§ 139-i. Obligations with respect to procurement contracts with New\nYork state and foreign business enterprises. 1. As used in this section,\nthe following terms shall have the following meanings, unless a\ndifferent meaning appears from the context:\n (a) "Foreign business enterprise" shall mean a business enterprise,\nincluding a sole proprietorship, partnership or corporation, which\noffers for sale, lease or other form of exchange, goods sought by the\nstate agency or department and which are substantially produced outside\nNew York state, or services sought by the state agency or department and\nwhich are substantially performed outside New York state.\n (b) "New York state business enterprise" shall mean a business\nenterprise, including a sole proprietorship, partnership, or\ncorporation, which offers for sale or lease or other form of exchange,\ngoods which are sought by the state agency or department and which are\nsubstantially manufactured, produced or assembled in New York state, or\nservices which are sought by the state agency or department and which\nare substantially performed within New York state.\n (c) "New York resident" shall mean a natural person who maintains a\nfixed, permanent and principal home located within New York state and to\nwhich such person, whenever temporarily located, always intends to\nreturn.\n (d) "Procurement contract" shall have the same meaning as that set\nforth in subdivision two of section one hundred forty-one of the\neconomic development law.\n 2. In every state agency and department, the chief executive officer\nshall:\n (a) notify the commissioner of economic development of the award of a\nprocurement contract for the purchase of goods or services from a\nforeign business enterprise in an amount equal to or greater than one\nmillion dollars simultaneously with notifying the successful bidder\ntherefor. No state agency or department shall thereafter enter into a\nprocurement contract for said goods or services until at least fifteen\ndays has elapsed, except for procurement contracts awarded on an\nemergency or critical basis, or where the commissioner of economic\ndevelopment waives the provisions of this sentence. The notification to\nthe commissioner of economic development shall include the name, address\nand telephone and facsimile number of the foreign business enterprise, a\nbrief description of the goods or services to be obtained pursuant to\nthe proposed procurement contract, the amount of the proposed\nprocurement contract, the term of the proposed procurement contract, and\nthe name of the individual at the foreign business enterprise or acting\non behalf of the same who is principally responsible for the proposed\nprocurement contract. Such notification shall be used by the\ncommissioner of economic development solely to provide notification to\nNew York state business enterprises of opportunities to participate as\nsubcontractors and suppliers on such procurement contracts, to promote\nand encourage the location and development of new business in the state,\nto assist New York state business enterprises in obtaining offset\ncredits from foreign countries, and to otherwise investigate, study and\nundertake means of promoting and encouraging the prosperous development\nand protection of the legitimate interest and welfare of New York state\nbusiness enterprises, industry and commerce.\n (b) include in all bid documents provided to potential bidders a\nstatement that information concerning the availability of New York state\nsubcontractors and suppliers is available from the New York state\ndepartment of economic development, which shall include the directory of\ncertified minority and women-owned businesses, and it is the policy of\nNew York state to encourage the use of New York state subcontractors and\nsuppliers, and to promote the participation of minority and women-owned\nbusinesses, where possible, in the procurement of goods and services.\n (c) provi
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