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

                                         3982

                              2009-2010 Regular Sessions

                                 I N  A S S E M B L Y

                                   January 29, 2009
                                      ___________

       Introduced  by  M.  of  A.  CROUCH  --  Multi-Sponsored  by  -- M. of A.
         BACALLES, BURLING, FINCH, OAKS, RAIA -- read once and referred to  the
         Committee on Governmental Operations

       AN  ACT  to  amend  the state finance law, in relation to establishing a
         method for determining the lowest responsible bidder when  negotiating
         state contracts

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

    1    Section 1. Article 9 of the state finance law is amended by  adding  a
    2  new section 134 to read as follows:
    3    S 134. DECLARATION OF POLICY. 1. IT IS HEREBY DECLARED TO BE THE POLI-
    4  CY OF THIS STATE THAT THIS ARTICLE SHALL BE CONSTRUED IN THE NEGOTIATION
    5  OF CONTRACTS FOR PUBLIC WORKS AND PUBLIC PURCHASES TO WHICH THE STATE IS
    6  A  PARTY SO AS TO ASSURE THE PRUDENT AND ECONOMICAL USE OF PUBLIC MONEYS
    7  FOR THE BENEFIT OF ALL THE INHABITANTS OF THE STATE  AND  TO  FACILITATE
    8  THE  ACQUISITION OF FACILITIES AND COMMODITIES OF MAXIMUM QUALITY AT THE
    9  LOWEST POSSIBLE COST. THE STATE ALSO RECOGNIZES THAT THE LOWEST  RESPON-
   10  SIBLE  BID  FOR PUBLIC CONTRACTS MAY NOT SIMPLY BE A MONETARY AMOUNT BUT
   11  SHOULD ALSO INCORPORATE QUANTIFIABLE FISCAL BENEFITS TO  THE  STATE  AND
   12  THAT QUANTIFIABLE FISCAL BENEFITS TO THE STATE SHOULD BE SUBTRACTED FROM
   13  THE ACTUAL BID AMOUNT TO DETERMINE THE LOWEST RESPONSIBLE BIDDER.
   14    2.  THE COMPTROLLER SHALL ESTABLISH, IN CONSULTATION WITH THE HEADS OF
   15  STATE AGENCIES, A METHOD FOR DETERMINING THE LOWEST  RESPONSIBLE  BIDDER
   16  WHEN  NEGOTIATING  STATE  CONTRACTS  THAT WOULD INCORPORATE QUANTIFIABLE
   17  FISCAL BENEFITS INCLUDING, BUT NOT BE LIMITED TO, CONSIDERATION OF WHERE
   18  SUB-CONTRACTORS USED BY CONTRACTORS TO  FULFILL  A  STATE  CONTRACT  ARE
   19  LOCATED,  HOW  MANY  JOBS  IN  THE STATE, IF ANY, WILL BE CREATED BY THE
   20  AWARDING OF SUCH A CONTRACT, AND THE ESTIMATED TAX REVENUE AND ANCILLARY
   21  ECONOMIC ACTIVITY THAT WOULD BE  GENERATED  IN  THE  STATE  THROUGH  THE
   22  AWARDING  OF SUCH CONTRACTS AND SUBSEQUENT SUBCONTRACTS. THE COMPTROLLER
   23  SHALL PROMULGATE RULES AND REGULATIONS TO ENSURE THE INCLUSION OF  THESE
   24  CONSIDERATIONS  IN  DETERMINING  THE LOWEST RESPONSIBLE BIDDER FOR STATE
   25  CONTRACTS.
   26    S 2. This act shall take effect immediately.

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06979-01-9