Assembly Bill A5724

2023-2024 Legislative Session

Allows for in-state suppliers to receive preference in certain situations when the state is awarding contracts

download bill text pdf

Sponsored By

Current Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2023-A5724 (ACTIVE) - Details

See Senate Version of this Bill:
S1074
Current Committee:
Assembly Governmental Operations
Law Section:
State Finance Law
Laws Affected:
Add §149, St Fin L
Versions Introduced in 2021-2022 Legislative Session:
S5479

2023-A5724 (ACTIVE) - Summary

Allows for in-state suppliers to receive preference in certain situations when the state is awarding contracts.

2023-A5724 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5724
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 23, 2023
                                ___________
 
 Introduced by M. of A. JENSEN -- read once and referred to the Committee
   on Governmental Operations
 
 AN  ACT  to  amend  the  state  finance law, in relation to allowing for
   in-state suppliers to receive preference in  certain  situations  when
   the state is awarding contracts

   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
 149 to read as follows:
   §  149.  IN-STATE  SUPPLIER  PREFERENCE  FOR  STATE  CONTRACTS. 1. FOR
 PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE  THE  FOLLOWING
 MEANINGS:
   (A)  "STATE  AGENCY" SHALL HAVE THE SAME MEANING AS DEFINED IN SECTION
 ONE HUNDRED SEVENTY-NINE-E OF THIS CHAPTER.
   (B) "EXISTING IN-STATE SUPPLIER" SHALL MEAN AN  INDIVIDUAL  OR  ENTITY
 WHO  IS  RESIDENT  IN  THE  STATE  AND REGULARLY AND CONSISTENTLY DOES A
 MAJORITY OF THEIR BUSINESS WITHIN THE STATE WHO IS ABLE TO PROVIDE GOODS
 OR SERVICES THAT THE STATE IS LOOKING TO CONTRACT FOR.
   2. WHEN A STATE CONTRACT FOR THE PURCHASE OF GOODS OR SERVICES  IS  TO
 BE MADE AND AWARDED TO THE LOWEST RESPONSIBLE BIDDER, AN OTHERWISE QUAL-
 IFIED  BIDDER  WHO WILL FULFILL THE CONTRACT WHO IS AN EXISTING IN-STATE
 SUPPLIER OF SUCH GOODS OR SERVICES SHALL BE ALLOWED TO MATCH THE BID  OF
 THE LOWEST RESPONSIBLE BIDDER BEFORE ANY CONTRACT IS MADE AND AWARDED BY
 THE  STATE  OR  BY ANY STATE AGENCY IF SUCH LOWEST RESPONSIBLE BIDDER IS
 NOT AN EXISTING IN-STATE SUPPLIER, PROVIDED THAT THE  COST  INCLUDED  IN
 THE  BID  OF  SUCH  EXISTING  IN-STATE SUPPLIER IS NOT MORE THAN FIFTEEN
 PERCENT GREATER THAN THE COST INCLUDED IN THE BID OF THE LOWEST  RESPON-
 SIBLE BIDDER WHO IS NOT AN EXISTING IN-STATE SUPPLIER.
   3.  IF  AN  OTHERWISE  QUALIFIED  BIDDER  WHO  IS AN EXISTING IN-STATE
 SUPPLIER CHOOSES TO MATCH THE LOWEST RESPONSIBLE BIDDER WHO  IS  NOT  AN
 EXISTING  IN-STATE  SUPPLIER,  THEN THE STATE OR A STATE AGENCY MAY GIVE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03934-01-3

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