Bill Text: NY S01074 | 2023-2024 | General Assembly | Introduced

---

Bill Title: Allows for in-state suppliers to receive preference in certain situations when the state is awarding contracts.

Spectrum: Partisan Bill (Republican 4-0)

Status: (Introduced) 2024-01-03 - REFERRED TO FINANCE [S01074 Detail]

Download: New_York-2023-S01074-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                          1074

                               2023-2024 Regular Sessions

                    IN SENATE

                                    January 10, 2023
                                       ___________

        Introduced  by  Sens.  BORRELLO,  OBERACKER,  O'MARA  --  read twice and
          ordered printed, and when printed to be committed to the Committee  on
          Finance

        AN  ACT  to  amend  the  state  finance law, in relation to allowing for
          in-state suppliers to receive preference in  certain  situations  when
          the state is awarding contracts

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

     1    Section 1. The state finance law is amended by adding  a  new  section
     2  149 to read as follows:
     3    §  149.  In-state  supplier  preference  for  state  contracts. 1. For
     4  purposes of this section, the following terms shall have  the  following
     5  meanings:
     6    (a)  "State  agency" shall have the same meaning as defined in section
     7  one hundred seventy-nine-e of this chapter.
     8    (b) "Existing in-state supplier" shall mean an  individual  or  entity
     9  who  is  resident  in  the  state  and regularly and consistently does a
    10  majority of their business within the state who is able to provide goods
    11  or services that the state is looking to contract for.
    12    2. When a state contract for the purchase of goods or services  is  to
    13  be made and awarded to the lowest responsible bidder, an otherwise qual-
    14  ified  bidder  who will fulfill the contract who is an existing in-state
    15  supplier of such goods or services shall be allowed to match the bid  of
    16  the lowest responsible bidder before any contract is made and awarded by
    17  the  state  or  by any state agency if such lowest responsible bidder is
    18  not an existing in-state supplier, provided that the  cost  included  in
    19  the  bid  of  such  existing  in-state supplier is not more than fifteen
    20  percent greater than the cost included in the bid of the lowest  respon-
    21  sible bidder who is not an existing in-state supplier.
    22    3.  If  an  otherwise  qualified  bidder  who  is an existing in-state
    23  supplier chooses to match the lowest responsible bidder who  is  not  an

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03934-01-3
        S. 1074                             2

     1  existing  in-state  supplier,  then the state or a state agency may give
     2  preference to such existing in-state supplier when making  and  awarding
     3  such contract.
     4    § 2. This act shall take effect immediately.