N.Y. State Finance Law § 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.