S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6380
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 6, 2017
                                ___________
 
 Introduced  by  M.  of  A. TITONE, COOK, GOTTFRIED, STIRPE, SIMON, McDO-
   NOUGH, COLTON, FAHY, SEAWRIGHT, GALEF, MOSLEY, DiPIETRO -- Multi-Spon-
   sored by -- M. of A. ARROYO, THIELE -- read once and referred  to  the
   Committee on Governmental Operations
 
 AN  ACT  to  amend the state finance law, in relation to requiring state
   contractors and municipalities and public authorities receiving  state
   funds to disclose their policies on preventing human trafficking with-
   in their supply chains
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The state finance law is amended by adding  a  new  section
 148 to read as follows:
   §  148.  DISCLOSURE  OF HUMAN TRAFFICKING POLICY BY STATE CONTRACTORS.
 ALL CONTRACT SOLICITATIONS INCLUDING BUT NOT LIMITED TO, INVITATIONS FOR
 BIDS, REQUESTS FOR PROPOSALS, REQUESTS FOR APPLICATIONS AND REQUESTS FOR
 QUALIFICATIONS FOR CONTRACTS SHALL  REQUIRE  THAT  ANY  OFFEROR  SEEKING
 STATE  CONTRACTS SHALL HAVE IN PLACE A POLICY FOR PREVENTING HUMAN TRAF-
 FICKING WITHIN ITS SUPPLY CHAIN AND SHALL DISCLOSE  SUCH  POLICY  BEFORE
 ANY SUCH CONTRACT SHALL BE AWARDED.
   §  2. The state finance law is amended by adding a new section 53-e to
 read as follows:
   § 53-E. DISCLOSURE OF HUMAN TRAFFICKING POLICY BY  MUNICIPALITIES  AND
 PUBLIC AUTHORITIES.  ALL MUNICIPALITIES AND PUBLIC AUTHORITIES RECEIVING
 APPROPRIATIONS OR ALLOCATIONS OF STATE FUNDS SHALL HAVE IN PLACE A POLI-
 CY FOR PREVENTING HUMAN TRAFFICKING WITHIN THEIR SUPPLY CHAINS AND SHALL
 DISCLOSE  TO  THE STATE ENTITY PROVIDING SUCH FUNDING SUCH POLICY BEFORE
 ANY SUCH CONTRACT SHALL BE AWARDED.
   § 3. This act shall take effect immediately.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09168-01-7

              

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6380--A
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 6, 2017
                                ___________
 
 Introduced  by  M.  of  A. TITONE, COOK, GOTTFRIED, STIRPE, SIMON, McDO-
   NOUGH, COLTON,  FAHY,  SEAWRIGHT,  GALEF,  MOSLEY,  DiPIETRO,  PAULIN,
   WILLIAMS,   HUNTER,  DINOWITZ,  SEPULVEDA,  ROSENTHAL,  MOYA,  D'URSO,
   ABBATE, BLAKE, GJONAJ, DICKENS, ORTIZ,  GIGLIO,  LAWRENCE,  HARRIS  --
   Multi-Sponsored  by  --  M. of A. ARROYO, DE LA ROSA, ERRIGO, HYNDMAN,
   STECK, THIELE, WRIGHT -- read once and referred to  the  Committee  on
   Governmental Operations -- committee discharged, bill amended, ordered
   reprinted as amended and recommitted to said committee
 
 AN  ACT  to  amend the state finance law, in relation to requiring state
   contractors submit a statement on human trafficking
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  state finance law is amended by adding a new section
 139-d-1 to read as follows:
   § 319-D-1. STATEMENT ON HUMAN TRAFFICKING IN BIDS TO THE  STATE.    1.
 (A)  EVERY  BID  HEREAFTER  MADE  TO THE STATE OR ANY PUBLIC DEPARTMENT,
 AGENCY OR OFFICIAL THEREOF, WHERE COMPETITIVE  BIDDING  IS  REQUIRED  BY
 STATUTE,  RULE  OR  REGULATION,  FOR WORK OR SERVICES PERFORMED OR TO BE
 PERFORMED OR GOODS SOLD OR TO  BE  SOLD,  SHALL  CONTAIN  THE  FOLLOWING
 STATEMENT  SUBSCRIBED  BY THE BIDDER AND AFFIRMED BY SUCH BIDDER AS TRUE
 UNDER THE PENALTIES OF PERJURY:
   "BY SUBMISSION OF THIS BID, EACH BIDDER AND  EACH  PERSON  SIGNING  ON
 BEHALF  OF  ANY  BIDDER  CERTIFIES,  AND IN THE CASE OF A JOINT BID EACH
 PARTY THERETO CERTIFIES AS TO ITS OWN  ORGANIZATION,  UNDER  PENALTY  OF
 PERJURY, THAT TO THE BEST OF HIS OR HER KNOWLEDGE AND BELIEF, THE GOODS,
 WORK  OR  SERVICES  TO  BE  SUPPLIED  OR  PERFORMED  WILL BE SUPPLIED OR
 PERFORMED WITHOUT DOING BUSINESS WITH ANY ORGANIZATION, PERSON, OR ENTI-
 TY THAT IS OR HAS ENGAGED IN HUMAN TRAFFICKING."
   (B) IN ADDITION TO THE STATEMENT REQUIRED BY  PARAGRAPH  (A)  OF  THIS
 SUBDIVISION,  ANY  BIDDER THAT MAINTAINS A WRITTEN POLICY FOR PREVENTING
 HUMAN TRAFFICKING WITHIN ITS OPERATIONS, BUSINESS DEALINGS,  AND  SUPPLY
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD09168-02-7

 A. 6380--A                          2
 
 CHAIN  SHALL  SUBMIT  TO  THE  STATE OR ANY PUBLIC DEPARTMENT, AGENCY OR
 OFFICIAL THEREOF SOLICITING SUCH BID SUCH CURRENT  WRITTEN  POLICY  WHEN
 SUBMITTING SUCH STATEMENT.
   2.  NOTWITHSTANDING  THE FOREGOING, THE STATEMENT ON HUMAN TRAFFICKING
 OR WRITTEN POLICY FOR PREVENTING HUMAN TRAFFICKING REQUIRED PURSUANT  TO
 SUBDIVISION  ONE  OF  THIS  SECTION  MAY  BE SUBMITTED ELECTRONICALLY IN
 ACCORDANCE WITH THE PROVISIONS  OF  SUBDIVISION  SEVEN  OF  SECTION  ONE
 HUNDRED SIXTY-THREE OF THIS CHAPTER.
   3. A BID SHALL NOT BE CONSIDERED FOR AWARD NOR SHALL ANY AWARD BE MADE
 WHERE  SUBDIVISION  ONE  OF  THIS  SECTION  HAS  NOT BEEN COMPLIED WITH;
 PROVIDED HOWEVER, THAT IF IN ANY CASE THE BIDDER CANNOT MAKE THE FOREGO-
 ING CERTIFICATION, THE BIDDER SHALL SO STATE AND SHALL FURNISH WITH  THE
 BID A SIGNED STATEMENT WHICH SETS FORTH IN DETAIL THE REASONS THEREFOR.
   4. ANY BID HEREAFTER MADE TO THE STATE OR ANY PUBLIC DEPARTMENT, AGEN-
 CY  OR  OFFICIAL  THEREOF  BY  A  CORPORATE  BIDDER FOR WORK OR SERVICES
 PERFORMED OR TO BE PERFORMED OR GOODS SOLD OR TO BE SOLD, WHERE  COMPET-
 ITIVE BIDDING IS REQUIRED BY STATUTE, RULE OR REGULATION, AND WHERE SUCH
 BID CONTAINS THE CERTIFICATION OR WRITTEN POLICY REFERRED TO IN SUBDIVI-
 SION ONE OF THIS SECTION, SHALL BE DEEMED TO HAVE BEEN AUTHORIZED BY THE
 BOARD OF DIRECTORS OF THE BIDDER, AND SUCH AUTHORIZATION SHALL BE DEEMED
 TO INCLUDE THE SIGNING AND SUBMISSION OF THE BID AND THE INCLUSION THER-
 EIN  OF  THE  CERTIFICATE  ON  HUMAN  TRAFFICKING AND WRITTEN POLICY FOR
 PREVENTING HUMAN TRAFFICKING AS THE ACT AND DEED OF THE CORPORATION.
   5. FOR THE PURPOSES OF THIS SECTION, THE TERM "ENGAGED IN HUMAN  TRAF-
 FICKING" SHALL NOT BE CONSTRUED TO INCLUDE AN INDIVIDUAL WHO IS OR WAS A
 VICTIM OF HUMAN TRAFFICKING.
   § 2. Subdivision 7 of section 163 of the state finance law, as amended
 by section 10 of part L of chapter 55 of the laws of 2012, is amended to
 read as follows:
   7. Method of procurement. Consistent with the requirements of subdivi-
 sions  three and four of this section, state agencies shall select among
 permissible methods of procurement including, but  not  limited  to,  an
 invitation for bid, request for proposals or other means of solicitation
 pursuant  to  guidelines  issued by the state procurement council. State
 agencies may accept bids  electronically  including  submission  of  the
 statement of non-collusion required by section one hundred thirty-nine-d
 of  this  chapter,  AND  THE  STATEMENT ON HUMAN TRAFFICKING AND WRITTEN
 POLICY FOR PREVENTING HUMAN TRAFFICKING REQUIRED BY SECTION ONE  HUNDRED
 THIRTY-NINE-D-1 OF THIS CHAPTER, and, starting April first, two thousand
 twelve,  and  ending  March thirty-first, two thousand fifteen, may, for
 commodity,  service  and   technology   contracts   require   electronic
 submission  as the sole method for the submission of bids for the solic-
 itation. State agencies shall undertake no more  than  eighty-five  such
 electronic  bid  solicitations, none of which shall be reverse auctions,
 prior to April first, two thousand fifteen. In addition, state  agencies
 may  conduct  up  to  twenty  reverse auctions through electronic means,
 prior to April first, two thousand fifteen. Prior to requiring the elec-
 tronic submission of bids, the agency shall make a determination,  which
 shall   be   documented  in  the  procurement  record,  that  electronic
 submission affords a fair and equal opportunity for offerers  to  submit
 responsive  offers.  Within thirty days of the completion of the eighty-
 fifth electronic bid solicitation,  or  by  April  first,  two  thousand
 fifteen,  whichever  is earlier, the commissioner shall prepare a report
 assessing the use of electronic  submissions  and  make  recommendations
 regarding  future  use  of  this procurement method. In addition, within
 thirty days of the completion of the twentieth reverse  auction  through

 A. 6380--A                          3
 
 electronic  means, or by April first, two thousand fifteen, whichever is
 earlier, the commissioner shall prepare a report assessing  the  use  of
 reverse  auctions  through  electronic  means  and  make recommendations
 regarding  future  use of this procurement method. Such reports shall be
 published on the website of the office of general services. Except where
 otherwise provided by law, procurements shall be competitive, and  state
 agencies  shall  conduct  formal competitive procurements to the maximum
 extent practicable. State agencies shall document the  determination  of
 the  method  of  procurement  and  the basis of award in the procurement
 record. Where the basis for award is the best  value  offer,  the  state
 agency  shall  document, in the procurement record and in advance of the
 initial receipt of offers, the determination of the evaluation criteria,
 which whenever possible, shall be quantifiable, and the  process  to  be
 used  in  the  determination  of  best value and the manner in which the
 evaluation process and selection shall be conducted.
   § 3. This act shall take effect on the ninetieth day  after  it  shall
 have  become  a law and shall only apply to contracts entered into on or
 after such effective date; provided  however,  that  the  amendments  to
 subdivision  7  of  section 163 of the state finance law made by section
 two of this act shall not affect the repeal of such section and shall be
 deemed repealed therewith.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6380--B
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 6, 2017
                                ___________
 
 Introduced  by  M.  of  A. TITONE, COOK, GOTTFRIED, STIRPE, SIMON, McDO-
   NOUGH, COLTON,  FAHY,  SEAWRIGHT,  GALEF,  MOSLEY,  DiPIETRO,  PAULIN,
   WILLIAMS,   HUNTER,  DINOWITZ,  SEPULVEDA,  ROSENTHAL,  MOYA,  D'URSO,
   ABBATE, BLAKE, GJONAJ, DICKENS, ORTIZ,  GIGLIO,  LAWRENCE,  HARRIS  --
   Multi-Sponsored  by  --  M. of A. ARROYO, DE LA ROSA, ERRIGO, HYNDMAN,
   STECK, THIELE, WRIGHT -- read once and referred to  the  Committee  on
   Governmental Operations -- committee discharged, bill amended, ordered
   reprinted  as  amended  and  recommitted  to  said  committee -- again
   reported from said committee with  amendments,  ordered  reprinted  as
   amended and recommitted to said committee
 
 AN  ACT  to  amend the state finance law, in relation to requiring state
   contractors submit a statement on human trafficking
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  state finance law is amended by adding a new section
 139-d-1 to read as follows:
   § 139-D-1. STATEMENT ON HUMAN TRAFFICKING IN BIDS TO THE  STATE.    1.
 (A)  EVERY  BID  HEREAFTER  MADE  TO THE STATE OR ANY PUBLIC DEPARTMENT,
 AGENCY OR OFFICIAL THEREOF, WHERE COMPETITIVE  BIDDING  IS  REQUIRED  BY
 STATUTE,  RULE  OR  REGULATION,  FOR WORK OR SERVICES PERFORMED OR TO BE
 PERFORMED OR GOODS SOLD OR TO  BE  SOLD,  SHALL  CONTAIN  THE  FOLLOWING
 STATEMENT  SUBSCRIBED  BY THE BIDDER AND AFFIRMED BY SUCH BIDDER AS TRUE
 UNDER THE PENALTIES OF PERJURY:
   "BY SUBMISSION OF THIS BID, EACH BIDDER AND  EACH  PERSON  SIGNING  ON
 BEHALF  OF  ANY  BIDDER  CERTIFIES,  AND IN THE CASE OF A JOINT BID EACH
 PARTY THERETO CERTIFIES AS TO ITS OWN  ORGANIZATION,  UNDER  PENALTY  OF
 PERJURY, THAT TO THE BEST OF HIS OR HER KNOWLEDGE AND BELIEF, THE GOODS,
 WORK  OR  SERVICES  TO  BE  SUPPLIED  OR  PERFORMED  WILL BE SUPPLIED OR
 PERFORMED WITHOUT DOING BUSINESS WITH ANY ORGANIZATION, PERSON, OR ENTI-
 TY THAT IS OR HAS ENGAGED IN HUMAN TRAFFICKING."
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09168-04-7
              

 A. 6380--B                          2
 
   (B) IN ADDITION TO THE STATEMENT REQUIRED BY  PARAGRAPH  (A)  OF  THIS
 SUBDIVISION,  ANY  BIDDER THAT MAINTAINS A WRITTEN POLICY FOR PREVENTING
 HUMAN TRAFFICKING WITHIN ITS OPERATIONS, BUSINESS DEALINGS,  AND  SUPPLY
 CHAIN  SHALL  SUBMIT  TO  THE  STATE OR ANY PUBLIC DEPARTMENT, AGENCY OR
 OFFICIAL  THEREOF  SOLICITING  SUCH BID SUCH CURRENT WRITTEN POLICY WHEN
 SUBMITTING SUCH STATEMENT.
   2. NOTWITHSTANDING THE FOREGOING, THE STATEMENT ON  HUMAN  TRAFFICKING
 OR  WRITTEN POLICY FOR PREVENTING HUMAN TRAFFICKING REQUIRED PURSUANT TO
 SUBDIVISION ONE OF THIS  SECTION  MAY  BE  SUBMITTED  ELECTRONICALLY  IN
 ACCORDANCE  WITH  THE  PROVISIONS  OF  SUBDIVISION  SEVEN OF SECTION ONE
 HUNDRED SIXTY-THREE OF THIS CHAPTER.
   3. A BID SHALL NOT BE CONSIDERED FOR AWARD NOR SHALL ANY AWARD BE MADE
 WHERE SUBDIVISION ONE OF  THIS  SECTION  HAS  NOT  BEEN  COMPLIED  WITH;
 PROVIDED HOWEVER, THAT IF IN ANY CASE THE BIDDER CANNOT MAKE THE FOREGO-
 ING  CERTIFICATION, THE BIDDER SHALL SO STATE AND SHALL FURNISH WITH THE
 BID A SIGNED STATEMENT WHICH SETS FORTH IN DETAIL THE REASONS THEREFOR.
   4. ANY BID HEREAFTER MADE TO THE STATE OR ANY PUBLIC DEPARTMENT, AGEN-
 CY OR OFFICIAL THEREOF BY  A  CORPORATE  BIDDER  FOR  WORK  OR  SERVICES
 PERFORMED  OR TO BE PERFORMED OR GOODS SOLD OR TO BE SOLD, WHERE COMPET-
 ITIVE BIDDING IS REQUIRED BY STATUTE, RULE OR REGULATION, AND WHERE SUCH
 BID CONTAINS THE CERTIFICATION OR WRITTEN POLICY REFERRED TO IN SUBDIVI-
 SION ONE OF THIS SECTION, SHALL BE DEEMED TO HAVE BEEN AUTHORIZED BY THE
 BOARD OF DIRECTORS OF THE BIDDER, AND SUCH AUTHORIZATION SHALL BE DEEMED
 TO INCLUDE THE SIGNING AND SUBMISSION OF THE BID AND THE INCLUSION THER-
 EIN OF THE CERTIFICATE ON  HUMAN  TRAFFICKING  AND  WRITTEN  POLICY  FOR
 PREVENTING HUMAN TRAFFICKING AS THE ACT AND DEED OF THE CORPORATION.
   5.  FOR THE PURPOSES OF THIS SECTION, THE TERM "ENGAGED IN HUMAN TRAF-
 FICKING" SHALL NOT BE CONSTRUED TO INCLUDE AN INDIVIDUAL WHO IS OR WAS A
 VICTIM OF HUMAN TRAFFICKING.
   § 2. Subdivision 7 of section 163 of the state finance law, as amended
 by section 10 of part L of chapter 55 of the laws of 2012, is amended to
 read as follows:
   7. Method of procurement. Consistent with the requirements of subdivi-
 sions three and four of this section, state agencies shall select  among
 permissible  methods  of  procurement  including, but not limited to, an
 invitation for bid, request for proposals or other means of solicitation
 pursuant to guidelines issued by the state  procurement  council.  State
 agencies  may  accept  bids  electronically  including submission of the
 statement of non-collusion required by section one hundred thirty-nine-d
 of this chapter, AND THE STATEMENT  ON  HUMAN  TRAFFICKING  AND  WRITTEN
 POLICY  FOR PREVENTING HUMAN TRAFFICKING REQUIRED BY SECTION ONE HUNDRED
 THIRTY-NINE-D-1 OF THIS CHAPTER, and, starting April first, two thousand
 twelve, and ending March thirty-first, two thousand  fifteen,  may,  for
 commodity,   service   and   technology   contracts  require  electronic
 submission as the sole method for the submission of bids for the  solic-
 itation.  State  agencies  shall undertake no more than eighty-five such
 electronic bid solicitations, none of which shall be  reverse  auctions,
 prior  to April first, two thousand fifteen. In addition, state agencies
 may conduct up to twenty  reverse  auctions  through  electronic  means,
 prior to April first, two thousand fifteen. Prior to requiring the elec-
 tronic  submission of bids, the agency shall make a determination, which
 shall  be  documented  in  the  procurement  record,   that   electronic
 submission  affords  a fair and equal opportunity for offerers to submit
 responsive offers. Within thirty days of the completion of  the  eighty-
 fifth  electronic  bid  solicitation,  or  by  April first, two thousand
 fifteen, whichever is earlier, the commissioner shall prepare  a  report

 A. 6380--B                          3
 
 assessing  the  use  of  electronic submissions and make recommendations
 regarding future use of this procurement  method.  In  addition,  within
 thirty  days  of the completion of the twentieth reverse auction through
 electronic  means, or by April first, two thousand fifteen, whichever is
 earlier, the commissioner shall prepare a report assessing  the  use  of
 reverse  auctions  through  electronic  means  and  make recommendations
 regarding future use of this procurement method. Such reports  shall  be
 published on the website of the office of general services. Except where
 otherwise  provided by law, procurements shall be competitive, and state
 agencies shall conduct formal competitive procurements  to  the  maximum
 extent  practicable.  State agencies shall document the determination of
 the method of procurement and the basis  of  award  in  the  procurement
 record.  Where  the  basis  for award is the best value offer, the state
 agency shall document, in the procurement record and in advance  of  the
 initial receipt of offers, the determination of the evaluation criteria,
 which  whenever  possible,  shall be quantifiable, and the process to be
 used in the determination of best value and  the  manner  in  which  the
 evaluation process and selection shall be conducted.
   §  3.  This  act shall take effect on the ninetieth day after it shall
 have become a law and shall only apply to contracts entered into  on  or
 after  such  effective  date;  provided  however, that the amendments to
 subdivision 7 of section 163 of the state finance law  made  by  section
 two of this act shall not affect the repeal of such section and shall be
 deemed repealed therewith.