§ 2878-c. Certain contracts involving personal protective equipment
and medical supplies. 1. Notwithstanding any other provisions of law,
all contracts over fifty thousand dollars in value made and awarded by
any state authority for the purchase of personal protective equipment or
medical supplies shall require that the personal protective equipment or
medical supply items be produced or made in whole or substantial part in
the United States.

2. For purposes of this section:

(a) "personal protective equipment" means all equipment worn to
minimize exposure to medical hazards, including gloves, masks, face
shields, eye protection, respirators, medical hair and shoe coverings,
and disposable gowns and aprons.

(b) "medical supplies" means materials necessary to respond to health
emergencies or pandemics, including and without limitation ventilators,
medical test kits, and vaccines.

(c) "United States" means the United States, its territories, or
possessions.

3. The provisions of this section shall not apply if the head of the
state authority purchasing the personal protective equipment or medical
supplies, in his or her sole discretion, determines that such provisions
would not be in the public interest; that obtaining such personal
protective equipment or medical supplies in the United States would
increase the cost of the contract by an unreasonable amount; that such
personal protective equipment or medical supplies cannot be produced or
made in the United States in sufficient and reasonably available
quantities and of satisfactory quality or design to meet the state
authority's requirements; or that purchasing personal protective
equipment or medical supplies manufactured outside of the United States
is necessary to avoid a delay in the delivery of critical services that
could compromise the public welfare.

4. Nothing in this section is intended to contravene any existing
treaties, laws, trade agreements, or regulations of the United States or
subsequent trade agreements entered into between any foreign countries
and the state or the United States.

5. Subject to the provisions of this section, the department of
economic development, in consultation with the office of general
services and the division of the budget, shall be authorized to
establish rules and regulations for the effective administration of this
section.