S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1216
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              January 8, 2021
                                ___________
 
 Introduced  by  Sens.  BENJAMIN, BIAGGI, KAMINSKY, MAY -- read twice and
   ordered printed, and when printed to be committed to the Committee  on
   Procurement and Contracts
 
 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:
 
   Section  1.  The  state finance law is amended by adding a new section
 139-d-1 to read as follows:
   § 139-D-1. STATEMENT ON HUMAN TRAFFICKING IN BIDS TO THE  STATE.    1.
 (A)  EVERY  BID  HEREAFTER  MADE  TO THE STATE OR ANY PUBLIC DEPARTMENT,
 AGENCY OR OFFICIAL THEREOF, WHERE COMPETITIVE  BIDDING  IS  REQUIRED  BY
 STATUTE,  RULE  OR  REGULATION,  FOR WORK OR SERVICES PERFORMED OR TO BE
 PERFORMED OR GOODS SOLD OR TO  BE  SOLD,  SHALL  CONTAIN  THE  FOLLOWING
 STATEMENT  SUBSCRIBED  BY THE BIDDER AND AFFIRMED BY SUCH BIDDER AS TRUE
 UNDER THE PENALTIES OF PERJURY:
   "BY SUBMISSION OF THIS BID, EACH BIDDER AND  EACH  PERSON  SIGNING  ON
 BEHALF  OF  ANY  BIDDER  CERTIFIES,  AND IN THE CASE OF A JOINT BID EACH
 PARTY THERETO CERTIFIES AS TO ITS OWN  ORGANIZATION,  UNDER  PENALTY  OF
 PERJURY, THAT TO THE BEST OF HIS OR HER KNOWLEDGE AND BELIEF, THE GOODS,
 WORK  OR  SERVICES  TO  BE  SUPPLIED  OR  PERFORMED  WILL BE SUPPLIED OR
 PERFORMED WITHOUT DOING BUSINESS WITH ANY ORGANIZATION, PERSON, OR ENTI-
 TY THAT IS ENGAGING IN HUMAN TRAFFICKING."
   (B) IN ADDITION TO THE STATEMENT REQUIRED BY  PARAGRAPH  (A)  OF  THIS
 SUBDIVISION,  ANY  BIDDER THAT MAINTAINS A WRITTEN POLICY FOR PREVENTING
 HUMAN TRAFFICKING WITHIN ITS OPERATIONS, BUSINESS DEALINGS,  AND  SUPPLY
 CHAIN  SHALL  SUBMIT  TO  THE  STATE OR ANY PUBLIC DEPARTMENT, AGENCY OR
 OFFICIAL THEREOF SOLICITING SUCH BID SUCH CURRENT  WRITTEN  POLICY  WHEN
 SUBMITTING SUCH STATEMENT.
   2.  NOTWITHSTANDING  THE FOREGOING, THE STATEMENT ON HUMAN TRAFFICKING
 OR WRITTEN POLICY FOR PREVENTING HUMAN TRAFFICKING REQUIRED PURSUANT  TO
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD04935-01-1

 S. 1216                             2
 
 SUBDIVISION  ONE  OF  THIS  SECTION  MAY  BE SUBMITTED ELECTRONICALLY IN
 ACCORDANCE WITH THE PROVISIONS  OF  SUBDIVISION  SEVEN  OF  SECTION  ONE
 HUNDRED SIXTY-THREE OF THIS CHAPTER.
   3. A BID SHALL NOT BE CONSIDERED FOR AWARD NOR SHALL ANY AWARD BE MADE
 WHERE  SUBDIVISION  ONE  OF  THIS  SECTION  HAS  NOT BEEN COMPLIED WITH;
 PROVIDED HOWEVER, THAT IF IN ANY CASE THE BIDDER CANNOT MAKE THE FOREGO-
 ING CERTIFICATION, THE BIDDER SHALL SO STATE AND SHALL FURNISH WITH  THE
 BID A SIGNED STATEMENT WHICH SETS FORTH IN DETAIL THE REASONS THEREFOR.
   4. ANY BID HEREAFTER MADE TO THE STATE OR ANY PUBLIC DEPARTMENT, AGEN-
 CY  OR  OFFICIAL  THEREOF  BY  A  CORPORATE  BIDDER FOR WORK OR SERVICES
 PERFORMED OR TO BE PERFORMED OR GOODS SOLD OR TO BE SOLD, WHERE  COMPET-
 ITIVE BIDDING IS REQUIRED BY STATUTE, RULE OR REGULATION, AND WHERE SUCH
 BID CONTAINS THE CERTIFICATION OR WRITTEN POLICY REFERRED TO IN SUBDIVI-
 SION ONE OF THIS SECTION, SHALL BE DEEMED TO HAVE BEEN AUTHORIZED BY THE
 BOARD OF DIRECTORS OF THE BIDDER, AND SUCH AUTHORIZATION SHALL BE DEEMED
 TO INCLUDE THE SIGNING AND SUBMISSION OF THE BID AND THE INCLUSION THER-
 EIN  OF  THE  CERTIFICATE  ON  HUMAN  TRAFFICKING AND WRITTEN POLICY FOR
 PREVENTING HUMAN TRAFFICKING AS THE ACT AND DEED OF THE CORPORATION.
   5. FOR THE PURPOSES OF THIS SECTION, THE TERM "ENGAGING IN HUMAN TRAF-
 FICKING" SHALL NOT BE CONSTRUED TO INCLUDE AN INDIVIDUAL WHO IS OR WAS A
 VICTIM OF HUMAN TRAFFICKING.
   § 2. Subdivision 7 of section 163 of the state finance law, as amended
 by section 2 of subpart A of part KK of chapter 57 of the laws of  2018,
 is amended to read as follows:
   7. Method of procurement. Consistent with the requirements of subdivi-
 sions  three and four of this section, state agencies shall select among
 permissible methods of procurement including, but  not  limited  to,  an
 invitation for bid, request for proposals or other means of solicitation
 pursuant  to  guidelines  issued by the state procurement council. State
 agencies may accept bids  electronically  including  submission  of  the
 statement of non-collusion required by section one hundred thirty-nine-d
 of  this chapter, and the statement of certification required by section
 one hundred thirty-nine-l of this chapter, THE STATEMENT ON HUMAN  TRAF-
 FICKING  AND WRITTEN POLICY FOR PREVENTING HUMAN TRAFFICKING REQUIRED BY
 SECTION ONE HUNDRED THIRTY-NINE-D-1 OF THIS CHAPTER, and, starting April
 first, two thousand twelve, and ending March thirty-first, two  thousand
 fifteen,  may,  for  commodity, service and technology contracts require
 electronic submission as the sole method for the submission of bids  for
 the  solicitation.  State  agencies shall undertake no more than eighty-
 five such electronic bid solicitations, none of which shall  be  reverse
 auctions, prior to April first, two thousand fifteen. In addition, state
 agencies  may  conduct  up to twenty reverse auctions through electronic
 means, prior to April first, two thousand fifteen.  Prior  to  requiring
 the  electronic  submission  of  bids,  the agency shall make a determi-
 nation, which shall be documented in the procurement record, that  elec-
 tronic  submission  affords a fair and equal opportunity for offerers to
 submit responsive offers. Within thirty days of the  completion  of  the
 eighty-fifth  electronic  bid solicitation, or by April first, two thou-
 sand fifteen, whichever is earlier, the  commissioner  shall  prepare  a
 report  assessing the use of electronic submissions and make recommenda-
 tions regarding future use of  this  procurement  method.  In  addition,
 within  thirty  days  of the completion of the twentieth reverse auction
 through electronic means, or  by  April  first,  two  thousand  fifteen,
 whichever  is earlier, the commissioner shall prepare a report assessing
 the use of reverse auctions through electronic means and make  recommen-
 dations  regarding  future  use of this procurement method. Such reports

 S. 1216                             3
 
 shall be published on the website of the  office  of  general  services.
 Except  where  otherwise  provided by law, procurements shall be compet-
 itive, and state agencies shall conduct formal competitive  procurements
 to  the  maximum  extent  practicable. State agencies shall document the
 determination of the method of procurement and the basis of award in the
 procurement record.  Where the basis for award is the best value  offer,
 the  state  agency  shall  document,  in  the  procurement record and in
 advance of the initial receipt of offers, the determination of the eval-
 uation criteria, which whenever possible, shall be quantifiable, and the
 process to be used in the determination of best value and the manner  in
 which the evaluation process and selection shall be conducted.
   §  3.  This  act shall take effect on the ninetieth day after it shall
 have become a law and shall only apply to contracts entered into  on  or
 after  such  effective  date;  provided  however, that the amendments to
 subdivision 7 of section 163 of the state finance law  made  by  section
 two of this act shall not affect the repeal of such section and shall be
 deemed repealed therewith.