Bill Text: NY S03450 | 2015-2016 | General Assembly | Amended

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Bill Title: Requires state agencies to provide unsuccessful bidders with reasons why the winning bid was selected and provide advice or guidance on methods for improving future bids during the debriefing process.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Vetoed) 2015-12-11 - VETOED MEMO.294 [S03450 Detail]

Download: New_York-2015-S03450-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        3450--C
           Cal. No. 913
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                   February 9, 2015
                                      ___________
       Introduced  by  Sen.  FUNKE  -- read twice and ordered printed, and when
         printed to be committed to  the  Committee  on  Finance  --  committee
         discharged, bill amended, ordered reprinted as amended and recommitted
         to  said  committee  --  committee  discharged,  bill amended, ordered
         reprinted as amended and recommitted to  said  committee  --  reported
         favorably  from  said  committee,  ordered to first and second report,
         ordered to a third reading, amended and ordered  reprinted,  retaining
         its place in the order of third reading
       AN  ACT  to  amend the state finance law, in relation to requiring state
         agencies to provide certain information to unsuccessful bidders during
         the debriefing process
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Paragraph  c of subdivision 9 of section 163 of the state
    2  finance law, as amended by chapter 137 of the laws of 2008,  is  amended
    3  to read as follows:
    4    c.  (I) Where provided in the solicitation, state agencies may require
    5  clarification from offerers for purposes of assuring a full  understand-
    6  ing  of  responsiveness to the solicitation requirements. Where provided
    7  for in the solicitation, revisions may be permitted  from  all  offerers
    8  determined to be susceptible of being selected for contract award, prior
    9  to  award.  Offerers  shall  be  accorded  fair and equal treatment with
   10  respect to their opportunity for discussion and revision of offers. [A]
   11    (II) WITHIN FIFTEEN DAYS OF THE SELECTION OF A WINNING BID BY A  STATE
   12  AGENCY  AND  PRIOR  TO  THE SUBMISSION FOR APPROVAL OF A CONTRACT TO THE
   13  OFFICE OF THE STATE COMPTROLLER, ALL BIDDERS SHALL  BE  ADVISED  OF  THE
   14  COMPLETION OF THE SELECTION PROCESS.
   15    (III)  FOR  ANY  CONTRACT ESTABLISHED AS A CENTRALIZED CONTRACT BY THE
   16  OFFICE OF GENERAL SERVICES, WITHIN FIFTEEN  DAYS  OF  SELECTION  OF  THE
   17  WINNING  BID  BY  THE  OFFICE  OF GENERAL SERVICES, ALL BIDDERS SHALL BE
   18  ADVISED OF THE COMPLETION OF THE SELECTION PROCESS.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08918-04-5
       S. 3450--C                          2
    1    (IV) THE OPPORTUNITY FOR AN UNSUCCESSFUL BIDDER TO SEEK  A  DEBRIEFING
    2  SHALL  BE  STATED  IN THE SOLICITATION, WHICH SHALL PROVIDE A REASONABLE
    3  TIME FOR REQUESTING A DEBRIEFING.
    4    (V)  IN  RELATION  TO  THE AWARD OF ANY CONTRACT WITH A TOTAL VALUE OF
    5  LESS THAN FIVE HUNDRED THOUSAND DOLLARS,  A  state  agency  shall,  upon
    6  request,  provide [a] AN IN-PERSON OR, IF NECESSARY, A VIDEO-CONFERENCED
    7  debriefing to any unsuccessful offerer that responded to a  request  for
    8  proposal  or  an  invitation  for  bids,  regarding the reasons that the
    9  proposal or bid submitted by the unsuccessful offerer was  not  selected
   10  for  an  award.  [The  opportunity for an unsuccessful offerer to seek a
   11  debriefing shall be stated in the solicitation, which  shall  provide  a
   12  reasonable time for requesting a debriefing.]
   13    (VI) IN RELATION TO THE AWARD OF A CONTRACT WITH A TOTAL VALUE OF FIVE
   14  HUNDRED  THOUSAND  OR  MORE DOLLARS, A STATE AGENCY SHALL, UPON REQUEST,
   15  PROVIDE AN IN-PERSON OR, IF NECESSARY, A VIDEO-CONFERENCED DEBRIEFING TO
   16  ANY UNSUCCESSFUL OFFERER THAT RESPONDED TO A  REQUEST  FOR  PROPOSAL  OR
   17  INVITATION  FOR  BIDS.  SUCH  DEBRIEFING, SHALL INCLUDE, BUT NEED NOT BE
   18  LIMITED TO, THOROUGH WRITTEN EXPLANATIONS OF: (A) THE REASONS  THAT  THE
   19  PROPOSAL  OR  BID SUBMITTED BY THE UNSUCCESSFUL OFFERER WAS NOT SELECTED
   20  FOR AWARD; (B) THE QUALITATIVE AND QUANTITATIVE ANALYSIS EMPLOYED BY THE
   21  AGENCY IN ASSESSING THE RELATIVE MERITS OF EACH BID; (C) THE APPLICATION
   22  OF EACH OF THE SELECTION CRITERIA TO EACH BID; AND (D) WHY  THE  WINNING
   23  BID WAS SELECTED.
   24    (VII) AFTER THE WRITTEN EXPLANATIONS DESCRIBED IN SUBPARAGRAPH (VI) OF
   25  THIS  PARAGRAPH  HAVE  BEEN PROVIDED, THE STATE AGENCY, UPON THE WRITTEN
   26  REQUEST OF AN UNSUCCESSFUL OFFERER, AND WITHIN FIFTEEN DAYS OF THE WRIT-
   27  TEN EXPLANATION, SHALL PROVIDE A REASONABLE OPPORTUNITY FOR SUCH  UNSUC-
   28  CESSFUL BIDDER TO DISCUSS WITH AGENCY PERSONNEL WHO WERE INVOLVED IN AND
   29  ARE  KNOWLEDGEABLE ABOUT THE BID EVALUATION PROCESS CONCERNING THE WRIT-
   30  TEN EXPLANATIONS. SUCH PERSONNEL SHALL ALSO PROVIDE, TO THE EXTENT PRAC-
   31  TICABLE, ADVICE AND GUIDANCE  TO  THE  UNSUCCESSFUL  OFFERER  CONCERNING
   32  METHODS OF IMPROVING BIDS BY SUCH OFFERER.
   33    S  2. This act shall take effect immediately; provided that the amend-
   34  ments to section 163 of the state finance law made  by  section  one  of
   35  this act shall not affect the repeal of such section and shall be deemed
   36  repealed therewith.