NY State Senate Bill 2025-S4577

Senate Bill S4577

2025-2026 Legislative Session

Requires public authorities to negotiate with most qualified architectural, engineering, geological, landscape architectural and/or surveying professional firms before negotiating with other firms

download bill text pdf

Current Bill Status - In Senate Committee Corporations, Authorities And Commissions Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 07, 2025	referred to corporations, authorities and commissions

2025-S4577 (ACTIVE) - Details

See Assembly Version of this Bill:: A5520
Current Committee:: Senate Corporations, Authorities And Commissions
Law Section:: Public Authorities Law
Laws Affected:: Amd §2879, Pub Auth L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S3531
2011-2012: S1363
2013-2014: S414, S6639
2015-2016: S4475
2017-2018: S5600
2019-2020: S5115
2021-2022: S5713
2023-2024: S8122, A9575

2025-S4577 (ACTIVE) - Summary

Requires public authorities and public benefit corporations to negotiate with professional firms providing architectural, engineering, geological, landscape architectural or surveying services in order from the most qualified to the least qualified with regard to the provision of services to the authority or corporation.

2025-S4577 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S4577

SPONSOR: COMRIE
 
TITLE OF BILL:

An act to amend the public authorities law, in relation to requiring
public authorities and public benefit corporations to negotiate with
professional firms providing architectural, engineering, geological,
landscape architectural or surveying services in order from the most
qualified to the least qualified with regard to the provision of
services to the authority or corporation

 
PURPOSE OF THE BILL:

This bill would allow public authorities a greater opportunity to nego-
tiate with the most qualified architectural, geological, landscape
architectural, and engineering professional firms through annual state-
ments of qualifications and performance data created by professional
firms.

 
SUMMARY OF PROVISIONS:

§ 1 - Amends subparagraph (iv) of paragraph (b) of subdivision 3 of 2879
of the public Authorities Law. 2 - Effective date.

 
JUSTIFICATION:

The intent of this bill is to ensure that public authorities and public
benefit corporations receive the services of the most qualified contrac-
tor through the establishment of a new mechanism for the procurement of
engineering, architectural and surveying services.  Qualifications Based
Selections (QBS) is a procurement process that is used widely throughout
the country and has recently been adopted by New York City. Instead of
cost-based procurement which focuses primarily on price, QBS procurement
focuses on qualifications and experience as the paramount basis for
selection. However, after the highest technically ranked firm is
selected and the project scope is fully defined, QBS generates a realis-
tic fee based on a fee proposal by the consultant and negotiations with
the agency. If an agency cannot negotiate a fair price with the first
choice consultant, it has the option to negotiate with the next highly
qualified consultant, and so on. QBS allows agencies to select the
design firm with the best experience, capabilities, technical approach
and quality of personnel, matched to the needs of the project and the
agency; generates better plans and specifications, resulting in higher
quality contract documents that make bidding on an d carrying out
construction easier; fosters the development of innovative, cost-effec-
tive design solutions at a fair market value, resulting in lower overall
project costs; and generates design solutions that best meet the needs
of the project, emphasizing public health, safety and quality of life.

QBS is mandated in at least 46 other states and has proven to be an
effective procurement tool. QBS generates competition by bringing more
firms into the bidding process. As a result, owners are ensured a better
project and a savings to the taxpayer.

 
LEGISLATIVE HISTORY:

2023/24: S8122A/ A9575A

2021/22: S5713

2020/21: S5115

2017/18 A.5750/S.5600

2015/16 A.5759A/S.4475A

2013/14 A.7268A/S.6639A

2011/12 A.6814A/S.1363A

 
FISCAL IMPLICATIONS:

Should result in cost savings for the State.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2025-S4577 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4577
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 7, 2025
                                ___________
 
 Introduced  by  Sen.  COMRIE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Corporations,  Authorities
   and Commissions
 
 AN  ACT  to  amend  the public authorities law, in relation to requiring
   public authorities and public benefit corporations to  negotiate  with
   professional  firms  providing architectural, engineering, geological,
   landscape architectural or surveying services in order from  the  most
   qualified  to  the  least  qualified  with  regard to the provision of
   services to the authority or corporation
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subparagraph  (iv)  of  paragraph (b) of subdivision 3 of
 section 2879 of the public authorities law, as amended by chapter 383 of
 the laws of 1994, is amended to read as follows:
   (iv) as used in this subparagraph, the term "professional firm"  shall
 be defined as any individual or sole proprietorship, partnership, corpo-
 ration,  association, or other legal entity permitted by law to practice
 the professions of architecture, engineering or surveying.
   IT IS THE POLICY OF NEW YORK STATE TO NEGOTIATE CONTRACTS  FOR  ARCHI-
 TECTURAL SERVICES AND/OR ENGINEERING SERVICES AND/OR GEOLOGICAL SERVICES
 AND/OR LANDSCAPE ARCHITECTURAL SERVICES 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.
   IN THE PROCUREMENT OF ARCHITECTURAL,  ENGINEERING,  GEOLOGICAL,  LAND-
 SCAPE  ARCHITECTURAL AND SURVEYING SERVICES, THE CORPORATION IS REQUIRED
 TO ENCOURAGE PROFESSIONAL FIRMS ENGAGED IN THE LAWFUL  PRACTICE  OF  THE
 PROFESSION  TO SUBMIT AN ANNUAL STATEMENT OF QUALIFICATIONS AND PERFORM-
 ANCE DATA. THE CORPORATION FOR EACH  PROPOSED  PROJECT  IS  REQUIRED  TO
 EVALUATE  CURRENT  STATEMENTS  OF QUALIFICATIONS AND PERFORMANCE DATA ON
 FILE WITH THE CORPORATION.   IF DESIRED,  THE  CORPORATION  MAY  CONDUCT
 DISCUSSIONS  WITH THREE OR MORE PROFESSIONAL FIRMS REGARDING ANTICIPATED
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06047-01-5

 S. 4577                             2
 
 DESIGN CONCEPTS AND PROPOSED METHODS OF APPROACH TO THE ASSIGNMENT.  THE
 CORPORATION  IS  REQUIRED  TO SELECT, IN ORDER OF PREFERENCE, BASED UPON
 CRITERIA ESTABLISHED BY THE CORPORATION, NO LESS THAN THREE PROFESSIONAL
 FIRMS  DEEMED  TO  BE  THE MOST HIGHLY QUALIFIED TO PROVIDE THE SERVICES
 REQUIRED.
   EVERY CORPORATION IS REQUIRED TO NEGOTIATE A CONTRACT WITH THE HIGHEST
 QUALIFIED PROFESSIONAL FIRM FOR ARCHITECTURAL SERVICES AND/OR  ENGINEER-
 ING  SERVICES  AND/OR GEOLOGICAL SERVICES AND/OR LANDSCAPE ARCHITECTURAL
 SERVICES AND/OR SURVEYING SERVICES AT COMPENSATION WHICH THE CORPORATION
 DETERMINES IN WRITING TO BE FAIR AND REASONABLE TO SUCH CORPORATION.  IN
 MAKING  THIS  DECISION, THE CORPORATION IS REQUIRED TO TAKE INTO ACCOUNT
 THE ESTIMATED VALUE OF THE SERVICES TO BE RENDERED, INCLUDING THE COSTS,
 THE SCOPE, COMPLEXITY AND PROFESSIONAL NATURE THEREOF.
   The corporation 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 corporation in the determination of the reasonableness of the
 estimated  cost of services to be rendered by the professional firm, but
 rather the corporation 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 professional firm are
 defined  as  those costs generally associated with overhead 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 CORPORATION CHOOSE TO ENGAGE IN A QUAL-
 IFICATION BASED PROCUREMENT AND BE UNABLE TO  NEGOTIATE  A  SATISFACTORY
 CONTRACT WITH THE PROFESSIONAL FIRM CONSIDERED TO BE THE MOST QUALIFIED,
 AT  A  FEE  THE  CORPORATION DETERMINES TO BE FAIR AND REASONABLE TO THE
 CORPORATION, NEGOTIATIONS WITH THAT PROFESSIONAL FIRM SHALL BE  FORMALLY
 TERMINATED.   THE CORPORATION SHALL THEN UNDERTAKE NEGOTIATIONS WITH THE
 SECOND MOST QUALIFIED PROFESSIONAL FIRM. FAILING ACCORD WITH THE  SECOND
 MOST  QUALIFIED PROFESSIONAL FIRM, THE CORPORATION SHALL FORMALLY TERMI-
 NATE NEGOTIATIONS. THE CORPORATION  SHALL  THEN  UNDERTAKE  NEGOTIATIONS
 WITH  THE THIRD MOST QUALIFIED PROFESSIONAL FIRM. SHOULD THE CORPORATION
 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 QUALIFICATIONS AND IT SHALL CONTINUE NEGO-
 TIATIONS IN ACCORDANCE WITH THIS SECTION UNTIL AN AGREEMENT IS  REACHED.
 THE  PROVISIONS  OF  THIS  SUBPARAGRAPH  SHALL ONLY APPLY TO ENGINEERING
 SERVICES AND/OR ARCHITECTURAL SERVICES AND/OR GEOLOGICAL SERVICES AND/OR
 LANDSCAPE ARCHITECTURAL SERVICES AND/OR SURVEYING SERVICES IN EXCESS  OF
 TWENTY-FIVE  THOUSAND  DOLLARS  AND  SHALL NOT APPLY TO THE METROPOLITAN
 TRANSPORTATION AUTHORITY, THE NEW YORK CITY  TRANSIT  AUTHORITY  OR  THE
 TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY OR TO ANY OF THEIR SUBSIDIARIES.
   § 2. This act shall take effect immediately.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.