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A09753 Summary:

BILL NOA09753
 
SAME ASSAME AS S08498-A
 
SPONSORBichotte Hermelyn
 
COSPNSR
 
MLTSPNSR
 
Amd 163, St Fin L
 
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.
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A09753 Actions:

BILL NOA09753
 
04/03/2024referred to governmental operations
05/09/2024enacting clause stricken
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A09753 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A9753
 
SPONSOR: Bichotte Hermelyn
  TITLE OF BILL: An act to amend the state finance law, in relation to the debriefing of certain contracts   PURPOSE OR GENERAL IDEA OF BILL: The purpose of this bill is to provide MWBEs which have had bids rejected with the knowledge they need to secure state contracts in the future, without the hassel of requesting such information   SUMMARY OF SPECIFIC PROVISIONS: Section 1 requires the Director of the Division of Minority and Women's Business Development to promulgate rules regulations requiring all contracting agencies to promptly provide written and email notice to unsuccessful bidders that are MWBEs notifying them that they were not selected and the reasons why, and to disclose the identity of the successful bidder, offer guidance for improving future proposals, and advise such MWBE of services and debriefings available to help them with future proposals, in line with what is afforded to such entities pursu-, ant to section 163 of the state finance law. Section 2 establishes the effective date of this act.   JUSTIFICATION: As we continue to strive towards achieving the 30%. MWBE goal as outlined by Governor Cuomo, we recognize that there will be times when an MWBE is denied the opportunity to secure a state contract. However, we should still find ways to provide education to MWBEs on why they were not selected so that these capable businesses can take steps to improve their chances for the future. With that goal in mind, these explanations should not only clarify the reasons why an MWBE was rejected, but should also provide recommenda- tions on how to improve so future consideration is possible as well as likely. Too often, MWBEs are being turned down from an opportunity but not being given information and explanation as to why and how to get better as a business so that they may better serve our fellow New York- ers. This bill is a response to S1419, which was vetoed by Governor Kathy Hochul in 2023. While State agencies stated they did provide notice, many MWBEs have voiced they have issues with time restrictions and often are too late to make needed requests. This bill would require state agencies to inform an unsuccessful bidder of the reasons for rejection by default, without the information being requested by the MWBE.   PRIOR LEGISLATIVE HISTORY: 2024: New Bill; amended version of 51419   FISCAL IMPLICATION: To be determined   EFFECTIVE DATE: This act shall take effect on the ninetieth day after it shall become a law; provided however, that the amendments to article 15-A of the execu- tive law made by section one of this act shall not affect the expiration of such article and shall be deemed to expire therewith; provided, further, that the director of the division of minority and women's busi- ness development shall be authorized to comuence the rule-making process required pursuant to section one of this act prior to the effective date of this act
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A09753 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9753
 
                   IN ASSEMBLY
 
                                      April 3, 2024
                                       ___________
 
        Introduced  by  M.  of A. BICHOTTE HERMELYN -- read once and referred to
          the Committee on Governmental Operations
 
        AN ACT to amend the state finance law, in relation to the debriefing  of
          certain contracts
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Paragraph c of subdivision 9 of section 163  of  the  state
     2  finance  law,  as  amended by section 2-b of part F of chapter 57 of the
     3  laws of 2016, is amended to read as follows:
     4    c. Where provided in the  solicitation,  state  agencies  may  require
     5  clarification  from offerers for purposes of assuring a full understand-
     6  ing of responsiveness to the solicitation requirements.  Where  provided
     7  for  in  the  solicitation, revisions may be permitted from all offerers
     8  determined to be susceptible of being selected for contract award, prior
     9  to award. Offerers shall be  accorded  fair  and  equal  treatment  with
    10  respect  to  their  opportunity for discussion and revision of offers. A
    11  state agency shall, upon request, provide a debriefing to any unsuccess-
    12  ful offerer that responded to a request for proposal  or  an  invitation
    13  for  bids,  regarding  the reasons that the proposal or bid submitted by
    14  the unsuccessful offerer was not selected for an award. The  opportunity
    15  for  an  unsuccessful offerer to seek a debriefing, and the availability
    16  of a written explanation, shall be stated in the solicitation.
    17    (i) A debriefing shall be requested by the unsuccessful offerer within
    18  [fifteen] thirty calendar days of release  by  the  state  agency  of  a
    19  notice  in  writing or electronically that the offerer's offer is unsuc-
    20  cessful.
    21    (ii) Such notice shall be provided to all unsuccessful offerers by the
    22  state agency for the specific procurement.
    23    (iii) The state agency, upon a request made  within  [fifteen]  thirty
    24  days  of release of the written or electronic notice from the unsuccess-
    25  ful offerer for a debriefing, shall schedule  the  debriefing  to  occur
    26  within a reasonable time of such request. Debriefings shall be conducted
    27  by  the  state agency with the unsuccessful offerer in-person, provided,
    28  however, the parties may mutually agree to utilize other means such  as,
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14018-03-4

        A. 9753                             2
 
     1  but  not  limited to, by telephone, video-conferencing or other types of
     2  electronic communications. State agency personnel participating  in  the
     3  debriefing  discussion  shall  have been involved with and knowledgeable
     4  about the procurement and the evaluation and selection of the successful
     5  offerer or offerers.
     6    (iv)  Such  debriefing  shall include, but need not be limited to: (A)
     7  the reasons that the proposal, bid or offer submitted by the  unsuccess-
     8  ful  offerer was not selected for award; (B) the qualitative and quanti-
     9  tative analysis employed by the agency in assessing the relative  merits
    10  of  the  proposals, bids or offers; (C) the application of the selection
    11  criteria to the  unsuccessful  offerer's  proposal;  and  (D)  when  the
    12  debriefing  is held after the final award, the reasons for the selection
    13  of the winning  proposal,  bid  or  offer.  The  debriefing  shall  also
    14  provide,  to  the extent practicable, general advice and guidance to the
    15  unsuccessful  offerer  concerning  potential  ways  that  their   future
    16  proposals,  bids  or offers could be more responsive. Provided, however,
    17  that an unsuccessful offerer may additionally request a written explana-
    18  tion comparable to such debriefing to be provided by mail or  electronic
    19  mail,  which  the  state  agency  shall provide within sixty days of the
    20  offerer's request for a written explanation.
    21    § 2. This act shall take effect on the ninetieth day  after  it  shall
    22  have become a law; provided, however, that the amendments to subdivision
    23  9  of  section  163 of the state finance law made by section one of this
    24  act shall not affect the repeal of such  section  and  shall  be  deemed
    25  repealed therewith.
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