§ 146 — Certain construction contracts involving steel

§ 146. Certain construction contracts involving steel. 1.\nNotwithstanding any other provisions of law, all contracts over one\nhundred thousand dollars in value made and awarded by any department or\nagency of the state for the construction, reconstruction, alteration,\nrepair, maintenance or improvement of any public works shall require\nthat structural steel, reinforcing steel and/or other major steel items\nto be incorporated in the work of the contract shall be produced or made\nin whole or substantial part in the United States, its territories or\npossessions.\n 2. Notwithstanding the provisions of subdivision one of this section,\nall contracts over one million dollars in value and made and awarded by\nthe department of transportation, the office of general services, and\nthe state university of New York construction fund for the construction,\nreconstruction, alteration, repair, maintenance or improvement of any\nsurface roads or bridges, shall contain a provision that the structural\niron and structural steel used or supplied in the performance of the\ncontract or any subcontract thereto and permanently incorporated into\nsuch surface road or bridge, shall be produced or made in whole or\nsubstantial part in the United States, its territories or possessions.\nIn the case of a structural iron or structural steel product all\nmanufacturing must take place in the United States, from the initial\nmelting stage through the application of coatings, except metallurgical\nprocesses involving the refinement of steel additives. For the purposes\nof this section, "permanently incorporated" shall mean an iron or steel\nproduct that is required to remain in place at the end of the project\ncontract, in a fixed location, affixed to the public work to which it\nwas incorporated. Iron and steel products that are capable of being\nmoved from one location to another are not permanently incorporated into\na public work.\n 3. The provisions of this section shall not apply if the head of the\ndepartment or agency constructing the public works, in his or her sole\ndiscretion, determines that such provisions would not be in the public\ninterest, would result in unreasonable costs or that such iron or steel,\nincluding without limitation structural iron and structural steel,\ncannot be produced or made in the United States in sufficient and\nreasonably available quantities and of satisfactory quality, or would\nresult in the loss or reduction of federal funding for the subject\ncontract or the ability to obtain such federal funding would be limited\nor jeopardized by compliance with this section; or there is an immediate\nor emergency need existing for the structural steel or structural iron;\nor the structural steel or structural iron is not manufactured in the\nUnited States in sufficient and reasonably available quantities or of\nsatisfactory quality or design to meet the department's or agency's\nrequirements; or obtaining such steel or iron in the United States would\nincrease the cost of the contract by an unreasonable amount; or such\nsteel or iron is necessary for the operation of or repairs of critical\ninfrastructure that is necessary to avoid a delay in the delivery of\ncritical services that could compromise the public welfare; or a\nreciprocal trade agreement or treaty has been negotiated by the state or\nby the United States government on behalf of or including this state\nwith a foreign nation or government for nondiscriminatory governmental\nprocurement practices or policies with such foreign nation or\ngovernment.\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 agency 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\nstructural iron or structural steel used in a road or bridge pursuant to\nthis section is made in whole or in substantial part in the United\nStates.\n