S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7405
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 19, 2023
                                ___________
 
 Introduced by M. of A. McDONALD -- (at request of the State Comptroller)
   -- read once and referred to the Committee on Governmental Operations
 
 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.
   § 2. Section 163 of the state finance law is amended by adding  a  new
 subdivision 16 to read as follows:

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10215-01-3
              

 A. 7405                             2
 
   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 SHALL BE RESOLVED, AND A DETER-
 MINATION SHALL BE ISSUED; AND
   D. A RETENTION POLICY FOR ALL RECORDS RELATED TO BID PROTESTS.
   § 3. Section 2879 of the public authorities law is amended by adding a
 new subdivision 10 to read as follows:
   10. (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 SHALL BE RESOLVED, AND A
 DETERMINATION SHALL 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" MEANS AN INDIVIDUAL, ENTITY OR OTHER OFFEROR SUBMITTING A
 RESPONSE TO A SOLICITATION BY A CORPORATION.
   (II) "CONTRACT AWARD" MEANS A WRITTEN DETERMINATION FROM A CORPORATION
 TO  A  BIDDER  INDICATING THAT THE CORPORATION HAS SELECTED A PARTICULAR
 BIDDER UNDER THE PROCUREMENT PROCESS.
   (III) "INTERESTED PARTY" MEANS A PARTICIPANT IN THE PROCUREMENT  PROC-
 ESS,  AND  THOSE  WHO  CAN  ESTABLISH  THAT  THEIR  PARTICIPATION IN THE
 PROCUREMENT PROCESS WAS FORECLOSED BY THE ACTIONS OF THE CORPORATION AND
 HAVE SUFFERED HARM AS A RESULT OF THE MANNER IN  WHICH  THE  PROCUREMENT
 WAS CONDUCTED.
   (IV)  "PROTEST"  MEANS A WRITTEN CHALLENGE BY AN INTERESTED PARTY OF A
 CONTRACT AWARD BY A CORPORATION.
   (V) "SOLICITATION" MEANS A DOCUMENT ISSUED BY A CORPORATION,  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.
   (VI) "PROTEST PROCEDURE" MEANS THE GUIDANCE DEVELOPED AND  IMPLEMENTED
 BY  EVERY  CORPORATION  PURSUANT  TO  THE  PROVISIONS OF THIS SECTION TO
 GOVERN THE PROTEST OF A CONTRACT AWARD.
   § 4. This act shall take effect on the sixtieth  day  after  it  shall
 have become a law; provided, however, that the amendments to section 163
 of  the state finance law made by sections one and two of this act shall
 not affect the repeal of such section and shall be deemed repealed ther-
 ewith.