Legislative Memo

Ken Pokalsky
Vice President
T 518.465.7511


S.6452 (DeFrancisco) / A.8156 (Peoples-Stokes)



Enacts Various Provisions Relating to Procurement Procedures



May 30, 2018


The Business Council supports S.6452 (DeFrancisco) / A.8156 Peoples-Stokes, which would make a number of amendments to the state’s contract procurement procedures.

Specifically, the bill would include the following positive reforms:

The Business Council supports requiring agencies to enroll with the OSC to access the vendor responsibility (VendRep) system, which would save time and money for businesses by sparing them paperwork, particularly in those cases of agencies that utilize their own vendor responsibility forms. However, as the VendRep process can also be complicated and time-consuming, The Business Council would also support time frames worked into current statute regarding timeliness of responsibility determinations and encourage OSC to look into current vendor issues with the system.

Further, allowing for simultaneous negotiations with two or more responsive offerors is a negotiating tactic already employed in federal procurement and in other states. This method is particularly useful in some of the more complex procurements. Current law allows for an agency to negotiate with the successful bidder after an award, but even then, material terms cannot be negotiated. In this respect, New York is considered to be risk-adverse and inflexible in comparison to other states.1 Competitive negotiation will help the state realize innovative solutions in procurement and allow vendors an opportunity to showcase their company’s capabilities during the negotiating process.

Finally, the bill simply makes the legislative law’s definition of “restricted period” with regard to specific acts of procurement consistent with the more workable definition of that term adopted in 2016.

The provisions in this legislation will generally allow for greater flexibility in state procurement and increased opportunities, transparency, and ease of use for vendors. For these reasons, The Business Council supports this legislation.

1. In The Importance of Competitive Negotiations to State Information Technology Procurement (The Procurement Lawyer, Spring 2013), authors Robert Metzger and Lauren Kramer compare New York to California and Oregon, states considered to be more innovative in their procurement practices.