Discriminatory Jurisdictions

Section 165(6)(b) of the State Finance Law requires the Commissioner of the Department of Economic Development to develop a list of jurisdictions that impose sanctions or otherwise restrict the ability of New York State companies when they compete for contracts on an equal basis within those jurisdictions.

The current list of discriminatory jurisdictions identifies the following jurisdictions as continuing their discriminatory policies against New York State bidders: Alaska, Hawaii, Louisiana, South Carolina, West Virginia, and Wyoming.

Section 165(6)(d) of the State Finance Law requires all State agencies, and Section 2879(5)(d) of the Public Authorities Law requires all public authorities and public benefit corporations, to deny businesses from these jurisdictions with discriminatory policies against New York State contracts and placement on any bidders list if two conditions are met:

• the potential vendor's "principal place of business" is in a jurisdiction that discriminates against New York businesses, and
• the goods and services being offered are substantially manufactured, produced or performed anywhere outside New York State.

In addition, Section 165(6)(c) of the State Finance Law requires state agencies and Section 2879(5)(c) of the Public Authorities Law requires public authorities and public corporations to deny business from discriminatory jurisdictions placement on bidders lists.