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.

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