Assembly Bill A2029A

Vetoed By Governor
2015-2016 Legislative Session

Relates to requiring state agencies to provide certain information to unsuccessful bidders during the debriefing process

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Sponsored By

Archive: Last Bill Status Via S3450 - Vetoed by Governor


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Vetoed By Governor
  • Signed By Governor

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Bill Amendments

2015-A2029 - Details

Law Section:
State Finance Law
Laws Affected:
Amd §163, St Fin L

2015-A2029 - Summary

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.

2015-A2029 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2029

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 15, 2015
                               ___________

Introduced by M. of A. HEVESI -- read once and referred to the Committee
  on Governmental Operations

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:

  Section  1.  Paragraph  c of subdivision 9 of section 163 of the state
finance law, as amended by chapter 137 of the laws of 2008,  is  amended
to read as follows:
  c.  Where  provided  in  the  solicitation, state agencies may require
clarification from offerers for purposes of assuring a full  understand-
ing  of  responsiveness to the solicitation requirements. Where provided
for in the solicitation, revisions may be permitted  from  all  offerers
determined to be susceptible of being selected for contract award, prior
to  award.  Offerers  shall  be  accorded  fair and equal treatment with
respect to their opportunity for discussion and revision  of  offers.  A
state agency shall, upon request, provide a debriefing to any unsuccess-
ful  offerer  that  responded to a request for proposal or an invitation
for bids[, regarding]. SUCH DEBRIEFING SHALL INCLUDE, BUT  NEED  NOT  BE
LIMITED TO, the reasons that the proposal or bid submitted by the unsuc-
cessful  offerer  was  not selected for an award, WHY THE WINING BID WAS
SELECTED AND PROVIDE ADVICE OR GUIDANCE ON METHODS FOR IMPROVING  FUTURE
BIDS.   The opportunity for an unsuccessful offerer to seek a debriefing
shall be stated in the solicitation, which shall  provide  a  reasonable
time for requesting a debriefing.
  S 2. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03939-01-5


              

co-Sponsors

2015-A2029A - Details

Law Section:
State Finance Law
Laws Affected:
Amd §163, St Fin L

2015-A2029A - Summary

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.

2015-A2029A - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 2029--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 15, 2015
                               ___________

Introduced by M. of A. HEVESI -- read once and referred to the Committee
  on  Governmental  Operations  --  committee  discharged, bill amended,
  ordered reprinted as amended and recommitted to said committee

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:

  Section 1. Paragraph c of subdivision 9 of section 163  of  the  state
finance  law,  as amended by chapter 137 of the laws of 2008, is amended
to read as follows:
  c. (I) Where provided in the solicitation, state agencies may  require
clarification  from offerers for purposes of assuring a full understand-
ing of responsiveness to the solicitation requirements.  Where  provided
for  in  the  solicitation, revisions may be permitted from all offerers
determined to be susceptible of being selected for contract award, prior
to award. Offerers shall be  accorded  fair  and  equal  treatment  with
respect to their opportunity for discussion and revision of offers. [A]
  (II)  WITHIN FIFTEEN DAYS OF THE SELECTION OF A WINNING BID BY A STATE
AGENCY AND PRIOR TO THE SUBMISSION FOR APPROVAL OF  A  CONTRACT  TO  THE
OFFICE  OF  THE  STATE  COMPTROLLER, ALL BIDDERS SHALL BE ADVISED OF THE
COMPLETION OF THE SELECTION PROCESS.
  (III) THE OPPORTUNITY FOR AN UNSUCCESSFUL BIDDER TO SEEK A  DEBRIEFING
SHALL  BE  STATED  IN THE SOLICITATION, WHICH SHALL PROVIDE A REASONABLE
TIME FOR REQUESTING A DEBRIEFING.
  (IV) IN RELATION TO THE AWARD OF ANY CONTRACT WITH A  TOTAL  VALUE  OF
LESS  THAN  SEVEN  HUNDRED FIFTY THOUSAND DOLLARS, A state agency shall,
upon request, provide a debriefing  to  any  unsuccessful  offerer  that
responded to a request for proposal or an invitation for bids, regarding
the  reasons  that  the  proposal  or  bid submitted by the unsuccessful
offerer was not selected for an award. [The opportunity  for  an  unsuc-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03939-02-5
              

co-Sponsors

2015-A2029B - Details

Law Section:
State Finance Law
Laws Affected:
Amd §163, St Fin L

2015-A2029B - Summary

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.

2015-A2029B - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 2029--B

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 15, 2015
                               ___________

Introduced by M. of A. HEVESI, McDONALD -- read once and referred to the
  Committee  on  Governmental  Operations  -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee  --  again  reported  from said committee with amendments, ordered
  reprinted as amended and recommitted to said committee

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:

  Section 1. Paragraph c of subdivision 9 of section 163  of  the  state
finance  law,  as amended by chapter 137 of the laws of 2008, is amended
to read as follows:
  c. (I) Where provided in the solicitation, state agencies may  require
clarification  from offerers for purposes of assuring a full understand-
ing of responsiveness to the solicitation requirements.  Where  provided
for  in  the  solicitation, revisions may be permitted from all offerers
determined to be susceptible of being selected for contract award, prior
to award. Offerers shall be  accorded  fair  and  equal  treatment  with
respect to their opportunity for discussion and revision of offers. [A]
  (II)  WITHIN FIFTEEN DAYS OF THE SELECTION OF A WINNING BID BY A STATE
AGENCY AND PRIOR TO THE SUBMISSION FOR APPROVAL OF  A  CONTRACT  TO  THE
OFFICE  OF  THE  STATE  COMPTROLLER, ALL BIDDERS SHALL BE ADVISED OF THE
COMPLETION OF THE SELECTION PROCESS.
  (III) FOR ANY CONTRACT ESTABLISHED AS A CENTRALIZED  CONTRACT  BY  THE
OFFICE  OF  GENERAL  SERVICES,  WITHIN  FIFTEEN DAYS OF SELECTION OF THE
WINNING BID BY THE OFFICE OF GENERAL  SERVICES,  ALL  BIDDERS  SHALL  BE
ADVISED OF THE COMPLETION OF THE SELECTION PROCESS.
  (IV)  THE  OPPORTUNITY FOR AN UNSUCCESSFUL BIDDER TO SEEK A DEBRIEFING
SHALL BE STATED IN THE SOLICITATION, WHICH SHALL  PROVIDE  A  REASONABLE
TIME FOR REQUESTING A DEBRIEFING.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03939-03-5
              

co-Sponsors

2015-A2029C - Details

Law Section:
State Finance Law
Laws Affected:
Amd §163, St Fin L

2015-A2029C - Summary

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.

2015-A2029C - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 2029--C

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 15, 2015
                               ___________

Introduced by M. of A. HEVESI, McDONALD -- read once and referred to the
  Committee  on  Governmental  Operations  -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee  --  again  reported  from said committee with amendments, ordered
  reprinted as amended  and  recommitted  to  said  committee  --  again
  reported  from  said  committee  with amendments, ordered reprinted as
  amended and recommitted to said committee

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:

  Section 1. Paragraph c of subdivision 9 of section 163  of  the  state
finance  law,  as amended by chapter 137 of the laws of 2008, is amended
to read as follows:
  c. (I) Where provided in the solicitation, state agencies may  require
clarification  from offerers for purposes of assuring a full understand-
ing of responsiveness to the solicitation requirements.  Where  provided
for  in  the  solicitation, revisions may be permitted from all offerers
determined to be susceptible of being selected for contract award, prior
to award. Offerers shall be  accorded  fair  and  equal  treatment  with
respect to their opportunity for discussion and revision of offers. [A]
  (II)  WITHIN FIFTEEN DAYS OF THE SELECTION OF A WINNING BID BY A STATE
AGENCY AND PRIOR TO THE SUBMISSION FOR APPROVAL OF  A  CONTRACT  TO  THE
OFFICE  OF  THE  STATE  COMPTROLLER, ALL BIDDERS SHALL BE ADVISED OF THE
COMPLETION OF THE SELECTION PROCESS.
  (III) FOR ANY CONTRACT ESTABLISHED AS A CENTRALIZED  CONTRACT  BY  THE
OFFICE  OF  GENERAL  SERVICES,  WITHIN  FIFTEEN DAYS OF SELECTION OF THE
WINNING BID BY THE OFFICE OF GENERAL  SERVICES,  ALL  BIDDERS  SHALL  BE
ADVISED OF THE COMPLETION OF THE SELECTION PROCESS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03939-04-5

              

co-Sponsors

2015-A2029D (ACTIVE) - Details

Law Section:
State Finance Law
Laws Affected:
Amd §163, St Fin L

2015-A2029D (ACTIVE) - Summary

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.

2015-A2029D (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 2029--D

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 15, 2015
                               ___________

Introduced by M. of A. HEVESI, McDONALD -- read once and referred to the
  Committee  on  Governmental  Operations  -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee  --  again  reported  from said committee with amendments, ordered
  reprinted as amended  and  recommitted  to  said  committee  --  again
  reported  from  said  committee  with amendments, ordered reprinted as
  amended and recommitted to said committee -- again reported from  said
  committee  with amendments, ordered reprinted as amended and recommit-
  ted to said committee

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:

  Section 1. Paragraph c of subdivision 9 of section 163  of  the  state
finance  law,  as amended by chapter 137 of the laws of 2008, is amended
to read as follows:
  c. (I) Where provided in the solicitation, state agencies may  require
clarification  from offerers for purposes of assuring a full understand-
ing of responsiveness to the solicitation requirements.  Where  provided
for  in  the  solicitation, revisions may be permitted from all offerers
determined to be susceptible of being selected for contract award, prior
to award. Offerers shall be  accorded  fair  and  equal  treatment  with
respect to their opportunity for discussion and revision of offers. [A]
  (II)  WITHIN FIFTEEN DAYS OF THE SELECTION OF A WINNING BID BY A STATE
AGENCY AND PRIOR TO THE SUBMISSION FOR APPROVAL OF  A  CONTRACT  TO  THE
OFFICE  OF  THE  STATE  COMPTROLLER, ALL BIDDERS SHALL BE ADVISED OF THE
COMPLETION OF THE SELECTION PROCESS.
  (III) FOR ANY CONTRACT ESTABLISHED AS A CENTRALIZED  CONTRACT  BY  THE
OFFICE  OF  GENERAL  SERVICES,  WITHIN  FIFTEEN DAYS OF SELECTION OF THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03939-05-5

              

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