Preference for recycled materials
(1) Notwithstanding provisions of law requiring a contracting agency to award a contract to the lowest responsible bidder or best proposer or provider of a quotation and subject to subsection (2) of this section, a contracting agency charged with the procurement of goods for any public use shall give preference to the procurement of goods manufactured from recycled materials.
(2) A contracting agency shall give preference to goods that are certified to be made from recycled materials if:
(a) The recycled product is available;
(b) The recycled product meets applicable standards;
(c) The recycled product can be substituted for a comparable nonrecycled product; and
(d) The recycled product’s costs do not exceed the costs of nonrecycled products by more than five percent, or a higher percentage if a written determination is made by the contracting agency. [2003 c.794 §17]
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