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shall be deemed repealed therewith.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