Requires consideration as a quantitative factor whether the commodities or services were manufactured or will be performed by a labor union with respect to the awarding of certain procurement contracts.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A3244
SPONSOR: Epstein TITLE OF BILL:
An act to amend the state finance law, in relation to requiring consid-
eration of union made commodities and services in the awarding of
certain procurement contracts
PURPOSE:
To require that union made commodities and services are considered in
state procurement contracts.
SUMMARY OF PROVISIONS:
Section 1 amends paragraph j of subdivision 1 of section 163 of the
state finance law as amended by chapter 569 of the laws of 2015 to
include commodities or services manufactured or performed by members of
labor organizations in the basis for awarding contracts.
Section 2 amends paragraph j of subdivision 1 of section 163 of the
state finance law as amended by section 28 of part P of chapter 56 of
the laws of 2022 to include commodities or services manufactured or
performed by members of labor organizations in the basis for awarding
contracts.
Section 3 sets the effective date.
JUSTIFICATION:
Labor unions encourage the fair pay and treatment of employees who have
less wealth and power than their employers. Unions protect working
people by ensuring that they are able to negotiate for better pay and
working conditions through collective bargaining. Goods and services
produced by labor unions are produced by employees that are fairly
treated, and are empowered to make collective bargaining decisions. In
keeping with New York values, and honoring the fact that New York State
was a breeding ground for unions in the beginning of the labor movement,
the state should give consideration to goods and services produced by
labor, unions in state procurement contracts.
FISCAL IMPACT:
TBD
LEGISLATIVE HISTORY:
New bill.
EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall have
become a law.
STATE OF NEW YORK
________________________________________________________________________
3244
2023-2024 Regular Sessions
IN ASSEMBLY
February 2, 2023
___________
Introduced by M. of A. EPSTEIN -- read once and referred to the Commit-
tee on Governmental Operations
AN ACT to amend the state finance law, in relation to requiring consid-
eration of union made commodities and services in the awarding of
certain procurement contracts
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph j of subdivision 1 of section 163 of the state
2 finance law, as amended by chapter 569 of the laws of 2015, is amended
3 to read as follows:
4 j. "Best value" means the basis for awarding contracts for services to
5 the offerer which optimizes quality, cost and efficiency, among respon-
6 sive and responsible offerers. Such basis shall reflect, wherever possi-
7 ble, objective and quantifiable analysis. Such basis may also identify a
8 quantitative factor for offerers that are small businesses, certified
9 minority- or women-owned business enterprises as defined in subdivisions
10 one, seven, fifteen and twenty of section three hundred ten of the exec-
11 utive law or service-disabled veteran-owned business enterprises as
12 defined in subdivision one of section three hundred sixty-nine-h of the
13 executive law to be used in evaluation of offers for awarding of
14 contracts for services. Such basis shall also identify as a quantita-
15 tive factor whether the commodities or services offered were manufac-
16 tured by or will be performed by members of a labor organization as
17 defined in section two hundred ninety-two of the executive law.
18 § 2. Paragraph j of subdivision 1 of section 163 of the state finance
19 law, as amended by section 28 of part PP of chapter 56 of the laws of
20 2022, is amended to read as follows:
21 j. "Best value" means the basis for awarding contracts for services to
22 the offerer which optimizes quality, cost and efficiency, among respon-
23 sive and responsible offerers. Such basis shall reflect, wherever possi-
24 ble, objective and quantifiable analysis. Such basis may also identify a
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04734-01-3
A. 3244 2
1 quantitative factor for offerers that are small businesses, certified
2 minority- or women-owned business enterprises as defined in subdivisions
3 one, seven, fifteen and twenty of section three hundred ten of the exec-
4 utive law or service-disabled veteran-owned business enterprises as
5 defined in subdivision one of section forty of the veterans' services
6 law to be used in evaluation of offers for awarding of contracts for
7 services. Such basis shall also identify as a quantitative factor
8 whether the commodities or services offered were manufactured by or will
9 be performed by members of a labor organization as defined in section
10 two hundred ninety-two of the executive law.
11 § 3. This act shall take effect on the thirtieth day after it shall
12 have become a law; provided, however, that the amendments to paragraph j
13 of subdivision 1 of section 163 of the state finance law made by section
14 two of this act shall take effect on the same date and in the same
15 manner as part PP of chapter 56 of the laws of 2022, takes effect; and
16 provided further that the amendments to paragraph j of subdivision 1 of
17 section 163 of the state finance law made by sections one and two of
18 this act shall not affect the repeal of such section and shall be deemed
19 to be repealed therewith.
