N.Y. State Finance Law § 148: Certain contracts involving personal protective equipment and medical supplies

§ 148. 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

department or agency of the state 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

department or agency 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

department's or agency'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.