Bill Text: NY A06355 | 2017-2018 | General Assembly | Amended
Bill Title: Enacts the "New York state procurement integrity act".
Spectrum: Moderate Partisan Bill (Democrat 45-12)
Status: (Introduced - Dead) 2018-01-03 - referred to governmental operations [A06355 Detail]
Download: New_York-2017-A06355-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 6355--A 2017-2018 Regular Sessions IN ASSEMBLY March 3, 2017 ___________ Introduced by M. of A. PEOPLES-STOKES, ENGLEBRIGHT, FAHY, O'DONNELL, SCHIMMINGER, BLAKE, BUCHWALD, GALEF, GOODELL, LUPARDO, SKOUFIS, LAVINE, LOPEZ, B. MILLER, WOERNER, COLTON, PHEFFER AMATO, BARRETT, BRONSON, HARRIS, SIMON, SOLAGES, QUART, SIMOTAS, STECK, ROZIC, OAKS, KOLB, MOSLEY, BRAUNSTEIN, ABINANTI, CYMBROWITZ, WALLACE -- Multi-Spon- sored by -- M. of A. DenDEKKER, GLICK, HOOPER -- (at request of the State Comptroller) -- read once and referred to the Committee on Governmental Operations -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the state finance law and the education law, in relation to enacting the "New York state procurement integrity act"; and to repeal section 6283 of the education law relating to procurements of the fund (Part A); to amend the public authorities law, in relation to requiring public authorities to comply with certain provisions of the state finance law relating to procurements (Part B); to amend the public authorities law, in relation to prohibiting certain third party contracts (Part C); to amend the state finance law, in relation to authorizing the state comptroller to oversee certain contracts of the research foundation of the state university of New York (Part D); to amend the economic development law, in relation to expanding require- ments for state authorities to publish procurement opportunities (Part E); and to amend the state finance law and the public authorities law, in relation to prohibiting conflicts of interest by state officers and employees in state procurements and prohibiting conflicts of interest by state authority board members, officers and employees in state and authority procurements (Part F) The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. This act enacts into law major components of legislation 2 which are necessary to implement the New York state procurement integri- 3 ty act. Each component is wholly contained within a Part identified as EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD07080-08-7A. 6355--A 2 1 Parts A through F. The effective date for each particular provision 2 contained within such Part is set forth in the last section of such 3 Part. Any provision in any section contained within a Part, including 4 the effective date of the Part, which makes a reference to a section "of 5 this act," when used in connection with that particular component, shall 6 be deemed to mean and refer to the corresponding section of the Part in 7 which it is found. Section three of this act sets forth the general 8 effective date of this act. 9 PART A 10 Section 1. Paragraph (a) of subdivision 2 of section 112 of the state 11 finance law, as amended by section 18 of part L of chapter 55 of the 12 laws of 2012, is amended to read as follows: 13 (a) Before any contract made for or by any state agency, department, 14 board, officer, commission, or institution, except the office of general 15 services, shall be executed or become effective, whenever such contract 16 exceeds fifty thousand dollars in amount and before any contract made 17 for or by the office of general services shall be executed or become 18 effective, whenever such contract exceeds eighty-five thousand dollars 19 in amount, it shall first be approved by the comptroller and filed in 20 his or her office, [with the exception of contracts established as a21centralized contract through the office of general services and purchase22orders or other procurement transactions issued under such centralized23contracts. The] provided, however, that the comptroller shall make a 24 final written determination with respect to approval of such contract 25 within ninety days of the submission of such contract to his or her 26 office unless the comptroller shall notify, in writing, the state agen- 27 cy, department, board, officer, commission, or institution, prior to the 28 expiration of the ninety day period, and for good cause, of the need for 29 an extension of not more than fifteen days, or a reasonable period of 30 time agreed to by such state agency, department, board, officer, commis- 31 sion, or institution and provided, further, that such written determi- 32 nation or extension shall be made part of the procurement record pursu- 33 ant to paragraph f of subdivision one of section one hundred sixty-three 34 of this chapter. 35 § 2. Subdivisions 5 and 6 of section 355 of the education law, as 36 amended by section 1 of subpart B of part D of chapter 58 of the laws of 37 2011, paragraph a of subdivision 5 as amended by section 31 of part L of 38 chapter 55 of the laws of 2012, are amended to read as follows: 39 5. Notwithstanding the provisions of subdivision two of section one 40 hundred twelve and sections one hundred fifteen, one hundred sixty-one, 41 and one hundred sixty-three of the state finance law and sections three 42 and six of the New York state printing and public documents law or any 43 other law to the contrary, the state university trustees are authorized 44 and empowered to: 45 a. (i) purchase materials, proprietary electronic information 46 resources including but not limited to academic, professional, and 47 industry journals, reference handbooks and manuals, research tracking 48 tools, indexes and abstracts, equipment and supplies, including computer 49 equipment and motor vehicles, where the amount for a single purchase 50 does not exceed two hundred fifty thousand dollars, (ii) execute 51 contracts for services and construction [and construction-related52services] contracts to an amount not exceeding two hundred fifty thou- 53 sand dollars, and (iii) contract for printing to an amount not exceeding 54 two hundred fifty thousand dollars, without prior approval by any otherA. 6355--A 3 1 state officer or agency, but subject to rules and regulations or guide- 2 lines of the state comptroller not otherwise inconsistent with the 3 provisions of this section and in accordance with guidelines promulgated 4 by the state university board of trustees after consultation with the 5 state comptroller. Provided, however, that the dollar limits set forth 6 in this paragraph shall be one hundred twenty-five thousand dollars for 7 single or sole source procurements or where there is a formal protest of 8 the contract award. In addition, where the state comptroller determines 9 adequate internal controls are either not in place or are not being 10 utilized effectively, and such failure has resulted in procurement prac- 11 tices that are inconsistent with the purposes underlying the competitive 12 bidding statutes of the state, including those set forth in subdivision 13 two of section one hundred sixty-three of the state finance law, the 14 comptroller may reduce the dollar limits set forth in this paragraph to 15 an amount not less than fifty thousand dollars or, for state university 16 health care facilities, seventy-five thousand dollars. 17 (a-1) The trustees, after consultation with the commissioner of gener- 18 al services, are authorized to annually negotiate with the state comp- 19 troller increases in the dollar limits set forth in paragraph a of this 20 subdivision and the exemption of any articles, categories of articles or 21 commodities from these limits. 22 (a-2) Guidelines promulgated by the state university board of trustees 23 shall, to the extent practicable, require that competitive proposals be 24 solicited for purchases, and shall include requirements that purchases 25 and contracts authorized under this section be at the lowest available 26 price, including consideration of prices available through other state 27 agencies, consistent with quality requirements, and as will best promote 28 the public interest. Such purchases may be made directly from any 29 contractor pursuant to any contract for commodities let by the office of 30 general services or any other state agency; 31 [a-1. execute contracts for services to an amount not exceeding twenty32thousand dollars without prior approval by any other state officer or33agency, but subject to rules and regulations of the state comptroller34not otherwise inconsistent with the provisions of this section and in35accordance with the guidelines promulgated by the state university board36of trustees after consultation with the state comptroller. In addition,37the trustees, after consultation with the commissioner of general38services, are authorized to annually negotiate with the state comp-39troller increases in the aforementioned dollar limits and the exemption40of any services or categories of services from these limits;] 41 b. to establish cash advance accounts for the purpose of purchasing 42 materials, supplies, or services, for cash advances for travel expenses 43 and per diem allowances, or for advance payment of wages and salary. The 44 account may be used to purchase such materials, supplies, or services 45 where the amount of a single purchase does not exceed [one thousand] two 46 hundred fifty dollars, in accordance with such guidelines as shall be 47 prescribed by the state university trustees after consultation with the 48 state comptroller; 49 c. establish guidelines in consultation with the commissioner of 50 general services authorizing participation by the state university in 51 programs administered by the office of general services for the purchase 52 of available New York state food products. The commissioner of general 53 services shall provide assistance to the state university necessary to 54 enable the university to participate in these programs; 55 d. award contract extensions for campus transportation without compet- 56 itive bidding where such contracts were secured either through compet-A. 6355--A 4 1 itive bidding or through evaluation of proposals in response to a 2 request for proposals, however such extensions may be rejected if the 3 amount to be paid to the contractor in any year of such proposed exten- 4 sion fails to reflect any decrease in the regional consumer price index 5 for the New York, New York-Northeastern, New Jersey area, based upon the 6 index for all urban consumers (CPI-U) during the preceding twelve-month 7 period. At the time of any contract extension, consideration shall be 8 given to any competitive proposal offered by a public transportation 9 agency. Such contract may be increased for each year of the contract 10 extension by an amount not to exceed the regional consumer price index 11 increase for the New York, New York-Northeastern, New Jersey area, based 12 upon the index for all urban consumers (CPI-U), during the preceding 13 twelve-month period, provided it has been satisfactorily established by 14 the contractor that there has been at least an equivalent increase in 15 the amount of his cost of operation, during the period of the contract. 16 [e. guidelines promulgated by the state university board of trustees17shall, to the extent practicable, require that competitive proposals be18solicited for purchases, and shall include requirements that purchases19and contracts authorized under this section be at the lowest available20price, including consideration of prices available through other state21agencies, consistent with quality requirements, and as will best promote22the public interest. Such purchases may be made directly from any23contractor pursuant to any contract for commodities let by the office of24general services or any other state agency.] 25 6. To enter into any contract or agreement deemed necessary or advis- 26 able after consultation with appropriate state agencies for carrying out 27 the objects and purposes of state university without prior review or 28 approval by any state officer or agency other than the state comptroller 29 and the attorney general including contracts with non-profit corpo- 30 rations organized by officers, employees, alumni or students of state 31 university for the furtherance of its academic objects and purposes. 32 Contracts or agreements entered into with the federal government to 33 enable participation in federal student loan programs, including any and 34 all instruments required thereunder, shall not be subject to the 35 requirements of section forty-one of the state finance law; provided, 36 however, that the state shall not be liable for any portion of any 37 defaults which it has agreed to assume pursuant to any such agreement in 38 an amount in excess of money appropriated or otherwise lawfully avail- 39 able therefor at the time the liability for payment arises. [The forego-40ing notwithstanding, any contract made for or by the state university41for the purchase of: (i) materials, equipment and supplies, including42computer equipment; (ii) motor vehicles; (iii) construction and43construction-related services contracts; and (iv) printing shall not be44subject to prior approval by any other state officer or agency.] 45 § 3. Paragraph b of subdivision 16 of section 355 of the education 46 law, as amended by section 1 of subpart C of part D of chapter 58 of the 47 laws of 2011, is amended to read as follows: 48 b. Notwithstanding the provisions of subdivision two of section one 49 hundred twelve of the state finance law[,] relating to the dollar thres- 50 hold requiring the comptroller's approval of contracts, subdivision six 51 of section one hundred sixty-three of the state finance law [and section52sixty-three of the executive law (i)] authorize contracts for the 53 purchase of goods for state university health care facilities [without54prior approval by any other state officer or agency,] including 55 contracts for joint or group purchasing arrangements of goods, in 56 accordance with procedures and requirements found in paragraph a ofA. 6355--A 5 1 subdivision five of this section[, and (ii) authorize contracts for2services] which do not exceed [seventy-five] two hundred fifty thousand 3 dollars [without prior approval by any other state officer or agency in4accordance with procedures and requirements found in paragraph a of5subdivision five of this section]. Contracts authorized pursuant to this 6 paragraph shall be subject to article fourteen of the civil service law 7 and the applicable provisions of agreements between the state and 8 employee organizations pursuant to article fourteen of the civil service 9 law. 10 The trustees are authorized to negotiate annually with the state comp- 11 troller increases in the aforementioned dollar limits. 12 § 4. Subdivision 12 of section 373 of the education law, as amended by 13 section 2 of subpart A of part D of chapter 58 of the laws of 2011, is 14 amended to read as follows: 15 12. To procure and execute contracts, lease agreements, and all other 16 instruments necessary or convenient for the exercise of its corporate 17 powers and the fulfillment of its corporate purposes under this article. 18 [Notwithstanding subdivision two of section one hundred twelve of the19state finance law or any other law to the contrary, fund procurements20shall not be subject to the prior approval of any state officer or agen-21cy;] 22 § 5. Subdivisions a and a-1 of section 6218 of the education law, 23 subdivision a as amended and subdivision a-1 as added by section 2 of 24 subpart B of part D of chapter 58 of the laws of 2011, subparagraph (i) 25 of paragraph 1 of subdivision a as amended by section 33 of part L of 26 chapter 55 of the laws of 2012, are amended to read as follows: 27 a. Notwithstanding the provisions of subdivision two of section one 28 hundred twelve and sections one hundred fifteen, one hundred sixty-one 29 and one hundred sixty-three of the state finance law and sections three 30 and six of the New York state printing and public documents law or any 31 other law to the contrary, the city university is authorized and 32 empowered to: 33 [(1)] (i) purchase materials; proprietary electronic information 34 resources, including, but not limited to, academic, professional and 35 industry journals, reference handbooks and manuals, research tracking 36 tools, indexes and abstracts; and equipment and supplies, including 37 computer equipment and motor vehicles, where the amount for a single 38 purchase does not exceed two hundred fifty thousand dollars, (ii) 39 execute contracts for [construction and construction-related services40contracts] services to an amount not exceeding two hundred fifty thou- 41 sand dollars, and (iii) contract for printing to an amount not exceeding 42 two hundred fifty thousand dollars, without prior approval by any other 43 state officer or agency, but subject to rules and regulations or guide- 44 lines of the state comptroller not otherwise inconsistent with the 45 provisions of this section and in accordance with the guidelines promul- 46 gated by the city university board of trustees after consultation with 47 the state comptroller. Provided, however, that the dollar limits set 48 forth in this subdivision shall be one hundred twenty-five thousand 49 dollars for single or sole source procurements or where there is a 50 formal protest of the contract award. In addition, where the state comp- 51 troller determines adequate internal controls are either not in place or 52 are not being utilized effectively, and such failure has resulted in 53 procurement practices that are inconsistent with the purposes underlying 54 the competitive bidding statutes of the state, including those set forth 55 in subdivision two of section one hundred sixty-three of the stateA. 6355--A 6 1 finance law, the comptroller may reduce the dollar limits set forth in 2 this subdivision to an amount not less than fifty thousand dollars. 3 (a-1) The trustees are authorized to annually negotiate with the state 4 comptroller increases in the dollar limits set forth in this subdivision 5 and the exemption of any articles, categories of articles or commodities 6 from these limits. 7 (a-2) Guidelines promulgated by the city university board of trustees 8 shall, to the extent practicable, require that competitive proposals be 9 solicited for purchases, and shall include requirements that purchases 10 and contracts authorized under this section be at the lowest possible 11 price. 12 [(2) execute contracts for services to an amount not exceeding twenty13thousand dollars without prior approval by any other state officer or14agency, but subject to rules and regulations of the state comptroller15not otherwise inconsistent with the provisions of this section and in16accordance with the guidelines promulgated by the city university board17of trustees after consultation with the state comptroller. In addition,18the trustees, after consultation with the commissioner of general19services, are authorized to annually negotiate with the state comp-20troller increases in the aforementioned dollar limits and the exemption21of any services or categories of services from these limits.22a-1. Guidelines promulgated by the city university board of trustees23shall, to the extent practicable, require that competitive proposals be24solicited for purchases, and shall include requirements that purchases25and contracts authorized under this section be at the lowest available26price.] 27 § 6. Section 6283 of the education law is REPEALED. 28 § 7. This act shall take effect immediately; provided, however, that: 29 (a) the amendments to subdivisions 5 and 6 of section 355 and subdivi- 30 sions a and a-1 of section 6218 of the education law made by sections 31 two and five of this act shall not affect the expiration of such 32 provisions pursuant to section 4 of subpart B of part D of chapter 58 of 33 the laws of 2011, as amended, and shall be deemed to expire therewith; 34 (b) the amendments to paragraph b of subdivision 16 of section 355 of 35 the education law made by section three of this act shall not affect the 36 expiration of such paragraph pursuant to section 3 of subpart C of part 37 D of chapter 58 of the laws of 2011, as amended, and shall expire there- 38 with; and 39 (c) the amendments to subdivision 12 of section 373 of the education 40 law made by section four of this act shall not affect the expiration of 41 such subdivision pursuant to section 4 of subpart A of part D of chapter 42 58 of the laws of 2011, as amended, and shall expire therewith. 43 PART B 44 Section 1. Subdivision 1 of section 2879 of the public authorities 45 law, as amended by chapter 564 of the laws of 1988, is amended to read 46 as follows: 47 1. Every public authority and public benefit corporation, a majority 48 of the members of which consist of persons either appointed by the 49 governor or who serve as members by virtue of holding a civil office of 50 the state, or a combination thereof, (such entities to be hereinafter in 51 this section referred to as "corporation") shall adopt by resolution 52 comprehensive guidelines consistent with the methods of evaluating bids 53 and proposals and awarding of contracts authorized by sections one 54 hundred thirty-six-a, one hundred sixty-three and one hundred sixty-A. 6355--A 7 1 three-a of the state finance law and subdivision six of section eight of 2 the public buildings law, unless expressly authorized otherwise by law, 3 which detail the corporation's operative policy and instructions regard- 4 ing the use, awarding, monitoring and reporting of procurement 5 contracts. Guidelines approved by the corporation shall be annually 6 reviewed and approved by the corporation. 7 § 2. This act shall take effect immediately. 8 PART C 9 Section 1. The public authorities law is amended by adding a new 10 section 2882 to read as follows: 11 § 2882. Third party contracting prohibited. 1. Unless authorized by 12 special act of the legislature, no state authority shall enter into a 13 contract or agreement or extend an existing contract or agreement with 14 another entity, (i) where the exclusive or primary role of such entity 15 under the contract or agreement is to procure goods or services of any 16 kind, including, but not limited to, public work, construction, alter- 17 ations, or improvements to public facilities, grant contracts, employ- 18 ment contracts, revenue or concession contracts, the exchange of 19 personal or real property, the exchange of services, or any combination 20 thereof through a contract or agreement with a third party and (ii) 21 where such entity is acting as a procurement conduit, rather than being 22 directly responsible for the goods or services. 23 2. The comptroller may promulgate such rules and regulations as may be 24 necessary to enforce this section, including the standards for determin- 25 ing whether a contract is prohibited by this section. 26 § 2. This act shall take effect immediately and shall apply to 27 contracts entered into on and after such date. 28 PART D 29 Section 1. The state finance law is amended by adding a new section 30 148 to read as follows: 31 § 148. Comptroller approval of the research foundation of the state 32 university of New York contracts. Notwithstanding any other provision of 33 law, before any contract made for or by the research foundation of the 34 state university of New York which is to be paid in whole or in part 35 from monies appropriated or assigned by the state shall be executed or 36 become effective, whenever such contract exceeds one million dollars in 37 amount, it shall first be approved by the state comptroller and filed in 38 his or her office. The comptroller shall make a final written determi- 39 nation with respect to approval of such contract within ninety days of 40 the submission of such contract to his or her office unless the comp- 41 troller shall notify, in writing, the research foundation of the state 42 university of New York prior to the expiration of the ninety day period, 43 and for good cause, of the need for an extension of not more than 44 fifteen days, or a reasonable period of time agreed to by the research 45 foundation of the state university of New York and provided, further, 46 that such written determination or extension shall be made part of the 47 procurement record. 48 § 2. This act shall take effect immediately and shall apply to 49 contracts entered into on and after such date. 50 PART EA. 6355--A 8 1 Section 1. Subdivision 3 of section 141 of the economic development 2 law, as amended by section 14 of part L of chapter 55 of the laws of 3 2012, is amended to read as follows: 4 3. "Procurement contract" shall mean any written agreement entered 5 into by an agency for the acquisition of goods, services, or 6 construction of any kind, including agreements awarded by an agency to a 7 single source, a sole source or pursuant to any other method of procure- 8 ment that is not competitive, in the actual or estimated amount of fifty 9 thousand dollars or more. The term does not include an agreement for 10 employment in the civil service. 11 § 2. Paragraph (c) of subdivision 2 and subdivision 5 of section 142 12 of the economic development law, as amended by chapter 137 of the laws 13 of 2008, are amended and a new paragraph (d) is added to subdivision 2 14 to read as follows: 15 (c) for all [other] procurement contracts issued by agencies pursuant 16 to a competitive method of procurement including, but not limited to, an 17 invitation for bid, request for proposals or other means of solicita- 18 tion, for an amount in excess of fifty thousand dollars (i) the name of 19 the contracting agency; (ii) the contract identification number; (iii) a 20 brief description of the goods or services sought, the location where 21 goods are to be delivered or services provided and the contract term; 22 (iv) the address where bids or proposals are to be submitted; (v) the 23 date when bids or proposals are due; (vi) a description of any eligibil- 24 ity or qualification requirement or preference; (vii) a statement as to 25 whether the contract requirements may be fulfilled by a subcontracting, 26 joint venture, or co-production arrangement; (viii) any other informa- 27 tion deemed useful to potential contractors; (ix) the name, address, and 28 telephone number of the person to be contacted for additional informa- 29 tion; and (x) a statement as to whether the goods or services sought had 30 in the immediately preceding three year period been supplied by a 31 foreign business enterprise. 32 (d) for all procurement contracts issued by agencies to a single 33 source, a sole source or pursuant to any other method of procurement 34 that is not competitive, for an amount in excess of fifty thousand 35 dollars (i) the name of the contracting agency; (ii) the name of the 36 recipient of the intended contract, if known at the time; (iii) the 37 contract identification number; (iv) a brief description of the goods or 38 services sought, the location where goods are to be delivered or 39 services provided and the contract term; (v) a description of any eligi- 40 bility or qualification requirement or preference; (vi) a statement as 41 to whether the contract requirements may be fulfilled by a subcontract- 42 ing, joint venture, or co-production arrangement; (vii) any other infor- 43 mation deemed useful to potential contractors; (viii) the name, address, 44 and telephone number of the person to be contacted for additional infor- 45 mation; and (ix) a statement as to whether the goods or services sought 46 had in the immediately preceding three year period been supplied by a 47 foreign business enterprise. 48 5. In addition to any other notice of procurement contract opportu- 49 nities required in this section, for procurement contracts in the amount 50 of two hundred thousand dollars or more to be awarded by all [state] 51 agencies, each agency shall prepare for inclusion in the procurement 52 opportunities newsletter (a) a semi-annual listing of projected procure- 53 ment purchases by category, including projected purchases to be awarded 54 to a single source, a sole source or pursuant to any other method of 55 procurement that is not competitive; (b) an explanation of how to apply 56 for placement on any bidder list maintained by the agency; and (c) aA. 6355--A 9 1 description of procedures for providing advance notification by mail to 2 individuals or business entities on such bidder lists of any request for 3 proposals, in accordance with rules and regulations promulgated by the 4 agency. The commissioner, in consultation with each agency, shall 5 arrange a schedule for each agency's semi-annual listing. 6 § 3. Subdivisions 1 and 4 of section 143 of the economic development 7 law, subdivision 1 as added by chapter 564 of the laws of 1988 and 8 subdivision 4 as added by section 16 of part L of chapter 55 of the laws 9 of 2012, are amended to read as follows: 10 1. Prior to awarding any procurement contract, each agency shall 11 submit to the commissioner information sufficient to enable publication 12 of the notices of procurement contract opportunities described in subdi- 13 vision two of section one hundred forty-two of this article. Such infor- 14 mation shall be submitted to the commissioner in sufficient time to 15 allow a minimum of fifteen business days between publication of such 16 notice and the date on which a bid or proposal is due, except where a 17 shorter period is specifically authorized by law provided, however: 18 (a) in the case of procurement contracts issued by a public benefit 19 corporation or state authority whose contracts and payments are not 20 approved and pre-audited by the comptroller, to a single source, a sole 21 source or pursuant to any other method of procurement that is not 22 competitive, in sufficient time to allow a minimum of fifteen business 23 days between publication of such notice and the date on which the state 24 authority or public benefit corporation intends to make a contract 25 award; or 26 (b) in the case of procurement contracts issued by agencies other than 27 public benefit corporations or state authorities, to a single source, a 28 sole source or pursuant to any other method of procurement that is not 29 competitive, in sufficient time to allow a minimum of fifteen business 30 days between publication of such notice and the date the agency intends 31 to deliver the request for exemption from advertising to the state comp- 32 troller. 33 4. At the time an agency enters into a contract with a single or sole 34 source provider pursuant to section one hundred sixty-three of the state 35 finance law, or pursuant to any other method of procurement that is not 36 competitive, for an amount in excess of fifty thousand dollars, such 37 agency shall submit an announcement of the intended contract for inclu- 38 sion in the procurement opportunities newsletter, and shall specify the 39 recipient of the contract. 40 § 4. Section 146 of the economic development law, as amended by chap- 41 ter 173 of the laws of 2014, is amended to read as follows: 42 § 146. Approval of comptroller. The comptroller shall not approve or 43 file any procurement contract for the acquisition of goods or services, 44 or construction of any kind, in the amount of fifty thousand dollars or 45 more unless notice as provided in section one hundred forty-two of this 46 article shall first have been published in the procurement opportunities 47 newsletter at least fifteen business days prior to the date on which a 48 bid or proposal was due or, in the case of procurement contracts issued 49 to a single source, a sole source or pursuant to any other method of 50 procurement that is not competitive, at least fifteen business days 51 prior to the date on which the agency intends to deliver the request for 52 exemption from advertising to the state comptroller and enter into the 53 contract. Provided, however, such requirement of publication of advance 54 notice shall not apply to contracts exempt from such requirement under 55 section one hundred forty-four of this article; provided further, that 56 the comptroller shall not be required to disapprove a contract if he orA. 6355--A 10 1 she determines that there has been substantial compliance with the 2 requirements of section one hundred forty-two and section one hundred 3 forty-three of this article. The foregoing provisions of this section 4 shall not be construed to limit, in any manner, the right of the comp- 5 troller to demand evidence of adequate competition or such other proofs 6 as he or she may require in the discharge of his or her responsibilities 7 pursuant to section one hundred twelve of the state finance law or any 8 other provision of law. 9 § 5. This act shall take effect immediately. 10 PART F 11 Section 1. The state finance law is amended by adding a new section 12 139-l to read as follows: 13 § 139-l. Conflicts of interest of state officers and employees in 14 state procurements; prohibited. (a) No state officer or employee as 15 defined in section seventy-three of the public officers law shall: 16 1. have any interest, financial or otherwise, direct or indirect, in 17 any contract other than one permissible pursuant to paragraph (a) of 18 subdivision four of section seventy-three of the public officers law; or 19 2. take any action or otherwise involve himself or herself in any 20 activity which, pursuant to the provisions of this chapter or the public 21 officers law, would be deemed a conflict of interest for a state officer 22 or employee that may reasonably be expected to impair the officer's or 23 employee's independent judgment or ability to act impartially and in the 24 best interest of the state, or that may reasonably create the appearance 25 of impropriety through the appearance of favoritism or preferential 26 treatment. 27 (b) If such conflict of interest exists, the state officer or employee 28 must immediately recuse himself or herself in writing from the procure- 29 ment and submit such recusal to the state agency officer in charge of 30 procurement and contracting to be included in the procurement record to 31 the state agency's ethics officer, and to the agency head. 32 § 2. Article 1 of the public authorities law is amended by adding a 33 new title 3 to read as follows: 34 TITLE 3 35 ETHICAL STANDARDS FOR STATE AUTHORITIES 36 Section 10. Conflicts of interest of state authority board members, 37 officers and employees in authority procurements; prohib- 38 ited. 39 § 10. Conflicts of interest of state authority board members, officers 40 and employees in authority procurements; prohibited. 1. No state author- 41 ity board member, officer or employee shall with respect to any state 42 contract or state authority contract: 43 (a) have any interest, financial or otherwise, direct or indirect, in 44 any contract other than one permissible pursuant to paragraph (a) of 45 subdivision four of section seventy-three of the public officers law; or 46 (b) take any action or otherwise involve himself or herself in any 47 activity which, pursuant to the provisions of this chapter or the public 48 officers law, would be deemed a conflict of interest that may reasonably 49 be expected to impair the board member's, officer's or employee's inde- 50 pendent judgment or ability to act impartially and in the best interest 51 of the state authority, or that may reasonably create the appearance of 52 impropriety through the appearance of favoritism or preferential treat- 53 ment.A. 6355--A 11 1 2. If such conflict of interest exists, the state authority board 2 member, officer or employee must immediately recuse himself or herself 3 in writing and submit such recusal to the state authority's ethics offi- 4 cer and any official or committee charged with overseeing ethical 5 conduct in the authority, the chief executive official of the authority 6 and the board chair, as appropriate, the appointing official, and the 7 officer in charge of the authority's procurements to be included in the 8 state authority's procurement record. Any state authority board member 9 who submits such recusal shall also submit such recusal to the appoint- 10 ing official with responsibility for such board member's appointment 11 and, in the case of board members appointed at the recommendation of 12 another official, must also submit such recusal to the recommending 13 official. 14 § 3. This act shall take effect immediately. 15 § 2. Severability clause. If any clause, sentence, paragraph, subdivi- 16 sion, section or part of this act shall be adjudged by any court of 17 competent jurisdiction to be invalid, such judgment shall not affect, 18 impair, or invalidate the remainder thereof, but shall be confined in 19 its operation to the clause, sentence, paragraph, subdivision, section 20 or part thereof directly involved in the controversy in which such judg- 21 ment shall have been rendered. It is hereby declared to be the intent of 22 the legislature that this act would have been enacted even if such 23 invalid provisions had not been included herein. 24 § 3. This act shall take effect immediately provided, however, that 25 the applicable effective date of Parts A through F of this act shall be 26 as specifically set forth in the last section of such Parts.