which will assure compliance by contractors with such notification as a condition of awarding bids. Such contractors shall, as supplementary materials to their bids, 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; attest to compliance with the federal equal employment opportunity act of 1972 (P.L. 92-261), as amended; and document their efforts to provide notification to New York state residents of employment opportunities through listing any such positions with the job service division, or providing for such notification in such manner as is consistent with existing collective bargaining contracts or agreements; and (iii) the corporation shall 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; and (iv) with the cooperation of the job service division of the department of labor and through cooperative efforts with contractors, providing for the notification of New York state residents of employment opportunities arising in New York state out of procurement contracts let by the corporation 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 by requiring contractors to submit post-award compliance reports documenting their efforts to provide such notification through listing any such positions with the job service division, or providing for such notification in such manner as is consistent with existing collective bargaining contracts or agreements. (j) For the purposes of this section, a "New York state business enterprise" means 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 corporation and which are substantially manufactured, produced or assembled in New York state, or services which are sought by the corporation and which are substantially performed within New York state. (k) For the purposes of this section, a "New York resident" means a natural person who maintains a fixed, permanent and principal home located within New York state and to which such person, whenever tenporarily located, always intends to return. § 3. Subdivisions 5, 6, 7 and 8 of section 2879 of the public authorities law are renumbered subdivisions 6, 7, 8 and 9 and a new subdivision 5 is added to read as follows: 5. (a) Each corporation shall notify the commissioner of economic development of the award of a procurement contract for the purchase of goods from a foreign business enterprise in an amount equal to or greater than one million dollars simultaneously with notifying the successful bidder therefor. No corporation shall thereafter enter into a procurement contract for said goods until at least fifteen days has elapsed, except for procurement contracts awarded on an emergency or critical basis. The not ification to the commissioner of economic development shall include the name, address and telephone and facsimile number of the foreign business enterprise, the amount 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 opportu nities 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) As used in this section, the following terms shall have the following meanings, unless a different meaning appears from the context: (i) "Foreign business enterprise" shall mean a business enterprise, including a sole proprietorship, partnership or corporation, which of fers for sale, lease or other form of exchange, goods sought by the corporation and which are substantially produced outside New York state, or services sought by the corporation and which are substantially performed outside New York state. (ii) "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 corporation and which are substantially manufactured, produced or assembled in New York state, or services which are sought by the corporation and which are substantially performed within New York § 4. Subdivision 6 of section 2879 of the public authorities law, as amended by chapter 862 of the laws of 1990 and renumbered by section three of this act, is amended to read as follows: state. 6. Each corporation, as part of the guidelines established pursuant to subdivision three of this section, shall establish policies regarding the preparation of publicly available reports on procurement contracts entered into by such corporation. Such policies shall provide, at the minimum, for the preparation of a report no less frequently than annually, summarizing procurement activity by such corporation for the period of the report, including a listing of all procurement contracts entered into, all contracts entered into with New York state business enterprises and the subject matter and value thereof, all contracts entered into with foreign business enterprises, and the subject matter and value thereof, the selection process used to select such contractors, all procurement contracts which were exempt from the publication requirements of article four-C of the economic development law, the basis for any such exemption and the status of existing procurement contracts. § 5. Paragraph (a) of subdivision 8 of section 2879 of the public authorities law, as amended by chapter 564 of the laws of 1988 and such subdivision as renumbered by section three of this act, is amended to read as follows: (a) Each corporation shall annually submit its report on procurement contracts 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. § 6. The state finance law is amended by adding a new section 139-i to read as follows: § 139-1. 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 from a foreign business enterprise in an amount equal to or greater than one million dollars simultaneously with notifying the successful bidder therefor. No corEXPLANATION-Matter in italics is new; matter in brackets [ ] is old law poration shall thereafter enter into a procurement contract for said goods until at least fifteen days has elapsed, except for procurement contracts awarded on an emergency or critical basis. The notification to the commissioner of economic development shall include the name, address and telephone and facsimile number of the foreign business enterprise, the amount 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. The agency shall 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. (b) 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 fifty 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 (c) adopt policies to promote the participation by New York state business enterprises and New York state resident's in procurement contracts, with the cooperation of the department of economic development and the job service 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 enployment opportunities arising in New York state out of procurement contracts in an amount estimated to be equal to or greater than one million dollars; by cooperating with New York state in efforts to obtain offset credits from foreign countries and promulgating procedures which will assure compliance by contractors with such notification as a condition of awarding bids. Such contractors shall, as supplementary materials to their bids, 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; attest to compliance with the federal equal employment opportunity act of 1972 (P.L. 92-261), as amended, document their efforts to provide notification to New York state residents of employment opportunities through listing any such positions with the job service 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 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. $ 7. Subdivisions 2 and 3 of section 164-a of the state finance law, subdivision 2 as added by chapter 364 of the laws of 1976 and subdivision 3 as amended by chapter 595 of the laws of 1979, are amended to read as follows: 2. The commissioner of general services and every state agency and department shall make stock item specification forms available to any prospective bidder and any bidder may complete a stock item specification form for a stock item and return it to the office of general services at the address designated by the commissioner of general services or the applicable state agency or department at the address designated by the chief executive officer thereof. The commissioner of general services and the chief executive officer of every state agency and department shall keep a file of returned and completed stock item specification forms. 3. Whenever possible, practical, and feasible and consistent with open competitive bidding, the commissioner of general services and the chief executive officer of every state agency and department shall use the stock item specifications of manufacturers, producers and/or assemblers located in New York state in developing specifications for items to be let for bid in its purchasing contracts and may use the data and information contained in stock item specifications forms to assist in his determination of what constitutes a stock item of a manufacturer, producer and/or assembler located in New York state for the purpose of helping to retain jobs, business and industry presently in the state of New York and attracting expanded and new business and industry to the state of New York so as to best promote the public interest. $ 8. Section 164-a of the state finance law is amended by adding a new subdivision 4 to read as follows: 4. The commissioner of general services shall make stock item specification forms available to any agency, department, public benefit corporation or public authority upon request. § 9. The state finance law is amended by adding a new section 174-b to read as follows: § 174-b. Special provisions relating to retaliating against other jurisdictions which discriminate against New York state enterprises in their procurement of products and services. 1. As used in this section, the following terms shall have the following meanings unless a different meaning appears from the context: (a) "Discriminatory jurisdiction" shall mean any other state or political subdivision thereof which employs a preference or similar price distorting mechanism to the detriment of or otherwise discriminates against a New York state enterprise in the procurement of goods and services by the same or a non-governmental entity influenced by the same. Such discrimination may include, but is not limited to, any law, regulation, procedure or practice, including local content requirements, terms of license, authorization, or funding or bidding rights' which requires or encourages any agency or instrumentality of the state or political subdivision thereof or non-governmental entity influenced by the same to discriminate against a New York state enterprise. (b) "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, products sought by the office of general services and which are substantially produced outside New York state. (c) "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 substantially manufactured, produced or assembled in New York state, or services which are substantially performed within New York state. 2. The commissioner of economic development shall have the power and it shall be his duty to prepare a list of all discriminatory jurisdictions. The commissioner of economic development shall add to or delete from said list any jurisdiction upon good cause shown. The commissioner of economic development shall deliver a copy of the list to the commissioner of general services and all state agencies, public authorities, and public benefit corporations, which authorities or corporations are subject to the provisions of section twenty-eight hundred seventy-nine of the public authorities law. 3. In including any additional business enterprises to invitations to bid for the procurement of products, the commissioner of general services shall not include any foreign business enterprise which has a principal place of business located in a discriminatory jurisdiction contained on the list prepared by the commissioner of economic development pursuant to subdivision two of this section, except, however, business enterprises which manufacture, produce or assemble their products within the state of New York. 4. The commissioner of general services may waive the application of the provisions of subdivision three of this section whenever he deterEXPLANATION-Matter in italics is new; matter in brackets [ ] is old law mines in writing that it is in the best interests of the state to do so. The commissioner of general services shall deliver each such waiver to the commissioner of economic development. § 10. Subdivision 8 of section 100 of the economic development law, as amended by chapter 60 of the laws of 1945, is amended to read as follows: 8. to encourage and develop commerce with other states and foreign countries, and to devise ways and means of removing trade barriers hampering the free flow of commerce between this state and other states, including such barriers as preferences and similar price distorting mechanisms and other forms of discrimination used in the procurement of goods and services by the public sector or influenced by the public sector; § 11. Subdivision 2 of section 141 of the economic development law is renumbered subdivision 3 and a new subdivision 2 is added to read as follows: 2. "Foreign business enterprise" shall mean a business enterprise, including a sole proprietorship, partnership or corporation, which had offered for sale, lease or other form of exchange, goods sought by the agency and substantially produced outside of New York state, or services sought by the agency and substantially performed outside New York state. § 12. Paragraph (c) of subdivision 2 of section 142 of the economic development law, as added by chapter 564 of the laws of 1988, is amended to read as follows: (c) for all other procurement contracts issued by agencies (i) the name of the contracting agency; (ii) the contract identification number; (iii) a brief description of the goods or services sought, the location where goods are to be delivered or services provided and the contract term; (iv) the address where bids or proposals are to be submitted; (v) the date when bids or proposals are due; (vi) a description of any ́eligibility or qualification requirement or preference; (vii) a statement as to whether the contract requirements may be fulfilled by a subcontracting, joint venture, or co-production arrangement; (viii) any other information deemed useful to potential contractors; [and] (ix) the name, address, and telephone number of the person to be contacted for additional information; and (x) a statement as to whether the goods or services sought had in the immediately preceding three year period been supplied by a foreign business enterprise. § 13. If any clause, sentence, paragraph or part of this act or the application thereof be adjudged by a court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder, and the application thereof, but shall be confined in its operation to the clause, sentence, paragraph or part thereof directly involved in the controversy in which such judgment shall have been § 14. This act shall take effect on the one hundred eightieth day after it shall have become a law, except that subdivisions three and four of section 174-b of the state finance law, as added by section nine of this act shall take effect on the five hundred forty-fifth day after it shall have become a law. rendered. CHAPTER 845 AN ACT to amend the education law, in relation to standardized testing and providing for the repeal of certain provisions upon expiration thereof Became a law August 10, 1992, with the approval of the Governor. The People of the State of New York, represented in Senate and Assenbly, do enact as follows: Section 1. Section 340 of the education law is amended by adding a new subdivision 7 to read as follows: |