S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6942
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               May 16, 2023
                                ___________
 
 Introduced  by  Sen.  COONEY -- (at request of the State Comptroller) --
   read twice and ordered printed, and when printed to  be  committed  to
   the Committee on Procurement and Contracts
 
 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.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10215-01-3
 S. 6942                             2
              

 
   § 2. Section 163 of the state finance law is amended by adding  a  new
 subdivision 16 to read as follows:
   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.