54-5-135. “Buy America” Act —
(a) No agency or entity of state, county, or municipal government in the state shall purchase any materials used for highway or roadway construction, resurfacing, or maintenance from any foreign government or any company wholly owned and controlled by a foreign government regardless of the location of the company, or from any agency of the foreign government or company.
(b) As used in this section, “materials” includes but is not limited to, asphalt cement, asphalt emulsion, rock, aggregate, liquid and solid additives, sealers and oils.
(c) This section shall not apply:
(1) If the materials are not produced by American companies in sufficient and reasonably available quantities, and are of satisfactory quality; or
(2) If the American materials increase the overall project cost for which these materials are purchased by five percent (5%) more than the overall project cost using materials produced by a foreign government owned company.