S 3612: Grants a preference to New York state businesses in the state contract award process where the New York state business' bid is within five percent of the winning bid.
The bill aims to grant a preference to New York state businesses in the state contract award process. A company is considered to have a primary business presence in New York state if it realizes more than 50% of its combined gross revenues from business activity generated in New York state and has more than 50% of its full-time equivalent employees employed in the state. Bids that meet this criterion will be given preferred status, which means they will be considered the winning bid if they are within 5% of the winning bid. If multiple bids are given preferred status, the best preferred status bid will be considered the winning bid. The preferred status will be awarded to bids where the commodities or services are produced by a company with a primary business presence in New York state, and the bid was within 5% of the winning bid.
| Jan. 07, 2026 | REFERRED TO PROCUREMENT AND CONTRACTS |
| Jan. 29, 2025 | REFERRED TO PROCUREMENT AND CONTRACTS |
STATE OF NEW YORK ________________________________________________________________________ 3612 2025-2026 Regular Sessions IN SENATE January 29, 2025 ___________ Introduced by Sens. HELMING, MATTERA -- 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 granting a prefer- ence to New York State businesses in the state contract award process The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 162 of the state finance law is amended by adding a 2 new subdivision 2-a to read as follows: 3 2-a. Preferred status for bids. a. Preferred status, as prescribed in 4 this section, shall be accorded to bids where such bid's commodities or 5 services are produced by a company whose headquarters and primary busi- 6 ness presence are located in New York state and such bid was within five 7 percent of the winning bid. A company's primary business presence is 8 located in New York state when it realizes more than fifty percent of 9 its combined gross revenues from business activity generated in New York 10 state and has more than fifty percent of its full-time equivalent 11 employees employed in New York state. 12 b. When preferred status is given to multiple bids, the best preferred 13 status bid shall be considered the winning bid. 14 § 2. This act shall take effect one year after it shall have become a 15 law. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD08234-01-5