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.