Bill Text: NY A08061 | 2019-2020 | General Assembly | Introduced


Bill Title: Requires state contractors to submit a statement on preventing human trafficking in bids to the state and maintain a written policy for preventing human trafficking within its operations, business dealings, and supply chain and provide to the state a copy of such policy when submitting such statement.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed) 2019-06-20 - REFERRED TO RULES [A08061 Detail]

Download: New_York-2019-A08061-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          8061

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                      May 31, 2019
                                       ___________

        Introduced by M. of A. WILLIAMS -- read once and referred to the Commit-
          tee on Governmental Operations

        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:

     1    Section  1.  The  state finance law is amended by adding a new section
     2  139-d-1 to read as follows:
     3    § 139-d-1. Statement on human trafficking in bids to the  state.    1.
     4  (a)  Every  bid  hereafter  made  to the state or any public department,
     5  agency or official thereof, where competitive  bidding  is  required  by
     6  statute,  rule  or  regulation,  for work or services performed or to be
     7  performed or goods sold or to  be  sold,  shall  contain  the  following
     8  statement  subscribed  by the bidder and affirmed by such bidder as true
     9  under the penalties of perjury:
    10    "By submission of this bid, each bidder and  each  person  signing  on
    11  behalf  of  any  bidder  certifies,  and in the case of a joint bid each
    12  party thereto certifies as to its own  organization,  under  penalty  of
    13  perjury, that to the best of his or her knowledge and belief, the goods,
    14  work  or  services  to  be  supplied  or  performed  will be supplied or
    15  performed without doing business with any organization, person, or enti-
    16  ty that is engaging in human trafficking."
    17    (b) In addition to the statement required by  paragraph  (a)  of  this
    18  subdivision,  any  bidder that maintains a written policy for preventing
    19  human trafficking within its operations, business dealings,  and  supply
    20  chain  shall  submit  to  the  state or any public department, agency or
    21  official thereof soliciting such bid such current  written  policy  when
    22  submitting such statement.
    23    2.  Notwithstanding  the foregoing, the statement on human trafficking
    24  or written policy for preventing human trafficking required pursuant  to
    25  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.
                                                                   LBD13126-01-9

        A. 8061                             2

     1  accordance with the provisions  of  subdivision  seven  of  section  one
     2  hundred sixty-three of this chapter.
     3    3. A bid shall not be considered for award nor shall any award be made
     4  where  subdivision  one  of  this  section  has  not been complied with;
     5  provided however, that if in any case the bidder cannot make the forego-
     6  ing certification, the bidder shall so state and shall furnish with  the
     7  bid a signed statement which sets forth in detail the reasons therefor.
     8    4. Any bid hereafter made to the state or any public department, agen-
     9  cy  or  official  thereof  by  a  corporate  bidder for work or services
    10  performed or to be performed or goods sold or to be sold, where  compet-
    11  itive bidding is required by statute, rule or regulation, and where such
    12  bid contains the certification or written policy referred to in subdivi-
    13  sion one of this section, shall be deemed to have been authorized by the
    14  board of directors of the bidder, and such authorization shall be deemed
    15  to include the signing and submission of the bid and the inclusion ther-
    16  ein  of  the  certificate  on  human  trafficking and written policy for
    17  preventing human trafficking as the act and deed of the corporation.
    18    5. For the purposes of this section, the term "engaging in human traf-
    19  ficking" shall not be construed to include an individual who is or was a
    20  victim of human trafficking.
    21    § 2. Subdivision 7 of section 163 of the state finance law, as amended
    22  by section 2 of subpart A of part KK of chapter 57 of the laws of  2018,
    23  is amended to read as follows:
    24    7. Method of procurement. Consistent with the requirements of subdivi-
    25  sions  three and four of this section, state agencies shall select among
    26  permissible methods of procurement including, but  not  limited  to,  an
    27  invitation for bid, request for proposals or other means of solicitation
    28  pursuant  to  guidelines  issued by the state procurement council. State
    29  agencies may accept bids  electronically  including  submission  of  the
    30  statement of non-collusion required by section one hundred thirty-nine-d
    31  of  this chapter, and the statement of certification required by section
    32  one hundred thirty-nine-l of this chapter, the statement on human  traf-
    33  ficking  and written policy for preventing human trafficking required by
    34  section one hundred thirty-nine-d-1 of this chapter, and, starting April
    35  first, two thousand twelve, and ending March thirty-first, two  thousand
    36  fifteen,  may,  for  commodity, service and technology contracts require
    37  electronic submission as the sole method for the submission of bids  for
    38  the  solicitation.  State  agencies shall undertake no more than eighty-
    39  five such electronic bid solicitations, none of which shall  be  reverse
    40  auctions, prior to April first, two thousand fifteen. In addition, state
    41  agencies  may  conduct  up to twenty reverse auctions through electronic
    42  means, prior to April first, two thousand fifteen.  Prior  to  requiring
    43  the  electronic  submission  of  bids,  the agency shall make a determi-
    44  nation, which shall be documented in the procurement record, that  elec-
    45  tronic  submission  affords a fair and equal opportunity for offerers to
    46  submit responsive offers. Within thirty days of the  completion  of  the
    47  eighty-fifth  electronic  bid solicitation, or by April first, two thou-
    48  sand fifteen, whichever is earlier, the  commissioner  shall  prepare  a
    49  report  assessing the use of electronic submissions and make recommenda-
    50  tions regarding future use of  this  procurement  method.  In  addition,
    51  within  thirty  days  of the completion of the twentieth reverse auction
    52  through electronic means, or  by  April  first,  two  thousand  fifteen,
    53  whichever  is earlier, the commissioner shall prepare a report assessing
    54  the use of reverse auctions through electronic means and make  recommen-
    55  dations  regarding  future  use of this procurement method. Such reports
    56  shall be published on the website of the  office  of  general  services.

        A. 8061                             3

     1  Except  where  otherwise  provided by law, procurements shall be compet-
     2  itive, and state agencies shall conduct formal competitive  procurements
     3  to  the  maximum  extent  practicable. State agencies shall document the
     4  determination of the method of procurement and the basis of award in the
     5  procurement  record.  Where the basis for award is the best value offer,
     6  the state agency shall  document,  in  the  procurement  record  and  in
     7  advance of the initial receipt of offers, the determination of the eval-
     8  uation criteria, which whenever possible, shall be quantifiable, and the
     9  process  to be used in the determination of best value and the manner in
    10  which the evaluation process and selection shall be conducted.
    11    § 3. This act shall take effect on the ninetieth day  after  it  shall
    12  have  become  a law and shall only apply to contracts entered into on or
    13  after such effective date; provided  however,  that  the  amendments  to
    14  subdivision  7  of  section 163 of the state finance law made by section
    15  two of this act shall not affect the repeal of such section and shall be
    16  deemed repealed therewith.
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