Section 139-I. Obligations with respect to procurement contracts with New York state and foreign business enterprises

1. As used in this section,
  the  following  terms  shall  have  the  following  meanings,  unless  a
  different meaning appears from the context:
    (a)  "Foreign  business  enterprise" shall mean a business enterprise,
  including a  sole  proprietorship,  partnership  or  corporation,  which
  offers  for  sale,  lease or other form of exchange, goods sought by the
  state agency or department and which are substantially produced  outside
  New York state, or services sought by the state agency or department and
  which are substantially performed outside New York state.
    (b)  "New  York  state  business  enterprise"  shall  mean  a business
  enterprise,   including   a   sole   proprietorship,   partnership,   or
  corporation,  which  offers for sale or lease or other form of exchange,
  goods which are sought by the state agency or department and  which  are
  substantially  manufactured, produced or assembled in New York state, or
  services which are sought by the state agency or  department  and  which
  are substantially performed within New York state.
    (c)  "New  York  resident" shall mean a natural person who maintains a
  fixed, permanent and principal home located within New York state and to
  which such person,  whenever  temporarily  located,  always  intends  to
  return.
    (d)  "Procurement  contract"  shall  have the same meaning as that set
  forth in subdivision  two  of  section  one  hundred  forty-one  of  the
  economic development law.
    2.  In  every state agency and department, the chief executive officer
  shall:
    (a) notify the commissioner of economic development of the award of  a
  procurement  contract  for  the  purchase  of  goods  or services from a
  foreign business enterprise in an amount equal to or  greater  than  one
  million  dollars  simultaneously  with  notifying  the successful bidder
  therefor. No state agency or department shall thereafter  enter  into  a
  procurement  contract  for said goods or services until at least fifteen
  days has  elapsed,  except  for  procurement  contracts  awarded  on  an
  emergency  or  critical  basis,  or  where  the commissioner of economic
  development waives the provisions of this sentence. The notification  to
  the commissioner of economic development shall include the name, address
  and telephone and facsimile number of the foreign business enterprise, a
  brief  description  of  the goods or services to be obtained pursuant to
  the  proposed  procurement  contract,  the  amount   of   the   proposed
  procurement contract, the term of the proposed procurement contract, and
  the  name of the individual at the foreign business enterprise or acting
  on behalf of the same who is principally responsible  for  the  proposed
  procurement   contract.   Such   notification   shall  be  used  by  the
  commissioner of economic development solely to provide  notification  to
  New  York  state business enterprises of opportunities to participate as
  subcontractors and suppliers on such procurement contracts,  to  promote
  and encourage the location and development of new business in the state,
  to  assist  New  York  state  business  enterprises  in obtaining offset
  credits from foreign countries, and to otherwise investigate, study  and
  undertake  means of promoting and encouraging the prosperous development
  and protection of the legitimate interest and welfare of New York  state
  business enterprises, industry and commerce.
    (b)  include  in  all  bid  documents  provided to potential bidders a
  statement that information concerning the availability of New York state
  subcontractors and suppliers  is  available  from  the  New  York  state
  department of economic development, which shall include the directory of
  certified  minority  and women-owned businesses, and it is the policy of
  New York state to encourage the use of New York state subcontractors and

  suppliers, and to promote the participation of minority and  women-owned
  businesses, where possible, in the procurement of goods and services.
    (c)  provide  annually, on or before the first business day of June of
  each  year,  to  the  department  of  economic  development  information
  pertaining  to  procurement contracts entered into in an amount equal to
  or  greater  than  one  hundred  thousand  dollars  by  such  agency  or
  department  during the previous year. Such information shall include the
  subject  matter  and  value  of  such  contracts,  designation  of  each
  contractor as a New York state business enterprise or a foreign business
  enterprise,  the process used to select such contractors, as well as the
  status of such contracts; and
    (d) adopt policies to promote the  participation  by  New  York  state
  business  enterprises  and  New  York  state  residents  in  procurement
  contracts,  with  the  cooperation  of  the   department   of   economic
  development  and  the  community  services division of the department of
  labor including, but  not  limited  to,  providing  through  cooperative
  efforts with contractors for the notification of New York state business
  enterprises  of  opportunities  to  participate  as  subcontractors  and
  suppliers on procurement contracts in an amount estimated to be equal to
  or greater than one million dollars and for the notification of New York
  state residents of employment opportunities arising in  New  York  state
  out  of  procurement  contracts in an amount estimated to be equal to or
  greater than one million dollars; and promulgating procedures which will
  assure compliance by contractors with such notification.   Once  awarded
  the contract, such contractors shall document their efforts to encourage
  the  participation  of  New York state business enterprises as suppliers
  and subcontractors on procurement contracts equal to or greater than one
  million dollars. Documented efforts by  a  successful  contractor  shall
  consist  of  and  be  limited  to  showing  that such contractor has (a)
  solicited bids, in a timely and adequate manner,  from  New  York  state
  business   enterprises  including  certified  minority  and  women-owned
  business, or (b) contacted the New York  state  department  of  economic
  development  to  obtain listings of New York state business enterprises,
  or (c) placed notices for subcontractors and  suppliers  in  newspapers,
  journals  and other trade publications distributed in New York state, or
  (d) participated in  bidder  outreach  conferences.  If  the  contractor
  determines that New York state business enterprises are not available to
  participate   on  the  contract  as  subcontractors  or  suppliers,  the
  contractor shall provide a statement indicating the method by which such
  determination was made.  If  the  contractor  does  not  intend  to  use
  subcontractors on the contract, the contractor shall provide a statement
  verifying such intent.  Such contractors shall also provide notification
  to  New York state residents of employment opportunities through listing
  any such positions with the community services  division,  or  providing
  for  such  notification  in  such  manner as is consistent with existing
  collective  bargaining  contracts  or  agreements.  On  or  before   the
  effective  date  of  this section, each state agency or department shall
  submit such policies to the division of the budget and copies thereof to
  the  department  of  audit  and  control,  the  department  of  economic
  development,  the  senate  finance  committee  and the assembly ways and
  means committee.
    (e) include in each set of documents soliciting  bids  on  procurement
  contracts to let by the state agency or department a statement notifying
  potential  bidders located in foreign countries that the state agency or
  department may assign or otherwise transfer offset  credits  created  by
  such  procurement  contract  to third parties located in New York state;
  provide for the assignment or other form of transfer of  offset  credits
  created  by such procurement contracts, directly or indirectly, to third

  parties located in New  York  state,  in  accordance  with  the  written
  directions  of the commissioner of economic development; and provide for
  the  state  agency  or  department  to  otherwise  cooperate  with   the
  department  of  economic development in efforts to get foreign countries
  to recognize offset credits assigned or  transferred  to  third  parties
  located in New York state created by such procurement contracts.
    (f)  promulgate  procedures  which  will  assure  compliance  with the
  federal equal  employment  opportunity  act  of  1972  (P.L.92-261),  as
  amended, by contractors of the state agency or department.