52:33-4.4 Inapplicability of act.
4. The provisions of P.L.2021, c.119 (C.52:33-4.1 et seq.) shall not apply to a surface highway or bridge contract if the head of a State contracting agency constructing a surface highway or bridge, in the head of the agency's sole discretion, determines that:
a. complying with the provisions of P.L.2021, c.119 (C.52:33-4.1 et seq.):
(1) would not be in the public interest; or
(2) would result in the loss or reduction of federal funding for the surface highway or bridge contract, or the ability to obtain that federal funding would be limited or jeopardized by the agency's compliance with P.L.2021, c.119 (C.52:33-4.1 et seq.);
b. there is an immediate or emergency need existing for the structural iron or structural steel;
c. the structural iron or structural steel is not manufactured in the United States in sufficient and reasonably available quantities or of satisfactory quality or design to meet the State contracting agency's requirements;
d. obtaining the iron or steel product in the United States would increase the cost of the overall construction project contract by more than 25 percent;
e. the iron or steel is necessary for the operation of or repairs of critical infrastructure that is necessary to avoid a delay in the delivery of critical services that could compromise the public welfare;
f. a reciprocal trade agreement or treaty has been negotiated by the State or by the United States government on behalf of or including this State with a foreign nation or government providing for nondiscriminatory governmental procurement practices or policies with that foreign nation or government; or
g. the design and environmental studies for the surface highway or bridge project have commenced prior to the effective date of P.L.2021, c.119 (C.52:33-4.1 et seq.).
L.2021, c.119, s.4.