A 995: Provides for the establishment of a method for determining the lowest responsible bidder when negotiating state contracts that would incorporate quantifiable fiscal benefits.

  
  STATE OF NEW YORK ________________________________________________________________________ 995 2025-2026 Regular Sessions  IN ASSEMBLY (Prefiled) January 8, 2025 ___________ Introduced by M. of A. ANGELINO, DeSTEFANO, LEMONDES, McDONOUGH, MIKU- LIN, MILLER, MORINELLO -- 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: 1 Section 1. Article 9 of the state finance law is amended by adding a 2 new section 134 to read as follows: 3 § 134. Declaration of policy. 1. It is hereby declared to be the poli- 4 cy of this state that this article shall be construed in the negotiation 5 of contracts for public works and public purchases to which the state is 6 a party so as to assure the prudent and economical use of public moneys 7 for the benefit of all the inhabitants of the state and to facilitate 8 the acquisition of facilities and commodities of maximum quality at the 9 lowest possible cost. The state also recognizes that the lowest respon- 10 sible bid for public contracts may not simply be a monetary amount but 11 should also incorporate quantifiable fiscal benefits to the state and 12 that quantifiable fiscal benefits to the state should be subtracted from 13 the actual bid amount to determine the lowest responsible bidder. 14 2. The comptroller shall establish, in consultation with the heads of 15 state agencies, a method for determining the lowest responsible bidder 16 when negotiating state contracts that would incorporate quantifiable 17 fiscal benefits including, but not be limited to, consideration of where 18 sub-contractors used by contractors to fulfill a state contract are 19 located, how many jobs in the state, if any, will be created by the 20 awarding of such a contract, and the estimated tax revenue and ancillary 21 economic activity that would be generated in the state through the 22 awarding of such contracts and subsequent subcontracts. The comptroller EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02658-01-5 
 A. 995 2 1 shall promulgate rules and regulations to ensure the inclusion of these 2 considerations in determining the lowest responsible bidder for state 3 contracts. 4 § 2. The state finance law is amended by adding a new section 136-e to 5 read as follows: 6 § 136-e. In-state contractor preference. Notwithstanding any other 7 provision of law to the contrary, any contract or contracts made by the 8 state which requires the submission of a bid shall, when determining the 9 low bid, reduce any bid submitted by an in-state contractor by five 10 percent. For the purposes of this section, an "in-state contractor" 11 shall be a contractor which: 12 1. is located within the state; 13 2. hires a majority of employees who are residents of the state; 14 3. hires subcontractors who are located within the state and whose 15 employees are residents of the state; and 16 4. creates tax revenue and ancillary economic activity for the state. 17 § 3. This act shall take effect immediately.