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S05552 Summary:

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S05552 Floor Votes:

S05552 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         5552--B
 
                               2013-2014 Regular Sessions
 
                    IN SENATE
 
                                      May 17, 2013
                                       ___________
 
        Introduced  by Sens. VALESKY, RITCHIE -- read twice and ordered printed,
          and when printed to be committed to the Committee  on  Agriculture  --
          committee  discharged,  bill amended, ordered reprinted as amended and
          recommitted to said committee -- recommitted to the Committee on Agri-
          culture in accordance with Senate Rule 6, sec. 8 -- reported favorably

          from said committee and committed  to  the  Committee  on  Finance  --
          committee  discharged,  bill amended, ordered reprinted as amended and
          recommitted to said committee
 
        AN ACT to amend the agriculture and markets law, the  economic  develop-
          ment  law  and  the  state  finance  law, in relation to local product
          procurement; and in relation to a  procurement  training  program  for
          agricultural business
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 16 of the agriculture and markets law is amended by
     2  adding a new subdivision 2-d to read as follows:
     3    2-d. Coordinate with the office of general services and the department
     4  of economic development to provide a training program once per year,  in

     5  each  economic  development region, established in article eleven of the
     6  economic development law, to encourage and increase participation in the
     7  procurement process, pursuant to article eleven  of  the  state  finance
     8  law,  by  small businesses, as defined in section one hundred thirty-one
     9  of the economic development law, including farms, selling food  or  food
    10  products  grown, produced, harvested, or processed in New York state and
    11  assist such businesses in identifying such food or food products,  which
    12  may  help to meet state agencies' needs.  The departments and office may
    13  also invite to the regional training programs representatives  of  local
    14  governments,  including  school  districts,  that  may  be interested in

    15  purchasing New York state food products.
    16    § 2. Section 100 of the economic development law is amended by  adding
    17  a new subdivision 18-i to read as follows:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11055-08-4
        S. 5552--B                          2
 
     1    18-i.   To aid the department of agriculture and markets and office of
     2  general services in providing a training program once per year, in  each
     3  economic development region, established in article eleven of this chap-
     4  ter, to encourage and increase participation in the procurement process,

     5  pursuant  to  article  eleven  of  the state finance law, by small busi-
     6  nesses, as defined in section one hundred thirty-one  of  this  chapter,
     7  including   farms,  selling  food  or  food  products  grown,  produced,
     8  harvested, or processed in New York state and assist such businesses  in
     9  identifying  such  food  or  food products, which may help to meet state
    10  agencies' needs.
    11    § 3. Subparagraphs (vii), (viii), (ix), (x) and (xi) of paragraph b of
    12  subdivision 3 of section 163 of  the  state  finance  law,  subparagraph
    13  (vii)  as  added  by  chapter 584 of the laws of 2005, and subparagraphs
    14  (viii), (ix), (x) and (xi) as added by chapter 137 of the laws of  2008,
    15  are amended to read as follows:
    16    (vii) assist the department of agriculture and markets and the depart-

    17  ment  of  economic  development in providing a training program once per
    18  year, in each economic development region, established in article eleven
    19  of the economic development law, to encourage and increase participation
    20  in the procurement process, pursuant to this  article,  by  small  busi-
    21  nesses,  as  defined  in  section one hundred thirty-one of the economic
    22  development law, including farms, selling food or food  products  grown,
    23  produced,  harvested,  or  processed  in  New York state and assist such
    24  businesses in identifying such food or food products which may  help  to
    25  meet state agencies' needs.
    26    (viii)  maintain a list of contractors which produce or manufacture or
    27  offer  for  sale  environmentally-sensitive  cleaning  and   maintenance

    28  products  in the form, function and utility generally used by elementary
    29  and secondary schools in accordance with  specifications  or  guidelines
    30  promulgated  pursuant  to  section  four hundred nine-i of the education
    31  law.
    32    [(viii)] (ix) review and consider prior to issuance of  bid  solicita-
    33  tions the term of the proposed contract based on factors, including, but
    34  not  limited  to; (A) the nature of the commodity, (B) the complexity of
    35  the procurement, (C) the identity and type of purchasers, (D) the  suit-
    36  ability  of  the  contract  for adding additional contractors during the
    37  term, and (E) the estimated contract value. This determination shall  be
    38  documented in the procurement record.
    39    [(ix)]  (x)  reasonably  consider  aggregate amount of public sales by
    40  potential vendors.

    41    [(x)] (xi) review and consider the feasibility  of  creating  regional
    42  contracts for commodities being procured by the state.
    43    [(xi)]  (xii)  maintain  a  procurement  record  for  each centralized
    44  contract procurement identifying, with supporting  documentation,  deci-
    45  sions  made  by  the  commissioner  during  the procurement process. The
    46  procurement record shall include, but not be limited to,  each  contract
    47  amendment, and the justification for each.
    48    § 4. This act shall take effect immediately; provided however that the
    49  amendments  made  to  subparagraphs (vii), (viii), (ix), (x) and (xi) of
    50  paragraph b of subdivision 3 of section 163 of the state finance law  by
    51  section  three  of  this act shall not affect the repeal of such section
    52  and shall be deemed repealed therewith.