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

                                  7764

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             April 23, 2009
                               ___________

Introduced by M. of A. CAHILL -- read once and referred to the Committee
  on Governmental Operations

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
              

A. 7764                             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.