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

                                  5477

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              May 11, 2009
                               ___________

Introduced  by  Sen. BRESLIN -- 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 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
              

S. 5477                             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.