S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2654
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 24, 2019
                                ___________
 
 Introduced  by M. of A. CROUCH, FINCH, 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:
   § 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.
   § 2. This act shall take effect immediately.
 
              

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03029-01-9