N.Y. Tax Law § 1620: Request for proposals required

§ 1620. Request for proposals required. a. In the event that the

division determines to implement any on-line lottery game whether known

as "Quick Draw" or by any other name, the division shall not acquire,

whether by purchase, lease or otherwise, any equipment or services for

the purpose of such game, except pursuant to a request for proposals. No

contract existing prior to the effective date of this section, or any

amendment of such contract during the initial term thereof, or during

any extension of such term permitted by an option existing as of the

effective date of this section, shall be subject to the provisions of

this section.

b. Requests for proposals issued pursuant to this section shall be

widely distributed to all responsible firms identified by the division

as capable of providing similar equipment and services.

c. The division is hereby authorized to obtain criminal background

information on any proposer for the purpose of determining whether such

proposer has engaged in conduct which would be prejudicial to public

confidence in the state lottery. In connection therewith, the division

shall require in its request for proposals each proposer to submit

identifying information which may include fingerprints. Such information

shall be required from each officer, director, principal, investor,

owner, subcontractor, or employee of the proposer as the division deems

appropriate unless the division makes a written finding that such

information is not required to protect public confidence in the state

lottery.

d. The division may, after providing notice and an opportunity for a

hearing pursuant to the state administrative procedure act, disqualify

any proposer which itself, or any officer, director, principal,

investor, owner, subcontractor, or employee is found to have committed a

felony under the laws of the United States or under the laws of the

state of New York or any other state or foreign jurisdiction or any

crime relating to gaming activities or public contracting, or which is

otherwise found to have engaged in conduct which would be prejudicial to

public confidence in the state lottery. If the division awards a

contract to a person who has committed such a crime or engaged in such

conduct the division shall submit to the comptroller a written finding

explaining such award.

e. This section shall not apply to any equipment or services acquired

through a governmental agency or instrumentality.

f. Prior to extending the initial term of contracts existing prior to

the effective date of this section, the division shall update the

criminal background information of the holders of such contracts;

provided, however a contract existing as of the effective date of this

section shall not be extended beyond the year two thousand two.