Bill Text: NY A07327 | 2021-2022 | General Assembly | Introduced
Bill Title: Allows the commissioner to purchase services and commodities for the office of general services or its customer agencies serviced by the office of general services business services center in an amount not exceeding eighty-five thousand dollars without a formal competitive process.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2021-07-16 - signed chap.257 [A07327 Detail]
Download: New_York-2021-A07327-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 7327 2021-2022 Regular Sessions IN ASSEMBLY May 5, 2021 ___________ Introduced by M. of A. ZEBROWSKI -- (at request of the Office of General Services) -- read once and referred to the Committee on Governmental Operations AN ACT to amend the state finance law, in relation to providing for discretionary buying thresholds The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 6 of section 163 of the state finance law, as 2 amended by chapter 96 of the laws of 2019, is amended to read as 3 follows: 4 6. Discretionary buying thresholds. Pursuant to guidelines established 5 by the state procurement council: the commissioner may purchase services 6 and commodities for the office of general services or its customer agen- 7 cies serviced by the office of general services business services center 8 in an amount not exceeding eighty-five thousand dollars without a formal 9 competitive process; state agencies may purchase services and commod- 10 ities in an amount not exceeding fifty thousand dollars without a formal 11 competitive process; and state agencies may purchase commodities or 12 services from small business concerns or those certified pursuant to 13 articles fifteen-A and seventeen-B of the executive law, or commodities 14 or technology that are recycled or remanufactured in an amount not 15 exceeding five hundred thousand dollars without a formal competitive 16 process and for commodities that are food, including milk and milk 17 products, grown, produced or harvested in New York state in an amount 18 not to exceed two hundred thousand dollars, without a formal competitive 19 process. 20 § 2. Subdivision 6-a of section 163 of the state finance law, as 21 amended by chapter 173 of the laws of 2014, is amended to read as 22 follows: 23 6-a. Discretionary purchases. Notwithstanding the provisions of subdi- 24 vision two of section one hundred twelve of this chapter relating to the EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD09952-01-1A. 7327 2 1 dollar threshold requiring the state comptroller's approval of 2 contracts, the commissioner of general services may make purchases or 3 enter into contracts for the acquisition of commodities and services for 4 the office of general services or its customer agencies serviced by the 5 office of general services business services center having a value not 6 exceeding eighty-five thousand dollars without prior approval by any 7 other state officer or agency in accordance with procedures and require- 8 ments set forth in this article. 9 § 3. Paragraph (a) of subdivision 2 of section 112 of the state 10 finance law, as amended by section 18 of part L of chapter 55 of the 11 laws of 2012, is amended to read as follows: 12 (a) Before any contract made for or by any state agency, department, 13 board, officer, commission, or institution, except the office of general 14 services or its customer agencies serviced by the office of general 15 services business services center, shall be executed or become effec- 16 tive, whenever such contract exceeds fifty thousand dollars in amount 17 and before any contract made for or by the office of general services, 18 whether for itself or for its customer agencies serviced by the office 19 of general services business services center, shall be executed or 20 become effective, whenever such contract exceeds eighty-five thousand 21 dollars in amount, it shall first be approved by the comptroller and 22 filed in his or her office, with the exception of contracts established 23 as a centralized contract through the office of general services and 24 purchase orders or other procurement transactions issued under such 25 centralized contracts. The comptroller shall make a final written deter- 26 mination with respect to approval of such contract within ninety days of 27 the submission of such contract to his or her office unless the comp- 28 troller shall notify, in writing, the state agency, department, board, 29 officer, commission, or institution, prior to the expiration of the 30 ninety day period, and for good cause, of the need for an extension of 31 not more than fifteen days, or a reasonable period of time agreed to by 32 such state agency, department, board, officer, commission, or institu- 33 tion and provided, further, that such written determination or extension 34 shall be made part of the procurement record pursuant to paragraph f of 35 subdivision one of section one hundred sixty-three of this chapter. 36 § 4. This act shall take effect immediately, provided, however that 37 the amendments to subdivisions 6 and 6-a of section 163 of the state 38 finance law made by sections one and two of this act shall not affect 39 the repeal of such section and shall be deemed to repeal therewith.
