Assembly Bill A10881

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10881
 
                           I N  A S S E M B L Y
 
                               April 8, 2026
                                ___________
 
 Introduced by M. of A. RAJKUMAR -- read once and referred to the Commit-
   tee on Governmental Operations
 
 AN  ACT  to  amend  the  state  finance  law,  in  relation to providing
   increased accountability where it concerns contract decisions; and  to
   amend  chapter  83  of the laws of 1995 amending the state finance law
   and other laws relating to bonds, notes and revenues, in  relation  to
   the effectiveness of certain provisions thereof
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph c of subdivision 1 of section 163  of  the  state
 finance  law,  as amended by chapter 137 of the laws of 2008, is amended
 to read as follows:
   c. "Responsible" or  "responsibility"  means  the  financial  ability,
 legal capacity, integrity, SECURITY PROCEDURES and past performance of a
 business  entity  and  as  such  terms have been interpreted relative to
 public procurements.
   § 2. Paragraphs (c) and (d) of subdivision 6 of  section  163  of  the
 state  finance  law, paragraph (c) as amended by chapter 110 of the laws
 of 2024 and paragraph (d) as amended by section 1 of part MM of  chapter
 58 of the laws of 2025, are amended to read as follows:
   (c)  state  agencies  may  purchase commodities or services from small
 business concerns, or commodities or technology  that  are  recycled  or
 remanufactured  in  an  amount not exceeding [five] ONE hundred thousand
 dollars without a formal competitive process;
   (d) state agencies may purchase commodities  or  services  from  those
 certified pursuant to article fifteen-A of the executive law and article
 three  of  the  veterans'  services  law in an amount not exceeding [one
 million] five hundred thousand  dollars  without  a  formal  competitive
 process; and
   § 3. Subparagraph (i) of paragraph b and paragraph d of subdivision 10
 of section 163 of the state finance law, subparagraph (i) of paragraph b
 as  amended  by chapter 137 of the laws of 2008 and paragraph d as added
 by chapter 83 of the laws of 1995, are amended to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15168-01-6
              

 A. 10881                            2
 
   (i) Single or sole source procurements for services or commodities, or
 procurements made to meet emergencies arising  from  unforeseen  causes,
 may  be made without a formal competitive process and shall only be made
 under [unusual circumstances] A  DECLARATION  OF  A  DISASTER  EMERGENCY
 PURSUANT  TO SECTION TWENTY-EIGHT OF THE EXECUTIVE LAW and shall include
 a determination by the [commissioner or the] state [agency]  COMPTROLLER
 that  the  specifications  or  requirements  for said purchase have been
 designed in a fair and equitable manner.  The  purchasing  agency  shall
 document in the procurement record, subject to review by the state comp-
 troller,  the bases for a determination to purchase from a single source
 or sole source, or the nature  of  the  emergency  giving  rise  to  the
 procurement.
   d. It shall be in the discretion of the commissioner [or], state agen-
 cy,  STATE  COMPTROLLER OR GOVERNOR to require a bond or other guarantee
 of performance, and to approve the amount, form and sufficiency thereof.
   § 4. Subparagraphs (xii) and (xiii) of paragraph b of  subdivision  14
 of  section 163 of the state finance law, as added by chapter 317 of the
 laws of 2014, are amended and a new subparagraph (xiv) is added to  read
 as follows:
   (xii)  number  of  bids/proposals  received by the contracting agency;
 [and]
   (xiii) subtotals as deemed applicable[.]; AND
   (XIV) ANY RELATIONSHIP PERTINENT TO COMPLIANCE WITH  SECTION  SEVENTY-
 FOUR OF THE PUBLIC OFFICERS LAW.
   § 5. Paragraph a of subdivision 15 of section 163 of the state finance
 law,  as added by chapter 317 of the laws of 2014, is amended to read as
 follows:
   a. State agencies shall report annually, on a fiscal year  basis,  [by
 July  first  of] NO LATER THAN SIXTY DAYS INTO the ensuing [year] FISCAL
 QUARTER to the state procurement council, the governor, the  legislative
 fiscal  committees  and the state comptroller the total number and total
 dollar value of single source contracts awarded by the agency during the
 fiscal year, and the percentage such contracts represent of the agency's
 total number and total  dollar  value  of  contract  awards  during  the
 reporting period.
   §  6.  Subdivision  5 of section 362 of chapter 83 of the laws of 1995
 amending the state finance law and other laws relating to  bonds,  notes
 and  revenues,  as  amended by section 1 of part RR of chapter 55 of the
 laws of 2021, is amended to read as follows:
   5. Sections thirty-one through forty-two of this act shall take effect
 on the thirtieth day after it shall have  become  a  law  and  shall  be
 deemed to have been in full force and effect on and after April 1, 1995;
 provided  that section 163 of the state finance law, as added by section
 thirty-three of this act shall remain in full  force  and  effect  until
 June  30,  [2026]  2029  at  which  time  it  shall expire and be deemed
 repealed. Contracts executed prior to the expiration of such section 163
 shall remain in full force and effect until the expiration of  any  such
 contract  notwithstanding  the  expiration of certain provisions of this
 act.
   § 7. This act shall take effect immediately; provided,  however,  that
 the  amendments  made  to  section  163 of the state finance law made by
 sections one, two, three, four and five of this act shall not affect the
 repeal of such section and shall be deemed repealed therewith.