Extends certain provisions relating to restrictions on contacts and disclosure of contacts during the procurement process.
Ayes (36): DeFrancisco, Bonacic, Farley, Flanagan, Golden, Grisanti, Hannon, Lanza, Larkin, LaValle, Little, Marcellino, Nozzolio, O'Mara, Ranzenhofer, Robach, Savino, Seward, Young, Valesky, Martins, Krueger, Diaz, Dilan, Rivera, Gianaris, Breslin, Montgomery, Parker, Peralta, Perkins, Stavisky, Squadron, Kennedy, Espaillat, Hassell-Thompson
Ayes W/R (1): Griffo
TITLE OF BILL: An act to amend chapter 1 of the laws of 2005, amending the state finance law relating to restricting contacts in the procurement process and the recording of contacts relating thereto, in relation to extending the effectiveness thereof
Purpose of Bill:
This proposal extends for four more years the effectiveness of sections one hundred thirty-nine-j and one hundred thirty-nine-k of the State Finance Law (SFL) with respect to restrictions on communications between bidding vendors (or potential bidders) and contracting agencies during a procurement process and the recording of such communications.
Summary of Provisions:
SFL §§ 139-j and 139-k would be extended for four years, through July 31, 2018.
SFL §§ 139-j and 139-k are currently scheduled to expire on July 31, 2014.
Prior Legislative History:
SFL §§ 139-j and 139-k were last extended by chapter 4 of the laws of 2010. Previous extensions were enacted by L.2009, c. 169 and L.2007, c. 501. These sections of law were added as part of a larger lobbying reform bill, L.2005, c. 1.
Statement in Support:
Concerns about ensuring that the public procurement process was competitive, open and transparent and conducted on a level playing field led to the enactment in 2005 of SFL §§ 139-j and 139-k restricting contacts during the procurement process and providing for the recording of such contacts. The laws were originally scheduled to expire on December 31, 2007, but have since been extended, most recently by L.2010, c. 4. The continuation of these provisions is important to maintain the integrity of the public procurement infrastructure and to ensure the exercise of best practices in the establishment and administration of State contracts.
STATE OF NEW YORK ________________________________________________________________________ 6967 IN SENATE April 9, 2014 ___________Introduced by Sen. DeFRANCISCO -- (at request of the Office of General Services) -- read twice and ordered printed, and when printed to be committed to the Committee on Finance AN ACT to amend chapter 1 of the laws of 2005, amending the state finance law relating to restricting contacts in the procurement proc- ess and the recording of contacts relating thereto, in relation to extending the effectiveness thereof THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 16 of chapter 1 of the laws of 2005, amending the state finance law relating to restricting contacts in the procurement process and the recording of contacts relating thereto, as amended by chapter 4 of the laws of 2010, is amended to read as follows: S 16. This act shall take effect immediately; provided, however, that sections one, six, eight, nine, ten, eleven and fifteen of this act shall take effect January 1, 2006; and provided, however, the amendments to paragraph f of subdivision 9 of section 163 of the state finance law made by section fifteen of this act shall not affect the repeal of such section and shall be deemed repealed therewith; provided, further, that the amendments to article 1-A of the legislative law, made by this act, shall not affect the repeal of such article pursuant to chapter 2 of the laws of 1999, as amended, and shall be deemed repealed therewith; provided, further, that sections thirteen and fourteen of this act shall take effect January 1, 2006 and shall be deemed repealed July 31,
2018; provided, further, that effective immediately, the advisory coun- cil on procurement lobbying created pursuant to section twelve of this act shall be constituted no later than sixty days following the effec- tive date of this act, provided that effective sixty days following the effective date of this act, the advisory council on procurement lobbying shall be authorized to establish model guidelines and to add, amend and/or repeal any rules or regulations necessary for the implementation of its duties under sections twelve and thirteen of this act, and the advisory council authorized to make and complete such model guidelines on or before the effective date of section thirteen of this act;EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD13814-02-4 S. 6967 2
provided, further, that procurement contracts for which bid solicita- tions have been issued prior to the effective date of this act shall be awarded pursuant to the provisions of law in effect at the time of issu- ance. S 2. This act shall take effect immediately.