Bill Text: NY A02029 | 2015-2016 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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 (Democrat 4-0)

Status: (Introduced - Dead) 2015-06-18 - substituted by s3450c [A02029 Detail]

Download: New_York-2015-A02029-Introduced.html

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                           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:
    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.  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  state agency shall, upon request, provide a debriefing to any unsuccess-
   12  ful  offerer  that  responded to a request for proposal or an invitation
   13  for bids[, regarding]. SUCH DEBRIEFING SHALL INCLUDE, BUT  NEED  NOT  BE
   14  LIMITED TO, the reasons that the proposal or bid submitted by the unsuc-
   15  cessful  offerer  was  not selected for an award, WHY THE WINING BID WAS
   16  SELECTED AND PROVIDE ADVICE OR GUIDANCE ON METHODS FOR IMPROVING  FUTURE
   17  BIDS.   The opportunity for an unsuccessful offerer to seek a debriefing
   18  shall be stated in the solicitation, which shall  provide  a  reasonable
   19  time for requesting a debriefing.
   20    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