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Assembly Bill A3153

2011-2012 Legislative Session

Creates criteria for the selection of state contracts in cases where there is a tie in the bid for such contracts

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2011-A3153 (ACTIVE) - Details

Law Section:
State Finance Law
Laws Affected:
Amd ยง163, St Fin L
Versions Introduced in 2009-2010 Legislative Session:
A2041

2011-A3153 (ACTIVE) - Summary

Creates criteria for the selection of state contracts where there is a tie in a bid.

2011-A3153 (ACTIVE) - Bill Text download pdf 

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

                                  3153

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 24, 2011
                               ___________

Introduced  by M. of A. CALHOUN -- read once and referred to the Commit-
  tee on Governmental Operations

AN ACT to amend the state finance law, in relation to creating  criteria
  for the selection of certain state contracts

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

  Section 1. Paragraph a of subdivision 10 of section 163 of  the  state
finance  law,  as added by chapter 83 of the laws of 1995, is amended to
read as follows:
  a. Selection and  award  shall  be  a  written  determination  in  the
procurement  record  made  by  the  commissioner  or a state agency in a
manner consistent with the provisions of the solicitation. In the  event
two  offers are found to be substantially equivalent, price shall be the
basis for determining the award  recipient  or,  when  price  and  other
factors  are  found to be substantially equivalent, the determination of
the commissioner or agency head to award a contract to one  or  more  of
such  bidders  shall  be  final. IN SUCH CASE, A TIE BETWEEN TWO BIDDERS
WHOSE BIDS ARE FOUND TO  BE  SUBSTANTIALLY  EQUIVALENT  WILL  BE  BROKEN
ACCORDING TO THE FOLLOWING METHODS, IN DESCENDING ORDER:
  (A) IN-STATE BUSINESS;
  (B) SMALL BUSINESS OR CERTIFIED MWBE;
  (C)  AWARD ITEM OR ITEMS TO VENDOR WHO WAS LOW VENDOR ON OTHER ITEM OR
ITEMS BEING BID PER THE SAME REQUISITION;
  (D) BEST DELIVERY;
  (E) CONTINUITY OF AN EXITING BUSINESS RELATIONSHIP;
  (F) BY LOT OR COIN TOSS.
  The basis for  determining  the  award  shall  be  documented  in  the
procurement record.
  S  2.  This act shall take effect immediately, provided, however, that
the amendments to paragraph a of subdivision 10 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.

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