NY State Senate Bill 2015-S4856

Senate Bill S4856

Signed By Governor

2015-2016 Legislative Session

Authorizes state agencies to use discretionary purchasing authority for procurements from service-disabled veteran-owned businesses

download bill text pdf

Archive: Last Bill Status Via A7580 - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 21, 2015	signed chap.569
Dec 09, 2015	delivered to governor
Jun 15, 2015	returned to assembly passed senate substituted for s4856
Jun 15, 2015	substituted by a7580 ordered to third reading cal.1539 committee discharged and committed to rules
Apr 22, 2015	referred to finance

Votes

- Jun 15, 2015 - Floor Vote
  A7580
  
  62
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 15, 2015
      
      aye (62)
      
      Addabbo Jr.
      
      Amedore
      
      Avella
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Espaillat
      
      Farley
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Hassell-Thompson
      
      Hoylman-Sigal
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Marchione
      
      Martins
      
      Montgomery
      
      Murphy
      
      Nozzolio
      
      O'Mara
      
      Ortt
      
      Panepinto
      
      Parker
      
      Peralta
      
      Perkins
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sampson
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Skelos
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Venditto
      
      Young
      
      excused (1)
      
      Libous
  Jun 15, 2015 - Rules Committee Vote
  S4856
  
  24
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 15, 2015
      
      aye (24)
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Dilan
      
      Espaillat
      
      Farley
      
      Flanagan
      
      Gianaris
      
      Hannon
      
      Hassell-Thompson
      
      Krueger
      
      LaValle
      
      Larkin
      
      Little
      
      Marcellino
      
      Montgomery
      
      Nozzolio
      
      Parker
      
      Seward
      
      Skelos
      
      Stewart-Cousins
      
      Valesky
      
      Young
      
      aye wr (1)
      
      Perkins

co-Sponsors

2015-S4856 (ACTIVE) - Details

See Assembly Version of this Bill:: A7580
Law Section:: State Finance Law
Laws Affected:: Amd §163, St Fin L

2015-S4856 (ACTIVE) - Summary

Authorizes state agencies to use discretionary purchasing authority for procurements from service-disabled veteran-owned businesses.

2015-S4856 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S4856

TITLE OF BILL:

An act to amend the state finance law, in relation to authorizing
state agencies to use discretionary purchasing authority for
procurements from service-disabled veteran-owned business

Purpose of Bill:

To encourage State agencies to purchase commodities and services from
service-disabled veteran-owned businesses, this bill would amend the
State Finance Law (i) to allow State agencies to identify a
quantitative factor for service-disabled veteran-owned businesses in
best value procurement evaluations and (ii) to permit State agencies
to make discretionary purchases of up to $200,000 from such
businesses.

Summary of Provisions:

Section 1 of this bill would amend State Finance Law § 163(1)(j) to
permit the use of a quantitative factor in best value procurement
evaluations for participation by service-disabled veteran-owned
businesses ("SDVOBs"). Section 2 of this bill would amend State
Finance Law § 163(6) to broaden the $200,000 discretionary purchasing
authority of State agencies to include purchases of commodities and

services from SDVOBs.

Existing Law:

State Finance Law § 163(1)(j) permits the use of a quantitative factor
in best value procurements relating to recognizing participation by
minority- and women-owned businesses ("MWBEs") and small businesses
State Finance Law § 163(6) currently provides State agencies with
$200,000 of discretionary purchasing authority for procurements
without a formal competitive process from MWBEs and small businesses.

Prior Legislative History:

None

Statement in Support:

Chapter 22 of the Laws of 2014 enacted a new Article 17-B of the
Executive Law, which creates a new Division of Service-Disabled
Veteran-Owned Business Development in the Office of General Services.
The Division is empowered to certify qualified SDVOBs and to increase
opportunities for such certified businesses to have more opportunities
to participate in public procurements. Executive Law § 369-j(c)
establishes a Statewide goal of six percent for participation of
certified SDVOBs in State procurement contracts.

The definition of the term "best value" in State Finance Law
163(I)(j) currently permits State agencies to use a quantitative
factor to encourage the participation of small businesses and MWBEs in
best value procurements This bill would permit State agencies to use a
quantitative factor for SDVOBs. Pursuant to State Finance Law


163(6), State agencies have discretion to purchase up to $200,000 of
commodities, services and technology from MWBEs and small businesses.
This bill would allow discretionary purchases of up to $200,000 from
SDVOBs.

The use of quantitative factors in best value procurements and the use
of discretionary purchasing have been valuable tools for State
agencies in meeting their MWBE participation goals. Facilitating
participation by SDVOBs through the use of a quantitative factor in
best value procurements and broadening the discretionary purchasing
authority to include SDVOBs would similarly help State agencies meet
their SDVOB participation goals and would further the aims of this new
program.

Budget Implications:

This bill would have no fiscal implications for the State.

Local Impact:

Not known.

Effective Date:

This bill would take effect immediately.

2015-S4856 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4856

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             April 22, 2015
                               ___________

Introduced  by  Sen.  CROCI  --  (at  request  of  the Office of General
  Services) -- 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 authorizing state
  agencies to use discretionary purchasing  authority  for  procurements
  from service-disabled veteran-owned business

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

  Section 1. Paragraph j of subdivision 1 of section 163  of  the  state
finance law, as amended by section 2 of part L of chapter 55 of the laws
of 2012, is amended to read as follows:
  j. "Best value" means the basis for awarding contracts for services to
the  offerer which optimizes quality, cost and efficiency, among respon-
sive and responsible offerers. Such basis shall reflect, wherever possi-
ble, objective and quantifiable analysis. Such basis may also identify a
quantitative factor for offerers that are small businesses [or],  certi-
fied  minority- or women-owned business enterprises as defined in subdi-
visions one, seven, fifteen and twenty of section three hundred  ten  of
the executive law OR SERVICE-DISABLED VETERAN-OWNED BUSINESS ENTERPRISES
AS  DEFINED  IN SUBDIVISION ONE OF SECTION THREE HUNDRED SIXTY-NINE-H OF
THE EXECUTIVE LAW to be used in evaluation of  offers  for  awarding  of
contracts for services.
  S 2. Subdivision 6 of section 163 of the state finance law, as amended
by  section 1 of part P of chapter 55 of the laws of 2013, is amended to
read as follows:
  6. Discretionary buying thresholds. Pursuant to guidelines established
by the state procurement council: the commissioner may purchase services
and commodities in an amount not exceeding eighty-five thousand  dollars
without  a  formal  competitive  process;  state  agencies  may purchase
services and commodities in  an  amount  not  exceeding  fifty  thousand
dollars  without  a  formal  competitive process; and state agencies may

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09536-01-5

S. 4856                             2

purchase commodities or services from small business concerns  or  those
certified  pursuant  to  [article] ARTICLES fifteen-A AND SEVENTEEN-B of
the executive law, or commodities or technology  that  are  recycled  or
remanufactured,  or  commodities  that are food, including milk and milk
products, grown, produced or harvested in New York state  in  an  amount
not  exceeding two hundred thousand dollars without a formal competitive
process.
  S 3. This act shall take effect immediately;  provided  however,  that
the  amendments to 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 therewith.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Senate Bill S4856

Share this bill

Sponsored By

Thomas D. Croci