A5128B-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

A5128B-2011 Text

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

                                   5128--B
                                                          Cal. No. 176

                         2011-2012 Regular Sessions

                            I N  ASSEMBLY

                              February 14, 2011
                                 ___________

  Introduced  by M. of A. BRONSON, LUPARDO, JAFFEE, MAISEL, GALEF, COLTON,
    ROBERTS, N. RIVERA, BOYLAND -- Multi-Sponsored by -- M. of A.  JACOBS,
    McENENY, P. RIVERA, SWEENEY -- read once and referred to the Committee
    on  Governmental  Operations  --  committee  discharged, bill amended,
    ordered reprinted as amended and  recommitted  to  said  committee  --
    ordered to a third reading -- advanced to a third reading, amended and
    ordered reprinted, retaining its place on the order of third reading

  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.  FOR
  PURPOSES  OF  THIS  SUBDIVISION, THE COSTS OF PERFORMING THE SERVICES BY
  STATE EMPLOYEES SHALL INCLUDE ANY SALARY, PENSION COSTS, OR OTHER  BENE-
  FITS  INCLUDING  ANY  INCREMENTAL COSTS THAT ARE REQUIRED FOR EQUIPMENT,
  FACILITIES OR OTHER OVERHEAD. THE COSTS  OF  CONSULTANT  SERVICES  SHALL

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD08162-03-2

 A. 5128--B                          2

  INCLUDE  THE  TOTAL  COST OF THE CONTRACT PLUS ANY COSTS INCURRED BY THE
  AGENCY IN ADMINISTERING THE CONTRACT OVER  AND  ABOVE  THE  COSTS  WHICH
  WOULD  HAVE  BEEN  INCURRED  BY  THE  AGENCY  IF  SUCH SERVICES HAD BEEN
  PERFORMED  BY  STATE  EMPLOYEES.  THE COST COMPARISON SHALL BE EXPRESSED
  WHERE FEASIBLE AS AN HOURLY RATE, OR WHERE SUCH  A  CALCULATION  IS  NOT
  FEASIBLE,  AS  A  TOTAL  ESTIMATED  COST FOR THE ANTICIPATED TERM OF THE
  CONTRACT.
    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.