New York State Assembly

 
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A06380 Summary:

A06380 Actions:

A06380 Committee Votes:

Committee:GOVERNMENTAL OPERATIONS   Chair:Peoples-Stokes      
DATE:06/06/2017AYE/NAY:12/0  Action: Favorable refer to committee Codes        
Peoples-Stokes
Aye
Johns
Aye
Galef
Aye
Goodell
Aye
Benedetto
Aye
Lalor
Excused
Glick
Aye
Byrne
Aye
Kim
Aye
Buchwald
Aye
Bichotte
Absent
Blake
Aye
Hyndman
Aye
Pellegrino
Aye

Committee:CODES   Chair:Lentol      
DATE:06/19/2017AYE/NAY:20/0  Action: Favorable refer to committee Ways and Means        
Lentol
Aye
Graf
Aye
Schimminger
Aye
Giglio
Aye
Weinstein
Aye
McKevitt
Aye
Pretlow
Aye
Montesano
Aye
Cook
Aye
Ra
Aye
Cymbrowitz
Aye
Morinello
Aye
Titus
Aye
O'Donnell
Excused
Lavine
Aye
Perry
Aye
Zebrowski
Aye
Abinanti
Aye
Weprin
Aye
Mosley
Aye
Hevesi
Excused
Fahy
Aye

Committee:WAYS AND MEANS   Chair:Farrell      
DATE:06/19/2017AYE/NAY:34/0  Action: Favorable refer to committee Rules        
Farrell
Aye
Oaks
Aye
Lentol
Aye
Crouch
Aye
Schimminger
Aye
Barclay
Aye
Gantt
Aye
Fitzpatrick
Aye
Weinstein
Aye
Hawley
Aye
Glick
Aye
Malliotakis
Aye
Nolan
Aye
Walter
Aye
Pretlow
Aye
Montesano
Aye
Perry
Aye
Curran
Aye
Colton
Aye
Ra
Aye
Cook
Aye
Cahill
Aye
Aubry
Aye
Hooper
Aye
Thiele
Aye
Cusick
Aye
Ortiz
Aye
Benedetto
Aye
Moya
Aye
Weprin
Aye
Rodriguez
Excused
Ramos
Aye
Braunstein
Aye
McDonald
Aye
Rozic
Aye

Committee:RULES   Chair:Heastie      
DATE:06/20/2017AYE/NAY:27/0  Action: Favorable         
Heastie
Aye
Kolb
Aye
Gottfried
Aye
Oaks
Aye
Lentol
Aye
Butler
Excused
Farrell
Aye
Crouch
Aye
Gantt
Aye
Finch
Excused
Nolan
Excused
Barclay
Aye
Weinstein
Aye
Raia
Aye
Hooper
Aye
Hawley
Aye
Ortiz
Aye
Pretlow
Aye
Cook
Aye
Glick
Aye
Morelle
Aye
Aubry
Aye
Englebright
Aye
Dinowitz
Aye
Colton
Aye
Magnarelli
Aye
Perry
Aye
Galef
Aye
Paulin
Aye
Titus
Excused
Peoples-Stokes
Aye

A06380 Floor Votes:

A06380 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         6380--C
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                      March 6, 2017
                                       ___________
 
        Introduced  by  M.  of  A. TITONE, COOK, GOTTFRIED, STIRPE, SIMON, McDO-
          NOUGH, COLTON,  FAHY,  SEAWRIGHT,  GALEF,  MOSLEY,  DiPIETRO,  PAULIN,
          WILLIAMS,   HUNTER,  DINOWITZ,  SEPULVEDA,  ROSENTHAL,  MOYA,  D'URSO,
          ABBATE, BLAKE, GJONAJ, DICKENS, ORTIZ,  GIGLIO,  LAWRENCE,  HARRIS  --
          Multi-Sponsored  by  --  M. of A. ARROYO, DE LA ROSA, ERRIGO, HYNDMAN,
          STECK, THIELE, WRIGHT -- read once and referred to  the  Committee  on
          Governmental Operations -- committee discharged, bill amended, ordered
          reprinted  as  amended  and  recommitted  to  said  committee -- again
          reported from said committee with  amendments,  ordered  reprinted  as
          amended  and recommitted to said committee -- reported and referred to
          the Committee on Codes -- committee discharged, bill amended,  ordered
          reprinted as amended and recommitted to said committee
 
        AN  ACT  to  amend the state finance law, in relation to requiring state
          contractors submit a statement on human trafficking
 
          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  139-d-1 to read as follows:
     3    § 139-d-1. Statement on human trafficking in bids to the  state.    1.
     4  (a)  Every  bid  hereafter  made  to the state or any public department,
     5  agency or official thereof, where competitive  bidding  is  required  by
     6  statute,  rule  or  regulation,  for work or services performed or to be
     7  performed or goods sold or to  be  sold,  shall  contain  the  following
     8  statement  subscribed  by the bidder and affirmed by such bidder as true
     9  under the penalties of perjury:
    10    "By submission of this bid, each bidder and  each  person  signing  on
    11  behalf  of  any  bidder  certifies,  and in the case of a joint bid each
    12  party thereto certifies as to its own  organization,  under  penalty  of
    13  perjury, that to the best of his or her knowledge and belief, the goods,
    14  work  or  services  to  be  supplied  or  performed  will be supplied or
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09168-06-7
        A. 6380--C                          2
 
     1  performed without doing business with any organization, person, or enti-
     2  ty that is engaging in human trafficking."
     3    (b)  In  addition  to  the statement required by paragraph (a) of this
     4  subdivision, any bidder that maintains a written policy  for  preventing
     5  human  trafficking  within its operations, business dealings, and supply
     6  chain shall submit to the state or  any  public  department,  agency  or
     7  official  thereof  soliciting  such bid such current written policy when
     8  submitting such statement.
     9    2. Notwithstanding the foregoing, the statement on  human  trafficking
    10  or  written policy for preventing human trafficking required pursuant to
    11  subdivision one of this  section  may  be  submitted  electronically  in
    12  accordance  with  the  provisions  of  subdivision  seven of section one
    13  hundred sixty-three of this chapter.
    14    3. A bid shall not be considered for award nor shall any award be made
    15  where subdivision one of  this  section  has  not  been  complied  with;
    16  provided however, that if in any case the bidder cannot make the forego-
    17  ing  certification, the bidder shall so state and shall furnish with the
    18  bid a signed statement which sets forth in detail the reasons therefor.
    19    4. Any bid hereafter made to the state or any public department, agen-
    20  cy or official thereof by  a  corporate  bidder  for  work  or  services
    21  performed  or to be performed or goods sold or to be sold, where compet-
    22  itive bidding is required by statute, rule or regulation, and where such
    23  bid contains the certification or written policy referred to in subdivi-
    24  sion one of this section, shall be deemed to have been authorized by the
    25  board of directors of the bidder, and such authorization shall be deemed
    26  to include the signing and submission of the bid and the inclusion ther-
    27  ein of the certificate on  human  trafficking  and  written  policy  for
    28  preventing human trafficking as the act and deed of the corporation.
    29    5. For the purposes of this section, the term "engaging in human traf-
    30  ficking" shall not be construed to include an individual who is or was a
    31  victim of human trafficking.
    32    § 2. Subdivision 7 of section 163 of the state finance law, as amended
    33  by section 10 of part L of chapter 55 of the laws of 2012, is amended to
    34  read as follows:
    35    7. Method of procurement. Consistent with the requirements of subdivi-
    36  sions  three and four of this section, state agencies shall select among
    37  permissible methods of procurement including, but  not  limited  to,  an
    38  invitation for bid, request for proposals or other means of solicitation
    39  pursuant  to  guidelines  issued by the state procurement council. State
    40  agencies may accept bids  electronically  including  submission  of  the
    41  statement of non-collusion required by section one hundred thirty-nine-d
    42  of  this  chapter,  and  the  statement on human trafficking and written
    43  policy for preventing human trafficking required by section one  hundred
    44  thirty-nine-d-1 of this chapter, and, starting April first, two thousand
    45  twelve,  and  ending  March thirty-first, two thousand fifteen, may, for
    46  commodity,  service  and   technology   contracts   require   electronic
    47  submission  as the sole method for the submission of bids for the solic-
    48  itation. State agencies shall undertake no more  than  eighty-five  such
    49  electronic  bid  solicitations, none of which shall be reverse auctions,
    50  prior to April first, two thousand fifteen. In addition, state  agencies
    51  may  conduct  up  to  twenty  reverse auctions through electronic means,
    52  prior to April first, two thousand fifteen. Prior to requiring the elec-
    53  tronic submission of bids, the agency shall make a determination,  which
    54  shall   be   documented  in  the  procurement  record,  that  electronic
    55  submission affords a fair and equal opportunity for offerers  to  submit
    56  responsive  offers.  Within thirty days of the completion of the eighty-
        A. 6380--C                          3
 
     1  fifth electronic bid solicitation,  or  by  April  first,  two  thousand
     2  fifteen,  whichever  is earlier, the commissioner shall prepare a report
     3  assessing the use of electronic  submissions  and  make  recommendations
     4  regarding  future  use  of  this procurement method. In addition, within
     5  thirty days of the completion of the twentieth reverse  auction  through
     6  electronic  means, or by April first, two thousand fifteen, whichever is
     7  earlier, the commissioner shall prepare a report assessing  the  use  of
     8  reverse  auctions  through  electronic  means  and  make recommendations
     9  regarding future use of this procurement method. Such reports  shall  be
    10  published on the website of the office of general services. Except where
    11  otherwise  provided by law, procurements shall be competitive, and state
    12  agencies shall conduct formal competitive procurements  to  the  maximum
    13  extent  practicable.  State agencies shall document the determination of
    14  the method of procurement and the basis  of  award  in  the  procurement
    15  record.  Where  the  basis  for award is the best value offer, the state
    16  agency shall document, in the procurement record and in advance  of  the
    17  initial receipt of offers, the determination of the evaluation criteria,
    18  which  whenever  possible,  shall be quantifiable, and the process to be
    19  used in the determination of best value and  the  manner  in  which  the
    20  evaluation process and selection shall be conducted.
    21    §  3.  This  act shall take effect on the ninetieth day after it shall
    22  have become a law and shall only apply to contracts entered into  on  or
    23  after  such  effective  date;  provided  however, that the amendments to
    24  subdivision 7 of section 163 of the state finance law  made  by  section
    25  two of this act shall not affect the repeal of such section and shall be
    26  deemed repealed therewith.