N.Y. Comp. Codes R. & Regs. tit. 2 § 105.1

Current through Register Vol. 46, No. 50, December 11, 2024

Section 105.1 - Statement of purpose

(a) The purpose of this Part is to implement the provisions of chapter 406 of the Laws of 1981, as amended by chapter 821 of the Laws of 1981. Chapter 406 added section 220-f to the Labor Law and section 139-h to the State Finance Law. Section 220-f, as amended by chapter 821, enunciates the labor policy of this State that contracts for the construction, reconstruction, maintenance and/or repairs of public work or for services performed or to be performed or for goods sold or to be sold in an amount exceeding $5,000 to which the State or any public department, agency or official thereof intends to be a party, shall not be executed with any person, firm, partnership or corporation which is participating or has participated at any time in an international boycott in violation of the provisions of the United States Export Administration Act of 1969, as amended, or the Export Administration Act of 1979, as amended, or the regulations of the United States Department of Commerce promulgated thereunder.

(b) Section 139-h of the State Finance Law provides for the implementation of this policy through the insertion of a clause in all State specifications or contracts in an amount exceeding $5,000, as a material condition of the contract, stating that neither the contractor nor any substantially owned or affiliated person, firm, partnership or corporation has violated the policy enunciated in section 220-f of the Labor Law. Section 139-h of the State Finance Law further provides that any such contract shall be rendered forfeit and void by the State Comptroller if, subsequent to execution, the contractor or a substantially owned or affiliated person, firm, partnership or corporation has been convicted of a violation of or has been found upon final determination of the United States Commerce Department or other appropriate agency of the United States to have violated the provisions of the Federal acts or regulations referred to in section 220-f of the Labor Law by participating in an international boycott. In addition, section 139-h empowers the State Comptroller to issue regulations to implement its provisions.

N.Y. Comp. Codes R. & Regs. Tit. 2 § 105.1