Requires advance notice of state procurements in the procurement opportunities newsletter.
TITLE OF BILL: An act to amend the economic development law and the state finance law, in relation to advance notice of state procurements
PURPOSE OR GENERAL IDEA OF BILL: To provide the public with more advance notice of state procurements so that prospective contractors may have sufficient time to evaluate an opportunity to submit a proposal.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 amends subdivision 5 of section 142 of the economic development law to provide for a quarterly listing of procurement contracts in the amount of $50,000 in the procurement opportunities newsletter.
Section 2 amends subdivision 8 of section 163 of the state finance law to require advertisement of notice of planned procurements at least six months prior to the formal request for proposal or bid request.
Prospective contractors with the state should be allowed sufficient time to evaluate requests for proposals (RFP) by the state and to prepare a bid or proposal. Under current law state agencies are not required to provide any advance notice of RFPs. This leaves many prospective contractors without enough time to prepare. This legislation will remedy this problem by requiring state agencies to advertise notice of an RFP 6 months in advance of the formal request.
PRIOR LEGISLATIVE HISTORY: New bill.
FISCAL IMPLICATIONS: None.
Ninetieth day after it shall have become a law.
STATE OF NEW YORK ________________________________________________________________________ 3750 2013-2014 Regular Sessions IN SENATE February 13, 2013 ___________Introduced by Sen. GRISANTI -- read twice and ordered printed, and when printed to be committed to the Committee on Commerce, Economic Devel- opment and Small Business AN ACT to amend the economic development law and the state finance law, in relation to advance notice of state procurements THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 5 of section 142 of the economic development law, as amended by chapter 137 of the laws of 2008, is amended to read as follows: 5. In addition to any other notice of procurement contract opportu- nities required in this section, for procurement contracts in the amount of
[two hundred]FIFTY thousand dollars or more to be awarded by all state agencies, each agency shall prepare for inclusion in the procure- ment opportunities newsletter (a) a [semi-annual]QUARTERLY listing of projected procurement purchases by category; (b) an explanation of how to apply for placement on any bidder list maintained by the agency; and (c) a description of procedures for providing advance notification by mail to individuals or business entities on such bidder lists of any request for proposals, in accordance with rules and regulations promul- gated by the agency. The commissioner, in consultation with each agency, shall arrange a schedule for each agency's [semi-annual]QUARTERLY list- ing. S 2. Subdivision 8 of section 163 of the state finance law, as amended by section 12 of part L of chapter 55 of the laws of 2012, is amended to read as follows: 8. Public notice. All procurements by state agencies, including, with- out limitation, the state university of New York and the city university of New York, in excess of fifty thousand dollars shall be advertised in the state's procurement opportunities newsletter in accordance with article four-C of the economic development law. NOTICE OF PLANNEDEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08815-01-3 S. 3750 2
PROCUREMENTS SHALL BE ADVERTISED AT LEAST SIX MONTHS PRIOR TO THE FORMAL REQUEST FOR PROPOSAL OR BID REQUEST AND SHALL INCLUDE A DESCRIPTION OF THE PROCUREMENT WHICH SHALL ALLOW PROSPECTIVE CONTRACTORS TO EVALUATE THE OPPORTUNITY TO SUBMIT A BID OR PROPOSAL. S 3. This act shall take effect on the ninetieth day after it shall have become a law; provided that the amendments to section 163 of the state finance law made by section two of this act shall not affect the repeal of such section and shall be deemed repealed therewith.