S T A T E O F N E W Y O R K
________________________________________________________________________
3815
2009-2010 Regular Sessions
I N A S S E M B L Y
January 28, 2009
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Introduced by M. of A. BRENNAN, PHEFFER, COLTON -- Multi-Sponsored by --
M. of A. CAHILL, COOK, GLICK, GOTTFRIED, JOHN, SWEENEY -- read once
and referred to the Committee on Governmental Operations
AN ACT to amend the state finance law, in relation to sharing of vendor
responsibility determinations
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The state finance law is amended by adding a new section
147 to read as follows:
S 147. SHARING OF VENDOR RESPONSIBILITY DETERMINATIONS. ANY FINAL
NONRESPONSIBILITY DETERMINATION MADE BY A STATE AGENCY, DEPARTMENT,
BOARD, COMMISSION, OFFICE OR INSTITUTION IN CONJUNCTION WITH AN AWARD OF
A CONTRACT EXCEEDING TEN THOUSAND DOLLARS, SHALL BE TRANSMITTED WITH
SUPPORTING DOCUMENTATION TO THE STATE COMPTROLLER. A FINAL NONRESPONSI-
BILITY DETERMINATION MADE BY A PUBLIC BENEFIT CORPORATION OR PUBLIC
AUTHORITY IN CONJUNCTION WITH AN AWARD OF A CONTRACT EXCEEDING TEN THOU-
SAND DOLLARS, MAY BE TRANSMITTED TO THE STATE COMPTROLLER UNLESS THE
COMPTROLLER APPROVES SUCH PUBLIC AUTHORITY'S OR PUBLIC BENEFIT CORPO-
RATION'S CONTRACTS, IN WHICH CASE SUCH PUBLIC AUTHORITY'S OR PUBLIC
BENEFIT CORPORATION'S FINAL NONRESPONSIBILITY DETERMINATIONS SHALL BE
TRANSMITTED TO THE STATE COMPTROLLER WITH SUPPORTING DOCUMENTATION. IN
THOSE INSTANCES WHERE THE STATE COMPTROLLER, IN ACCORDANCE WITH SECTION
ONE HUNDRED TWELVE OF THIS CHAPTER OR PURSUANT TO ANY OTHER LAW OR
AGREEMENT, APPROVES A CONTRACT AWARD WHICH UPHOLDS A FINAL NONRESPONSI-
BILITY DETERMINATION, THE STATE COMPTROLLER SHALL SHARE SUCH NONRESPON-
SIBILITY DETERMINATIONS WITH ALL AGENCIES IN SUCH MANNER AND FORM AS HE
OR SHE DEEMS APPROPRIATE TO ENSURE THE TIMELY SHARING OF SUCH INFORMA-
TION. NONRESPONSIBILITY DETERMINATIONS SHARED BY THE COMPTROLLER SHALL
INCLUDE WITHOUT LIMITATION THE NAME OF THE BIDDER, CONTRACTOR OR SUBCON-
TRACTOR DEEMED NONRESPONSIBLE, THE NAME OF THE CONTRACTING AGENCY, AND
THE REASONS FOR SUCH DETERMINATION. AGENCIES SHALL, AND PUBLIC BENEFIT
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05243-01-9
A. 3815 2
CORPORATIONS OR PUBLIC AUTHORITIES MAY, EXAMINE SUCH DATA IN DETERMINING
RESPONSIBILITY OF PROSPECTIVE BIDDERS, OR SUBCONTRACTORS BUT SHALL NOT
BE BOUND BY SUCH OTHER AGENCY NONRESPONSIBILITY DETERMINATIONS.
S 2. This act shall take effect immediately.