senate Bill S3750

Relates to advance notice of state procurements

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 13 / Feb / 2013
    • REFERRED TO COMMERCE, ECONOMIC DEVELOPMENT AND SMALL BUSINESS
  • 30 / Apr / 2013
    • REPORTED AND COMMITTED TO FINANCE
  • 08 / Jan / 2014
    • REFERRED TO COMMERCE, ECONOMIC DEVELOPMENT AND SMALL BUSINESS

Summary

Requires advance notice of state procurements in the procurement opportunities newsletter.

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Bill Details

Versions:
S3750
Legislative Cycle:
2013-2014
Current Committee:
Senate Commerce, Economic Development And Small Business
Law Section:
Economic Development Law
Laws Affected:
Amd §142, Ec Dev L; amd §163, St Fin L

Votes

Sponsor Memo

BILL NUMBER:S3750

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 develop-
ment 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.

JUSTIFICATION:

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.

EFFECTIVE DATE:

Ninetieth day after it shall have become a law.

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

                                  3750

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            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  PLANNED

 EXPLANATION--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.

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