S T A T E O F N E W Y O R K
________________________________________________________________________
5477
2009-2010 Regular Sessions
I N S E N A T E
May 11, 2009
___________
Introduced by Sen. BRESLIN -- read twice and ordered printed, and when
printed to be committed to the Committee on Finance
AN ACT to amend the state finance law, in relation to state contracts
for interior design services
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 136-a of the state finance law, as amended by chap-
ter 746 of the laws of 1982, subdivision 4 as amended by chapter 383 of
the laws of 1994, is amended to read as follows:
S 136-a. Contracts for architectural, engineering, INTERIOR DESIGN,
and surveying services. 1. As used in this section: the term "profes-
sional firm" shall be defined as any individual or sole proprietorship,
partnership, corporation, association or other legal entity permitted by
law to practice the professions of architecture, engineering, INTERIOR
DESIGN, or surveying.
The term "state department" shall be defined as those state government
departments, divisions or commissions empowered by the state to enter
into contractual agreements on behalf of the state of New York.
2. It is the policy of New York state to negotiate contracts for
architectural and/or engineering services AND/OR INTERIOR DESIGN
SERVICES and/or surveying services on the basis of demonstrated compe-
tence and qualification for the type of professional services required
and at fair and reasonable fees.
3. (I) In the procurement of architectural, engineering, INTERIOR
DESIGN, and surveying services, the requiring state department shall
encourage professional firms engaged in the lawful practice of the
profession to submit an annual statement of qualifications and perform-
ance data. The requiring state department for each proposed project
shall evaluate current statements of qualifications and performance data
on file with the department. If desired, the requiring state department
may conduct discussions with three or more professional firms regarding
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11202-01-9
S. 5477 2
anticipated design concepts and proposed methods of approach to the
assignment. The state department shall select, in order of preference,
based upon criteria established by the requiring state department, no
less than three professional firms deemed to be the most highly quali-
fied to provide the services required.
(II) THE ANNUAL STATEMENT OF QUALIFICATIONS FOR INTERIOR DESIGN
SERVICES SHALL INCLUDE INFORMATION DEMONSTRATING THAT SUCH SERVICES ARE
PROVIDED BY AN INTERIOR DESIGNER POSSESSING CERTIFICATION PURSUANT TO
ARTICLE ONE HUNDRED SIXTY-ONE OF THE EDUCATION LAW OR PROVIDED UNDER THE
SUPERVISION OF A CERTIFIED INTERIOR DESIGNER.
4. The requiring state department shall negotiate a contract with the
highest qualified professional firm for architectural and/or engineering
services AND/OR INTERIOR DESIGN SERVICES and/or surveying services at
compensation which the department determines in writing to be fair and
reasonable to the state of New York. In making this decision, the
department shall take into account the estimated value of the services
to be rendered, including the costs, the scope, complexity, and profes-
sional nature thereof. The department shall not refuse to negotiate
with a professional firm solely because the ratio of the "allowable
indirect costs" to direct labor costs of the professional firm or the
hourly labor rate in any labor category of the professional firm exceeds
a limitation generally set by the department in the determination of the
reasonableness of the estimated cost of services to be rendered by the
professional firm, but rather the department should also consider the
reasonableness of cost based on the total estimated cost of the service
of the professional firm which should include, among other things, all
the direct labor costs of the professional firm for such services plus
all "allowable indirect costs," other direct costs, and negotiated
profit of the professional firm. "Allowable indirect costs" of a profes-
sional firm are defined as those costs generally associated with over-
head which cannot be specifically identified with a single project or
contract and are considered reasonable and allowable under specific
state contract or allowability limits. Should the requiring state
department be unable to negotiate a satisfactory contract with the
professional firm considered to be the most qualified, at a fee the
department determines to be fair and reasonable to the state of New
York, negotiations with that professional firm shall be formally termi-
nated. The requiring state department shall then undertake negotiations
with the second most qualified professional firm. Failing accord with
the second most qualified professional firm, the department shall
formally terminate negotiations. The requiring state department shall
then undertake negotiations with the third most qualified professional
firm. Should the requiring state department be unable to negotiate a
satisfactory contract with any of the selected professional firms, it
shall select additional professional firms in order of their competence
and qualification and it shall continue negotiations in accordance with
this section until an agreement is reached.
5. This legislation shall only apply to engineering and/or architec-
tural services AND/OR INTERIOR DESIGN SERVICES and/or surveying services
in excess of twenty-five thousand dollars.
S 2. This act shall take effect on the ninetieth day after it shall
have become a law.