Bill S5273-2011

Relates to the procurement process of homeland security goods and services for state and local government

Relates to the procurement process of homeland security goods and services for state and local government; exempts homeland security purchases from pre-audit by the state comptroller; requires all homeland security commodities to be from the approved list of expenditures; exempts homeland security contracts from advertising in the procurement opportunities newsletter; provides for the repeal of the provisions of this act two years after its effective date.

Details

Actions

  • Jun 6, 2012: REPORTED AND COMMITTED TO FINANCE
  • Jan 4, 2012: REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS
  • May 10, 2011: REPORTED AND COMMITTED TO FINANCE
  • May 3, 2011: REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS

Meetings

Votes

VOTE: COMMITTEE VOTE: - Veterans, Homeland Security and Military Affairs - May 10, 2011
Ayes (12): Ball, Flanagan, Golden, Grisanti, Larkin, McDonald, Zeldin, Avella, Stewart-Cousins, Carlucci, Klein, Savino
Ayes W/R (2): Griffo, Addabbo
VOTE: COMMITTEE VOTE: - Veterans, Homeland Security and Military Affairs - Jun 5, 2012
Ayes (12): Ball, Flanagan, Golden, Grisanti, Larkin, McDonald, Zeldin, Avella, Stewart-Cousins, Carlucci, Klein, Savino
Ayes W/R (2): Griffo, Addabbo

Memo

BILL NUMBER:S5273

TITLE OF BILL: An act relating to the procurement process of homeland security related goods and services and providing for the repeal of such provisions upon expiration thereof

PURPOSE: This bill expedites the procurement process for homeland security goods and services by, exempting from the State Comptroller's pre-audit process, homeland security purchases made by state and local units of government that are paid for or reimbursed by federal funds awarded by the U.S. Department of Homeland Security.

SUMMARY OF PROVISIONS: Section One - Provides for the exemption from the State Comptroller's pre-audit process, homeland security purchases made by state and local units of government that are paid for or reimbursed by federal funds awarded by the U.S. Department of Homeland Security, providing that such purchases are from the approved expenditure list as outlined in the federal grant guidance and subject to the approval of the state administrative agency administering the federal homeland security funds.

State or local units of government making homeland security purchases must submit for the procurement record a statement of justification that articulates the form, function and utility of the contract selected, and an indication as to why such contract is a best value for the state. All such procurement records shall be subject to both state and federal audit.

Homeland security procurement contracts may be exempt from advertising in the procurement opportunities newsletter providing that homeland security procurement contract solicitations be conspicuously advertised on either the requisite state agency website or the office of general services website.

Section Two - This act shall take effect immediately.

JUSTIFICATION: A Task Force assembled by the U.S. Department of Homeland Security to analyze the federal funding process has issued a variety of recommendations on what can be done to improve the flow of homeland security funds and to expedite the purchase of homeland security goods and services. One such recommendation is to alter state and local procurement procedures so that federal homeland security funds can be used in a more timely fashion.

The State Comptroller's pre-audit of homeland security purchases made with federal funds only serves to slow the procurement process as approval often takes several months. Federal Homeland Security funds are already subject to substantial pre-purchase screening, internal controls and regular reporting requirements to the federal government. In addition, all funds are subject to traditional audit

by the State Comptroller, the U.S. Department of Homeland Security and the Government Accountability Office. This bill seeks to remove an administrative obstacle and empower state and local homeland security officials to quickly purchase the equipment, goods and services needed to prevent, prepare for and respond to acts of terrorism.

LEGISLATIVE HISTORY: 2006 - S.178A Passed Senate

FISCAL IMPLICATIONS: None to the state.

EFFECTIVE DATE: This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 5273 2011-2012 Regular Sessions IN SENATE May 3, 2011 ___________
Introduced by Sen. BALL -- read twice and ordered printed, and when printed to be committed to the Committee on Veterans, Homeland Securi- ty and Military Affairs AN ACT relating to the procurement process of homeland security related goods and services 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. Homeland security procurement. 1. Notwithstanding the provisions of any law, regulation or executive order to the contrary, any purchase by the state or by a state agency or local government unit of commodities, services, including technology to conform to article 11 of the state finance law, that is related to homeland security and paid for or reimbursed by federal funds awarded by the U.S. department of homeland security shall be exempt from pre-audit by the state comp- troller as outlined in section 112 of the state finance law. 2. All homeland security commodities, services, including technology to conform to article 11 of the state finance law, shall be from the approved list of expenditures as outlined in federal grant guidance and be subject to the approval of the state administrative agency adminis- tering the federal homeland security funds. 3. Any state agency or local unit of government purchasing homeland security commodities, services, including technology to conform to arti- cle 11 of the state finance law, must submit for the procurement record a statement of justification that articulates the form, function and utility of the contract selected, and an indication as to why such contract is a best value for the state. All such procurement records shall be subject to both state and federal audit. 4. Homeland security procurement contracts may be exempt from adver- tising in the procurement opportunities newsletter providing that home- land security procurement contract solicitations be conspicuously adver-
tised on either the requisite state agency website or the office of general services website. S 2. This act shall take effect immediately and shall expire and be deemed repealed 2 years after such date.

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