Bill Text: NY S05479 | 2021-2022 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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

Spectrum: Partisan Bill (Republican 4-0)

Status: (Introduced - Dead) 2022-01-05 - REFERRED TO PROCUREMENT AND CONTRACTS [S05479 Detail]

Download: New_York-2021-S05479-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          5479

                               2021-2022 Regular Sessions

                    IN SENATE

                                      March 8, 2021
                                       ___________

        Introduced  by Sen. BORRELLO -- read twice and ordered printed, and when
          printed to be committed to the Committee on Finance

        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:

     1    Section  1.  The  state finance law is amended by adding a new section
     2  148 to read as follows:
     3    § 148. In-state  supplier  preference  for  state  contracts.  1.  For
     4  purposes  of  this section, the following terms shall have the following
     5  meanings:
     6    (a) "State agency" shall have the same meaning as defined  in  section
     7  one hundred seventy-nine-e of this chapter.
     8    (b)  "Existing  in-state  supplier" shall mean an individual or entity
     9  who is resident in the state  and  regularly  and  consistently  does  a
    10  majority of their business within the state who is able to provide goods
    11  or services that the state is looking to contract for.
    12    2.  When  a state contract for the purchase of goods or services is to
    13  be made and awarded to the lowest responsible bidder, an otherwise qual-
    14  ified bidder who will fulfill the contract who is an  existing  in-state
    15  supplier  of such goods or services shall be allowed to match the bid of
    16  the lowest responsible bidder before any contract is made and awarded by
    17  the state or by any state agency if such lowest  responsible  bidder  is
    18  not  an  existing  in-state supplier, provided that the cost included in
    19  the bid of such existing in-state supplier is not more than ten  percent
    20  greater  than  the  cost  included  in the bid of the lowest responsible
    21  bidder who is not an existing in-state supplier.
    22    3. If an otherwise  qualified  bidder  who  is  an  existing  in-state
    23  supplier  chooses  to  match the lowest responsible bidder who is not an
    24  existing in-state supplier, then the state or a state  agency  may  give
    25  preference  to  such existing in-state supplier when making and awarding
    26  such contract.
    27    § 2. This act shall take effect immediately.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10055-01-1