purchasing

New York Resident Bidder Preference

Revised March 2, 2015

New York State Finance Law, §165. When letting contracts for purchase of food, solicitations may require provisions that mandate that all or some of the required food products are grown, produced or harvested in New York, or that any processing of such food products take place in facilities located within New York state based upon a list issued by the Commissioner of Agriculture and Markets identifying food products that are beneficial and available in sufficient quantities for competitive purchasing.

NEW YORK RECIPROCAL PREFERENCE

New York State Finance Law, §165. The Commissioner of Economic Development shall develop list of "discriminatory jurisdictions" that have employ preferences or price distorting mechanisms or otherwise discriminate against New York state businesses in the procurement of commodities and services. Neither the Commissioner of Economic Development nor any New York State agencies shall enter into contracts with any foreign business enterprise, except business enterprises that are New York state business enterprise, whose principal place of business is on the list of "discriminatory jurisdictions." "New York state business enterprise" is defined as a business enterprise that offers for sale, lease, or other form of exchange commodities that are substantially manufactured, produced, or assembled in New York, or services, other than construction services, which are substantially performed within New York. For purposes of construction services, a "New York state business enterprise" is defined as a business enterprise that has its principal place of business in New York. A "foreign business enterprise" is defined as a business enterprise that offers for sale, lease, or other form of exchange commodities that are substantially produced outside New York, or services, other than construction services, which are substantially performed outside New York. For purposes of construction services, a "foreign business enterprise" is defined as a business enterprise that has its principal place of business outside New York. The list of discriminatory jurisdictions includes Alaska, Hawaii, Louisiana, South Carolina, West Virginia, and Wyoming.

New York Public Authorities Law, §2879. Public authorities and public benefit corporations, a majority of the members of which consist of persons either appointed by the governor or who serve as members by virtue of holding a civil office of the state, or a combination thereof, shall not enter into contracts with any foreign business enterprise whose principal place of business is on the list of "discriminatory jurisdictions" created pursuant to New York State Finance Law, §165. "New York state business enterprise" is defined as a business enterprise that offers for sale, lease, or other form of exchange commodities that are substantially manufactured, produced, or assembled in New York, or services, other than construction services, which are substantially performed within New York. For purposes of construction services, a "New York state business enterprise" is defined as a business enterprise that has its principal place of business in New York. A "foreign business enterprise" is defined as a business enterprise that offers for sale, lease, or other form of exchange commodities that are substantially produced outside New York, or services, other than construction services, which are substantially performed outside New York. For purposes of construction services, a "foreign business enterprise" is defined as a business enterprise that has its principal place of business outside New York. The list of discriminatory jurisdictions includes Alaska, Hawaii, Louisiana, South Carolina, West Virginia, and Wyoming.