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.

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S5273-2011 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

S5273-2011 Meetings

Veterans, Homeland Security and Military Affairs: May 10, 2011, Veterans, Homeland Security and Military Affairs: Jun 5, 2012

S5273-2011 Votes

S5273-2011 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.

S5273-2011 Text

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

                                    5273

                         2011-2012 Regular Sessions

                              I N  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-

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD11288-01-1

 S. 5273                             2

  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.