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.
STATE OF NEW YORK
________________________________________________________________________
4734
2009-2010 Regular Sessions
IN SENATE
April 27, 2009
___________
Introduced by Sen. LEIBELL -- 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:
1 Section 1. Homeland security procurement. 1. Notwithstanding the
2 provisions of any law, regulation or executive order to the contrary,
3 any purchase by the state or by a state agency or local government unit
4 of commodities, services, including technology to conform to article 11
5 of the state finance law, that is related to homeland security and paid
6 for or reimbursed by federal funds awarded by the U.S. department of
7 homeland security shall be exempt from pre-audit by the state comp-
8 troller as outlined in section 112 of the state finance law.
9 2. All homeland security commodities, services, including technology
10 to conform to article 11 of the state finance law, shall be from the
11 approved list of expenditures as outlined in federal grant guidance and
12 be subject to the approval of the state administrative agency adminis-
13 tering the federal homeland security funds.
14 3. Any state agency or local unit of government purchasing homeland
15 security commodities, services, including technology to conform to arti-
16 cle 11 of the state finance law, must submit for the procurement record
17 a statement of justification that articulates the form, function and
18 utility of the contract selected, and an indication as to why such
19 contract is a best value for the state. All such procurement records
20 shall be subject to both state and federal audit.
21 4. Homeland security procurement contracts may be exempt from adver-
22 tising in the procurement opportunities newsletter providing that home-
23 land security procurement contract solicitations be conspicuously adver-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11082-01-9
S. 4734 2
1 tised on either the requisite state agency website or the office of
2 general services website.
3 § 2. This act shall take effect immediately and shall expire and be
4 deemed repealed 2 years after such date.
