N.Y. Comp. Codes R. & Regs. tit. 9 § 4.29

Current through Register Vol. 46, No. 43, October 23, 2024

Section 4.29 - Executive Order No. 29: Guidelines for the purchase of steel for use on construction contracts. [DOUBLE DAGGER]

It is important that the State of New York, and its agencies and departments, apply consistent standards in determining when preference should be given to domestic steel in implementing the requirements of section 146 of the State Finance Law. Accordingly, it is necessary to develop a minimum standard for reference by agency and department heads in their exercise of discretion pursuant to this legislation.

NOW, THEREFORE, I, Mario M. Cuomo, Governor of the State of New York, by virtue of the authority vested in me by the Constitution and laws of the State of New York, hereby promulgate the following guidelines.

I. In implementing the provisions of section 146 of the State Finance Law, agency and department heads should consider, after determining that grounds exist pursuant to that section for granting a waiver of the domestic steel preference based upon unreasonable cost, whether:

(1) A bid or proposal offers foreign steel, the cost of which plus six percent thereof, is less than the cost of comparable domestic construction steel; and

(2) That bid or proposal offers the lowest price of any received after adding to each bid or proposal, for evaluation purposes, six percent of the cost of all foreign steel, offered in each bid or proposal.

II. Each agency and department head, upon making a determination that the use of American steel would unreasonably increase the cost of a contract, shall submit to the Director of State Operations, within seven days of making such determination and prior to letting of the contract, the facts upon which the determination was based.

III. It is recommended that the State's public authorities that are subject to the domestic steel preference of section 2603-a of the Public Authorities Law adopt similar standards.

Signed: Mario M. Cuomo

Dated: December 8, 1983

PROCLAMATION

WHEREAS, a vacancy exists in the Office of County Legislator for the Third Ward, City of Fulton, County of Oswego, caused by a tie vote and a failure to elect to said office in the general election held on November 8, 1983;

NOW, THEREFORE, I, Mario M. Cuomo, Governor of the State of New York, pursuant to section 42 of the Public Officers Law, do hereby order and proclaim that an election for County Legislator for the Third Ward, City of Fulton, County of Oswego, be held on the tenth day of January, nineteen hundred eighty-four, such election to be conducted in the manner prescribed by law for the election of County Legislators.

Signed: Mario M. Cuomo

Dated: December 8, 1983

N.Y. Comp. Codes R. & Regs. Tit. 9 § 4.29