§ 9. Construction emergencies. 1. A "construction emergency" is damage
to or a malfunction in buildings or property of the state of New York
caused by an unanticipated, sudden and unexpected occurrence which
involves a pressing necessity for immediate repair, reconstruction or
maintenance in order to permit the safe continuation of a necessary
public use or function, or to protect the property of the state of New
York, or the life, health or safety of any person.

* 2. Notwithstanding any other provision of this law or any general or
special law, where there is a construction emergency, as defined by
subdivision one of this section, the commissioner of general services
may, upon written notice of such construction emergency from an
authorized officer of the department or agency having jurisdiction of
the property, let emergency contracts for public work or the purchase of
supplies, materials or equipment without complying with formal
competitive bidding requirements, provided that all such contracts shall
be subject to the approval of the attorney general and the comptroller
and that no such contract shall exceed one million five hundred thousand
dollars. Such emergency contracts shall be let only for work necessary
to remedy or ameliorate a construction emergency.

* NB Effective until June 30, 2025

* 2. Notwithstanding any other provision of this law or any general or
special law, where there is a construction emergency, as defined by
subdivision one of this section, the commissioner of general services
may, upon written notice of such construction emergency from an
authorized officer of the department or agency having jurisdiction of
the property, let contracts for public work or the purchase of supplies,
materials or equipment without complying with formal competitive bidding
requirements, provided that all such contracts shall be subject to the
approval of the attorney general and the comptroller and that no such
contract shall exceed one million five hundred thousand dollars.

* NB Effective June 30, 2025

3. The office of general services shall prepare and maintain a written
record of each transaction entered into, pursuant to the provisions of
this section, setting forth (a) the nature of such emergency, (b) the
effect thereof on public property, on the operation of government or on
life, health or safety of any person, (c) a detailed description of the
work to be performed and the cost of such work, (d) engineering and
architectural evaluation showing the need for immediate action, and (e)
the notice of construction emergency from the department or agency
requesting such work. At least three oral competitive bids shall be
solicited and written confirmation of each solicitation shall be
furnished within a reasonable time and maintained as an official record.

* 4. Bidders for such construction emergency contracts shall be
solicited from a list of bidders, which shall be regional in scope,
established by the office of general services based on an invitation to
contractors including certified minority and women-owned contractors to
be so listed, subject to approval by the office of general services,
advertised annually in the procurement opportunities newsletter
published by the department of economic development, in the public
notification service of the office of general services and by newspaper
advertisement as provided in section eight of this article. The office
of general services shall seek to provide prime contract bidding
opportunities for minority and women-owned contractors in the letting of
such emergency contracts. From such list of bidders, the office of
general services shall solicit bidders sequentially or by rotation in
such manner that the listed potential bidders shall be solicited
consecutively, to the extent practicable, and thereby given fair
opportunity to bid in the course of successive needs for emergency
contracts. The office of general services may remove any bidder from
such lists for nonresponsibility or nonreliability. The emergency
contracts let under this section in each month shall be published by the
office of general services in the public notification service.

The department or agency having jurisdiction of the property shall
promptly and diligently take all actions and prepare and submit the
required documentation relating to the contract award for the repair and
remediation of the construction emergency, as necessary to deliver to
the office of the state comptroller as early as practicable prior to the
thirtieth day following the commencement of the work all such
documentation required for the comptroller's approval of the contract.

* NB Expires June 30, 2025