Requires state agencies to forward final determinations of vendor nonresponsibility to the state comptroller; provides that the comptroller shall share such information with other state agencies; requires contracting agencies to consult, but not be bound by, the data in determining responsibility of prospective bidders or subcontractors.
STATE OF NEW YORK
________________________________________________________________________
2273
2011-2012 Regular Sessions
IN ASSEMBLY
January 14, 2011
___________
Introduced by M. of A. BRENNAN, PHEFFER, COLTON, WEPRIN -- Multi-Spon-
sored by -- M. of A. CAHILL, COOK, GLICK, GOTTFRIED, SWEENEY -- read
once and referred to the Committee on Governmental Operations
AN ACT to amend the state finance law, in relation to sharing of vendor
responsibility determinations
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The state finance law is amended by adding a new section
2 147 to read as follows:
3 § 147. Sharing of vendor responsibility determinations. Any final
4 nonresponsibility determination made by a state agency, department,
5 board, commission, office or institution in conjunction with an award of
6 a contract exceeding ten thousand dollars, shall be transmitted with
7 supporting documentation to the state comptroller. A final nonresponsi-
8 bility determination made by a public benefit corporation or public
9 authority in conjunction with an award of a contract exceeding ten thou-
10 sand dollars, may be transmitted to the state comptroller unless the
11 comptroller approves such public authority's or public benefit corpo-
12 ration's contracts, in which case such public authority's or public
13 benefit corporation's final nonresponsibility determinations shall be
14 transmitted to the state comptroller with supporting documentation. In
15 those instances where the state comptroller, in accordance with section
16 one hundred twelve of this chapter or pursuant to any other law or
17 agreement, approves a contract award which upholds a final nonresponsi-
18 bility determination, the state comptroller shall share such nonrespon-
19 sibility determinations with all agencies in such manner and form as he
20 or she deems appropriate to ensure the timely sharing of such informa-
21 tion. Nonresponsibility determinations shared by the comptroller shall
22 include without limitation the name of the bidder, contractor or subcon-
23 tractor deemed nonresponsible, the name of the contracting agency, and
24 the reasons for such determination. Agencies shall, and public benefit
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04777-01-1
A. 2273 2
1 corporations or public authorities may, examine such data in determining
2 responsibility of prospective bidders, or subcontractors but shall not
3 be bound by such other agency nonresponsibility determinations.
4 § 2. This act shall take effect immediately.
