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Assembly Bill A2408

2011-2012 Legislative Session

Requires a participant or one whose participation has been foreclosed by the procuring agency to be given an opportunity to challenge a procurement award

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2011-A2408 (ACTIVE) - Details

Law Section:
State Finance Law
Laws Affected:
Amd ยง163, St Fin L
Versions Introduced in 2009-2010 Legislative Session:
A1051

2011-A2408 (ACTIVE) - Summary

Requires a participant or one whose participation has been foreclosed by the procuring agency to be given an opportunity to challenge a procurement award; also requires the procurement record be made available to the parties to a challenge to the award absent extraordinary circumstances.

2011-A2408 (ACTIVE) - Bill Text download pdf 

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

                                  2408

                       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. COOK, MAGEE, PHEFFER, J. RIVERA -- read once and referred to
  the Committee on Governmental Operations

AN ACT to amend the state finance law, in relation to  providing  for  a
  challenge to a procurement award

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 12 of section 163 of the state finance law,  as
added by chapter 83 of the laws of 1995, is amended to read as follows:
  12.  Review  by  the  office  of  the state comptroller. Review by the
office of the state comptroller shall be in accordance with section  one
hundred  twelve of this chapter.  THE COMPTROLLER SHALL PROMULGATE REGU-
LATIONS WHICH PROVIDE, TO A PARTICIPANT IN THE PROCUREMENT  PROCESS  AND
THOSE WHOSE PARTICIPATION IN THE PROCUREMENT PROCESS HAS BEEN FORECLOSED
BY  THE  ACTIONS  OF THE PROCURING AGENCY, AN OPPORTUNITY TO CHALLENGE A
PROCUREMENT AWARD.  ABSENT EXTRAORDINARY CIRCUMSTANCES, THE  PROCUREMENT
RECORD  SHALL  BE  AVAILABLE  TO PARTIES TO A CHALLENGE TO A PROCUREMENT
AWARD.
  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 the foregoing section of this act on
its  effective  date is authorized and directed to be made and completed
on or before such effective date; provided, however, that the  amendment
to  subdivision  12  of  section  163  of  the state finance law made by
section one of this act shall not affect the repeal of such section  and
shall be deemed repealed therewith.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06373-01-1

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