Provides that an unsuccessful offerer may additionally request a written explanation comparable to such debriefing to be provided by mail or electronic mail, which the state agency shall provide within sixty days of the offerer's request for a written explanation; lengthens the period in which a debriefing shall be requested by the unsuccessful offerer and the length of time in which a state agency must respond from 15 days to 30 days.
Summary
S05149 amends New York’s State Finance Law governing procurement debriefings for unsuccessful bidders and offerers on state contracts. The bill requires state agencies, when they include debriefing rights in a solicitation, to tell unsuccessful offerers that they may request a debriefing and a written explanation of the award decision. It also extends the time to request a debriefing from 15 days to 30 days after notice of an unsuccessful bid, and gives agencies 30 days to schedule the debriefing after a timely request.
The bill further expands the substance of debriefings. Agencies must explain why the proposal was not selected, describe the qualitative and quantitative evaluation used, explain how the selection criteria were applied, and, when the debriefing occurs after final award, explain why the winning proposal was chosen. The bill also allows unsuccessful offerers to request a comparable written explanation by mail or email, which the agency must provide within 60 days. Debriefings may be in person or, by mutual agreement, through telephone, video conference, or other electronic means.
Impact
The bill changes procurement procedures under section 163 of the State Finance Law, affecting state agencies and vendors competing for state contracts. It lengthens deadlines for requesting and scheduling debriefings, requires solicitation notices to disclose debriefing and written-explanation options, and imposes a new obligation on agencies to provide a written explanation upon request. The practical effect is to increase transparency and give unsuccessful bidders more information about procurement outcomes and how to improve future submissions.
Sentiment
The bill appears to have been received very positively. It passed the Senate Procurement and Contracts Committee unanimously, then cleared the Senate floor and the Assembly floor with no recorded opposition. The unanimous votes suggest broad agreement that the measure is a modest, procedural reform aimed at improving fairness and transparency in state contracting.
Contention
No notable opposition is reflected in the available record, and there are no committee transcripts indicating debate. The main policy choice embedded in the bill is whether to give unsuccessful offerers more time and more detailed feedback after a procurement decision; the bill resolves that in favor of bidders by extending deadlines and adding a written-explanation option. Any potential concerns would likely center on added administrative burden for agencies and procurement staff, but those concerns are not documented in the provided materials.
Same As
Provides that an unsuccessful offerer may additionally request a written explanation comparable to such debriefing to be provided by mail or electronic mail, which the state agency shall provide within sixty days of the offerer's request for a written explanation; lengthens the period in which a debriefing shall be requested by the unsuccessful offerer and the length of time in which a state agency must respond from 15 days to 30 days.
Provides that an unsuccessful offerer may additionally request a written explanation comparable to such debriefing to be provided by mail or electronic mail, which the state agency shall provide within sixty days of the offerer's request for a written explanation; lengthens the period in which a debriefing shall be requested by the unsuccessful offerer and the length of time in which a state agency must respond from 15 days to 30 days.
Provides that an unsuccessful offerer may additionally request a written explanation comparable to such debriefing to be provided by mail or electronic mail, which the state agency shall provide within sixty days of the offerer's request for a written explanation; lengthens the period in which a debriefing shall be requested by the unsuccessful offerer and the length of time in which a state agency must respond from 15 days to 30 days.
Provides that any entity subject to the provisions of article six of the public officers law which does not grant or deny a request for a record within twenty-five days of such request shall be deemed to have denied the request for such record; makes related provisions.
Requesting Each State Agency To Provide The Affected Person With Written Notice Of Certain Information Before Taking Any Final Administrative Action That Materially And Adversely Affects A Protected Liberty Or Property Interest.
Provides that an unsuccessful offerer may additionally request a written explanation comparable to such debriefing to be provided by mail or electronic mail, which the state agency shall provide within sixty days of the offerer's request for a written explanation; lengthens the period in which a debriefing shall be requested by the unsuccessful offerer and the length of time in which a state agency must respond from 15 days to 30 days.
Establishes protected leave under "Family Leave Act" and family temporary disability leave benefits for bereavement for death of child, miscarriage, stillbirth, and certain other circumstances.
Requires candidate and joint candidates close campaign depository accounts not later than seven years following end of service in elected public office or unsuccessful election.