Bill Text: NY S07534 | 2021-2022 | General Assembly | Introduced
Bill Title: Provides that certain purchase contracts can be awarded to a qualified bidder who fulfills certain values based procurement standards when such bid is not more than 10% higher than the lowest responsible bidder and when the bidder makes publicly available data on where such bidder sources their food items; sets forth the criteria for values based procurement standards to include local economies, environmental sustainability, valued workforce, valued agricultural workforce, animal welfare, nutrition, and racial equity.
Spectrum: Moderate Partisan Bill (Democrat 14-2)
Status: (Introduced - Dead) 2022-01-05 - REFERRED TO PROCUREMENT AND CONTRACTS [S07534 Detail]
Download: New_York-2021-S07534-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 7534 2021-2022 Regular Sessions IN SENATE November 19, 2021 ___________ Introduced by Sen. HINCHEY -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the general municipal law, in relation to the awarding of certain purchase contracts The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 1 of section 103 of the general municipal law, 2 as amended by section 1 of chapter 2 of the laws of 2012, is amended to 3 read as follows: 4 1. (a) Except as otherwise expressly provided by an act of the legis- 5 lature or by a local law adopted prior to September first, nineteen 6 hundred fifty-three, all contracts for public work involving an expendi- 7 ture of more than thirty-five thousand dollars and all purchase 8 contracts involving an expenditure of more than twenty thousand dollars, 9 shall be awarded by the appropriate officer, board or agency of a poli- 10 tical subdivision or of any district therein including but not limited 11 to a soil conservation district to the lowest responsible bidder 12 furnishing the required security after advertisement for sealed bids in 13 the manner provided by this section, provided, however, that purchase 14 contracts (including contracts for service work, but excluding any 15 purchase contracts necessary for the completion of a public works 16 contract pursuant to article eight of the labor law) may be awarded on 17 the basis of best value, as defined in section one hundred sixty-three 18 of the state finance law, to a responsive and responsible bidder or 19 offerer in the manner provided by this section except that in a poli- 20 tical subdivision other than a city with a population of one million 21 inhabitants or more or any district, board or agency with jurisdiction 22 exclusively therein the use of best value for awarding a purchase 23 contract or purchase contracts must be authorized by local law or, in 24 the case of a district corporation, school district or board of cooper- 25 ative educational services, by rule, regulation or resolution adopted at EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD11795-08-1S. 7534 2 1 a public meeting, provided further, however, that purchase contracts 2 (including contracts for service work, but excluding any purchase 3 contracts necessary for the completion of a public works contract pursu- 4 ant to article eight of the labor law) may be awarded to an otherwise 5 qualified bidder who fulfills one or more of the values based procure- 6 ment standards pursuant to paragraph (b) of this subdivision and the 7 contract may be given preference over other bidders provided, however, 8 that the cost included in the bid is not more than ten percent greater 9 than the cost included in a bid by the lowest responsible bidder and 10 provided further that the bidder provides all relevant supply chain data 11 in its bid to the appropriate officer, board or agency, updated annually 12 and upon changes, and that the appropriate officer, board or agency 13 shall make this data publicly available without the need for a freedom 14 of information law request, excepting data prohibited by state law. In 15 any case where a responsible bidder's or responsible offerer's gross 16 price is reducible by an allowance for the value of used machinery, 17 equipment, apparatus or tools to be traded in by a political subdivi- 18 sion, the gross price shall be reduced by the amount of such allowance, 19 for the purpose of determining the best value. In cases where two or 20 more responsible bidders furnishing the required security submit identi- 21 cal bids as to price, such officer, board or agency may award the 22 contract to any of such bidders. Such officer, board or agency may, in 23 his or her or its discretion, reject all bids or offers and readvertise 24 for new bids or offers in the manner provided by this section. In deter- 25 mining whether a purchase is an expenditure within the discretionary 26 threshold amounts established by this subdivision, the officer, board or 27 agency of a political subdivision or of any district therein shall 28 consider the reasonably expected aggregate amount of all purchases of 29 the same commodities, services or technology to be made within the 30 twelve-month period commencing on the date of purchase. Purchases of 31 commodities, services or technology shall not be artificially divided 32 for the purpose of satisfying the discretionary buying thresholds estab- 33 lished by this subdivision. A change to or a renewal of a discretionary 34 purchase shall not be permitted if the change or renewal would bring the 35 reasonably expected aggregate amount of all purchases of the same 36 commodities, services or technology from the same provider within the 37 twelve-month period commencing on the date of the first purchase to an 38 amount greater than the discretionary buying threshold amount. For 39 purposes of this section, "sealed bids" and "sealed offers", as that 40 term applies to purchase contracts, (including contracts for service 41 work, but excluding any purchase contracts necessary for the completion 42 of a public works contract pursuant to article eight of the labor law) 43 shall include bids and offers submitted in an electronic format includ- 44 ing submission of the statement of non-collusion required by section one 45 hundred three-d of this article, provided that the governing board of 46 the political subdivision or district, by resolution, has authorized the 47 receipt of bids and offers in such format. Submission in electronic 48 format may, for technology contracts only, be required as the sole meth- 49 od for the submission of bids and offers. Bids and offers submitted in 50 an electronic format shall be transmitted by bidders and offerers to the 51 receiving device designated by the political subdivision or district. 52 Any method used to receive electronic bids and offers shall comply with 53 article three of the state technology law, and any rules and regulations 54 promulgated and guidelines developed thereunder and, at a minimum, must 55 [(a)] (i) document the time and date of receipt of each bid and offer 56 received electronically; [(b)] (ii) authenticate the identity of theS. 7534 3 1 sender; [(c)] (iii) ensure the security of the information transmitted; 2 and [(d)] (iv) ensure the confidentiality of the bid or offer until the 3 time and date established for the opening of bids or offers. The timely 4 submission of an electronic bid or offer in compliance with instructions 5 provided for such submission in the advertisement for bids or offers 6 and/or the specifications shall be the responsibility solely of each 7 bidder or offerer or prospective bidder or offerer. No political subdi- 8 vision or district therein shall incur any liability from delays of or 9 interruptions in the receiving device designated for the submission and 10 receipt of electronic bids and offers. 11 (b) Supplier data shall be submitted at the time of bid, to the best 12 of the bidder's ability, updated at point of contract, and then updated 13 annually and upon changes. Any contractor shall submit updated supplier 14 data. Such data required pursuant to this paragraph shall include the 15 name and address of each supplier, distributor, processor, and 16 producer involved in the provision of the products that the bidder will 17 supply. 18 (c) For the purposes of this subdivision, "values based procurement 19 standards" shall mean procurement criteria that is based on: 20 (i) local economies. Preference shall be given to New York state or 21 regional suppliers that are sourcing food products in which fifty-one 22 percent of the raw agricultural materials have been grown, harvested, 23 processed and manufactured from within the state or region (within two 24 hundred fifty miles for produce and five hundred miles for animal 25 products); or 26 (ii) environmental sustainability. Preference shall be given to 27 producers that adopt practices that contribute to improved soil health 28 and increased carbon sequestration and storage, and that achieve net 29 short-term and long-term greenhouse gas benefits. Such practices shall 30 include those recommended by the United States department of agriculture 31 natural resources conservation service or their equivalent, that will: 32 (A) achieve the reduction or elimination of synthetic pesticides and 33 fertilizers through use of precision agriculture, integrated pest 34 management, and/or advanced nutrient management; 35 (B) avoid the misuse or routine use of hormones or antibiotics for 36 growth promotion or ongoing disease prevention; 37 (C) preserve and rebuild soil quality through use of soil health prac- 38 tices, including but not limited to planting cover crops, adopting 39 no-till and reduced tillage, increasing crop rotations and intercrop- 40 ping, and planting perennial crops, to improve the function and resili- 41 ence of soils; 42 (D) protect and enhance wildlife habitats and biodiversity; 43 (E) avoid contributing to water quality impairment and avoid contrib- 44 uting to deterioration of local air quality; 45 (F) reduce greenhouse gas emissions attributable to livestock through 46 use of feed management, prescribed grazing, amendments for treatment of 47 agricultural waste, and manure management; and 48 (G) reduce on-farm energy and water consumption, food waste and green- 49 house gas emissions; or 50 (iii) racial equity. Preference shall be given to minority and women- 51 owned business enterprises as defined in article fifteen-a of the execu- 52 tive law. 53 (iv) valued workforce. In order to avoid labor unrest and thereby 54 secure best value, preference shall be given to suppliers who: respect 55 and protect workers' rights to freedom of association, to organize a 56 union, and to bargain collectively free from retaliation; as evidencedS. 7534 4 1 by a union contract or agreeing to enter into a labor peace agreement 2 with a bona fide labor union upon request by that union; or are a work- 3 er-owned cooperative; or 4 (v) valued agricultural workforce. Preference shall be given to 5 suppliers who pay farmers a fair price, using United States department 6 of agriculture pricing standards, for the products they supply that 7 covers their actual cost of production and fair remuneration for their 8 management and labor; or 9 (vi) animal welfare. Preference shall be given to producers who 10 provide more humane care for farmed animals by prohibiting intensive 11 confinement (e.g. caging, crating or tethering), providing enough space 12 and environmental enrichments to allow animals to carry out their 13 natural behaviors, using pain control as needed when carrying out phys- 14 ical alterations, utilizing responsible, therapeutic antibiotic use, and 15 requiring humane handling and slaughter, as demonstrated by an independ- 16 ent United States department of agriculture recognized animal welfare 17 certification program with regular, third-party on-farm audits assessing 18 a producer's compliance with one hundred percent of the program's 19 welfare standards; or 20 (vii) nutrition. Preference shall be given to foods that promote 21 health and well-being, comprised of namely whole grains, fresh and mini- 22 mally-processed fruits and vegetables, essential fats (including nuts, 23 seeds and fish), and whole plant-based and lean proteins so as to 24 decrease sodium, added sugars, artificial additives, and saturated, 25 hydrogenated, and trans fats. 26 § 2. Subdivision 1 of section 103 of the general municipal law, as 27 amended by section 2 of chapter 2 of the laws of 2012, is amended to 28 read as follows: 29 1. (a) Except as otherwise expressly provided by an act of the legis- 30 lature or by a local law adopted prior to September first, nineteen 31 hundred fifty-three, all contracts for public work involving an expendi- 32 ture of more than thirty-five thousand dollars and all purchase 33 contracts involving an expenditure of more than twenty thousand dollars, 34 shall be awarded by the appropriate officer, board or agency of a poli- 35 tical subdivision or of any district therein including but not limited 36 to a soil conservation district to the lowest responsible bidder 37 furnishing the required security after advertisement for sealed bids in 38 the manner provided by this section, provided, however, that purchase 39 contracts (including contracts for service work, but excluding any 40 purchase contracts necessary for the completion of a public works 41 contract pursuant to article eight of the labor law) may be awarded on 42 the basis of best value, as defined in section one hundred sixty-three 43 of the state finance law, to a responsive and responsible bidder or 44 offerer in the manner provided by this section except that in a poli- 45 tical subdivision other than a city with a population of one million 46 inhabitants or more or any district, board or agency with jurisdiction 47 exclusively therein the use of best value of awarding a purchase 48 contract or purchase contracts must be authorized by local law or, in 49 the case of a district corporation, school district or board of cooper- 50 ative educational services, by rule, regulation or resolution adopted at 51 a public meeting, provided further, however, that purchase contracts 52 (including contracts for service work, but excluding any purchase 53 contracts necessary for the completion of a public works contract pursu- 54 ant to article eight of the labor law) may be awarded to an otherwise 55 qualified bidder who fulfills one or more of the values based procure- 56 ment standards pursuant to paragraph (b) of this subdivision and theS. 7534 5 1 contract may be given preference over other bidders provided, however 2 that the cost included in the bid is not more than ten percent greater 3 than the cost included in a bid by the lowest responsible bidder and 4 provided further that the bidder provides all relevant supply chain data 5 in its bid to the appropriate officer, board or agency, updated annually 6 and upon changes, and that the appropriate officer, board or agency 7 shall make this data publicly available without the need for a freedom 8 of information law request, excepting data prohibited by state law. In 9 determining whether a purchase is an expenditure within the discretion- 10 ary threshold amounts established by this subdivision, the officer, 11 board or agency of a political subdivision or of any district therein 12 shall consider the reasonably expected aggregate amount of all purchases 13 of the same commodities, services or technology to be made within the 14 twelve-month period commencing on the date of purchase. Purchases of 15 commodities, services or technology shall not be artificially divided 16 for the purpose of satisfying the discretionary buying thresholds estab- 17 lished by this subdivision. A change to or a renewal of a discretionary 18 purchase shall not be permitted if the change or renewal would bring the 19 reasonably expected aggregate amount of all purchases of the same 20 commodities, services or technology from the same provider within the 21 twelve-month period commencing on the date of the first purchase to an 22 amount greater than the discretionary buying threshold amount. In any 23 case where a responsible bidder's or responsible offerer's gross price 24 is reducible by an allowance for the value of used machinery, equipment, 25 apparatus or tools to be traded in by a political subdivision, the gross 26 price shall be reduced by the amount of such allowance, for the purpose 27 of determining the low bid or best value. In cases where two or more 28 responsible bidders furnishing the required security submit identical 29 bids as to price, such officer, board or agency may award the contract 30 to any of such bidders. Such officer, board or agency may, in his, her 31 or its discretion, reject all bids or offers and readvertise for new 32 bids or offers in the manner provided by this section. 33 (b) Supplier data shall be submitted at the time of bid, to the best 34 of the bidder's ability, updated at point of contract, and then updated 35 annually and upon changes. Any contractor shall submit updated supplier 36 data. Such data required pursuant to this paragraph shall include the 37 name and address of each supplier, distributor, processor, and 38 producer involved in the provision of the products that the bidder will 39 supply. 40 (c) For the purposes of this subdivision, "values based procurement 41 standards" shall mean procurement criteria that is based on: 42 (i) local economies. Preference shall be given to New York state or 43 regional suppliers that are sourcing food products in which fifty-one 44 percent of the raw agricultural materials have been grown, harvested, 45 processed and manufactured from within the state or region (within two 46 hundred fifty miles for produce and five hundred miles for animal 47 products); or 48 (ii) environmental sustainability. Preference shall be given to 49 producers that adopt practices that contribute to improved soil health 50 and increased carbon sequestration and storage, and that achieve net 51 short-term and long-term greenhouse gas benefits. These practices 52 include those recommended by the United States department of agriculture 53 natural resources conservation service or their equivalent, that will: 54 (A) achieve the reduction or elimination of synthetic pesticides and 55 fertilizers through use of precision agriculture, integrated pest 56 management, and/or advanced nutrient management;S. 7534 6 1 (B) avoid the misuse or routine use of hormones or antibiotics for 2 growth promotion or ongoing disease prevention; 3 (C) preserve and rebuild soil quality through use of soil health prac- 4 tices, including but not limited to planting cover crops, adopting 5 no-till and reduced tillage, increasing crop rotations and intercrop- 6 ping, and planting perennial crops, to improve the function and resili- 7 ence of soils; 8 (D) protect and enhance wildlife habitats and biodiversity; 9 (E) avoid contributing to water quality impairment and avoid contrib- 10 uting to deterioration of local air quality; 11 (F) reduce greenhouse gas emissions attributable to livestock through 12 use of feed management, prescribed grazing, amendments for treatment of 13 agricultural waste, and manure management; and 14 (G) reduce on-farm energy and water consumption, food waste and green- 15 house gas emissions; or 16 (iii) racial equity. Preference shall be given to minority and women- 17 owned business enterprises as defined in article fifteen-a of the execu- 18 tive law 19 (iv) valued workforce. In order to avoid labor unrest and thereby 20 secure best value, preference shall be given to suppliers who: respect 21 and protect workers' rights to freedom of association, to organize a 22 union, and to bargain collectively free from retaliation; as evidenced 23 by a union contract or agreeing to enter into a labor peace agreement 24 with a bona fide labor union upon request by that union; or are a work- 25 er-owned cooperative; or 26 (v) valued agricultural workforce. Preference shall be given to 27 suppliers who pay farmers a fair price, using United States department 28 of agriculture pricing standards, for the products they supply that 29 covers their actual cost of production and fair remuneration for their 30 management and labor; or 31 (vi) animal welfare. Preference shall be given to producers who 32 provide more humane care for farmed animals by prohibiting intensive 33 confinement (e.g. caging, crating or tethering), providing enough space 34 and environmental enrichments to allow animals to carry out their 35 natural behaviors, using pain control as needed when carrying out phys- 36 ical alterations, utilizing responsible, therapeutic antibiotic use, and 37 requiring humane handling and slaughter, as demonstrated by an independ- 38 ent United States department of agriculture recognized animal welfare 39 certification program with regular, third-party on-farm audits assessing 40 a producer's compliance with one hundred percent of the program's 41 welfare standards; or 42 (vii) nutrition. Preference shall be given to foods that promote 43 health and well-being, comprised of namely whole grains, fresh and mini- 44 mally-processed fruits and vegetables, essential fats (including nuts, 45 seeds and fish), and whole plant-based and lean proteins so as to 46 decrease sodium, added sugars, artificial additives, and saturated, 47 hydrogenated, and trans fats. 48 § 3. This act shall take effect immediately; provided, however, that 49 the amendments to subdivision 1 of section 103 of the general municipal 50 law made by section one of this act shall be subject to the expiration 51 and reversion of such subdivision when upon such date the provisions of 52 section two of this act shall take effect.
