Bill Text: NY S06809 | 2021-2022 | General Assembly | Amended

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Bill Title: Relates to restoring the oversight of certain contracts by the state comptroller; makes technical corrections therefor; makes related provisions.

Spectrum: Slight Partisan Bill (Democrat 7-3)

Status: (Passed) 2022-12-30 - APPROVAL MEMO.114 [S06809 Detail]

Download: New_York-2021-S06809-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         6809--A

                               2021-2022 Regular Sessions

                    IN SENATE

                                      May 18, 2021
                                       ___________

        Introduced  by  Sens.  REICHLIN-MELNICK,  BIAGGI, BORRELLO, GOUNARDES --
          read twice and ordered printed, and when printed to  be  committed  to
          the Committee on Finance -- recommitted 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  commit-
          tee

        AN ACT to amend the state finance law and the education law, in relation
          to restoring oversight of certain contracts by the comptroller; and to
          repeal certain provisions of the education law relating thereto

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Paragraph (a) of subdivision 2 of section 112 of the  state
     2  finance  law,  as amended by chapter 257 of the laws of 2021, is amended
     3  to read as follows:
     4    (a) Before any contract made for or by any state  agency,  department,
     5  board, officer, commission, or institution, except the office of general
     6  services  or  its  customer  agencies  serviced by the office of general
     7  services business services center, shall be executed  or  become  effec-
     8  tive,  whenever  such  contract exceeds fifty thousand dollars in amount
     9  and before any contract made for or by the office of  general  services,
    10  whether  for  itself or for its customer agencies serviced by the office
    11  of general services business  services  center,  shall  be  executed  or
    12  become  effective,  whenever  such contract exceeds eighty-five thousand
    13  dollars in amount, it shall first be approved  by  the  comptroller  and
    14  filed in his or her office[, with the exception of contracts established
    15  as  a  centralized  contract  through the office of general services and
    16  purchase orders or other  procurement  transactions  issued  under  such
    17  centralized  contracts.  The].  Provided,  however, that the comptroller
    18  shall make a final written determination with  respect  to  approval  of
    19  such  contract  within ninety days of the submission of such contract to
    20  his or her office unless the comptroller shall notify, in  writing,  the

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11386-04-2
        S. 6809--A                          2

     1  state  agency,  department,  board, officer, commission, or institution,
     2  prior to the expiration of the ninety day period, and for good cause, of
     3  the need for an extension of not more than fifteen days, or a reasonable
     4  period  of time agreed to by such state agency, department, board, offi-
     5  cer, commission, or institution and provided, further, that such written
     6  determination or extension shall be made part of the procurement  record
     7  pursuant  to  paragraph  f  of  subdivision  one  of section one hundred
     8  sixty-three of this chapter.
     9    § 2. Subdivision 5 of section 355 of the education law is REPEALED and
    10  a new subdivision 5 is added to read as follows:
    11    5. Notwithstanding the provisions of subdivision two  of  section  one
    12  hundred  twelve and sections one hundred fifteen, one hundred sixty-one,
    13  and one hundred sixty-three of the state finance law and  section  three
    14  of the New York state printing and public documents law or any other law
    15  to  the  contrary,  the  state  university  trustees  are authorized and
    16  empowered to:
    17    a.  (i)  purchase  materials,   proprietary   electronic   information
    18  resources  including  but  not  limited  to  academic, professional, and
    19  industry journals, reference handbooks and  manuals,  research  tracking
    20  tools,  indexes and abstracts equipment and supplies, including computer
    21  equipment and motor vehicles, where the amount  for  a  single  purchase
    22  does  not  exceed  fifty  thousand  dollars,  (ii) execute contracts for
    23  services and construction contracts to an  amount  not  exceeding  fifty
    24  thousand  dollars,  and  (iii)  contract  for  printing to an amount not
    25  exceeding fifty thousand dollars, without prior approval  by  any  other
    26  state  officer  or  agency,  but subject to rules and regulations of the
    27  state comptroller not otherwise inconsistent with the provisions of this
    28  section and in accordance with the guidelines promulgated by  the  state
    29  university  board  of  trustees  after consultation with the state comp-
    30  troller. In addition, the trustees, after consultation with the  commis-
    31  sioner  of  general  services, are authorized to annually negotiate with
    32  the state comptroller increases in the aforementioned dollar limits  and
    33  the  exemption  of  any  articles,  categories of articles, services, or
    34  commodities from these limits;
    35    b. establish cash advance accounts for the purpose of purchasing mate-
    36  rials, supplies, or services, for cash advances for travel expenses  and
    37  per  diem  allowances,  or  for advance payment of wages and salary. The
    38  account may be used to purchase such materials,  supplies,  or  services
    39  where  the  amount  of  a  single  purchase does not exceed one thousand
    40  dollars, in accordance with such guidelines as shall  be  prescribed  by
    41  the  state  university  trustees after consultation with the state comp-
    42  troller;
    43    c. establish guidelines  in  consultation  with  the  commissioner  of
    44  general  services  authorizing  participation by the state university in
    45  programs administered by the office of general services for the purchase
    46  of available New York state food products. The commissioner  of  general
    47  services  shall  provide assistance to the state university necessary to
    48  enable the university to participate in these programs; and
    49    d. award contract extensions for campus transportation without compet-
    50  itive bidding where such contracts were secured either  through  compet-
    51  itive bidding or through evaluation of proposals however such extensions
    52  may  be  rejected if the amount to be paid to the contractor in any year
    53  of such proposed extension fails to reflect any decrease in the regional
    54  consumer price index for the New York, New York-Northeastern, New Jersey
    55  area, based upon the  consumer  price  index  for  all  urban  consumers
    56  (CPI-U)  during  the  preceding  twelve-month period. At the time of any
        S. 6809--A                          3

     1  contract extension, consideration shall  be  given  to  any  competitive
     2  proposal offered by a public transportation agency. Such contract may be
     3  increased  for  each  year of the contract extension by an amount not to
     4  exceed  the regional consumer price index increase for the New York, New
     5  York-Northeastern, New Jersey area, based upon the consumer price  index
     6  for all urban consumers (CPI-U), during the preceding twelve-month peri-
     7  od,  provided  it  has been satisfactorily established by the contractor
     8  that there has been at least an equivalent increase in the amount of his
     9  cost of operation, during the period of the contract.
    10    Guidelines promulgated by  the  state  university  board  of  trustees
    11  shall,  to the extent practicable, require that competitive proposals be
    12  solicited for purchases, and shall include requirements  that  purchases
    13  and  contracts  authorized under this section be at the lowest available
    14  price, including consideration of prices available through  other  state
    15  agencies, consistent with quality requirements, and as will best promote
    16  the  public  interest.  Such  purchases  may  be  made directly from any
    17  contractor pursuant to any contract for commodities let by the office of
    18  general services or any other state agency.
    19    § 3. Subdivision 6 of section 355 of the education law is REPEALED and
    20  a new subdivision 6 is added to read as follows:
    21    6. To enter into any contract or agreement deemed necessary or  advis-
    22  able after consultation with appropriate state agencies for carrying out
    23  the objects and purposes of the state university without prior review or
    24  approval by any state officer or agency other than the state comptroller
    25  and  the  attorney  general  including  contracts with non-profit corpo-
    26  rations organized by officers, employees,  alumni  or  students  of  the
    27  state  university  for  the  furtherance  of  its  objects and purposes.
    28  Contracts or agreements entered into  with  the  federal  government  to
    29  enable participation in federal student loan programs, including any and
    30  all  instruments  required  thereunder,  shall  not  be  subject  to the
    31  requirements of section forty-one of the state  finance  law;  provided,
    32  however,  that  the  state  shall  not  be liable for any portion of any
    33  defaults which it has agreed to assume pursuant to any such agreement in
    34  an amount in excess of money appropriated or otherwise  lawfully  avail-
    35  able therefor at the time the liability for payment arises.
    36    § 4. Paragraph b of subdivision 16 of section 355 of the education law
    37  is REPEALED and a new paragraph b is added to read as follows:
    38    b.  (i)  Notwithstanding  the provisions of subdivision two of section
    39  one hundred twelve of the state  finance  law  relating  to  the  dollar
    40  threshold requiring the comptroller's approval of contracts and subdivi-
    41  sion  six  of  section one hundred sixty-three of the state finance law,
    42  authorize contracts for the purchase of goods  and  services  for  state
    43  university health care facilities:
    44    (A)  for  any  contract  which  does  not exceed seventy-five thousand
    45  dollars; or
    46    (B) for joint or group purchasing arrangements  which  do  not  exceed
    47  seventy-five  thousand dollars without prior approval by any other state
    48  officer or agency in accordance with procedures and  requirements  found
    49  in paragraph a of subdivision five of this section.
    50    (ii)  contracts authorized hereunder shall be subject to article four-
    51  teen of the civil service law and the applicable  provisions  of  agree-
    52  ments  between  the state and employee organizations pursuant to article
    53  fourteen of the civil service law. The trustees are authorized to  nego-
    54  tiate  annually  with  the  state comptroller increases in the aforemen-
    55  tioned dollar limits.
        S. 6809--A                          4

     1    § 5. Subdivision 12 of section 373 of the education  law  is  REPEALED
     2  and a new subdivision 12 is added to read as follows:
     3    12.  To  make  and  execute contracts, lease agreements, and all other
     4  instruments necessary or convenient for the exercise  of  its  corporate
     5  powers and the fulfillment of its corporate purposes under this article;
     6    §  6.  Subdivision  a of section 6218 of the education law is REPEALED
     7  and a new subdivision a is added to read as follows:
     8    a. Notwithstanding the provisions of subdivision two  of  section  one
     9  hundred  twelve  and sections one hundred fifteen, one hundred sixty-one
    10  and one hundred sixty-three of the state finance law and  section  three
    11  of the New York state printing and public documents law or any other law
    12  to  the  contrary,  the  city  university  trustees  are  authorized and
    13  empowered to:
    14    (i) purchase materials; proprietary electronic information  resources,
    15  including, but not limited to, academic, professional and industry jour-
    16  nals,  reference handbooks and manuals, research tracking tools, indexes
    17  and abstracts; and equipment and supplies, including computer  equipment
    18  and  motor  vehicles,  where  the  amount for a single purchase does not
    19  exceed fifty thousand dollars, (ii) execute contracts for services to an
    20  amount not exceeding fifty thousand  dollars,  and  (iii)  contract  for
    21  printing  to  an  amount  not  exceeding fifty thousand dollars, without
    22  prior approval by any other state officer  or  agency,  but  subject  to
    23  rules  and regulations of the state comptroller not otherwise inconsist-
    24  ent with the provisions of this  section  and  in  accordance  with  the
    25  guidelines  promulgated  by  the city university board of trustees after
    26  consultation with the state comptroller. In addition, the  trustees  are
    27  authorized to annually negotiate with the state comptroller increases in
    28  the  aforementioned  dollar  limits  and  the exemption of any articles,
    29  categories of articles, services,  or  commodities  from  these  limits.
    30  Guidelines  promulgated  by the city university board of trustees shall,
    31  to the extent practicable, require that competitive proposals be  solic-
    32  ited  for  purchases,  and shall include requirements that purchases and
    33  contracts authorized under this  section  be  at  the  lowest  available
    34  price.
    35    § 7. Subdivision a-1 of section 6218 of the education law is REPEALED.
    36    § 8. Section 6283 of the education law is REPEALED.
    37    § 9. This act shall take effect immediately.