Bill Text: NY A02729 | 2011-2012 | General Assembly | Introduced

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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 5-0)

Status: (Introduced - Dead) 2012-05-01 - held for consideration in governmental operations [A02729 Detail]

Download: New_York-2011-A02729-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2729
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 20, 2011
                                      ___________
       Introduced  by  M. of A. CROUCH, BURLING, FINCH, OAKS, RAIA -- 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    S 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
   24  CONSIDERATIONS IN DETERMINING THE LOWEST RESPONSIBLE  BIDDER  FOR  STATE
   25  CONTRACTS.
   26    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04577-01-1