Extends the effectiveness of value limitations on contracts for public buildings.

Sponsor: MARCELLINO
Law Section: General Services, Office of / Law: Amd S3, Chap 674 of 1993

S4030-2011 Actions

Jun 13, 2011: SUBSTITUTED BY A7262
May 2, 2011: ADVANCED TO THIRD READING
Apr 13, 2011: 2ND REPORT CAL.
Apr 12, 2011: 1ST REPORT CAL.362
Mar 14, 2011: REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS

S4030-2011 Meetings

Investigations and Government Operations: Apr 12, 2011

S4030-2011 Calendars

S4030-2011 Votes

VOTE: COMMITTEE VOTE: - Investigations and Government Operations - Apr 12, 2011

Ayes (4): Marcellino, Alesi, Golden, Nozzolio
Ayes W/R (2): Zeldin, Peralta
Excused (2): Squadron, Diaz

S4030-2011 Memo

BILL NUMBER:S4030

TITLE OF BILL:

An act
to amend chapter 674 of the laws of 1993, amending the public buildings
law relating to value limitations on contracts, in relation to extending
the effectiveness thereof

PURPOSE:

This bill would provide for a two-year extension of the State's
authority, which is due to expire on June 30, 2011, to enter into
construction contracts without formal competitive bidding in certain
emergencies.

SUMMARY OF PROVISIONS:

Section 1 of the bill would amend Chapter 674 of the laws of 1993, as
amended by Chapter 116 of the laws of 1995, Chapter 195 of the laws
of 1997, Chapter 117 of the laws of 1999, Chapter 73 of the laws of
2001, Chapter 94 of the laws of 2003, Chapter 56 of the laws of 2005,
Chapter 84 of the laws of 2007, and Chapter 163 of the Laws of 2009,
to provide for a two-year extension through June 30, 2013 authorizing
the State to enter into certain emergency construction contracts
without formal competitive bidding.

Section 2 of the bill would provide that the bill be effective
immediately, and be deemed to have been in full force and effect on
and after April 1, 2011.

EXISTING LAW:

Since 1993, Public Buildings Law � 9 has authorized the Commissioner
of General Services to let contracts in value not exceeding $200,000
(increased to $300,000 in 2007) to respond to construction
emergencies involving a pressing necessity for immediate repair,
reconstruction or maintenance to protect persons or property and to
permit safe continuation of a public use or function.

LEGISLATIVE HISTORY:

Public Buildings Law � 9, enacted in 1983, authorized the Commissioner
of General Services to address construction emergencies without
strict compliance with formal competitive bidding requirements
subject to a value limitation of $40,000. In 1993, section 9 was
amended to increase the value limitation from $40,000 to $200,000
subject to a two-year sunset provision, which extension has been
enacted every two years since 1993. In 2007, the authority was again
extended and the valuation increased from $200,000 to $300,000.

STATEMENT IN SUPPORT:

The emergency contracting authority added in 1993 was intended to
enable immediate attention to a large variety of building and
facility damages inflicted by fire, explosion or other casualty,


equipment failure and like exigencies and breakdowns which occur on
State properties. Such construction emergencies frequently create a
direct threat to the health, safety and lives of State employees,
institutional clients and members of the public. Absent authorization
of expeditious contracting for repair and remedial work, disrupting
malfunctions would remain unaddressed for weeks pending the
statutorily mandated formal contracting processes for State
construction work. Under the current system, the State is able to
immediately act to meet emergencies. Such contracts may be let
without formal competitive bidding but are mandated to be based on
the solicitation of at least three oral competitive bids and must be
approved by the Attorney General and the State Comptroller.

The adoption of this amendment will permit both the adherence to the
full, formal construction contracting method to the maximum
practicable extent and the reduction of the State's losses from
emergencies which demand use of expedited emergency contracting.

BUDGET IMPLICATIONS:

Extension of the sunset provision on the value limitation for
necessary emergency construction contracting will preclude
potentially large losses in additional repair and restoration costs
for damaged State facilities. It will also lessen the effect of
discontinuance of state programs in emergencies, and will limit
further injuries, casualties and malfunctions and consequent claims
against the State. There is no fiscal support needed to implement the
provisions of this bill.

EFFECTIVE DATE:

This act shall take effect immediately, with provisions.

S4030-2011 Text

 S T A T E   O F   N E W   Y O R K
 
                                          4030
 2011-2012 Regular Sessions
 I N  SENATE
 March 14, 2011
 
 Introduced  by  Sen.  MARCELLINO -- (at request of the Office of General
 Services) -- read twice and ordered printed, and when  printed  to  be
 committed to the Committee on Investigations and Government Operations
 AN  ACT  to  amend  chapter 674 of the laws of 1993, amending the public
 buildings law relating to value limitations on contracts, in  relation
 to extending the effectiveness thereof
 

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section 1.

Section 3 of chapter 674 of the laws of 1993, amending  the
 public  buildings  law  relating  to  value limitations on contracts, as
 amended by chapter 163 of the laws  of  2009,  is  amended  to  read  as
 follows:

 

S  3.  This act shall take effect immediately and shall remain in full
 force and effect only until June 30, [2011] 2013.
 

S 2. This act shall take effect immediately and  shall  be  deemed  to
 have been in full force and effect on and after April 1, 2011.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD09952-01-1

S4030-2011: Extends the effectiveness of value limitations on contracts for public buildings