NY State Fin L § 146 (2021)
2021 New York Laws STF - State Finance Article 9 - Contracts 146 - Certain Construction Contracts Involving Steel.

§   146.   Certain   construction   contracts   involving   steel.  1.   Notwithstanding any other provisions of  law,  all  contracts  over  one   hundred  thousand dollars in value made and awarded by any department or   agency of the state for the  construction,  reconstruction,  alteration,   repair,  maintenance  or  improvement  of any public works shall require   that structural steel, reinforcing steel and/or other major steel  items   to be incorporated in the work of the contract shall be produced or made   in  whole  or  substantial part in the United States, its territories or   possessions.2. Notwithstanding the provisions of subdivision one of this  section,   all  contracts over one million dollars in value and made and awarded by   the department of transportation, the office of  general  services,  and   the state university of New York construction fund for the construction,   reconstruction,  alteration,  repair,  maintenance or improvement of any   surface roads or bridges, shall contain a provision that the  structural   iron  and  structural  steel  used or supplied in the performance of the   contract or any subcontract thereto and  permanently  incorporated  into   such  surface  road  or  bridge,  shall  be produced or made in whole or   substantial part in the United States, its territories  or  possessions.   In  the  case  of  a  structural  iron  or  structural steel product all   manufacturing must take place in the United  States,  from  the  initial   melting  stage through the application of coatings, except metallurgical   processes involving the refinement of steel additives. For the  purposes   of  this section, "permanently incorporated" shall mean an iron or steel   product that is required to remain in place at the end  of  the  project   contract,  in  a  fixed location, affixed to the public work to which it   was incorporated. Iron and steel products  that  are  capable  of  being   moved from one location to another are not permanently incorporated into   a public work.3.  The  provisions of this section shall not apply if the head of the   department or agency constructing the public works, in his or  her  sole   discretion,  determines  that such provisions would not be in the public   interest, would result in unreasonable costs or that such iron or steel,   including without  limitation  structural  iron  and  structural  steel,   cannot  be  produced  or  made  in  the  United States in sufficient and   reasonably available quantities and of satisfactory  quality,  or  would   result  in  the  loss  or  reduction  of federal funding for the subject   contract or the ability to obtain such federal funding would be  limited   or jeopardized by compliance with this section; or there is an immediate   or  emergency need existing for the structural steel or structural iron;   or the structural steel or structural iron is not  manufactured  in  the   United  States  in  sufficient and reasonably available quantities or of   satisfactory quality or design to  meet  the  department's  or  agency's   requirements; or obtaining such steel or iron in the United States would   increase  the  cost  of  the contract by an unreasonable amount; or such   steel or iron 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;  or  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 for  nondiscriminatory  governmental   procurement   practices   or   policies  with  such  foreign  nation  or   government.4. Nothing in this section is  intended  to  contravene  any  existing   treaties, laws, trade agreements, or regulations of the United States or   subsequent  trade  agreements entered into between any foreign countries   and the state or the United States. 5. Any agency subject to the  provisions  of  this  section  shall  be   authorized   to  establish  rules  and  regulations  for  the  effective   administration of  this  section,  provided  however,  nothing  in  this   section shall be interpreted to require a contractor to certify that the   structural iron or structural steel used in a road or bridge pursuant to   this  section  is  made  in  whole  or in substantial part in the United   States.