S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4235
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 6, 2023
                                ___________
 
 Introduced  by  Sen.  CLEARE -- 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
 SUBDIVISION ONE OF THIS  SECTION  MAY  BE  SUBMITTED  ELECTRONICALLY  IN
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03901-01-3
              

 S. 4235                             2
 
 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
 shall be published on the website of the  office  of  general  services.
 S. 4235                             3
 
 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.