S T A T E O F N E W Y O R K
________________________________________________________________________
2405
2011-2012 Regular Sessions
I N A S S E M B L Y
January 18, 2011
___________
Introduced by M. of A. DESTITO, BRENNAN, MARKEY -- Multi-Sponsored by --
M. of A. CAHILL, COOK, MAGEE, REILLY, J. RIVERA -- read once and
referred to the Committee on Governmental Operations
AN ACT to amend the state finance law, in relation to specifying the
approach to be used for combining technical and financial evaluation
results in the competitive procurement process and setting forth
information with particularity
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraphs a and b of subdivision 9 of section 163 of the
state finance law, as added by chapter 83 of the laws of 1995, are
amended to read as follows:
a. The commissioner or a state agency shall select a formal compet-
itive procurement process in accordance with guidelines established by
the state procurement council and document its determination in the
procurement record. The process shall include, but is not limited to, a
clear statement of need; a description of the required specifications
governing performance and related factors; a reasonable process for
ensuring a competitive field; a fair and equal opportunity for offerers
to submit responsive offers; and a balanced and fair method of award.
Where the basis for the award is best value, documentation in the
procurement record shall, where practicable, include a quantification of
the application of the criteria to the rating of proposals and the eval-
uation results AND THE APPROACH TO BE USED FOR COMBINING TECHNICAL AND
FINANCIAL EVALUATION RESULTS, or, where not practicable, such other
justification which demonstrates that best value will be achieved.
EXCEPT IN EXTRAORDINARY CIRCUMSTANCES, THE INFORMATION REQUIRED BY THIS
PARAGRAPH SHALL BE SET FORTH WITH PARTICULARITY.
b. The solicitation shall prescribe the minimum specifications or
requirements that must be met in order to be considered responsive and
shall describe and disclose AT LEAST the general manner in which the
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06374-01-1
A. 2405 2
evaluation and selection shall be conducted. Where appropriate, the
solicitation shall identify the relative importance and/or weight of
cost and the overall technical criterion AND THE APPROACH TO BE USED FOR
COMBINING TECHNICAL AND FINANCIAL EVALUATION RESULTS to be considered by
a state agency in its determination of best value. EXCEPT IN EXTRAOR-
DINARY CIRCUMSTANCES, THE INFORMATION REQUIRED BY THIS PARAGRAPH SHALL
BE SET FORTH WITH PARTICULARITY.
S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law; provided, however, that effective immediate-
ly, the addition, amendment and/or repeal of any rules or regulations
necessary for the implementation of this act on its effective date is
authorized and directed to be made and completed on or before such
effective date; and provided further, however, that the amendments to
paragraphs a and b of subdivision 9 of section 163 of the state finance
law made by section one of this act shall not affect the repeal of such
section as provided in subdivision 5 of section 362 of chapter 83 of the
laws of 1995, as from time to time amended, and shall be deemed repealed
therewith.