N.Y. State Finance Law Section 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.

Source: Section 148 — Certain contracts involving personal protective equipment and medical supplies, https://www.­nysenate.­gov/legislation/laws/STF/148 (updated Apr. 23, 2021; accessed Apr. 20, 2024).

135
Separate specifications for contract work for the state 135‑A
Definitions 136
Contracts in pursuance of appropriations 136‑A
Contracts for architectural, engineering, geological, landscape architecture and surveying services 136‑B
Selection of underwriters by state agencies 136‑C
Contracts for employee training and organizational development services 136‑D
Contracts involving industrial painting and industrial coatings 136‑D*2
Contracts involving low embodied carbon concrete 137
Bond to secure payment of certain claims arising from a public improvement 138
State contracts not to be assigned without consent 138‑A
Commencement of actions on state public works contracts 139
Retained percentages 139‑A
Ground for cancellation of contract by state 139‑B
Disqualification to contract with state 139‑C
Removal of disqualification of public contractors by petition 139‑D
Statement of non-collusion in bids to the state 139‑E
Security bonds 139‑F
Payment on public work projects 139‑G
Obligations to make contracts available to small and certified women and minority-owned business concerns 139‑H
Participation in an international boycott prohibited 139‑I
Obligations with respect to procurement contracts with New York state and foreign business enterprises 139‑J
Restrictions on contacts during the procurement process 139‑K
Disclosure of contacts and responsibility of offerers 139‑L
Statement on sexual harassment, in bids 140
Disposition of deposit accompanying bid 141
Claims against contractors 142
Workmen’s compensation insurance on public works 143
Deposits on plans and specifications for contracts for public work 144
Opening and reading of bids for contracts for public work 145
Acceptance of final payment under a state contract 146
Certain construction contracts involving steel 147
Mentor-protege program 148
Certain contracts involving personal protective equipment and medical supplies
Green check means up to date. Up to date

Accessed:
Apr. 20, 2024

Last modified:
Apr. 23, 2021

§ 148’s source at nysenate​.gov

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