Assembly Bill A2405

2011-2012 Legislative Session

Specifies that where the basis of procurement award is best value, the approach to be used for combining technical and financial evaluation results shall be included

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Archive: Last Bill Status - Stricken

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2011-A2405 (ACTIVE) - Details

Law Section:
State Finance Law
Laws Affected:
Amd §163, St Fin L
Versions Introduced in 2009-2010 Legislative Session:
A1053

2011-A2405 (ACTIVE) - Summary

Specifies that where the basis of a procurement award is best value, the approach to be used for combining technical and financial evaluation results shall be included; specifies that information required by competitive procurement process be set forth with particularity except in extraordinary circumstances.

2011-A2405 (ACTIVE) - Bill Text download pdf 

                            
                    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

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