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Assembly Bill A6769

2009-2010 Legislative Session

Relates to state procurement contracts

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Archive: Last Bill Status - In Assembly Committee

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2009-A6769 (ACTIVE) - Details

Current Committee:
Assembly Governmental Operations
Law Section:
State Finance Law
Laws Affected:
Amd ยง163, St Fin L
Versions Introduced in 2011-2012 Legislative Session:
A7080

2009-A6769 (ACTIVE) - Summary

Relates to state procurement contracts; provides that bids will be evaluated in a manner that reflects and adjusts for such unavoidable costs of doing business as are imposed upon such businesses by their respective state governments.

2009-A6769 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6769

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             March 12, 2009
                               ___________

Introduced  by  M.  of A. MILLER, CROUCH, McDONOUGH, THIELE, TOWNSEND --
  read once and referred to the Committee on Governmental Operations

AN ACT to amend the state finance law, in relation to state  procurement
  contracts

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Paragraph c of subdivision 2 of section 163  of  the  state
finance  law,  as added by chapter 83 of the laws of 1995, is amended to
read as follows:
  c. To encourage the  investment  of  the  private  and  not-for-profit
sectors  in  New  York state by making reasonable efforts to ensure that
offerers are apprised of procurement opportunities;  by  specifying  the
elements  of  a  responsive  bid and disclosing the process for awarding
contracts including,  if  applicable,  the  relative  importance  and/or
weight  of  cost  and  the  overall  technical  criterion for evaluating
offers; BY EVALUATING RESPONSIVE BIDS IN SUCH A MANNER AS  WILL  REFLECT
AND  ADJUST  FOR SUCH UNAVOIDABLE COSTS OF DOING BUSINESS AS ARE IMPOSED
UPON SUCH BUSINESSES BY  THEIR  RESPECTIVE  STATE  GOVERNMENTS;  and  by
ensuring the procurement is conducted accordingly.
  S 2. Subdivision 10 of section 163 of the state finance law is amended
by adding a new paragraph g to read as follows:
  G.  THE  COMMISSIONER,  WITH  THE  ASSISTANCE OF THE STATE PROCUREMENT
COUNCIL, IS DIRECTED  TO  ESTABLISH  A  METHODOLOGY  OF  EVALUATING  ALL
RESPONSIVE  BIDS  IN  SUCH  A MANNER AS WILL REFLECT AND ADJUST FOR SUCH
UNAVOIDABLE COSTS OF DOING BUSINESS AS ARE IMPOSED UPON SUCH  BUSINESSES
BY THEIR RESPECTIVE STATE GOVERNMENTS. ONLY SUCH COSTS OF DOING BUSINESS
AS  MAY  BE DIRECTLY ATTRIBUTED TO TAXES, FEES, INSURANCE SUCH AS WORKER
COMPENSATION AND OTHER DIRECT COSTS IMPOSED UPON A RESPONSIVE BIDDER  BY
THEIR  RESPECTIVE STATE GOVERNMENT SHALL BE CONSIDERED IN SUCH A METHOD-
OLOGY. ALL FACTORS RELATED TO LOCAL GOVERNMENT IMPOSITIONS, AND ANY  AND
ALL  OTHER  ECONOMIC  OR OTHER NON-GOVERNMENT RELATED COSTS SHALL NOT BE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09691-01-9

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