S T A T E O F N E W Y O R K
________________________________________________________________________
921
2019-2020 Regular Sessions
I N S E N A T E
January 9, 2019
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Introduced by Sens. YOUNG, BOYLE, GRIFFO, HELMING, ORTT, SEPULVEDA,
SEWARD -- 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 the definition of
prevailing market price and in relation to preferred source subcon-
tracts
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 6 of section 162 of the state finance law is
amended by adding a new paragraph g to read as follows:
G. FOR THE PURPOSES OF THIS SUBDIVISION ONLY, "PREVAILING MARKET
PRICE" SHALL MEAN THE AVERAGE PRICE AT WHICH VENDORS OF THE SAME OR
SIMILAR PRODUCT OR SERVICE REGULARLY ENGAGED IN THE BUSINESS OF SELLING
SUCH PRODUCT OR SERVICE OFFERS TO SELL SUCH PRODUCT OR SERVICE UNDER
SIMILAR TERMS IN THE SAME MARKET.
§ 2. Section 162 of the state finance law is amended by adding a new
subdivision 6-a to read as follows:
6-A. PREFERRED SOURCE SUBCONTRACTS. PURSUANT TO GUIDELINES ESTABLISHED
BY THE STATE PROCUREMENT COUNCIL, A PREFERRED SOURCE MAY SUBCONTRACT AN
INCIDENTAL PORTION OF A CONTRACT TO A VENDOR THAT IS OR IS NOT A
PREFERRED SOURCE, PROVIDED THAT SUCH SUBCONTRACT DOES NOT DIMINISH BONA
FIDE EMPLOYMENT OPPORTUNITIES FOR PERSONS WHO COULD OTHERWISE BE NEW
CLIENTS OF AN ENTITY PREVIOUSLY ACCORDED PREFERRED SOURCE STATUS. SUCH
SUBCONTRACT SHALL BE INTEGRAL TO THE SERVICE BEING DELIVERED BY THE
PROVIDING PREFERRED SOURCE AGENCY.
§ 3. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01459-02-9