NY State Senate Bill 2025-S8385

Current Bill Status - In Senate Committee Rules 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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 06, 2025	referred to rules

2025-S8385 (ACTIVE) - Details

Current Committee:: Senate Rules
Law Section:: State Finance Law
Laws Affected:: Amd §163, St Fin L; amd §2879, Pub Auth L

2025-S8385 (ACTIVE) - Summary

Relates to establishing protest procedures on contracts rewarded by state agencies and how such protests may be resolved.

2025-S8385 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8385

SPONSOR: COMRIE
 
TITLE OF BILL:

An act to amend the state finance law and the public authorities law, in
relation to protest procedures

 
PURPOSE:

This bill would require all state agencies and public authorities to
provide bidders and interested parties with the opportunity to protest a
contract award.

 
SUMMARY OF PROVISIONS:

Section 1 of this bill amends the State Finance Law section 163(1) to
provide definitions for "bidder," "contract award," "interested party,"
"protest," "solicitation," and "protest procedure."

Section 2 of this bill amends the State Finance Law section 163 by
adding a new subdivision 12 to require every State agency to make avail-

able protest procedures to interested parties, provide notice of their
protest procedures in solicitation documents, and provide all bidders
with written notice of the contract award. This section also provides
the minimum requirements for an agency's protest procedures.

Section 3 of this bill amends the Public Authorities Law section 2879 to
add a new subdivision 10 to require every public authority to make
available protest procedures to interested parties, provide notice of
their protest procedures in solicitation documents, and provide all
bidders with written notice of the contract award. This section also
provides the minimum requirements for an authority's protest procedures.

Section 4 of this bill provides the effective date.

 
JUSTIFICATION:

While many State agencies currently provide bidders and interested
parties with a process to object to a contract award, they are not
required to do so. This bill would require all State agencies and public
authorities to establish protest procedures, that meet minimum require-
ments, and to provide notice of those procedures in solicitation docu-
ments.

The State procurement process is intended to facilitate each procuring
entity's mission while protecting the interests of the State and its
taxpayers and promoting fairness in the contracting process.  Requiring
State agencies and public authorities to establish protest procedures
will provide bidders and interested parties a fair and clear process to
object a contract award and provides an opportunity for bidders and
interested parties to express any concerns with the bid or award proc-
ess.

 
LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS:
None to the State.

 
EFFECTIVE DATE:
This act shall take effect on the sixtieth day after it shall have
become law.

2025-S8385 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8385
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                               June 6, 2025
                                ___________
 
 Introduced  by  Sen.  COMRIE -- (at request of the State Comptroller) --
   read twice and ordered printed, and when printed to  be  committed  to
   the Committee on Rules
 
 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.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06355-01-5
 S. 8385                             2

 
   § 2. Section 163 of the state finance law is amended by adding  a  new
 subdivision 16 to read as follows:
   16.  STATE  AGENCY  PROTEST.  EVERY  STATE AGENCY SHALL MAKE AVAILABLE
 PROTEST PROCEDURES TO INTERESTED PARTIES AND  PROVIDE  NOTICE  OF  THEIR
 PROTEST  PROCEDURES  IN SOLICITATION DOCUMENTS, AND ALL BIDDERS SHALL BE
 GIVEN WRITTEN NOTICE OF THE CONTRACT AWARD. AT A MINIMUM, PROTEST PROCE-
 DURES SHALL INCLUDE:
   A. THE FORM AND MANNER FOR SUBMISSION OF A BID PROTEST;
   B. THE DEADLINE FOR SUBMISSION OF A BID PROTEST; WHICH SHALL BE EITHER
 TEN BUSINESS DAYS FROM NOTICE OF THE CONTRACT  AWARD  OR  FIVE  BUSINESS
 DAYS FROM THE DEBRIEFING, WHICHEVER IS LATER;
   C.  THE MANNER IN WHICH THE BID PROTEST WILL BE RESOLVED, AND A DETER-
 MINATION WILL BE ISSUED; AND
   D. A RETENTION POLICY FOR ALL RECORDS RELATED TO BID PROTESTS.
   § 3. Subdivision 9 of section 2879 of the public authorities  law,  as
 renumbered by chapter 844 of the laws of 1992, is renumbered subdivision
 10 and a new subdivision 9 is added to read as follows:
   9.  (A) IN ADDITION TO THE PROCUREMENT CONTRACT GUIDELINES REQUIRED BY
 THIS SECTION, EVERY CORPORATION SHALL MAKE AVAILABLE PROTEST  PROCEDURES
 TO  INTERESTED PARTIES AND PROVIDE NOTICE OF THEIR PROTEST PROCEDURES IN
 SOLICITATION DOCUMENTS, AND ALL BIDDERS SHALL BE GIVEN WRITTEN NOTICE OF
 THE CONTRACT AWARD. AT A MINIMUM, PROTEST PROCEDURES SHALL INCLUDE:
   (I) THE FORM AND MANNER FOR SUBMISSION OF A BID PROTEST;
   (II) THE DEADLINE FOR SUBMISSION OF A  BID  PROTEST;  WHICH  SHALL  BE
 EITHER TEN BUSINESS DAYS FROM NOTICE OF THE CONTRACT AWARD OR FIVE BUSI-
 NESS DAYS FROM THE DEBRIEFING, WHICHEVER IS LATER;
   (III)  THE  MANNER  IN  WHICH  THE BID PROTEST WILL BE RESOLVED, AND A
 DETERMINATION WILL BE ISSUED; AND
   (IV) A RETENTION POLICY FOR ALL RECORDS RELATED TO BID PROTESTS.
   (B) FOR THE PURPOSES OF THIS SUBDIVISION, THE  FOLLOWING  TERMS  SHALL
 HAVE THE FOLLOWING MEANINGS:
   (I)  "BIDDER"  SHALL  HAVE  THE SAME MEANING AS DEFINED IN SECTION ONE
 HUNDRED SIXTY-THREE OF THE STATE FINANCE LAW.
   (II) "CONTRACT AWARD" SHALL  HAVE  THE  SAME  MEANING  AS  DEFINED  IN
 SECTION ONE HUNDRED SIXTY-THREE OF THE STATE FINANCE LAW.
   (III)  "INTERESTED  PARTY"  SHALL  HAVE THE SAME MEANING AS DEFINED IN
 SECTION ONE HUNDRED SIXTY-THREE OF THE STATE FINANCE LAW.
   (IV) "PROTEST" SHALL HAVE THE SAME MEANING AS DEFINED IN  SECTION  ONE
 HUNDRED SIXTY-THREE OF THE STATE FINANCE LAW.
   (V)  "SOLICITATION"  SHALL HAVE THE SAME MEANING AS DEFINED IN SECTION
 ONE HUNDRED SIXTY-THREE OF THE STATE FINANCE LAW.
   (VI) "PROTEST PROCEDURE" SHALL HAVE THE SAME  MEANING  AS  DEFINED  IN
 SECTION ONE HUNDRED SIXTY-THREE OF THE STATE FINANCE LAW.
   §  4.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Senate Bill S8385

Sponsored By

Current Bill Status - In Senate Committee Rules Committee

2025-S8385 (ACTIVE) - Details

2025-S8385 (ACTIVE) - Summary

2025-S8385 (ACTIVE) - Sponsor Memo

2025-S8385 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S8385

Share this bill

Sponsored By

Leroy Comrie

Current Bill Status - In Senate Committee Rules Committee

2025-S8385 (ACTIVE) - Details

2025-S8385 (ACTIVE) - Summary

2025-S8385 (ACTIVE) - Sponsor Memo

2025-S8385 (ACTIVE) - Bill Text download pdf

Comments