§ 2603-a. Letting of certain contracts involving steel products. 1.\nNotwithstanding any other provision of law, all public authorities shall\naward contracts involving steel products as follows:\n a. All purchase contracts for supplies, material or equipment\ninvolving an estimated expenditure in excess of fifty thousand dollars\nshall require with respect to materials, supplies and equipment made of,\nfabricated from, or containing steel components, that such steel\ncomponents be produced or made in whole or substantial part in the\nUnited States, its territories or possessions. The provisions of this\nparagraph shall not apply to motor vehicles and automobile equipment\nassembled in Canada in conformity with the United States-Canadian trade\nagreements known as the "Automotive Produc
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§ 2603-a. Letting of certain contracts involving steel products. 1.\nNotwithstanding any other provision of law, all public authorities shall\naward contracts involving steel products as follows:\n a. All purchase contracts for supplies, material or equipment\ninvolving an estimated expenditure in excess of fifty thousand dollars\nshall require with respect to materials, supplies and equipment made of,\nfabricated from, or containing steel components, that such steel\ncomponents be produced or made in whole or substantial part in the\nUnited States, its territories or possessions. The provisions of this\nparagraph shall not apply to motor vehicles and automobile equipment\nassembled in Canada in conformity with the United States-Canadian trade\nagreements known as the "Automotive Products Trade Act of 1965" or any\namendments thereto.\n b. All contracts in excess of one hundred thousand dollars for the\nconstruction, reconstruction, alteration, repair, maintenance or\nimprovement of public works shall require that all structural steel,\nreinforcing steel or other major steel items to be incorporated in the\nwork of the contract shall be produced or made in whole or substantial\npart in the United States, its territories or possessions.\n 2. Notwithstanding the provisions of subdivision one of this section,\nall contracts over one million dollars in value made and awarded by the\ndormitory authority, the metropolitan transportation authority, the\nbridge authority or the thruway authority, on its account or for the\nbenefit of a state agency or authority, for the construction,\nreconstruction, alteration, repair, maintenance or improvement of any\nroad or bridge, shall contain a provision that the structural iron and\nstructural steel used or supplied in the performance of the contract or\nany subcontract thereto and permanently incorporated into the surface\nroad or bridge shall be produced or made in whole or substantial part in\nthe United States, its territories or possessions. In the case of a\nstructural iron or structural steel product all manufacturing must take\nplace in the United States, from the initial melting stage through the\napplication of coatings, except metallurgical processes involving the\nrefinement of steel additives. For purposes of this section,\n"permanently incorporated" shall mean an iron or steel product that is\nrequired to remain in place at the end of the project contract, in a\nfixed location, affixed to the public work to which it was incorporated.\nIron and steel products that are capable of being moved from one\nlocation to another are not permanently incorporated into a public\nbuilding or public work.\n 3. The provisions of this section shall not apply if the governing\nboard or body of such public authority, in its discretion, determines\nthat such provisions would result in unreasonable costs or that such\niron, steel products or steel components including without limitation\nstructural iron and steel; cannot be produced or made in the United\nStates in sufficient and reasonably available quantities or of\nsatisfactory quality or design, or would result in the loss or reduction\nof federal funding for the subject contract or the ability to obtain\nsuch federal funding would be limited or jeopardized by compliance with\nthis section; or there is an immediate or emergency need existing for\nsuch structural iron, structural steel products or structural steel\ncomponents; or such steel or iron is not manufactured in the United\nStates in sufficient and reasonably available quantities or of\nsatisfactory quality or design to meet the authority's requirements; or\nobtaining for such iron, steel products or steel components in the\nUnited States would increase the cost of the contract by an unreasonable\namount; or for such iron, steel products or steel components is\nnecessary for the operation of or repairs of critical infrastructure\nthat is necessary to avoid a delay in the delivery of critical services\nthat could compromise the public welfare; or a reciprocal trade\nagreement or treaty has been negotiated by the state or by the United\nStates government on behalf of or including this state with a foreign\nnation or government for nondiscriminatory governmental procurement\npractices or policies with such foreign nation or government.\n 4. Nothing in this section is intended to contravene any existing\ntreaties, laws, trade agreements, or regulations of the United States or\nsubsequent trade agreements entered into between any foreign countries\nand the state or the United States.\n 5. Any authority subject to the provisions of this section shall be\nauthorized to establish rules and regulations for the effective\nadministration of this section, provided however, nothing in this\nsection shall be interpreted to require a contractor to certify that the\niron or steel used in a road or bridge pursuant to this section is made\nin whole or in substantial part in the United States.\n