Bill Text: NY A02511 | 2023-2024 | General Assembly | Introduced


Bill Title: Provides for the establishment of a method for determining the lowest responsible bidder when negotiating state contracts that would incorporate quantifiable fiscal benefits.

Spectrum: Partisan Bill (Republican 7-0)

Status: (Introduced) 2024-01-03 - referred to governmental operations [A02511 Detail]

Download: New_York-2023-A02511-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          2511

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    January 26, 2023
                                       ___________

        Introduced  by  M. of A. ANGELINO, DeSTEFANO, LEMONDES, McDONOUGH, MIKU-
          LIN, MILLER, MORINELLO -- read once and referred to the  Committee  on
          Governmental Operations

        AN  ACT  to  amend  the state finance law, in relation to establishing a
          method for determining the lowest responsible bidder when  negotiating
          state contracts

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Article 9 of the state finance law is amended by  adding  a
     2  new section 134 to read as follows:
     3    § 134. Declaration of policy. 1. It is hereby declared to be the poli-
     4  cy of this state that this article shall be construed in the negotiation
     5  of contracts for public works and public purchases to which the state is
     6  a  party so as to assure the prudent and economical use of public moneys
     7  for the benefit of all the inhabitants of the state  and  to  facilitate
     8  the  acquisition of facilities and commodities of maximum quality at the
     9  lowest possible cost. The state also recognizes that the lowest  respon-
    10  sible  bid  for public contracts may not simply be a monetary amount but
    11  should also incorporate quantifiable fiscal benefits to  the  state  and
    12  that quantifiable fiscal benefits to the state should be subtracted from
    13  the actual bid amount to determine the lowest responsible bidder.
    14    2.  The comptroller shall establish, in consultation with the heads of
    15  state agencies, a method for determining the lowest  responsible  bidder
    16  when  negotiating  state  contracts  that would incorporate quantifiable
    17  fiscal benefits including, but not be limited to, consideration of where
    18  sub-contractors used by contractors to  fulfill  a  state  contract  are
    19  located,  how  many  jobs  in  the state, if any, will be created by the
    20  awarding of such a contract, and the estimated tax revenue and ancillary
    21  economic activity that would be  generated  in  the  state  through  the
    22  awarding  of such contracts and subsequent subcontracts. The comptroller
    23  shall promulgate rules and regulations to ensure the inclusion of  these

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06601-01-3

        A. 2511                             2

     1  considerations  in  determining  the lowest responsible bidder for state
     2  contracts.
     3    § 2. The state finance law is amended by adding a new section 136-e to
     4  read as follows:
     5    §  136-e.  In-state  contractor  preference. Notwithstanding any other
     6  provision of law to the contrary, any contract or contracts made by  the
     7  state which requires the submission of a bid shall, when determining the
     8  low  bid,  reduce  any  bid  submitted by an in-state contractor by five
     9  percent.  For the purposes of this  section,  an  "in-state  contractor"
    10  shall be a contractor which:
    11    1. is located within the state;
    12    2. hires a majority of employees who are residents of the state;
    13    3.  hires  subcontractors  who  are located within the state and whose
    14  employees are residents of the state; and
    15    4. creates tax revenue and ancillary economic activity for the state.
    16    § 3. This act shall take effect immediately.
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