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

                                  7324

                            I N  S E N A T E

                              May 12, 2014
                               ___________

Introduced  by  Sen. MARCELLINO -- (at request of the State Comptroller)
  -- read twice and ordered printed, and when printed to be committed to
  the Committee on Infrastructure and Capital Investment

AN ACT to amend the state finance law and the public buildings  law,  in
  relation  to the consolidation of statutory procurement and consulting
  reports; and to repeal certain provisions of  the  state  finance  law
  relating to reporting

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 17 of section 8 of the state  finance  law,  as
amended  by  chapter  10  of  the  laws  of  2006, is amended to read as
follows:
  [17. Report annually to the legislature on or before May first on  the
contracts  issued  by state agencies during the previous fiscal year for
consulting services. The report shall include the following  information
for each agency:
  a. The number of contracts issued for consulting services;
  b. The name and address of the vendor to whom each contract is issued;
  c. The total dollar value of each contract;
  d. The consulting services for which each contract is issued;
  e. Whether competitive bidding was used in awarding each contract;
  f.  The  number  of  employees,  by  employment  category  within  the
contract, employed to provide services under the contract, the number of
hours they work and their total compensation under the contract.
  For the purposes of this report, a contract  for  consulting  services
shall  mean  any  contract  entered into by a state agency for analysis,
evaluation, research, training, data processing,  computer  programming,
engineering,  environmental  health and mental health services, account-
ing, auditing, paralegal, legal, or similar services. This report  shall
be  available  for  public  inspection  and  copying pursuant to section
eighty-seven of the public officers law provided that in disclosing such
reports pursuant to the public  officers  law,  the  agency  making  the
disclosure  shall redact the name or social security number of any indi-
vidual employee that is included in such document.]
  S 2. Subdivision 5 of section 9 of the public buildings law, as  added
by chapter 674 of the laws of 1993, is amended to read as follows:

              

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13927-02-4

S. 7324                             2

  [5.  On  or  before January thirty-first of each year, the state comp-
troller shall file a report  with  the  chairs  of  the  senate  finance
committee  and  the  assembly  ways  and  means  committee  listing  the
construction emergency contracts let under the terms of this section  in
an amount exceeding ten thousand dollars and approved by the comptroller
during  the  preceding  calendar  year. The report shall with respect to
each such contract state the amount thereof, the name and address of the
contractor, the scope of the work of the contract and the nature of  the
emergency for which it was let.]
  S  3.  Subdivision  14  of  section  163  of  the state finance law is
REPEALED and two new subdivisions  14  and  15  are  added  to  read  as
follows:
  14. REPORTING BY THE STATE COMPTROLLER. TO SUPPORT TRANSPARENCY IN THE
STATE'S  PROCUREMENT  PROCESS  AND PRUDENT PROCUREMENT MANAGEMENT, OVER-
SIGHT AND POLICY-MAKING, THE STATE COMPTROLLER SHALL SUBMIT A REPORT  TO
THE  STATE  PROCUREMENT  COUNCIL,  THE GOVERNOR, THE COMMISSIONER OF THE
OFFICE OF GENERAL SERVICES, THE DIRECTOR OF THE BUDGET, AND THE LEGISLA-
TIVE  FISCAL  COMMITTEES  CONTAINING  DATA  RELATED  TO   STATE   AGENCY
CONTRACTS.    SUCH REPORT SHALL BE MADE ANNUALLY, ON A FISCAL YEAR BASIS
BY THE FIRST OF JULY OF THE NEXT SUCCEEDING YEAR.
  A. FOR STATE AGENCY CONTRACTS, SUCH REPORT SHALL INCLUDE:
  (I) A LIST OF ALL ACTIVE CONTRACTS AS OF THE END OF THE FISCAL YEAR;
  (II) A LIST OF ALL CONTRACTS REVIEWED BY THE OFFICE OF THE STATE COMP-
TROLLER DURING THE FISCAL YEAR;
  (III) A LIST OF CONTRACT AWARD PROTESTS REVIEWED BY THE OFFICE OF  THE
STATE COMPTROLLER AND THE RESOLUTION THEREOF; AND
  (IV)  FOR  CONSULTING CONTRACTS SUBJECT TO APPROVAL OF THE STATE COMP-
TROLLER, A REPORT OF PLANNED AND ACTUAL EMPLOYMENT UNDER EACH CONTRACT.
  B. THE LISTS REQUIRED PURSUANT TO SUBPARAGRAPHS (I) AND (II) OF  PARA-
GRAPH  A  OF  THIS  SUBDIVISION  SHALL INCLUDE, TO THE EXTENT REASONABLY
AVAILABLE, THE FOLLOWING INFORMATION RELATED TO EACH CONTRACT:
  (I) THE STATE AGENCY LETTING THE CONTRACT;
  (II) THE STATE AGENCY FOR WHICH THE CONTRACT IS LET, IF DIFFERENT;
  (III) WHETHER AN AGENCY CONTRACT OR CENTRALIZED CONTRACT;
  (IV) VENDOR NAME AND ADDRESS;
  (V) A DESCRIPTION OF THE CONTRACT. FOR  CONTRACTS  LET  UNDER  SECTION
NINE OF THE PUBLIC BUILDINGS LAW, THE DESCRIPTION SHALL DENOTE THE SCOPE
OF WORK OF THE CONTRACT AND THE NATURE OF THE EMERGENCY FOR WHICH IT WAS
LET;
  (VI) CONTRACT START AND END DATES;
  (VII) THE DOLLAR VALUE OF THE CONTRACT;
  (VIII)  FOR  CONTRACTS  SUBJECT  TO APPROVAL BY THE STATE COMPTROLLER,
WHETHER    APPROVED    OR    NON-APPROVED,    THE    DATE    OF     SUCH
APPROVAL/NON-APPROVAL, AND IF NON-APPROVED, THE REASON OR REASONS THERE-
FOR;
  (IX)  LIFE  TO  DATE AND FISCAL YEAR EXPENDITURES AGAINST THE CONTRACT
AND BY WHICH AGENCIES;
  (X) MAJOR CONTRACT CATEGORY, INCLUDING, BUT NOT LIMITED  TO,  CONSULT-
ANT,  CONSTRUCTION, EQUIPMENT, GRANTS, LEASES, LAND CLAIM, MISCELLANEOUS
SERVICES, PRINTING, REPAYMENT AGREEMENTS, REVENUE AGREEMENTS,  INTERGOV-
ERNMENTAL AGREEMENTS, AND COMMODITIES;
  (XI)  SOURCE SELECTION METHOD, INCLUDING "LOWEST PRICE", "BEST VALUE",
SOLE SOURCE, SINGLE SOURCE, NEGOTIATED AND/OR EMERGENCY PROCUREMENT;
  (XII) NUMBER OF BIDS/PROPOSALS RECEIVED BY THE CONTRACTING AGENCY; AND
  (XIII) SUBTOTALS AS DEEMED APPLICABLE.

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  C. THE REPORT REQUIRED PURSUANT TO SUBPARAGRAPH (IV) OF PARAGRAPH A OF
THIS SUBDIVISION SHALL INCLUDE:
  (I)  INFORMATION REQUIRED TO BE REPORTED BY THE CONTRACTOR ANNUALLY BY
THE EMPLOYMENT CATEGORY  WITHIN  THE  CONTRACT,  INCLUDING  THE  PLANNED
NUMBER  OF EMPLOYEES TO PROVIDE SERVICES UNDER THE CONTRACT, THE PLANNED
NUMBER OF HOURS TO BE WORKED UNDER THE CONTRACT, AND THE  TOTAL  COMPEN-
SATION PLANNED UNDER THE CONTRACT; AND
  (II)  INFORMATION  REQUIRED  TO BE REPORTED BY THE CONTRACTOR ANNUALLY
PURSUANT TO PARAGRAPH G OF SUBDIVISION FOUR  OF  THIS  SECTION,  SPECIF-
ICALLY,  THE  ACTUAL  NUMBER OF EMPLOYEES, BY EMPLOYMENT CATEGORY WITHIN
THE CONTRACT, EMPLOYED TO  PROVIDE  SERVICES  UNDER  THE  CONTRACT,  THE
NUMBER OF HOURS WORKED AND TOTAL COMPENSATION UNDER THE CONTRACT.
  D.  FOR  THE  PURPOSES OF THE REPORT REQUIRED PURSUANT TO SUBPARAGRAPH
(IV) OF PARAGRAPH A OF THIS  SUBDIVISION,  A  "CONTRACT  FOR  CONSULTING
SERVICES"  SHALL  MEAN  ANY  CONTRACT ENTERED INTO BY A STATE AGENCY FOR
ANALYSIS, EVALUATION,  RESEARCH,  TRAINING,  DATA  PROCESSING,  COMPUTER
PROGRAMMING,   ENGINEERING,   ENVIRONMENTAL  HEALTH  AND  MENTAL  HEALTH
SERVICES, ACCOUNTING, AUDITING, PARALEGAL, LEGAL, OR  SIMILAR  SERVICES.
SUCH  REPORT SHALL BE AVAILABLE FOR PUBLIC INSPECTION AND COPYING PURSU-
ANT TO SECTION EIGHTY-SEVEN OF THE PUBLIC OFFICERS LAW PROVIDED THAT  IN
DISCLOSING  SUCH REPORTS PURSUANT TO THE PUBLIC OFFICERS LAW, THE AGENCY
MAKING THE DISCLOSURE SHALL REDACT THE NAME, SOCIAL SECURITY NUMBER  AND
OTHER PERSONAL INFORMATION OF ANY INDIVIDUAL EMPLOYEE OR CONSULTANT THAT
IS INCLUDED IN SUCH DOCUMENT.
  E.  THE  INFORMATION REQUIRED BY THIS SUBDIVISION SHALL BE PROVIDED IN
ELECTRONIC FORMAT IN SUCH FORM AS PRESCRIBED BY  THE  STATE  COMPTROLLER
SUCH THAT THE DATA CAN BE SEARCHED AND SORTED.
  F.  ALL REPORTS REQUIRED UNDER THIS SUBDIVISION SHALL BE AVAILABLE FOR
PUBLIC INSPECTION AND COPYING PURSUANT TO SECTION  EIGHTY-SEVEN  OF  THE
PUBLIC OFFICERS LAW PROVIDED THAT IN DISCLOSING SUCH REPORTS PURSUANT TO
THE  PUBLIC  OFFICERS LAW, THE AGENCY MAKING THE DISCLOSURE SHALL REDACT
THE NAME OR SOCIAL SECURITY NUMBER OF ANY INDIVIDUAL  EMPLOYEE  THAT  IS
INCLUDED IN SUCH DOCUMENT.
  15. REPORTING BY AGENCIES. A. STATE AGENCIES SHALL REPORT ANNUALLY, ON
A  FISCAL  YEAR  BASIS,  BY  JULY FIRST OF THE ENSUING YEAR TO THE STATE
PROCUREMENT COUNCIL, THE GOVERNOR, THE LEGISLATIVE FISCAL COMMITTEES AND
THE STATE COMPTROLLER THE TOTAL NUMBER AND TOTAL DOLLAR VALUE OF  SINGLE
SOURCE  CONTRACTS  AWARDED BY THE AGENCY DURING THE FISCAL YEAR, AND THE
PERCENTAGE SUCH CONTRACTS REPRESENT OF THE  AGENCY'S  TOTAL  NUMBER  AND
TOTAL DOLLAR VALUE OF CONTRACT AWARDS DURING THE REPORTING PERIOD.
  B.  EACH  STATE  AGENCY SHALL INCLUDE WITH ITS REPORT AN ASSESSMENT BY
THE AGENCY HEAD OF THE AGENCY'S EFFORTS TO MINIMIZE THE AWARD OF  SINGLE
SOURCE CONTRACTS.
  C.  ALL REPORTS REQUIRED UNDER THIS SUBDIVISION SHALL BE AVAILABLE FOR
PUBLIC INSPECTION AND COPYING PURSUANT TO SECTION  EIGHTY-SEVEN  OF  THE
PUBLIC OFFICERS LAW PROVIDED THAT IN DISCLOSING SUCH REPORTS PURSUANT TO
THE  PUBLIC  OFFICERS LAW, THE AGENCY MAKING THE DISCLOSURE SHALL REDACT
THE NAME OR SOCIAL SECURITY NUMBER OF ANY INDIVIDUAL  EMPLOYEE  THAT  IS
INCLUDED IN SUCH DOCUMENT.
  S  4.  This act shall take effect immediately; provided, however, that
the amendments to subdivision 5 of section 9 of the public buildings law
made by section two of this act shall not affect the expiration  thereof
pursuant  to  chapter  674 of the laws of 1993, as amended, and shall be
deemed to expire therewith; and provided, further, that  the  amendments
to  section  163  of the state finance law made by section three of this

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act shall not affect the repeal of such  section  and  shall  be  deemed
repealed therewith.