NY State Fin L § 139-I (2021)
2021 New York Laws STF - State Finance Article 9 - Contracts 139-I - Obligations With Respect to Procurement Contracts With New York State and Foreign Business Enterprises.

§  139-i.  Obligations  with respect to procurement contracts with New York state and foreign business enterprises. 1. As used in this section, the  following  terms  shall  have  the  following  meanings,  unless  a different meaning appears from the context:  (a)  "Foreign  business  enterprise" shall mean a business enterprise, including a  sole  proprietorship,  partnership  or  corporation,  which offers  for  sale,  lease or other form of exchange, goods sought by the state agency or department and which are substantially produced  outside New York state, or services sought by the state agency or department and which are substantially performed outside New York state.  (b)  "New  York  state  business  enterprise"  shall  mean  a business enterprise,   including   a   sole   proprietorship,   partnership,   or corporation,  which  offers for sale or lease or other form of exchange, goods which are sought by the state agency or department and  which  are substantially  manufactured, produced or assembled in New York state, or services which are sought by the state agency or  department  and  which are substantially performed within New York state.  (c)  "New  York  resident" shall mean a natural person who maintains a fixed, permanent and principal home located within New York state and to which such person,  whenever  temporarily  located,  always  intends  to return.  (d)  "Procurement  contract"  shall  have the same meaning as that set forth in subdivision  two  of  section  one  hundred  forty-one  of  the economic development law.   2.  In  every state agency and department, the chief executive officer shall:  (a) notify the commissioner of economic development of the award of  a procurement  contract  for  the  purchase  of  goods  or services from a foreign business enterprise in an amount equal to or  greater  than  one million  dollars  simultaneously  with  notifying  the successful bidder therefor. No state agency or department shall thereafter  enter  into  a procurement  contract  for said goods or services until at least fifteen days has  elapsed,  except  for  procurement  contracts  awarded  on  an emergency  or  critical  basis,  or  where  the commissioner of economic development waives the provisions of this sentence. The notification  to the commissioner of economic development shall include the name, address and telephone and facsimile number of the foreign business enterprise, a brief  description  of  the goods or services to be obtained pursuant to the  proposed  procurement  contract,  the  amount   of   the   proposed procurement contract, the term of the proposed procurement contract, and the  name of the individual at the foreign business enterprise or acting on behalf of the same who is principally responsible  for  the  proposed procurement   contract.   Such   notification   shall  be  used  by  the commissioner of economic development solely to provide  notification  to New  York  state business enterprises of opportunities to participate as subcontractors and suppliers on such procurement contracts,  to  promote and encourage the location and development of new business in the state, to  assist  New  York  state  business  enterprises  in obtaining offset credits from foreign countries, and to otherwise investigate, study  and undertake  means of promoting and encouraging the prosperous development and protection of the legitimate interest and welfare of New York  state business enterprises, industry and commerce.  (b)  include  in  all  bid  documents  provided to potential bidders a statement that information concerning the availability of New York state subcontractors and suppliers  is  available  from  the  New  York  state department of economic development, which shall include the directory of certified  minority  and women-owned businesses, and it is the policy of New York state to encourage the use of New York state subcontractors and  suppliers, and to promote the participation of minority and  women-owned businesses, where possible, in the procurement of goods and services.  (c)  provide  annually, on or before the first business day of June of each  year,  to  the  department  of  economic  development  information pertaining  to  procurement contracts entered into in an amount equal to or  greater  than  one  hundred  thousand  dollars  by  such  agency  or department  during the previous year. Such information shall include the subject  matter  and  value  of  such  contracts,  designation  of  each contractor as a New York state business enterprise or a foreign business enterprise,  the process used to select such contractors, as well as the status of such contracts; and  (d) adopt policies to promote the  participation  by  New  York  state business  enterprises  and  New  York  state  residents  in  procurement contracts,  with  the  cooperation  of  the   department   of   economic development  and  the  community  services division of the department of labor including, but  not  limited  to,  providing  through  cooperative efforts with contractors for the notification of New York state business enterprises  of  opportunities  to  participate  as  subcontractors  and suppliers on procurement contracts in an amount estimated to be equal to or greater than one million dollars and for the notification of New York state residents of employment opportunities arising in  New  York  state out  of  procurement  contracts in an amount estimated to be equal to or greater than one million dollars; and promulgating procedures which will assure compliance by contractors with such notification.   Once  awarded the contract, such contractors shall document their efforts to encourage the  participation  of  New York state business enterprises as suppliers and subcontractors on procurement contracts equal to or greater than one million dollars. Documented efforts by  a  successful  contractor  shall consist  of  and  be  limited  to  showing  that such contractor has (a) solicited bids, in a timely and adequate manner,  from  New  York  state business   enterprises  including  certified  minority  and  women-owned business, or (b) contacted the New York  state  department  of  economic development  to  obtain listings of New York state business enterprises, or (c) placed notices for subcontractors and  suppliers  in  newspapers, journals  and other trade publications distributed in New York state, or (d) participated in  bidder  outreach  conferences.  If  the  contractor determines that New York state business enterprises are not available to participate   on  the  contract  as  subcontractors  or  suppliers,  the contractor shall provide a statement indicating the method by which such determination was made.  If  the  contractor  does  not  intend  to  use subcontractors on the contract, the contractor shall provide a statement verifying such intent.  Such contractors shall also provide notification to  New York state residents of employment opportunities through listing any such positions with the community services  division,  or  providing for  such  notification  in  such  manner as is consistent with existing collective  bargaining  contracts  or  agreements.  On  or  before   the effective  date  of  this section, each state agency or department shall submit such policies to the division of the budget and copies thereof to the  department  of  audit  and  control,  the  department  of  economic development,  the  senate  finance  committee  and the assembly ways and means committee.  (e) include in each set of documents soliciting  bids  on  procurement contracts to let by the state agency or department a statement notifying potential  bidders located in foreign countries that the state agency or department may assign or otherwise transfer offset  credits  created  by such  procurement  contract  to third parties located in New York state; provide for the assignment or other form of transfer of  offset  credits created  by such procurement contracts, directly or indirectly, to third  parties located in New  York  state,  in  accordance  with  the  written directions  of the commissioner of economic development; and provide for the  state  agency  or  department  to  otherwise  cooperate  with   the department  of  economic development in efforts to get foreign countries to recognize offset credits assigned or  transferred  to  third  parties located in New York state created by such procurement contracts.  (f)  promulgate  procedures  which  will  assure  compliance  with the federal equal  employment  opportunity  act  of  1972  (P.L.92-261),  as amended, by contractors of the state agency or department.