STATE OF NEW YORK
________________________________________________________________________
1330--A
2017-2018 Regular Sessions
IN SENATE
January 9, 2017
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Introduced by Sens. VALESKY, BONACIC -- read twice and ordered printed,
and when printed to be committed to the Committee on Finance -- recom-
mitted to the Committee on Finance in accordance with Senate Rule 6,
sec. 8 -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee
AN ACT to amend the state finance law, in relation to state contracts
for landscape architecture
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 136-a of the state finance law, as amended by chap-
2 ter 388 of the laws of 2017, is amended to read as follows:
3 § 136-a. Contracts for architectural, engineering, geological, land-
4 scape architecture and surveying services. 1. As used in this section:
5 the term "professional firm" shall be defined as any individual or sole
6 proprietorship, partnership, corporation, association or other legal
7 entity permitted by law to practice the professions of architecture,
8 engineering, geology, landscape architecture or surveying.
9 The term "state department" shall be defined as those state government
10 departments, divisions or commissions empowered by the state to enter
11 into contractual agreements on behalf of the state of New York.
12 2. It is the policy of New York state to negotiate contracts for
13 architectural and/or engineering services and/or geological and/or land-
14 scape architecture and/or surveying services on the basis of demon-
15 strated competence and qualification for the type of professional
16 services required and at fair and reasonable fees.
17 3. In the procurement of architectural, engineering, geological, land-
18 scape architecture and surveying services, the requiring state depart-
19 ment shall encourage professional firms engaged in the lawful practice
20 of the profession to submit an annual statement of qualifications and
21 performance data. The requiring state department for each proposed
22 project shall evaluate current statements of qualifications and perform-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01569-02-8
S. 1330--A 2
1 ance data on file with the department. If desired, the requiring state
2 department may conduct discussions with three or more professional firms
3 regarding anticipated design concepts and proposed methods of approach
4 to the assignment. The state department shall select, in order of pref-
5 erence, based upon criteria established by the requiring state depart-
6 ment, no less than three professional firms deemed to be the most highly
7 qualified to provide the services required.
8 4. The requiring state department shall negotiate a contract with the
9 highest qualified professional firm for architectural and/or engineering
10 services and/or geological service and/or landscape architecture and/or
11 surveying services at compensation which the department determines in
12 writing to be fair and reasonable to the state of New York. In making
13 this decision, the department shall take into account the estimated
14 value of the services to be rendered, including the costs, the scope,
15 complexity, and professional nature thereof. The department shall not
16 refuse to negotiate with a professional firm solely because the ratio of
17 the "allowable indirect costs" to direct labor costs of the professional
18 firm or the hourly labor rate in any labor category of the professional
19 firm exceeds a limitation generally set by the department in the deter-
20 mination of the reasonableness of the estimated cost of services to be
21 rendered by the professional firm, but rather the department should also
22 consider the reasonableness of cost based on the total estimated cost of
23 the service of the professional firm which should include, among other
24 things, all the direct labor costs of the professional firm for such
25 services plus all "allowable indirect costs," other direct costs, and
26 negotiated profit of the professional firm. "Allowable indirect costs"
27 of a professional firm are defined as those costs generally associated
28 with overhead which cannot be specifically identified with a single
29 project or contract and are considered reasonable and allowable under
30 specific state contract or allowability limits. Should the requiring
31 state department be unable to negotiate a satisfactory contract with the
32 professional firm considered to be the most qualified, at a fee the
33 department determines to be fair and reasonable to the state of New
34 York, negotiations with that professional firm shall be formally termi-
35 nated. The requiring state department shall then undertake negotiations
36 with the second most qualified professional firm. Failing accord with
37 the second most qualified professional firm, the department shall
38 formally terminate negotiations. The requiring state department shall
39 then undertake negotiations with the third most qualified professional
40 firm. Should the requiring state department be unable to negotiate a
41 satisfactory contract with any of the selected professional firms, it
42 shall select additional professional firms in order of their competence
43 and qualification and it shall continue negotiations in accordance with
44 this section until an agreement is reached.
45 5. This legislation shall only apply to engineering and/or architec-
46 tural services and/or geological and/or landscape architecture and/or
47 surveying services in excess of twenty-five thousand dollars.
48 § 2. This act shall take effect on the sixtieth day after it shall
49 have become a law.