S T A T E O F N E W Y O R K
________________________________________________________________________
7976
I N S E N A T E
June 1, 2016
___________
Introduced by Sen. VALESKY -- 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 landscape architecture
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, LANDSCAPE ARCHITEC-
TURE and surveying services. 1. As used in this section: the term
"professional firm" shall be defined as any individual or sole proprie-
torship, partnership, corporation, association or other legal entity
permitted by law to practice the professions of architecture, engineer-
ing, LANDSCAPE ARCHITECTURE 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 LANDSCAPING ARCHITEC-
TURE AND/OR surveying services on the basis of demonstrated competence
and qualification for the type of professional services required and at
fair and reasonable fees.
3. In the procurement of architectural, engineering, LANDSCAPE ARCHI-
TECTURE 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
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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15723-01-6
S. 7976 2
less than three professional firms deemed to be the most highly quali-
fied to provide the services required.
4. The requiring state department shall negotiate a contract with the
highest qualified professional firm for architectural and/or engineering
services and/or LANDSCAPE ARCHITECTURE SERVICE 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 LANDSCAPE ARCHITECTURE AND/OR surveying services
in excess of twenty-five thousand dollars.
S 2. This act shall take effect on the sixtieth day after it shall
become a law.