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
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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:
Section 1. Article 9 of the state finance law is amended by adding a
new section 134 to read as follows:
S 134. DECLARATION OF POLICY. 1. IT IS HEREBY DECLARED TO BE THE POLI-
CY OF THIS STATE THAT THIS ARTICLE SHALL BE CONSTRUED IN THE NEGOTIATION
OF CONTRACTS FOR PUBLIC WORKS AND PUBLIC PURCHASES TO WHICH THE STATE IS
A PARTY SO AS TO ASSURE THE PRUDENT AND ECONOMICAL USE OF PUBLIC MONEYS
FOR THE BENEFIT OF ALL THE INHABITANTS OF THE STATE AND TO FACILITATE
THE ACQUISITION OF FACILITIES AND COMMODITIES OF MAXIMUM QUALITY AT THE
LOWEST POSSIBLE COST. THE STATE ALSO RECOGNIZES THAT THE LOWEST RESPON-
SIBLE BID FOR PUBLIC CONTRACTS MAY NOT SIMPLY BE A MONETARY AMOUNT BUT
SHOULD ALSO INCORPORATE QUANTIFIABLE FISCAL BENEFITS TO THE STATE AND
THAT QUANTIFIABLE FISCAL BENEFITS TO THE STATE SHOULD BE SUBTRACTED FROM
THE ACTUAL BID AMOUNT TO DETERMINE THE LOWEST RESPONSIBLE BIDDER.
2. THE COMPTROLLER SHALL ESTABLISH, IN CONSULTATION WITH THE HEADS OF
STATE AGENCIES, A METHOD FOR DETERMINING THE LOWEST RESPONSIBLE BIDDER
WHEN NEGOTIATING STATE CONTRACTS THAT WOULD INCORPORATE QUANTIFIABLE
FISCAL BENEFITS INCLUDING, BUT NOT BE LIMITED TO, CONSIDERATION OF WHERE
SUB-CONTRACTORS USED BY CONTRACTORS TO FULFILL A STATE CONTRACT ARE
LOCATED, HOW MANY JOBS IN THE STATE, IF ANY, WILL BE CREATED BY THE
AWARDING OF SUCH A CONTRACT, AND THE ESTIMATED TAX REVENUE AND ANCILLARY
ECONOMIC ACTIVITY THAT WOULD BE GENERATED IN THE STATE THROUGH THE
AWARDING OF SUCH CONTRACTS AND SUBSEQUENT SUBCONTRACTS. THE COMPTROLLER
SHALL PROMULGATE RULES AND REGULATIONS TO ENSURE THE INCLUSION OF THESE
CONSIDERATIONS IN DETERMINING THE LOWEST RESPONSIBLE BIDDER FOR STATE
CONTRACTS.
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