Bill Text: NY A10424 | 2021-2022 | General Assembly | Introduced
Bill Title: Provides for discretionary buying thresholds for the purchase of services and commodities for the office of general services or its customer agencies.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2022-06-01 - reported referred to rules [A10424 Detail]
Download: New_York-2021-A10424-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 10424 IN ASSEMBLY May 17, 2022 ___________ Introduced by COMMITTEE ON RULES -- (at request of M. of A. Anderson, 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 for the purchase of services and commodities for the office of general services or its customer agen- cies The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivisions 6 and 6-a of section 163 of the state finance 2 law, as amended by chapter 257 of the laws of 2021, are amended to read 3 as 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 services8center] in an amount not exceeding eighty-five thousand dollars without 9 a formal competitive process; state agencies may purchase services and 10 commodities in an amount not exceeding fifty thousand dollars without a 11 formal competitive process; and state agencies may purchase commodities 12 or 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 6-a. Discretionary purchases. Notwithstanding the provisions of subdi- 21 vision two of section one hundred twelve of this chapter relating to the 22 dollar threshold requiring the state comptroller's approval of 23 contracts, the commissioner of general services may make purchases or 24 enter into contracts for the acquisition of commodities and services for 25 the office of general services or its customer agencies serviced by the EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD13709-01-2A. 10424 2 1 office of general services [business services center] having a value not 2 exceeding eighty-five thousand dollars without prior approval by any 3 other state officer or agency in accordance with procedures and require- 4 ments set forth in this article. 5 § 2. Paragraph (a) of subdivision 2 of section 112 of the state 6 finance law, as amended by chapter 257 of the laws of 2021, is amended 7 to read as follows: 8 (a) Before any contract made for or by any state agency, department, 9 board, officer, commission, or institution, except the office of general 10 services or its customer agencies serviced by the office of general 11 services [business services center], shall be executed or become effec- 12 tive, whenever such contract exceeds fifty thousand dollars in amount 13 and before any contract made for or by the office of general services, 14 whether for itself or for its customer agencies serviced by the office 15 of general services [business services center], shall be executed or 16 become effective, whenever such contract exceeds eighty-five thousand 17 dollars in amount, it shall first be approved by the comptroller and 18 filed in his or her office, with the exception of contracts established 19 as a centralized contract through the office of general services and 20 purchase orders or other procurement transactions issued under such 21 centralized contracts. The comptroller shall make a final written deter- 22 mination with respect to approval of such contract within ninety days of 23 the submission of such contract to his or her office unless the comp- 24 troller shall notify, in writing, the state agency, department, board, 25 officer, commission, or institution, prior to the expiration of the 26 ninety day period, and for good cause, of the need for an extension of 27 not more than fifteen days, or a reasonable period of time agreed to by 28 such state agency, department, board, officer, commission, or institu- 29 tion and provided, further, that such written determination or extension 30 shall be made part of the procurement record pursuant to paragraph f of 31 subdivision one of section one hundred sixty-three of this chapter. 32 § 3. This act shall take effect immediately, provided, however that 33 the amendments to subdivisions 6 and 6-a of section 163 of the state 34 finance law made by section one of this act shall not affect the repeal 35 of such section and shall be deemed repealed therewith.