S T A T E O F N E W Y O R K
________________________________________________________________________
3244
2023-2024 Regular Sessions
I N A S S E M B L Y
February 2, 2023
___________
Introduced by M. of A. EPSTEIN -- read once and referred to the Commit-
tee on Governmental Operations
AN ACT to amend the state finance law, in relation to requiring consid-
eration of union made commodities and services in the awarding of
certain procurement contracts
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph j of subdivision 1 of section 163 of the state
finance law, as amended by chapter 569 of the laws of 2015, is amended
to read as follows:
j. "Best value" means the basis for awarding contracts for services to
the offerer which optimizes quality, cost and efficiency, among respon-
sive and responsible offerers. Such basis shall reflect, wherever possi-
ble, objective and quantifiable analysis. Such basis may also identify a
quantitative factor for offerers that are small businesses, certified
minority- or women-owned business enterprises as defined in subdivisions
one, seven, fifteen and twenty of section three hundred ten of the exec-
utive law or service-disabled veteran-owned business enterprises as
defined in subdivision one of section three hundred sixty-nine-h of the
executive law to be used in evaluation of offers for awarding of
contracts for services. SUCH BASIS SHALL ALSO IDENTIFY AS A QUANTITA-
TIVE FACTOR WHETHER THE COMMODITIES OR SERVICES OFFERED WERE MANUFAC-
TURED BY OR WILL BE PERFORMED BY MEMBERS OF A LABOR ORGANIZATION AS
DEFINED IN SECTION TWO HUNDRED NINETY-TWO OF THE EXECUTIVE LAW.
§ 2. Paragraph j of subdivision 1 of section 163 of the state finance
law, as amended by section 28 of part PP of chapter 56 of the laws of
2022, is amended to read as follows:
j. "Best value" means the basis for awarding contracts for services to
the offerer which optimizes quality, cost and efficiency, among respon-
sive and responsible offerers. Such basis shall reflect, wherever possi-
ble, objective and quantifiable analysis. Such basis may also identify a
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04734-01-3
A. 3244 2
quantitative factor for offerers that are small businesses, certified
minority- or women-owned business enterprises as defined in subdivisions
one, seven, fifteen and twenty of section three hundred ten of the exec-
utive law or service-disabled veteran-owned business enterprises as
defined in subdivision one of section forty of the veterans' services
law to be used in evaluation of offers for awarding of contracts for
services. SUCH BASIS SHALL ALSO IDENTIFY AS A QUANTITATIVE FACTOR
WHETHER THE COMMODITIES OR SERVICES OFFERED WERE MANUFACTURED BY OR WILL
BE PERFORMED BY MEMBERS OF A LABOR ORGANIZATION AS DEFINED IN SECTION
TWO HUNDRED NINETY-TWO OF THE EXECUTIVE LAW.
§ 3. This act shall take effect on the thirtieth day after it shall
have become a law; provided, however, that the amendments to paragraph j
of subdivision 1 of section 163 of the state finance law made by section
two of this act shall take effect on the same date and in the same
manner as part PP of chapter 56 of the laws of 2022, takes effect; and
provided further that the amendments to paragraph j of subdivision 1 of
section 163 of the state finance law made by sections one and two of
this act shall not affect the repeal of such section and shall be deemed
to be repealed therewith.