S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7169
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                               April 3, 2025
                                ___________
 
 Introduced  by  Sen.  CLEARE -- 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  state
   contractors submit a statement on human trafficking
 
   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
 139-d-1 to read as follows:
   §  139-D-1.  STATEMENT  ON HUMAN TRAFFICKING IN BIDS TO THE STATE.  1.
 (A) EVERY BID HEREAFTER MADE TO THE  STATE  OR  ANY  PUBLIC  DEPARTMENT,
 AGENCY  OR  OFFICIAL  THEREOF,  WHERE COMPETITIVE BIDDING IS REQUIRED BY
 STATUTE, RULE OR REGULATION, FOR WORK OR SERVICES  PERFORMED  OR  TO  BE
 PERFORMED  OR  GOODS  SOLD  OR  TO  BE SOLD, SHALL CONTAIN THE FOLLOWING
 STATEMENT SUBSCRIBED BY THE BIDDER AND AFFIRMED BY SUCH BIDDER  AS  TRUE
 UNDER THE PENALTIES OF PERJURY:
   "BY  SUBMISSION  OF  THIS  BID, EACH BIDDER AND EACH PERSON SIGNING ON
 BEHALF OF ANY BIDDER CERTIFIES, AND IN THE CASE  OF  A  JOINT  BID  EACH
 PARTY  THERETO  CERTIFIES  AS  TO ITS OWN ORGANIZATION, UNDER PENALTY OF
 PERJURY, THAT TO THE BEST OF SUCH PERSON'S  KNOWLEDGE  AND  BELIEF,  THE
 GOODS,  WORK OR SERVICES TO BE SUPPLIED OR PERFORMED WILL BE SUPPLIED OR
 PERFORMED WITHOUT DOING BUSINESS WITH ANY ORGANIZATION, PERSON, OR ENTI-
 TY THAT IS ENGAGING IN HUMAN TRAFFICKING."
   (B) IN ADDITION TO THE STATEMENT REQUIRED BY  PARAGRAPH  (A)  OF  THIS
 SUBDIVISION,  ANY  BIDDER THAT MAINTAINS A WRITTEN POLICY FOR PREVENTING
 HUMAN TRAFFICKING WITHIN ITS OPERATIONS, BUSINESS DEALINGS,  AND  SUPPLY
 CHAIN  SHALL  SUBMIT  TO  THE  STATE OR ANY PUBLIC DEPARTMENT, AGENCY OR
 OFFICIAL THEREOF SOLICITING SUCH BID SUCH CURRENT  WRITTEN  POLICY  WHEN
 SUBMITTING SUCH STATEMENT.
   2.  NOTWITHSTANDING  THE FOREGOING, THE STATEMENT ON HUMAN TRAFFICKING
 OR WRITTEN POLICY FOR PREVENTING HUMAN TRAFFICKING REQUIRED PURSUANT  TO
 SUBDIVISION  ONE  OF  THIS  SECTION  MAY  BE SUBMITTED ELECTRONICALLY IN
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02165-01-5
              

 S. 7169                             2
 
 ACCORDANCE WITH THE PROVISIONS  OF  SUBDIVISION  SEVEN  OF  SECTION  ONE
 HUNDRED SIXTY-THREE OF THIS CHAPTER.
   3. A BID SHALL NOT BE CONSIDERED FOR AWARD NOR SHALL ANY AWARD BE MADE
 WHERE  SUBDIVISION  ONE  OF  THIS  SECTION  HAS  NOT BEEN COMPLIED WITH;
 PROVIDED HOWEVER, THAT IF IN ANY CASE THE BIDDER CANNOT MAKE THE FOREGO-
 ING CERTIFICATION, THE BIDDER SHALL SO STATE AND SHALL FURNISH WITH  THE
 BID A SIGNED STATEMENT WHICH SETS FORTH IN DETAIL THE REASONS THEREFOR.
   4. ANY BID HEREAFTER MADE TO THE STATE OR ANY PUBLIC DEPARTMENT, AGEN-
 CY  OR  OFFICIAL  THEREOF  BY  A  CORPORATE  BIDDER FOR WORK OR SERVICES
 PERFORMED OR TO BE PERFORMED OR GOODS SOLD OR TO BE SOLD, WHERE  COMPET-
 ITIVE BIDDING IS REQUIRED BY STATUTE, RULE OR REGULATION, AND WHERE SUCH
 BID CONTAINS THE CERTIFICATION OR WRITTEN POLICY REFERRED TO IN SUBDIVI-
 SION ONE OF THIS SECTION, SHALL BE DEEMED TO HAVE BEEN AUTHORIZED BY THE
 BOARD OF DIRECTORS OF THE BIDDER, AND SUCH AUTHORIZATION SHALL BE DEEMED
 TO INCLUDE THE SIGNING AND SUBMISSION OF THE BID AND THE INCLUSION THER-
 EIN  OF  THE  CERTIFICATE  ON  HUMAN  TRAFFICKING AND WRITTEN POLICY FOR
 PREVENTING HUMAN TRAFFICKING AS THE ACT AND DEED OF THE CORPORATION.
   5. FOR THE PURPOSES OF THIS SECTION, THE TERM "ENGAGING IN HUMAN TRAF-
 FICKING" SHALL NOT BE CONSTRUED TO INCLUDE AN INDIVIDUAL WHO IS OR WAS A
 VICTIM OF HUMAN TRAFFICKING.
   § 2. Subdivision 7 of section 163 of the state finance law, as amended
 by section 1 of part R of chapter 55 of the laws of 2023, is amended  to
 read as follows:
   7. Method of procurement. Consistent with the requirements of subdivi-
 sions  three and four of this section, state agencies shall select among
 permissible methods of procurement including, but  not  limited  to,  an
 invitation for bid, request for proposals or other means of solicitation
 pursuant  to  guidelines  issued by the state procurement council. State
 agencies may accept bids  electronically  including  submission  of  the
 statement of non-collusion required by section one hundred thirty-nine-d
 of  this  chapter,  [and]  the  statement  of  certification required by
 section one hundred thirty-nine-l of this chapter, AND THE STATEMENT  ON
 HUMAN  TRAFFICKING  AND  WRITTEN POLICY FOR PREVENTING HUMAN TRAFFICKING
 REQUIRED BY SECTION ONE HUNDRED THIRTY-NINE-D-1 OF THIS CHAPTER.  Except
 where  otherwise provided by law, procurements shall be competitive, and
 state agencies shall conduct  formal  competitive  procurements  to  the
 maximum  extent  practicable. State agencies shall document the determi-
 nation of the method of procurement  and  the  basis  of  award  in  the
 procurement  record.  Where the basis for award is the best value offer,
 the state agency shall  document,  in  the  procurement  record  and  in
 advance of the initial receipt of offers, the determination of the eval-
 uation criteria, which whenever possible, shall be quantifiable, and the
 process  to be used in the determination of best value and the manner in
 which the evaluation process and selection shall be conducted.
   § 3. This act shall take effect on the ninetieth day  after  it  shall
 have  become  a law and shall only apply to contracts entered into on or
 after such effective date; provided  however,  that  the  amendments  to
 subdivision  7  of  section 163 of the state finance law made by section
 two of this act shall not affect the repeal of such section and shall be
 deemed repealed therewith.