S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6025
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              March 27, 2023
                                ___________
 
 Introduced  by  Sen.  MAY  --  read  twice and ordered printed, and when
   printed to be committed to the Committee on Procurement and Contracts
 
 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
              
             
                          
                 S. 6025                             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.