New York Laws
Title 4 - Contracts of Public Authorities
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.