S T A T E O F N E W Y O R K
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1432
2025-2026 Regular Sessions
I N S E N A T E
January 9, 2025
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Introduced by Sens. BORRELLO, OBERACKER, O'MARA, PALUMBO -- 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 allowing for
in-state suppliers to receive preference in certain situations when
the state is awarding contracts
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The state finance law is amended by adding a new section
149 to read as follows:
§ 149. IN-STATE SUPPLIER PREFERENCE FOR STATE CONTRACTS. 1. FOR
PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING
MEANINGS:
(A) "STATE AGENCY" SHALL HAVE THE SAME MEANING AS DEFINED IN SECTION
ONE HUNDRED SEVENTY-NINE-E OF THIS CHAPTER.
(B) "EXISTING IN-STATE SUPPLIER" SHALL MEAN AN INDIVIDUAL OR ENTITY
WHO IS RESIDENT IN THE STATE AND REGULARLY AND CONSISTENTLY DOES A
MAJORITY OF THEIR BUSINESS WITHIN THE STATE WHO IS ABLE TO PROVIDE GOODS
OR SERVICES THAT THE STATE IS LOOKING TO CONTRACT FOR.
2. WHEN A STATE CONTRACT FOR THE PURCHASE OF GOODS OR SERVICES IS TO
BE MADE AND AWARDED TO THE LOWEST RESPONSIBLE BIDDER, AN OTHERWISE QUAL-
IFIED BIDDER WHO WILL FULFILL THE CONTRACT WHO IS AN EXISTING IN-STATE
SUPPLIER OF SUCH GOODS OR SERVICES SHALL BE ALLOWED TO MATCH THE BID OF
THE LOWEST RESPONSIBLE BIDDER BEFORE ANY CONTRACT IS MADE AND AWARDED BY
THE STATE OR BY ANY STATE AGENCY IF SUCH LOWEST RESPONSIBLE BIDDER IS
NOT AN EXISTING IN-STATE SUPPLIER, PROVIDED THAT THE COST INCLUDED IN
THE BID OF SUCH EXISTING IN-STATE SUPPLIER IS NOT MORE THAN FIFTEEN
PERCENT GREATER THAN THE COST INCLUDED IN THE BID OF THE LOWEST RESPON-
SIBLE BIDDER WHO IS NOT AN EXISTING IN-STATE SUPPLIER.
3. IF AN OTHERWISE QUALIFIED BIDDER WHO IS AN EXISTING IN-STATE
SUPPLIER CHOOSES TO MATCH THE LOWEST RESPONSIBLE BIDDER WHO IS NOT AN
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04467-01-5
S. 1432 2
EXISTING IN-STATE SUPPLIER, THEN THE STATE OR A STATE AGENCY MAY GIVE
PREFERENCE TO SUCH EXISTING IN-STATE SUPPLIER WHEN MAKING AND AWARDING
SUCH CONTRACT.
§ 2. This act shall take effect immediately.