Assembly Bill A7405

2023-2024 Legislative Session

Relates to protest procedures

download bill text pdf

Sponsored By

Current Bill Status - In Assembly Committee


  • 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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2023-A7405 (ACTIVE) - Details

See Senate Version of this Bill:
S6942
Current Committee:
Assembly Governmental Operations
Law Section:
State Finance Law
Laws Affected:
Amd §163, St Fin L; amd §2879, Pub Auth L

2023-A7405 (ACTIVE) - Summary

Provides for bidding protest procedures for state agencies and public authorities.

2023-A7405 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7405
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 19, 2023
                                ___________
 
 Introduced by M. of A. McDONALD -- (at request of the State Comptroller)
   -- read once and referred to the Committee on Governmental Operations
 
 AN ACT to amend the state finance law and the public authorities law, in
   relation to protest procedures
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 1 of section 163 of the state  finance  law  is
 amended  by  adding  six  new  paragraphs l, m, n, o, p and q to read as
 follows:
   L. "BIDDER" MEANS AN INDIVIDUAL, ENTITY OR OTHER OFFEROR SUBMITTING  A
 RESPONSE  TO  A SOLICITATION BY A STATE AGENCY, AS DEFINED IN THIS CHAP-
 TER.
   M. "CONTRACT AWARD" MEANS A WRITTEN DETERMINATION FROM A STATE  AGENCY
 TO  A  BIDDER INDICATING THAT THE STATE AGENCY HAS SELECTED A PARTICULAR
 BIDDER UNDER THE PROCUREMENT PROCESS.
   N. "INTERESTED PARTY" MEANS A PARTICIPANT IN THE PROCUREMENT  PROCESS,
 AND  THOSE WHO CAN ESTABLISH THAT THEIR PARTICIPATION IN THE PROCUREMENT
 PROCESS WAS FORECLOSED BY THE ACTIONS  OF  THE  STATE  AGENCY  AND  HAVE
 SUFFERED  HARM  AS  A  RESULT OF THE MANNER IN WHICH THE PROCUREMENT WAS
 CONDUCTED.
   O. "PROTEST" MEANS A WRITTEN CHALLENGE BY AN  INTERESTED  PARTY  OF  A
 CONTRACT AWARD BY A STATE AGENCY.
   P.  "SOLICITATION" MEANS A DOCUMENT ISSUED BY A STATE AGENCY, REQUEST-
 ING A RESPONSE TO A PROCUREMENT NEED, INCLUDING AN INVITATION FOR  BIDS,
 A REQUEST FOR PROPOSALS, OR ANOTHER WRITTEN METHOD OF SEEKING A BID OR A
 PROPOSAL FOR A SPECIFIED PURPOSE.
   Q. "PROTEST PROCEDURE" MEANS THE GUIDANCE DEVELOPED AND IMPLEMENTED BY
 EVERY  STATE AGENCY PURSUANT TO THE PROVISIONS OF THIS SECTION TO GOVERN
 THE PROTEST OF A CONTRACT AWARD.
   § 2. Section 163 of the state finance law is amended by adding  a  new
 subdivision 16 to read as follows:

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10215-01-3
              

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