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

§ 1620. Request for proposals required. a. In the event that the\ndivision determines to implement any on-line lottery game whether known\nas "Quick Draw" or by any other name, the division shall not acquire,\nwhether by purchase, lease or otherwise, any equipment or services for\nthe purpose of such game, except pursuant to a request for proposals. No\ncontract existing prior to the effective date of this section, or any\namendment of such contract during the initial term thereof, or during\nany extension of such term permitted by an option existing as of the\neffective date of this section, shall be subject to the provisions of\nthis section.\n b. Requests for proposals issued pursuant to this section shall be\nwidely distributed to all responsible firms identified by the division\nas capable of providing similar equipment and services.\n c. The division is hereby authorized to obtain criminal background\ninformation on any proposer for the purpose of determining whether such\nproposer has engaged in conduct which would be prejudicial to public\nconfidence in the state lottery. In connection therewith, the division\nshall require in its request for proposals each proposer to submit\nidentifying information which may include fingerprints. Such information\nshall be required from each officer, director, principal, investor,\nowner, subcontractor, or employee of the proposer as the division deems\nappropriate unless the division makes a written finding that such\ninformation is not required to protect public confidence in the state\nlottery.\n d. The division may, after providing notice and an opportunity for a\nhearing pursuant to the state administrative procedure act, disqualify\nany proposer which itself, or any officer, director, principal,\ninvestor, owner, subcontractor, or employee is found to have committed a\nfelony under the laws of the United States or under the laws of the\nstate of New York or any other state or foreign jurisdiction or any\ncrime relating to gaming activities or public contracting, or which is\notherwise found to have engaged in conduct which would be prejudicial to\npublic confidence in the state lottery. If the division awards a\ncontract to a person who has committed such a crime or engaged in such\nconduct the division shall submit to the comptroller a written finding\nexplaining such award.\n e. This section shall not apply to any equipment or services acquired\nthrough a governmental agency or instrumentality.\n f. Prior to extending the initial term of contracts existing prior to\nthe effective date of this section, the division shall update the\ncriminal background information of the holders of such contracts;\nprovided, however a contract existing as of the effective date of this\nsection shall not be extended beyond the year two thousand two.\n