S T A T E O F N E W Y O R K
2011-2012 Regular Sessions
I N S E N A T E
May 3, 2011
Introduced by Sen. BALL -- read twice and ordered printed, and when
printed to be committed to the Committee on Veterans, Homeland Securi-
ty and Military Affairs
AN ACT relating to the procurement process of homeland security related
goods and services and providing for the repeal of such provisions
upon expiration thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Homeland security procurement. 1. Notwithstanding the
provisions of any law, regulation or executive order to the contrary,
any purchase by the state or by a state agency or local government unit
of commodities, services, including technology to conform to article 11
of the state finance law, that is related to homeland security and paid
for or reimbursed by federal funds awarded by the U.S. department of
homeland security shall be exempt from pre-audit by the state comp-
troller as outlined in section 112 of the state finance law.
2. All homeland security commodities, services, including technology
to conform to article 11 of the state finance law, shall be from the
approved list of expenditures as outlined in federal grant guidance and
be subject to the approval of the state administrative agency adminis-
tering the federal homeland security funds.
3. Any state agency or local unit of government purchasing homeland
security commodities, services, including technology to conform to arti-
cle 11 of the state finance law, must submit for the procurement record
a statement of justification that articulates the form, function and
utility of the contract selected, and an indication as to why such
contract is a best value for the state. All such procurement records
shall be subject to both state and federal audit.
4. Homeland security procurement contracts may be exempt from adver-
tising in the procurement opportunities newsletter providing that home-
land security procurement contract solicitations be conspicuously adver-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
S. 5273 2
tised on either the requisite state agency website or the office of
general services website.
S 2. This act shall take effect immediately and shall expire and be
deemed repealed 2 years after such date.