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STATE OF NEW YORK
________________________________________________________________________

5128--A

2011-2012 Regular Sessions

IN ASSEMBLY

February 14, 2011
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Introduced by M. of A. BRONSON, LUPARDO -- read once and referred to the
  Committee  on  Governmental  Operations  -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

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.  CONSULTANT  SERVICES.  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 PROCESSING, COMPUTER PROGRAMMING, ENGINEERING,  ARCHITEC-
TURE,  ENVIRONMENTAL,  HEALTH SERVICES, MENTAL HEALTH SERVICES, ACCOUNT-
ING, AUDITING, OR SIMILAR SERVICES, BUT SHALL NOT INCLUDE LEGAL SERVICES
OR SERVICES IN CONNECTION WITH LITIGATION INCLUDING EXPERT WITNESSES AND
SHALL NOT INCLUDE CONTRACTS FOR CONSTRUCTION OF PUBLIC WORKS.  THE  COST
COMPARISON  SHALL  COMPARE  THE  ANTICIPATED COST OF CONSULTANT SERVICES
WITH THE ANTICIPATED COST OF PROVIDING SIMILAR SERVICES BY STATE EMPLOY-
EES 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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08162-02-1
A. 5128--A                          2

  B. A COST COMPARISON SHALL NOT BE REQUIRED IF:
  (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.