New York Laws
Article 9 - Contracts
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.