Relates to bids for the purchasing of services or commodities by state agencies submitted by bidders who do business with a nation identified as a state sponsor of terrorism.
STATE OF NEW YORK
________________________________________________________________________
5130
2011-2012 Regular Sessions
IN ASSEMBLY
February 14, 2011
___________
Introduced by M. of A. BROOK-KRASNY -- read once and referred to the
Committee on Governmental Operations
AN ACT to amend the state finance law, in relation to bids for the
purchasing of services or commodities by state agencies submitted by
bidders who do business with a nation identified as a state sponsor of
terrorism
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The state finance law is amended by adding a new section
2 169 to read as follows:
3 § 169. Purchasing services and commodities; prohibition against state
4 sponsored terrorism. 1. Any state agency procuring services or commod-
5 ities by an invitation for bid, a request for proposals or any other
6 approved means of solicitation shall require that each bid submitted
7 shall disclose whether or not the bidder, or any subsidiary of such
8 bidder, whether from the United States or a foreign country, has ever
9 engaged in business with a nation identified as a state sponsor of
10 terrorism. If disclosure is made that such bidder or subsidiary has
11 engaged in business with a nation identified as a state sponsor of
12 terrorism, such state agency may reject such bid, regardless of whether
13 or not such bid offers the lowest price or the best value among bids
14 submitted.
15 2. For purposes of this section the term "nation identified as a state
16 sponsor of terrorism" shall mean Iran, North Korea, Sudan and Syria.
17 3. Notwithstanding the provisions of subdivision two of this section,
18 companies doing business in or with a nation identified as a state spon-
19 sor of terrorism shall include those companies that the comptroller
20 determines provide military equipment, arms, or defense supplies to any
21 domestic party in such nation including its government and rebels or any
22 equipment that may be readily co-opted for military use including radar
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09297-01-1
A. 5130 2
1 systems and military-grade transport vehicles, unless that company has
2 implemented safeguards against such co-option.
3 4. Notwithstanding the provisions of subdivision two of this section,
4 companies doing business in or with a nation identified as a state spon-
5 sor of terrorism shall not include those companies that the comptroller
6 determines either directly or through an affiliated instrumentality,
7 provide services clearly dedicated to social development for the whole
8 nation. Such entities include, but are not limited to, those providing
9 medicine and medical equipment, agricultural supplies and agricultural
10 infrastructure, educational opportunities, journalism-related activ-
11 ities, and general consumer goods.
12 § 2. This act shall take effect immediately.
