Bill Text: NY S05096 | 2017-2018 | General Assembly | Amended


Bill Title: Relates to the definition of prevailing market price and to preferred source subcontracts; authorizes a preferred source to subcontract an incidental portion of a contract to a vendor that is or is not a preferred source, provided that such subcontract does not diminish bona fide employment opportunities for persons who could otherwise be new clients of an entity previously accorded preferred source status.

Spectrum: Moderate Partisan Bill (Republican 8-2)

Status: (Engrossed - Dead) 2018-06-20 - referred to governmental operations [S05096 Detail]

Download: New_York-2017-S05096-Amended.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                         5096--C
                               2017-2018 Regular Sessions
                    IN SENATE
                                      March 7, 2017
                                       ___________
        Introduced  by Sens. YOUNG, BOYLE, GRIFFO, HAMILTON, HELMING, MARCHIONE,
          ORTT, PHILLIPS, SEWARD -- read twice and  ordered  printed,  and  when
          printed  to be committed to the Committee on Finance -- recommitted to
          the Committee on Finance in accordance with Senate Rule 6, sec.  8  --
          committee  discharged,  bill amended, ordered reprinted as amended and
          recommitted to said committee -- committee discharged,  bill  amended,
          ordered  reprinted  as  amended  and  recommitted to said committee --
          reported favorably from said committee and committed to the  Committee
          on  Rules  -- committee discharged, bill amended, ordered reprinted as
          amended and recommitted to said committee
        AN ACT to amend the state finance law, in relation to the definition  of
          prevailing  market  price  and in relation to preferred source subcon-
          tracts
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Subdivision  6 of section 162 of the state finance law is
     2  amended by adding a new paragraph g to read as follows:
     3    g. For the purposes  of  this  subdivision  only,  "prevailing  market
     4  price"  shall  mean  the  average  price at which vendors of the same or
     5  similar product or service regularly engaged in the business of  selling
     6  such  product  or  service  offers to sell such product or service under
     7  similar terms in the same market.
     8    § 2. Section 162 of the state finance law is amended by adding  a  new
     9  subdivision 6-a to read as follows:
    10    6-a. Preferred source subcontracts. Pursuant to guidelines established
    11  by  the state procurement council, a preferred source may subcontract an
    12  incidental portion of a contract to  a  vendor  that  is  or  is  not  a
    13  preferred  source, provided that such subcontract does not diminish bona
    14  fide employment opportunities for persons who  could  otherwise  be  new
    15  clients  of  an entity previously accorded preferred source status. Such
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10450-12-8

        S. 5096--C                          2
     1  subcontract shall be integral to the  service  being  delivered  by  the
     2  providing preferred source agency.
     3    §  3. This act shall take effect on the first of January next succeed-
     4  ing the date on which it shall have become a law.
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