NY State Senate Bill S5486B

Archive: Last Bill Status - In Senate Committee Finance Committee

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed/Vetoed by Governor

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Actions

view actions (6)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to finance
Jun 15, 2017	print number 5486b
Jun 15, 2017	amend and recommit to finance
Jun 13, 2017	print number 5486a
Jun 13, 2017	amend (t) and recommit to finance
Mar 31, 2017	referred to finance

Bill Amendments

Original

B (Active)

Original

B (Active)

S5486 - Details

See Assembly Version of this Bill:: A6380
Current Committee:: Senate Finance
Law Section:: State Finance Law
Laws Affected:: Add §139-d-1, amd §163, St Fin L
Versions Introduced in Other Legislative Sessions:: 2015-2016: A8403
2019-2020: S6660, A8061
2021-2022: S1216, S8080
2023-2024: S4235

S5486 - Summary

Requires state contractors to submit a statement on preventing human trafficking in bids to the state and maintain a written policy for preventing human trafficking within its operations, business dealings, and supply chain and provide to the state a copy of such policy when submitting such statement.

S5486 - Sponsor Memo

 BILL NUMBER:  S5486

 TITLE OF BILL :  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 within their supply chains

 PURPOSE OR GENERAL IDEA OF BILL :

Requires state contractors and municipalities and public authorities
receiving state funds to have and disclose their policies on
preventing human trafficking within their supply chains.

 SUMMARY OF PROVISIONS :

Section 1 amends State finance law by adding a new § 148 mandating
that current vendors and entities seeking future business with the
state disclose the measures they take to combat supply chain human
trafficking. Section 2 amends finance law by adding a new § 53-e,
applying vendor supply chain trafficking policy disclosure
requirements to municipalities, authorities and agencies.

 DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE) :

N/A

 JUSTIFICATION :

Human trafficking involves the modern-day recruitment, transportation,
or sale of people for forced labor. Through violence, threats, and
coercion, these victims are forced to work in, among other things, the
sex trade, domestic labor, factories, hotels, and agriculture.
According to the 2007 U.S. Department of State's Human Smuggling and
Trafficking Center report, "Trafficking in Persons, "there are an
estimated 600,000-800,000 men, women, and children trafficked across
international borders each year. Of these, approximately 70% are women
and girls, and perhaps most disturbing of all, up to 50% of the
victims of human trafficking are children. A 2009 United Nations
report stated that around 20% of all trafficking victims are
children.Human trafficking is estimated to be the third largest
international crime industry, according to the United Nations Office
on Drugs and Crime. Between 14,500 and 17,500 people are trafficked
into the U.S. each year, according to a 2005 report from the U.S.
State Department. Trafficked individuals are moved from one location
to another, typically by coercion, deception, or fraud, and find
themselves subject to exploitation. Those who ultimately arrive in
forced labor conditions have not offered themselves up for work
voluntarily and are forced to work under menace of penalty and injury.

Equipment and goods, whether being marketed to the State or used
internally, is frequently manufactured in countries with prevalent
slave workforces. The metals and minerals comprising that equipment or
almost anything for that matter are often procured from foreign '
sources employing forced labor. Even oil, gas, and petroleum based
products such as plastics obtained from U.S. sources are potentially
touched by slavery. The U.S. Department of State's comprehensive
report on human trafficking summarized the impact of human trafficking
and slavery in consumers' everyday lives, and diagnosed strategies to
combat the problem. The report states: "With the majority of modern
slaves in agriculture and mining around the world and forced labor
prevalent in cotton, chocolate, steel, rubber, tin, tungsten, coltan,
sugar, and seafood it is impossible to get dressed, drive to work,
talk on the phone, or eat a meal without touching products tainted by
forced labor? Even reputable companies can profit from abuse when they
do not protect their supply chain whether at the level of raw
materials, parts, or final products from modern slavery.Consumer
spending and corporate investment in business are leverage points that
can turn around a system that has for too long allowed traffickers and
economies to operate with impunity. There is an increasing push for
consumer transparency, certification, and more rigorous regulation?
Research suggests companies investing in fair labor practices and
labeling their products accordingly improve conditions on the ground
and drive up the demand for, and price of, their products." Human
trafficking is a despicable crime in which victims are exploited by
vile predators.  Innocent people - mostly women and helpless children
are taken advantage of, exploited and forced into heartbreaking
situations. It is every person's basic right to live in freedom, and
this legislation will be a significant step towards achieving that
goal.

 PRIOR LEGISLATIVE HISTORY :

(2015-2016) A8403 Referred to governmental operations

 FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS :

None

 EFFECTIVE DATE :
This act shall take effect immediately

S5486 - Bill Text download pdf


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

                                  5486

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                             March 31, 2017
                               ___________

Introduced by Sen. ALCANTARA -- read twice and ordered printed, and when
  printed to be committed to the Committee on Finance

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

S5486A - Details

See Assembly Version of this Bill:: A6380
Current Committee:: Senate Finance
Law Section:: State Finance Law
Laws Affected:: Add §139-d-1, amd §163, St Fin L
Versions Introduced in Other Legislative Sessions:: 2015-2016: A8403
2019-2020: S6660, A8061
2021-2022: S1216, S8080
2023-2024: S4235

S5486A - Summary

S5486A - Sponsor Memo

 BILL NUMBER:  S5486A

 TITLE OF BILL :  An act to amend the state finance law, in relation
to requiring state contractors submit a statement on human trafficking

 PURPOSE OR GENERAL IDEA OF BILL :

The purpose of this bill is to require all parties submitting bids for
competitively bid state procurement contracts to affirm under penalty
of perjury that the goods, work or services will be supplied or
performed without doing business with any organization, person or
entity engaged in human trafficking and to submit their written
anti-human trafficking policy, if any.

 SUMMARY OF PROVISIONS :

Section 1 amends the State Finance Law by adding a new § 139-d1
mandating affirmation from parties submitting bids for competitively
bid procurements, that it will not transact business with any
organization, person or entity engaged in human trafficking. Bids,
will not be considered for award where the affirmation has not been
made.

In addition, bidders that maintain a written policy for preventing
human trafficking within its operations, business dealings, and supply
chain would be required to submit its policy when submitting its bid

to the government entity soliciting the bids.

This section also makes it clear that the term "engaged in human
trafficking" shall not be construed to include an individual who is or
was a victim of human trafficking.

Section 2 amends subdivision 7 of section 163 of the State Finance
Law, to allow electronic submissions of the required certification and
disclosure pursuant to § 139-d1 to state agencies soliciting bids for
procurement.

 DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE) :

Previous version required that any party bidding on procurements have
a policy in place for addressing human trafficking . The amended bill
requires state contractors to submit a statement on human trafficking,
and to submit a written policy if one exists.

disclose the measures they have taken to eliminate human trafficking
from the chain of commerce. All parties to procurement should conduct
audits and maintain procedures for addressing instances of human
trafficking within the chain of commerce.

 PRIOR LEGISLATIVE HISTORY :

(2015-2016) Referred to governmental operations.

 FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS :

None.

 EFFECTIVE DATE :
This act shall take effect on the 90th 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.

S5486A - Bill Text download pdf


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

                                 5486--A

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                             March 31, 2017
                               ___________

Introduced by Sen. ALCANTARA -- read twice and ordered printed, and when
  printed  to  be  committed  to  the  Committee on Finance -- 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:
  §  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."
  (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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09168-05-7

S. 5486--A                          2

  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
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

S. 5486--A                          3

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.

Co-Sponsors

S5486B (ACTIVE) - Details

See Assembly Version of this Bill:: A6380
Current Committee:: Senate Finance
Law Section:: State Finance Law
Laws Affected:: Add §139-d-1, amd §163, St Fin L
Versions Introduced in Other Legislative Sessions:: 2015-2016: A8403
2019-2020: S6660, A8061
2021-2022: S1216, S8080
2023-2024: S4235

S5486B (ACTIVE) - Summary

S5486B (ACTIVE) - Sponsor Memo

 BILL NUMBER:  S5486B

 TITLE OF BILL :  An act to amend the state finance law, in relation
to requiring state contractors submit a statement on human trafficking

 PURPOSE OR GENERAL IDEA OF BILL :

The purpose of this bill is to require all parties submitting bids for
competitively bid state procurement contracts to affirm under penalty
of perjury that the goods, work or services will be supplied or
performed without doing business with any organization, person or
entity engaging in human trafficking and to submit their written
anti-human trafficking policy, if any.

 SUMMARY OF PROVISIONS :


Section 1 amends the State Finance Law by adding a new § 139-d1
mandating affirmation from parties submitting bids for competitively
bid procurements, that it will not transact business with any
organization, person or entity engaging in human trafficking. Bids,
will not be considered for award where the affirmation has not been
made.

In addition, bidders that maintain a written policy for preventing
human trafficking within its operations, business dealings, and supply

chain would be required to submit its policy when submitting its bid
to the government entity soliciting the bids.

This section also makes it clear that the term "engaging in human
trafficking" shall not be construed to include an individual who is or
was a victim of human trafficking.


Section 2 amends subdivision 7 of section 163 of the State Finance
Law, to allow electronic submissions of the required certification and
disclosure pursuant to § 139-d1 to state agencies soliciting bids for
procurement.

 DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION

(IF APPLICABLE) :

Previous version required that any party bidding on procurements have
a policy in place for addressing human trafficking . The amended bill
requires state contractors to submit a statement on human trafficking,
and to submit a written policy if one exists.

The amended bill also clarifies that the term "engaging in human
trafficking" shall not be construed to include past or present victims
of human trafficking.

 PRIOR LEGISLATIVE HISTORY :


(2015-2016) Referred to governmental operations.

 FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS :

None.

 EFFECTIVE DATE :
This act shall take effect on the 90th 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.

S5486B (ACTIVE) - Bill Text download pdf


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

                                 5486--B

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                             March 31, 2017
                               ___________

Introduced by Sen. ALCANTARA -- read twice and ordered printed, and when
  printed  to  be  committed  to  the  Committee on Finance -- 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

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 ENGAGING 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
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.

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

                                                           LBD09168-07-7

S. 5486--B                          2

  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 "ENGAGING 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
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

S. 5486--B                          3

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.

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The New York State Senate

senate Bill S5486B

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senate Bill S5486B

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Marisol Alcantara

Archive: Last Bill Status - In Senate Committee Finance Committee

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Luis R. Sepúlveda

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