2023 New York Laws › GMU - General Municipal › Article 5-A - Public Contracts › 103-G - Iranian Energy Sector Divestment.

§ 103-g. Iranian energy sector divestment. 1. As used in this section:
a. "Energy sector" shall have the same meaning as defined in paragraph
(a)  of subdivision one of section one hundred sixty-five-a of the state
finance law.
b. "Financial institution" shall have the same meaning as  defined  in
paragraph  (b) of subdivision one of section one hundred sixty-five-a of
the state finance law.
c. "Investment" shall have the same meaning as  defined  in  paragraph
(c)  of subdivision one of section one hundred sixty-five-a of the state
finance law.
d. "Iran" shall have the same meaning as defined in paragraph  (d)  of
subdivision one of section one hundred sixty-five-a of the state finance
law.
e. "Person" shall have the same meaning as defined in paragraph (e) of
subdivision one of section one hundred sixty-five-a of the state finance
law.
2.  For  purposes  of  this  section,  a  person engages in investment
activities in Iran if:
a. The person provides goods or services of twenty million dollars  or
more  in the energy sector of Iran, including a person that provides oil
or liquefied natural gas tankers,  or  products  used  to  construct  or
maintain  pipelines  used to transport oil or liquefied natural gas, for
the energy sector of Iran; or
b. The person is a financial institution that extends  twenty  million
dollars  or  more  in  credit  to another person, for forty-five days or
more, if that person will use the credit to provide goods or services in
the energy sector in Iran.
3. A person that is identified on a list created pursuant to paragraph
(b) of subdivision three of section  one  hundred  sixty-five-a  of  the
state  finance law as a person engaging in investment activities in Iran
as described in subdivision two of this section, shall not be  deemed  a
responsible  bidder  or offerer pursuant to section one hundred three of
this article.
4. Every bid or proposal hereafter made to a political subdivision  of
the  state  or  any  public department, agency or official thereof where
competitive bidding is required by statute, rule,  regulation  or  local
law,  for work or services performed or to be performed or goods sold or
to be sold, shall contain the  following  statement  subscribed  by  the
bidder  and  affirmed  by  such  bidder  as  true under the penalties of
perjury:
a. "By submission of this bid, each bidder and each person signing  on
behalf  of  any  bidder  certifies,  and in the case of a joint bid each
party thereto certifies as to its own  organization,  under  penalty  of
perjury,  that  to the best of its knowledge and belief that each bidder
is not on the list created pursuant to paragraph (b) of subdivision 3 of
section 165-a of the state finance law."
b. Notwithstanding paragraph a of this subdivision, the  statement  of
non-investment   in   the   Iranian   energy  sector  may  be  submitted
electronically in accordance with the provisions of subdivision  one  of
section one hundred three of this article.
c. A bid shall not be considered for award nor shall any award be made
where the condition set forth in paragraph a of this subdivision has not
been  complied  with;  provided, however, that if in any case the bidder
cannot make the foregoing certification, the bidder shall so  state  and
shall furnish with the bid a signed statement which sets forth in detail
the  reasons  therefor.  A  political  subdivision  may award a bid to a
bidder who cannot make the certification pursuant to paragraph a of this
subdivision on a case-by-case basis if:
(1) The investment activities in Iran were made before  the  effective
date  of  this  section, the investment activities in Iran have not been
expanded or renewed after the effective date of this  section,  and  the
person  has  adopted,  publicized,  and is implementing a formal plan to
cease  the investment activities in Iran and to refrain from engaging in
any new investments in Iran; or
(2) The political subdivision makes a determination that the goods  or
services  are  necessary  for  the  political subdivision to perform its
functions and that, absent such an exemption, the political  subdivision
would  be  unable to obtain the goods or services for which the contract
is offered. Such determination shall be made in writing and shall  be  a
public document.