Requires state agencies to provide unsuccessful bidders with reasons why the winning bid was selected and provide advice or guidance on methods for improving future bids during the debriefing process.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A2029D
SPONSOR: Hevesi TITLE OF BILL: An act to amend the state finance law, in relation to
requiring state agencies to provide certain information to unsuccessful
bidders during the debriefing process
PURPOSE OR GENERAL IDEA OF BILL: The purpose of this bill is to
require state agencies to provide information to unsuccessful bidders
during the debriefing process describing why their proposal or bid was
not selected, and why the winning proposal or bid was selected.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 amends paragraph c of subdivision 9 of section 163 of the
state finance law, as amended by chapter 137 of the laws of 2008, to
include enhanced debriefing of unsuccessful proposals or bids, including
explaining why the winning bid was selected and provide advice or guid-
ance on methods for improving future bids.
Section 2 provides an immediate effective date.
JUSTIFICATION: Currently, state agencies are required to provide a
debriefing to any unsuccessful offerer that responded to a request for
proposal or an invitation for bids, and describe the reasons that the
proposal or bid submitted by the unsuccessful offerer was not selected
for award. However, the state agencies do not currently have to explain
why the winning bid was ultimately selected, or provide advice or guid-
ance on methods for improving future bids. This bill would allow unsuc-
cessful offerers the ability to understand why their offer was not
selected and where they need to improve in order to have their bid or
proposal awarded. This bill would benefit all New Yorkers by guarantying
that the best bid or proposal is selected and that those that aren't
selected are able to improve and better compete for awards.
PRIOR LEGISLATIVE HISTORY: This is a new bill.
FISCAL IMPLICATIONS: To be determined.
EFFECTIVE DATE: This act shall take effect immediately; provided that
the amendments to 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deemed repealed therewith.
