N.Y. Public Authorities Law § 2878-c: Certain contracts involving personal protective equipment and medical supplies

§ 2878-c. Certain contracts involving personal protective equipment

and medical supplies. 1. Notwithstanding any other provisions of law,

all contracts over fifty thousand dollars in value made and awarded by

any state authority for the purchase of personal protective equipment or

medical supplies shall require that the personal protective equipment or

medical supply items be produced or made in whole or substantial part in

the United States.

2. For purposes of this section:

(a) "personal protective equipment" means all equipment worn to

minimize exposure to medical hazards, including gloves, masks, face

shields, eye protection, respirators, medical hair and shoe coverings,

and disposable gowns and aprons.

(b) "medical supplies" means materials necessary to respond to health

emergencies or pandemics, including and without limitation ventilators,

medical test kits, and vaccines.

(c) "United States" means the United States, its territories, or

possessions.

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

state authority purchasing the personal protective equipment or medical

supplies, in his or her sole discretion, determines that such provisions

would not be in the public interest; that obtaining such personal

protective equipment or medical supplies in the United States would

increase the cost of the contract by an unreasonable amount; that such

personal protective equipment or medical supplies cannot be produced or

made in the United States in sufficient and reasonably available

quantities and of satisfactory quality or design to meet the state

authority's requirements; or that purchasing personal protective

equipment or medical supplies manufactured outside of the United States

is necessary to avoid a delay in the delivery of critical services that

could compromise the public welfare.

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. Subject to the provisions of this section, the department of

economic development, in consultation with the office of general

services and the division of the budget, shall be authorized to

establish rules and regulations for the effective administration of this

section.