Bill Text: NY A02273 | 2011-2012 | General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 9-0)

Status: (Introduced - Dead) 2012-01-04 - referred to governmental operations [A02273 Detail]

Download: New_York-2011-A02273-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2273
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   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    S 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    S 2. This act shall take effect immediately.