WILLIAM DONALD SCHAEFER, Governor Ch. 69
ACCEPTABLE PRODUCTS WHICH CONTAIN RECYCLED MATERIALS.

(2) THE LIST SHALL BE PUBLISHED FOR USE BY STATE
AGENCIES AT LEAST TWICE EACH YEAR.

(D) (E) BY JANUARY 1, 1991, EACH STATE UNIT SHALL REVIEW THE
PROCUREMENT SPECIFICATIONS CURRENTLY USED BY THE UNIT AND,
TO THE EXTENT PRACTICABLE, REQUIRE THE USE OF A PERCENTAGE
PRICE PREFERENCE IN THEIR PURCHASE OF SUPPLIES AND
COMMODITIES CONTAINING RECYCLED MATERIALS.

(E) THIS SECTION APPLIES IF:

(1) THE——PROCUREMENT——OFFICER——DETERMINES——THAT
COMPLIANCE WITH THIS SECTION WILL NOT CAUSE DENIAL OF FEDERAL
MONEYS OR WOULD NOT BE INCONSISTENT WITH THE REQUIREMENTS
OF FEDERAL LAW, BUT ONLY TO THE EXTENT NECESSARY TO PREVENT
DENIAL OF FEDERAL MONEYS OR TO ELIMINATE INCONSISTENCY WITH
FEDERAL LAW; AND

(5) THE QUALITY OF THE PRODUCT IS CONSISTENT WITH THE
REQUIREMENTS OF THE BID SPECIFICATIONS.

(F) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS
SUBSECTION, THIS SECTION IS BROADLY APPLICABLE TO ALL
PROCUREMENTS BY THE STATE IF THE QUALITY OF THE PRODUCT IS
CONSISTENT WITH THE REQUIREMENTS OF THE BID SPECIFICATIONS.

(2) ONLY TO THE EXTENT NECESSARY TO PREVENT THE
DENIAL OF FEDERAL MONEYS OR ELIMINATE THE INCONSISTENCY WITH
FEDERAL LAW, THIS SECTION DOES NOT APPLY TO A PROCUREMENT BY
THE STATE IF THE PROCUREMENT OFFICER DETERMINES THAT
COMPLIANCE WITH THIS SECTION WOULD:

(I) CAUSE DENIAL OF FEDERAL MONEYS; OR

(II) WOULD BE INCONSISTENT WITH THE REQUIREMENTS
OF FEDERAL LAW.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take
effect July 1, 1990.

Approved April 24, 1990.

CHAPTER 69
(House Bill 506)

AN ACT concerning

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