about cement bought under a covered contract. The cement must not have been produced in the United States. The bill would take effect immediately if enacted.