2760

LAWS OF MARYLAND

Ch. 947

PRODUCTS OF FOREIGN ORIGIN (INCLUDING ANY APPLICABLE DUTY);
PLUS

(2) A DIFFERENTIAL OF 20 PERCENT OF THE BID OR
OFFERED PRICE OF THE STEEL PRODUCTS OF FOREIGN ORIGIN.
HOWEVER, IF THE STEEL PRODUCTS ARE PRODUCED IN A
"SUBSTANTIAL LABOR SURPLUS AREA" AS DEFINED BY THE UNITED
STATES DEPARTMENT OF LABOR, THE DIFFERENTIAL APPLIED UNDER
THIS PARAGRAPH SHALL BE 30 PERCENT.

70.

A PUBLIC AGENCY MAY NOT AUTHORIZE OR MAKE ANY PAYMENTS
TO A PERSON UNDER A CONTRACT CONTAINING A PROVISION REQUIRED
BY § 69 OF THIS SUBTITLE UNLESS THE PUBLIC AGENCY IS
SATISFIED THAT THE PERSON HAS FULLY COMPLIED WITH THE
PROVISION. PAYMENTS MADE TO A PERSON BY A PUBLIC AGENCY
WHICH SHOULD NOT HAVE BEEN MADE AS A RESULT OF THIS SECTION
SHALL BE RECOVERABLE TO THE FULL EXTENT OF THE CONTRACT BY

THE ATTORNEY GENERAL DIRECTLY FROM THE CONTRACTOR OR

SUBCONTRACTOR PERSON WHO DID NOT COMPLY WITH § 69 UPON A
SUIT FILED IN THE CIRCUIT COURT OF THE COUNTY OR BALTIMORE
CITY COURT WITH LAW AND EQUITY JURISDICTION IN WHICH THE
CONTRACT WAS EXECUTED OR PERFORMED.

71.

THE PROVISIONS OF THIS SUBTITLE DO NOT APPLY WHERE THEY
ARE IN CONFLICT WITH ANY FEDERAL GRANT OR REGULATION
AFFECTING THE CONTRACT OR THE HEAD OF THE PUBLIC AGENCY
DETERMINES, IN WRITING, THAT:

(1)    THE COST IS DETERMINED TO BE UNREASONABLE
(AS PROVIDED IN § 69);

(2)    STEEL PRODUCTS ARE NOT PRODUCED IN THE
UNITED STATES IN SUFFICIENT QUANTITIES TO MEET THE
REQUIREMENTS OF THE CONTRACT; OR

(3)    PURCHASE OF STEEL PRODUCTS, AS DEFINED,
WOULD BE INCONSISTENT WITH THE PUBLIC INTEREST.

72.

THIS ACT MAY BE CITED AS THE "BUY AMERICAN STEEL" ACT.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act is
designed to promote the general welfare of the people of
this State and is supplemental to all laws concerning public
works and shall be literally construed to fully effectuate
its purposes. The principles of law and equity, including
the Uniform Commercial Code, the law merchant, and the law
relative to capacity to contract, principal and agent,
fraud, misrepresentation, duress, coercion, mistake, or
bankruptcy shall supplement its provisions.