Actions

Text

STATE OF NEW YORK
________________________________________________________________________

7080

2011-2012 Regular Sessions

IN ASSEMBLY

April 12, 2011
___________

Introduced  by  M.  of A. J. MILLER, CROUCH, McDONOUGH, THIELE -- Multi-
  Sponsored by -- M. of A.   HAWLEY -- read once  and  referred  to  the
  Committee on Governmental Operations

AN  ACT to amend the state finance law, in relation to state procurement
  contracts

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Paragraph  c of subdivision 2 of section 163 of the state
finance law, as added by chapter 83 of the laws of 1995, is  amended  to
read as follows:
  c.  To  encourage  the  investment  of  the private and not-for-profit
sectors in New York state by making reasonable efforts  to  ensure  that
offerers  are  apprised  of procurement opportunities; by specifying the
elements of a responsive bid and disclosing  the  process  for  awarding
contracts  including,  if  applicable,  the  relative  importance and/or
weight of cost  and  the  overall  technical  criterion  for  evaluating
offers;  BY  EVALUATING RESPONSIVE BIDS IN SUCH A MANNER AS WILL REFLECT
AND ADJUST FOR SUCH UNAVOIDABLE COSTS OF DOING BUSINESS AS  ARE  IMPOSED
UPON  SUCH  BUSINESSES  BY  THEIR  RESPECTIVE  STATE GOVERNMENTS; and by
ensuring the procurement is conducted accordingly.
  S 2. Subdivision 10 of section 163 of the state finance law is amended
by adding a new paragraph g to read as follows:
  G. THE COMMISSIONER, WITH THE  ASSISTANCE  OF  THE  STATE  PROCUREMENT
COUNCIL,  IS  DIRECTED  TO  ESTABLISH  A  METHODOLOGY  OF EVALUATING ALL
RESPONSIVE BIDS IN SUCH A MANNER AS WILL REFLECT  AND  ADJUST  FOR  SUCH
UNAVOIDABLE  COSTS OF DOING BUSINESS AS ARE IMPOSED UPON SUCH BUSINESSES
BY THEIR RESPECTIVE STATE GOVERNMENTS. ONLY SUCH COSTS OF DOING BUSINESS
AS MAY BE DIRECTLY ATTRIBUTED TO TAXES, FEES, INSURANCE SUCH  AS  WORKER
COMPENSATION  AND OTHER DIRECT COSTS IMPOSED UPON A RESPONSIVE BIDDER BY
THEIR RESPECTIVE STATE GOVERNMENT SHALL BE CONSIDERED IN SUCH A  METHOD-
OLOGY.  ALL FACTORS RELATED TO LOCAL GOVERNMENT IMPOSITIONS, AND ANY AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08205-01-1
A. 7080                             2

ALL OTHER ECONOMIC OR OTHER NON-GOVERNMENT RELATED COSTS  SHALL  NOT  BE
INCLUDED  IN SUCH A METHODOLOGY. THIS METHODOLOGY SHALL NOT BE CONSTRUED
AS COMPRISING AN UNFAIR PREFERENCE IN FAVOR OF NEW YORK BUSINESSES,  AND
SHALL  BE DETERMINED BY THE COMMISSIONER AND THE STATE PROCUREMENT COUN-
CIL IN SUCH A FASHION AS TO BE FAIR AND NON-DISCRIMINATORY TOWARDS  BOTH
NEW  YORK  AND  OUT  OF  STATE  BIDDERS. ALL RESPONSIVE BIDDERS SHALL BE
EQUALLY ENTITLED AND REQUIRED TO HAVE THE TOTAL AMOUNTS OF  THEIR  FINAL
BID  ADJUSTED  AFTER SUBMISSION TO REFLECT SUCH STATE GOVERNMENT IMPOSED
COSTS IN SUCH FORM AS SHALL BE DETERMINED BY THE COMMISSIONER, WITH  THE
ASSISTANCE OF THE STATE PROCUREMENT COUNCIL, WITH THE FINAL BID DETERMI-
NATION TO BE MADE REFLECTIVE OF THIS ADJUSTED FIGURE.
  S  3.  This act shall take effect immediately; provided, however, that
the amendments to paragraph c of subdivision 2 of  section  163  of  the
state finance law and the amendments to subdivision 10 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 repealed there-
with.