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Assembly Bill A7056

2009-2010 Legislative Session

Requires public authorities to negotiate with most qualified architectural and engineering professional firms before negotiating with other firms

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Archive: Last Bill Status - In Senate Committee Finance Committee

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Bill Amendments

2009-A7056 - Details

Current Committee:
Senate Finance
Law Section:
Public Authorities Law
Laws Affected:
Amd §2879, Pub Auth L
Versions Introduced in Other Legislative Sessions:
2011-2012: A6814
2013-2014: A7268
2015-2016: A5759
2017-2018: A5750

2009-A7056 - Summary

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

2009-A7056 - Bill Text download pdf 

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

                                  7056

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             March 19, 2009
                               ___________

Introduced  by  M.  of  A.  BENEDETTO  --  read once and referred to the
  Committee on Corporations, Authorities and Commissions

AN ACT to amend the public authorities law,  in  relation  to  requiring
  public  authorities and public benefits corporations to negotiate with
  professional firms providing architectural or engineering 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.  Section  2879 of the public authorities law is amended by
adding a new subdivision 10 to read as follows:
  10. NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, EVERY  CORPO-
RATION  SHALL  NEGOTIATE  A  CONTRACT WITH THE HIGHEST QUALIFIED PROFES-
SIONAL FIRM FOR ARCHITECTURAL AND/OR ENGINEERING SERVICES AND/OR SURVEY-
ING SERVICES AND/OR LANDSCAPE  ARCHITECTURAL  SERVICES  AT  COMPENSATION
WHICH THE CORPORATION DETERMINES IN WRITING TO BE FAIR AND REASONABLE TO
SUCH  CORPORATION.  IN  MAKING THIS DECISION, THE CORPORATION SHALL TAKE
INTO ACCOUNT THE ESTIMATED VALUE OF THE SERVICES TO BE RENDERED, INCLUD-
ING THE COSTS, THE SCOPE, COMPLEXITY AND  PROFESSIONAL  NATURE  THEREOF.
THE  CORPORATION  SHALL NOT REFUSE TO NEGOTIATE WITH A PROFESSIONAL FIRM
SOLELY BECAUSE THE RATION OF THE "ALLOWABLE INDIRECT  COSTS"  TO  DIRECT
LABOR  COSTS 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 SHALL CONSIDER THE REASONABLENESS OF  COST  BASED
ON  THE  TOTAL  ESTIMATED  COST  OF THE SERVICE OF THE PROFESSIONAL FIRM
WHICH SHALL 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  SPECIF-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10454-01-9

2009-A7056A - Details

Current Committee:
Senate Finance
Law Section:
Public Authorities Law
Laws Affected:
Amd §2879, Pub Auth L
Versions Introduced in Other Legislative Sessions:
2011-2012: A6814
2013-2014: A7268
2015-2016: A5759
2017-2018: A5750

2009-A7056A - Summary

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

2009-A7056A - Bill Text download pdf 

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

                                 7056--A

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             March 19, 2009
                               ___________

Introduced  by  M.  of  A.  BENEDETTO  --  read once and referred to the
  Committee on Corporations, Authorities and  Commissions  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT  to  amend  the public authorities law, in relation to requiring
  public authorities and public benefits corporations to negotiate  with
  professional  firms providing architectural or engineering 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.
  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10454-03-9

co-Sponsors

2009-A7056B (ACTIVE) - Details

Current Committee:
Senate Finance
Law Section:
Public Authorities Law
Laws Affected:
Amd §2879, Pub Auth L
Versions Introduced in Other Legislative Sessions:
2011-2012: A6814
2013-2014: A7268
2015-2016: A5759
2017-2018: A5750

2009-A7056B (ACTIVE) - Summary

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

2009-A7056B (ACTIVE) - Bill Text download pdf 

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

                                 7056--B

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             March 19, 2009
                               ___________

Introduced  by  M.  of  A.  BENEDETTO  --  read once and referred to the
  Committee on Corporations, Authorities and  Commissions  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to  said  committee -- reported and referred to the Committee on Rules
  -- Rules Committee discharged,  bill  amended,  ordered  reprinted  as
  amended and recommitted to the Committee on Rules

AN  ACT  to  amend  the public authorities law, in relation to requiring
  public authorities and public benefits corporations to negotiate  with
  professional  firms providing architectural or engineering 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 AND/OR ENGINEERING 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  AND   SURVEYING
SERVICES,  THE CORPORATION SHALL ENCOURAGE PROFESSIONAL FIRMS ENGAGED IN
THE LAWFUL PRACTICE OF THE PROFESSION TO SUBMIT AN ANNUAL  STATEMENT  OF
QUALIFICATIONS  AND  PERFORMANCE DATA. THE CORPORATION FOR EACH PROPOSED
PROJECT SHALL EVALUATE CURRENT STATEMENTS OF QUALIFICATIONS AND PERFORM-
ANCE DATA ON FILE WITH THE CORPORATION.  IF DESIRED, THE CORPORATION 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.
                                                           LBD10454-04-9

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