N.Y. Public Authorities Law § 2603-a: Letting of certain contracts involving steel products

§ 2603-a. Letting of certain contracts involving steel products. 1.

Notwithstanding any other provision of law, all public authorities shall

award contracts involving steel products as follows:

a. All purchase contracts for supplies, material or equipment

involving an estimated expenditure in excess of fifty thousand dollars

shall require with respect to materials, supplies and equipment made of,

fabricated from, or containing steel components, that such steel

components be produced or made in whole or substantial part in the

United States, its territories or possessions. The provisions of this

paragraph shall not apply to motor vehicles and automobile equipment

assembled in Canada in conformity with the United States-Canadian trade

agreements known as the "Automotive Products Trade Act of 1965" or any

amendments thereto.

b. All contracts in excess of one hundred thousand dollars for the

construction, reconstruction, alteration, repair, maintenance or

improvement of public works shall require that all structural steel,

reinforcing steel 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 made and awarded by the

dormitory authority, the metropolitan transportation authority, the

bridge authority or the thruway authority, on its account or for the

benefit of a state agency or authority, for the construction,

reconstruction, alteration, repair, maintenance or improvement of any

road or bridge, 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 the 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 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

building or public work.

3. The provisions of this section shall not apply if the governing

board or body of such public authority, in its discretion, determines

that such provisions would result in unreasonable costs or that such

iron, steel products or steel components including without limitation

structural iron and steel; cannot be produced or made in the United

States in sufficient and reasonably available quantities or of

satisfactory quality or design, 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

such structural iron, structural steel products or structural steel

components; or such steel or iron is not manufactured in the United

States in sufficient and reasonably available quantities or of

satisfactory quality or design to meet the authority's requirements; or

obtaining for such iron, steel products or steel components in the

United States would increase the cost of the contract by an unreasonable

amount; or for such iron, steel products or steel components 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 authority 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

iron or steel used in a road or bridge pursuant to this section is made

in whole or in substantial part in the United States.