New York Consolidated Laws, Tax Law - TAX § 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.