Frankfort, Kentucky – Last week, Representative Patrick Flannery of Olive Hill filed HB 345, the Kentucky Buy American Act. The measure would require that state and local contracts contain a provision that any iron, steel, aluminum, or manufactured goods used in state and local projects be manufactured in the United States, unless a waiver is granted.
“Requiring iron, steel, aluminum, or manufactured goods used in state and local projects to be manufactured in the U.S., unless a waiver is granted, will help strengthen the economy and support American workers and businesses,” said Flannery. “Ultimately, I filed HB 345 to empower American workers and manufacturers.”
The bill is not a mandate to purchase goods made in the U.S., but rather requires that the purchasing process include consideration of such goods. In determining whether to issue a waiver, this measure would require the purchasing agent to consider whether applying this provision would be inconsistent with public interest, whether the iron, steel, aluminum, or manufactured goods necessary for the contract are not manufactured in the United States in sufficient and reasonably available quantities or of a satisfactory quality, or if adhering to the provision would increase the overall cost of the contract by more than 10%. A request for a waiver must be filed with the purchasing agent at least 30 days before the bid or proposal opening, with notice and an opportunity for public comment provided at least 20 days prior, and a decision rendered no later than seven days before the opening.
Additionally, a person would be prohibited from receiving any contract or subcontract with a governmental body if they have been found by a court or federal or state agency to have intentionally affixed a “Made in America” inscription, or one with the same meaning, to any iron, steel, aluminum, or manufactured goods used in state or local government projects that were not manufactured in the U.S., or falsely represented that the materials were manufactured in the U.S.
“It is time to make steel, iron, and aluminum not only in Kentucky, but in northeastern Kentucky,” Flannery added. “America First means making and buying American-made building materials. This bill is good for America, future economic development, and the American worker.”
To keep track of HB 345 during the 2025 Regular Session, please click here or visit legislature.ky.gov.
