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

                                  2729

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 20, 2011
                               ___________

Introduced  by  M. of A. CROUCH, 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:

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                      [ ] is old law to be omitted.
                                                           LBD04577-01-1