This bill has been amended

Bill S3450-2015

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

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.

Details

Actions

  • Feb 9, 2015: REFERRED TO FINANCE

Memo

BILL NUMBER:S3450

TITLE OF BILL: 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

PURPOSE:

The purpose of this bill is to require state agencies to provide information to unsuccessful bidders during the debriefing process describing why their proposal or bid was not selected, and why the winning proposal or bid was selected.

SUMMARY OF PROVISIONS:

Section 1 amends paragraph c of subdivision 9 of section 163 of the state finance law, as amended by chapter 137 of the laws of 2008, to include debriefing the unsuccessful proposal or bid, why the winning bid was selected and provide advice or guidance on methods for improving future bids.

Section 2 provides an immediate effective date.

JUSTIFICATION:

Currently, state agencies are required to provide a debriefing to any unsuccessful offerer that responded to a request for proposal or an invitation for bids, and describe the reasons that the proposal or bid submitted by the unsuccessful offerer was not selected for award. However, the state agencies do not currently have to explain why the winning bid was ultimately selected, or provide advice or guidance on methods for improving future bids. This bill would allow unsuccessful offerers the ability to understand why their offer was not selected and where they need to improve in order to have their bid or proposal awarded. This bill would benefit all New Yorkers by guarantying that the best bid or proposal is selected and that those that aren't selected are able to improve and better compete for awards.

LEGISLATIVE HISTORY:

This is a new bill.

FISCAL IMPLICATIONS:

To be determined.

EFFECTIVE DATE:

This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 3450 2015-2016 Regular Sessions IN SENATE February 9, 2015 ___________
Introduced by Sen. FUNKE -- read twice and ordered printed, and when printed to be committed to the Committee on Finance 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- cessful offerer to seek a debriefing shall be stated in the solicita-
tion, which shall provide a reasonable time for requesting a debrief- ing.]
(V) IN RELATION TO THE AWARD OF A CONTRACT WITH A TOTAL VALUE OF SEVEN HUNDRED FIFTY THOUSAND OR MORE DOLLARS, A STATE AGENCY SHALL, UPON REQUEST, PROVIDE A DEBRIEFING TO ANY UNSUCCESSFUL OFFERER THAT RESPONDED TO A REQUEST FOR PROPOSAL OR INVITATION FOR BIDS. SUCH DEBRIEFING, SHALL INCLUDE, BUT NEED NOT BE LIMITED TO, THOROUGH WRITTEN EXPLANATIONS OF: (A) THE REASONS THAT THE PROPOSAL OR BID SUBMITTED BY THE UNSUCCESSFUL OFFERER WAS NOT SELECTED FOR AWARD; (B) THE QUALITATIVE AND QUANTITATIVE ANALYSIS EMPLOYED BY THE AGENCY IN ASSESSING THE RELATIVE MERITS OF EACH BID; (C) THE APPLICATION OF EACH OF THE SELECTION CRITERIA TO EACH BID; AND (D) WHY THE WINNING BID WAS SELECTED. (VI) AFTER THE WRITTEN EXPLANATIONS DESCRIBED IN SUBPARAGRAPH (V) OF THIS PARAGRAPH HAVE BEEN PROVIDED, THE STATE AGENCY, UPON THE TIMELY REQUEST OF AN UNSUCCESSFUL OFFERER, SHALL PROVIDE A REASONABLE OPPORTU- NITY FOR A DISCUSSION WITH AGENCY PERSONNEL WHO WERE INVOLVED IN AND ARE KNOWLEDGEABLE ABOUT THE BID EVALUATION PROCESS CONCERNING THE WRITTEN EXPLANATIONS. SUCH PERSONNEL SHALL ALSO PROVIDE, TO THE EXTENT PRACTICA- BLE, ADVICE AND GUIDANCE TO THE UNSUCCESSFUL OFFERER CONCERNING METHODS OF IMPROVING BIDS BY SUCH OFFERER. S 2. This act shall take effect immediately; provided that the amend- ments to section 163 of the state finance law made by section one of this act shall not affect the repeal of such section and shall be deemed repealed therewith.

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