Bill Text: NY S01330 | 2017-2018 | General Assembly | Amended
Bill Title: Relates to state contracts for landscape architecture.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Engrossed - Dead) 2018-06-14 - SUBSTITUTED BY A7819A [S01330 Detail]
Download: New_York-2017-S01330-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 1330--A 2017-2018 Regular Sessions IN SENATE January 9, 2017 ___________ Introduced by Sens. VALESKY, BONACIC -- read twice and ordered printed, and when printed to be committed to the Committee on Finance -- recom- mitted to the Committee on Finance in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the state finance law, in relation to state contracts for landscape architecture The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 136-a of the state finance law, as amended by chap- 2 ter 388 of the laws of 2017, is amended to read as follows: 3 § 136-a. Contracts for architectural, engineering, geological, land- 4 scape architecture and surveying services. 1. As used in this section: 5 the term "professional firm" shall be defined as any individual or sole 6 proprietorship, partnership, corporation, association or other legal 7 entity permitted by law to practice the professions of architecture, 8 engineering, geology, landscape architecture or surveying. 9 The term "state department" shall be defined as those state government 10 departments, divisions or commissions empowered by the state to enter 11 into contractual agreements on behalf of the state of New York. 12 2. It is the policy of New York state to negotiate contracts for 13 architectural and/or engineering services and/or geological and/or land- 14 scape architecture and/or surveying services on the basis of demon- 15 strated competence and qualification for the type of professional 16 services required and at fair and reasonable fees. 17 3. In the procurement of architectural, engineering, geological, land- 18 scape architecture and surveying services, the requiring state depart- 19 ment shall encourage professional firms engaged in the lawful practice 20 of the profession to submit an annual statement of qualifications and 21 performance data. The requiring state department for each proposed 22 project shall evaluate current statements of qualifications and perform- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01569-02-8S. 1330--A 2 1 ance data on file with the department. If desired, the requiring state 2 department may conduct discussions with three or more professional firms 3 regarding anticipated design concepts and proposed methods of approach 4 to the assignment. The state department shall select, in order of pref- 5 erence, based upon criteria established by the requiring state depart- 6 ment, no less than three professional firms deemed to be the most highly 7 qualified to provide the services required. 8 4. The requiring state department shall negotiate a contract with the 9 highest qualified professional firm for architectural and/or engineering 10 services and/or geological service and/or landscape architecture and/or 11 surveying services at compensation which the department determines in 12 writing to be fair and reasonable to the state of New York. In making 13 this decision, the department shall take into account the estimated 14 value of the services to be rendered, including the costs, the scope, 15 complexity, and professional nature thereof. The department shall not 16 refuse to negotiate with a professional firm solely because the ratio of 17 the "allowable indirect costs" to direct labor costs of the professional 18 firm or the hourly labor rate in any labor category of the professional 19 firm exceeds a limitation generally set by the department in the deter- 20 mination of the reasonableness of the estimated cost of services to be 21 rendered by the professional firm, but rather the department should also 22 consider the reasonableness of cost based on the total estimated cost of 23 the service of the professional firm which should include, among other 24 things, all the direct labor costs of the professional firm for such 25 services plus all "allowable indirect costs," other direct costs, and 26 negotiated profit of the professional firm. "Allowable indirect costs" 27 of a professional firm are defined as those costs generally associated 28 with overhead which cannot be specifically identified with a single 29 project or contract and are considered reasonable and allowable under 30 specific state contract or allowability limits. Should the requiring 31 state department be unable to negotiate a satisfactory contract with the 32 professional firm considered to be the most qualified, at a fee the 33 department determines to be fair and reasonable to the state of New 34 York, negotiations with that professional firm shall be formally termi- 35 nated. The requiring state department shall then undertake negotiations 36 with the second most qualified professional firm. Failing accord with 37 the second most qualified professional firm, the department shall 38 formally terminate negotiations. The requiring state department shall 39 then undertake negotiations with the third most qualified professional 40 firm. Should the requiring state department be unable to negotiate a 41 satisfactory contract with any of the selected professional firms, it 42 shall select additional professional firms in order of their competence 43 and qualification and it shall continue negotiations in accordance with 44 this section until an agreement is reached. 45 5. This legislation shall only apply to engineering and/or architec- 46 tural services and/or geological and/or landscape architecture and/or 47 surveying services in excess of twenty-five thousand dollars. 48 § 2. This act shall take effect on the sixtieth day after it shall 49 have become a law.