(a) The purpose of this section is to require the procurement of domestic source end products for public use except as otherwise provided in this section. This section shall not be construed so as to impair the ability of the City to reject all bids, offers and proposals, award partial bids, offers and proposals, and rebid, re-request and resolicit if it is deemed in the best interest of the City to do so.
(b) Unless the Board of Control when public bidding, public solicitation for offers or public request for proposals is required shall determine it to be inconsistent with the public interest, or the price to be excessive, only such unmanufactured end products as have been mined or produced in the United States, and only such manufactured end products as have been manufactured in the United States substantially all from components mined, produced or manufactured, as the case may be, in the United States shall be acquired for public use by the City. The requirements of this section shall not apply if the end products of the class or kind to be used or the components from which they are manufactured are not mined, produced or manufactured, as the case may be, in the United States in sufficient and reasonably available commercial quantities or of a satisfactory quality or where there is not sufficient competition in the United States.
(c) Bids or offered prices shall first be evaluated to determine that a bid or offered price is for a domestic source end product. Any bid, proposal or offer that does not meet this requirement shall be rejected, except in those circumstances where the Board determines that certain end products, or any component thereof, are not mined, produced or manufactured in the United States in sufficient and reasonably available commercial quantities or of a satisfactory quality or where there is not sufficient competition in the United States. Where the preliminary analysis by the Board identifies the apparent lowest and best bid, proposal or offer as one other than a domestic source end product bid, proposal or offer, the Board shall consider:
(1) Whether the end product can be acquired in the United States in sufficient and reasonably available quantities and of a satisfactory quality;
(2) Whether the lowest and best domestic bid, proposal or offer offers an excessive price;
(3) Whether a domestic bid, proposal or offer has been submitted to the City;
(4) Whether the lowest and best domestic bid, proposal or offer offers an end product of an unsatisfactory quality; and
(5) Whether there is sufficient competition within the United States.
Where the Board determines that selection of the lowest and best domestic source end product bid, proposal or offer will not result in an excessive price to the City or the acquisition of an end product of an unsatisfactory quality, and that the exceptions to the requirements of this section as hereinbefore set forth do not apply, the contract shall be awarded to the lowest and best bidder or offeror of a domestic source end product. Where the Board determines that selection of the lowest and best domestic source end product bid, proposal or offer will result in an excessive price to the City or the acquisition of an end product of an unsatisfactory quality or that one or more of the exceptions to the requirements of this section as hereinbefore set forth do apply, the Board shall award the contract to the lowest and best bidder or offeror without regard to the provisions of this section.
(d) All invitations to bid, requests for proposals and solicitations for offers shall require the bidder or offeror to complete and attest to the following:
"The bidder (or offeror) hereby certifies that each end product, except the end products listed below, is a domestic source end product and that components of an unknown origin have been considered to have been mined, produced or manufactured outside the United States."
(e) In any case in which it is determined that the acquisition of domestic source end products would be inconsistent with the public interest, or the price to be excessive, the Board shall submit a written report of the facts of each case in which such determination is made within ten days thereafter to Council.
(f) If the Board which has authorized any contract containing the requirements of this section finds that in the performance of such contract there has been a failure to comply with such requirements, the Board shall make public its findings, including therein the name of the obliger under such contract, and no other contract for the acquisition of end products shall be awarded to such obliger or to any person with which the obliger is associated or affiliated within a period of three years after such finding is made public.
(g) As used in this section:
(1) "Components" means those articles, materials and supplies which are directly incorporated in end products.
(2) "Domestic bid" means a bid or offered price for a domestic source end product, including transportation to destination.
(3) "Domestic source end product" means an unmanufactured end product which has been mined or produced in the United States, or an end product manufactured in the United States if the cost of its components which are mined, produced or manufactured in the United States exceeds fifty percent (50%) of the cost of components. The cost of components shall include the transportation costs to the place of incorporation into the end product and, in the case of components of foreign origin, duty. A component shall be considered to have been mined, produced or manufactured in the United States if the end product in which it is incorporated is manufactured in the United States and the component is of a class or kind:
A. Determined by the Board to be not mined, produced or manufactured in the United States in sufficient and reasonably available commercial quantities or of satisfactory quality; or
B. As to which the Board has determined that it would be inconsistent with the public interest to require.
(4) "End products" means articles, materials, supplies and equipment to be acquired for public use, as specified in the contract, including articles, materials, supplies and equipment to be acquired for public use in connection with service contracts, whether of a manufactured or of an unmanufactured nature, and whether to be acquired by purchase, lease or lease with an option or agreement to purchase. In determining whether an end product is a "domestic source end product" only the end product and its components, if any, shall be considered.
(5) "Excessive price" means a price that exceeds by more than five percent (5%) of the sum or offered price, including duty, of end products of foreign origin. When more than one line item is offered in response to an invitation to bid, request for proposals or solicitation for offers, the factor of five percent (5%) may be applied to any item or group of items as to which the invitation to bid, request for proposals or solicitation for offers specifically provides that award is to be made on a particular item or group of items.
(6) "Foreign bid" means a bid or offered price for a foreign end product, including transportation to destination and duty.
(7) "Foreign end product" means an end product other than a domestic source end product.
(8) "Inconsistent with the public interest" means the end product offered is of an unsatisfactory quality, or can not be acquired in sufficient and reasonably available quantities or there is not sufficient competition within the United States.
(9) "Scrap" generated in, collected in and prepared for processing in the United States shall be considered as a domestic source end product/component.
(10) “Sufficient competition" means two or more qualified bids or offered prices from bidders or offerors not owned or controlled, directly or indirectly, by the same interests, that offer domestic source end products.
(11) "United States" means any state, district, commonwealth, territory, insular possession thereof, and any area subject to the legislative authority of the United States of America.
(Ord. 86-21. Passed 5-4-87.)