A5128C-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

A5128C-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 5128--C
 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, DenDEKKER, ENGLEBRIGHT -- 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  --  passed by Assembly and delivered to the
 Senate, recalled from the Senate,  vote  reconsidered,  bill  amended,
 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 the state agencies; and  providing
 for the repeal of such provisions upon expiration thereof
 

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, HEALTH SERVICES, MENTAL
 HEALTH  SERVICES,  ACCOUNTING,  AUDITING, OR SIMILAR SERVICES, BUT SHALL
 NOT INCLUDE ANY PROFESSIONAL DESIGN SERVICES, LEGAL SERVICES OR SERVICES
 IN CONNECTION WITH LITIGATION INCLUDING EXPERT WITNESSES AND  SHALL  NOT
 INCLUDE  CONTRACTS  FOR  CONSTRUCTION,  DESIGN,  OR RELATED PROFESSIONAL
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD08162-07-2
 
       A. 5128--C                          2
 DESIGN SERVICES OF PUBLIC WORKS. FOR PURPOSES OF THIS  SUBDIVISION,  THE
 COSTS  OF  PERFORMING  THE SERVICES BY STATE EMPLOYEES SHALL INCLUDE ANY
 SALARY, PENSION COSTS, ALL OTHER BENEFIT COSTS, COSTS THAT ARE  REQUIRED
 FOR  EQUIPMENT, FACILITIES AND ALL OTHER OVERHEAD. THE COSTS OF CONSULT
 ANT SERVICES SHALL INCLUDE THE TOTAL COST OF THE  CONTRACT.    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. THE ESTIMATED COST OF A COMPARISON STUDY SHALL INCLUDE  THE  FINAN
 CIAL  COSTS  TO  THE STATE INCLUDING THE DIRECT SALARIES AND BENEFITS OF
 EMPLOYEES CONDUCTING THE STUDY AS WELL AS ALL OF THEIR RESPECTIVE DIRECT
 COSTS, INDIRECT COSTS AND ALL OVERHEAD. THE AGENCY SHALL ALSO PREPARE AN
 EMPLOYEE IMPACT STATEMENT THAT IDENTIFIES WHAT OTHER SERVICES MAY NOT BE
 COMPLETED AS A RESULT OF  EMPLOYEES  WORKING  ON  THESE  NEW  COMPARISON
 STUDIES.  IF  A COMPARISON STUDY IS BEING PERFORMED BY AN OUTSIDE AGENCY
 OR AUTHORITY, ALL OF THEIR RESPECTIVE COSTS NEED TO  BE  INCLUDED  ALONG
 WITH  THE  OVERSIGHT  COSTS  OF  INTERNAL AGENCY STAFF. THE COST OF SUCH
 STUDY SHALL BE WHOLLY PAID FOR BY THE AGENCY. NO COSTS  ASSOCIATED  WITH
 THE STUDY SHALL BE PASSED ALONG TO OR ASSOCIATED WITH THE CONSULTANT.
 C. 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; OR
 (VI)  THE  COST OF THE COMPARISON IS ESTIMATED TO BE GREATER THAN FIVE
 PERCENT OF THE CONTRACT,  THE  AGENCY  IS  EXEMPT  FROM  PERFORMING  THE
 COMPARISON.
 D. NOTHING IN THIS SECTION SHALL BE DEEMED TO AUTHORIZE A STATE AGENCY
 TO ENTER INTO A CONTRACT WHICH IS OTHERWISE PROHIBITED BY LAW.
 E.  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.
 F. THIS ANALYSIS SHALL BE COMPLETED NO MORE THAN FIFTEEN DAYS AFTER IT
 COMMENCES  AND MUST BE INITIATED WITHIN THREE DAYS OF THE CONTRACT BEING
 IDENTIFIED.
 

S 2. On or before December 31, 2015 the  office  of  general  services
 shall  prepare  a report, to be delivered to the governor, the temporary
 president of the senate and the speaker of  the  assembly.  Such  report
 shall include, but need not be limited to, an analysis of the effective
 ness  of  the cost comparison study and an analysis of the costs savings
 associated with performing such cost comparison.
 

S 3. This act shall take effect on the ninetieth day  after  it  shall
 have  become  a law and shall expire and be deemed repealed December 31,
 2016; 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 repealed therewith.

*By contributing or voting you agree to the Terms of Participation and Privacy Policy and verify you are over 13.

Discuss!