A5128-2011 Actions

• Jun 21, 2012: substituted by s7782
• Jun 19, 2012: amended on third reading (t) 5128c
• Jun 19, 2012: vote reconsidered - restored to third reading
• Jun 19, 2012: RETURNED TO ASSEMBLY
• Jun 19, 2012: recalled from senate
• May 16, 2012: REFERRED TO FINANCE
• May 16, 2012: delivered to senate
• May 16, 2012: passed assembly
• May 9, 2012: amended on third reading 5128b
• Jan 4, 2012: ordered to third reading cal.176
• Jan 4, 2012: RETURNED TO ASSEMBLY
• Jan 4, 2012: DIED IN SENATE
• Jun 16, 2011: REFERRED TO RULES
• Jun 16, 2011: delivered to senate
• Jun 16, 2011: passed assembly
• Jun 14, 2011: ordered to third reading rules cal.175
• Jun 14, 2011: rules report cal.175
• Jun 14, 2011: reported
• Jun 13, 2011: reported referred to rules
• Jun 7, 2011: reported referred to ways and means
• Mar 7, 2011: print number 5128a
• Mar 7, 2011: amend and recommit to governmental operations
• Feb 14, 2011: referred to governmental operations

A5128-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                    5128

                         2011-2012 Regular Sessions

                            I N  ASSEMBLY

                              February 14, 2011
                                 ___________

  Introduced  by M. of A. BRONSON -- read once and referred to the Commit-
    tee on Governmental Operations

  AN ACT to amend the state finance law, in relation to  the  cost  effec-
    tiveness of consultant contracts by state agencies

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


    Section 1. Section 163 of the state finance law is amended by adding a
  new subdivision 15 to read as follows:

    15. A. BEFORE A STATE AGENCY ENTERS INTO  A  CONTRACT  FOR  CONSULTANT
  SERVICES  WHICH  IS  ANTICIPATED TO COST MORE THAN FIVE HUNDRED THOUSAND
  DOLLARS IN A TWELVE MONTH PERIOD THE STATE AGENCY SHALL CONDUCT  A  COST
  COMPARISON  REVIEW  TO  DETERMINE WHETHER THE SERVICES TO BE PROVIDED BY
  THE CONSULTANT CAN BE PERFORMED AT EQUAL  OR  LOWER  COST  BY  UTILIZING
  STATE  EMPLOYEES,  UNLESS  THE  CONTRACT MEETS ONE OF THE EXCEPTIONS SET
  FORTH IN PARAGRAPH B OF THIS SUBDIVISION. AS USED IN  THIS  SECTION  THE
  TERM  "CONSULTANT  SERVICES"  SHALL  MEAN ANY CONTRACT ENTERED INTO BY A
  STATE AGENCY FOR ANALYSIS, EVALUATION, RESEARCH, TRAINING, DATA PROCESS-
  ING, COMPUTER  PROGRAMMING,  ENGINEERING,  ARCHITECTURE,  ENVIRONMENTAL,
  HEALTH  SERVICES, MENTAL HEALTH SERVICES, ACCOUNTING, AUDITING, OR SIMI-
  LAR SERVICES, BUT SHALL  NOT  INCLUDE  LEGAL  SERVICES  OR  SERVICES  IN
  CONNECTION  WITH  LITIGATION  INCLUDING  EXPERT  WITNESSES AND SHALL NOT
  INCLUDE CONTRACTS FOR CONSTRUCTION OR PUBLIC WORKS. THE COST  COMPARISON
  SHALL  COMPARE  THE  ANTICIPATED  COST  OF  CONSULTANT SERVICES WITH THE
  ANTICIPATED COST  OF  PROVIDING  SIMILAR  SERVICES  BY  STATE  EMPLOYEES
  INCLUDING  THE  COST  OF  SALARIES  AND BENEFITS OF ANY ADDITIONAL STATE
  EMPLOYEES THAT WOULD BE REQUIRED TO PERFORM  THE  SERVICES.  THE  ANTIC-
  IPATED  COST  OF  CONSULTANT SERVICES SHALL INCLUDE ALL COSTS ASSOCIATED
  WITH THE CONTRACT INCLUDING THE COST TO THE STATE AGENCY OF  ADMINISTER-
  ING THE CONTRACT.
    B. A COST COMPARISON SHALL NOT BE REQUIRED IF:


   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD08162-01-1

 A. 5128                             2

    (I)  THE  SERVICES  ARE INCIDENTAL TO THE PURCHASE OF REAL OR PERSONAL
  PROPERTY; OR
    (II)  THE CONTRACT IS NECESSARY IN ORDER TO AVOID A CONFLICT OF INTER-
  EST ON THE PART OF THE AGENCY  OR ITS EMPLOYEES; OR
    (III) THE SERVICES ARE OF SUCH A HIGHLY SPECIALIZED NATURE THAT IT  IS
  NOT  FEASIBLE  TO  UTILIZE  STATE  EMPLOYEES  TO PERFORM THEM OR REQUIRE
  SPECIAL EQUIPMENT THAT IS NOT FEASIBLE FOR  THE  STATE  TO  PURCHASE  OR
  LEASE; OR
    (IV) THE SERVICES ARE OF SUCH AN URGENT NATURE THAT IT IS NOT FEASIBLE
  TO UTILIZE STATE EMPLOYEES; OR
    (V)  THE  SERVICES ARE ANTICIPATED TO BE SHORT-TERM AND ARE NOT LIKELY
  TO BE EXTENDED OR REPEATED AFTER THE CONTRACT IS COMPLETED.
    C. NOTHING IN THIS SECTION SHALL BE DEEMED TO AUTHORIZE A STATE AGENCY
  TO ENTER INTO A CONTRACT WHICH IS OTHERWISE PROHIBITED BY LAW.
    D. ALL DOCUMENTS RELATED TO  THE  COST  COMPARISON  REQUIRED  BY  THIS
  SUBDIVISION  SHALL  BE  PUBLIC RECORDS SUBJECT TO DISCLOSURE PURSUANT TO
  ARTICLE SIX OF THE PUBLIC OFFICERS LAW.
    S 2. This act shall take effect on the ninetieth day  after  it  shall
  have become a law; provided, however, that the amendments to section 163
  of  the  state  finance  law  made  by section one of this act shall not
  affect the repeal of such section and shall be deemed to  repeal  there-
  with.