S T A T E O F N E W Y O R K
________________________________________________________________________
6801
2011-2012 Regular Sessions
I N A S S E M B L Y
March 31, 2011
___________
Introduced by M. of A. GLICK -- read once and referred to the Committee
on Higher Education
AN ACT to amend the education law, in relation to developing a protocol
for the most efficient way to purchase goods for the state university
system
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 355 of the education law is amended by adding two
new subdivisions 5-a and 5-b to read as follows:
5-A. A. THE CHANCELLOR OF THE STATE UNIVERSITY AND THE COMMISSIONER OF
THE OFFICE OF GENERAL SERVICES SHALL DEVELOP A PROTOCOL TO DETERMINE
WHETHER IT IS MORE ECONOMICAL AND EFFICIENT TO PURCHASE GOODS FOR THE
STATE UNIVERSITY SYSTEM THROUGH THE CENTRALIZED CONTRACTS OF THE OFFICE
OF GENERAL SERVICES THAN THROUGH A COMPETITIVE BIDDING PROCESS.
B. THE PROTOCOL SHALL INCLUDE A PROCESS IN WHICH THE CHANCELLOR SHALL
OBTAIN INFORMATION ANNUALLY FROM EACH STATE-OPERATED INSTITUTION AND
UNIVERSITY HEALTH SCIENCES CENTER UNDER THE JURISDICTION OF THE STATE
UNIVERSITY, IN SUCH DETAIL AS REQUIRED BY THE CHANCELLOR, RELATING TO
THE TYPE AND TOTAL AMOUNT OF GOODS, INCLUDING TECHNOLOGY PURCHASES FOR
NEW SOFTWARE, SYSTEMS, ENHANCEMENTS AND EQUIPMENT, THAT EACH STATE-OPER-
ATED INSTITUTION OR UNIVERSITY HEALTH SCIENCES CENTER PROPOSES TO
PURCHASE IN THE UPCOMING FISCAL YEAR.
C. UPON RECEIPT OF THE INFORMATION OBTAINED PURSUANT TO PARAGRAPH B OF
THIS SUBDIVISION, THE CHANCELLOR, PURSUANT TO THE PROTOCOL AND IF JUSTI-
FIED BY PRICE AND VALUE, MAY REQUIRE THE STATE-OPERATED INSTITUTION OR
UNIVERSITY HEALTH SCIENCES CENTER TO MAKE ITS PURCHASES THROUGH THE USE
OF THE CENTRALIZED CONTRACTS OF THE OFFICE OF GENERAL SERVICES.
5-B. A. THE STATE UNIVERSITY SHALL PROVIDE BY OCTOBER FIFTEENTH OF
EACH YEAR TO THE DIRECTOR OF THE DIVISION OF BUDGET, THE STATE COMP-
TROLLER, THE SPEAKER OF THE ASSEMBLY, THE TEMPORARY PRESIDENT OF THE
SENATE AND THE CHAIRS OF THE ASSEMBLY AND SENATE HIGHER EDUCATION
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10592-01-1
A. 6801 2
COMMITTEES A REPORT WHICH SETS FORTH WITH RESPECT TO ITS CONTRACTING
PROCESS THE FOLLOWING INFORMATION FOR THE PRIOR FISCAL YEAR:
(1) THE STATE UNIVERSITY'S PROCUREMENT GUIDELINES;
(2) SELECTION METHOD, INCLUDING "LOWEST PRICE", "BEST VALUE", SOLE
SOURCE, SINGLE SOURCE, NEGOTIATED AND EMERGENCY PROCUREMENT SUBTOTALED
BY STATE-OPERATED INSTITUTIONS AND UNIVERSITY HEALTH SCIENCES CENTERS
AND BY TYPE OF GOODS OR COMMODITY;
(3) NUMBER OF CONTRACTS AWARDED BY NUMBER OF BIDS AND/OR PROPOSALS AND
SOURCE SELECTION METHOD;
(4) A LISTING OF CONTRACTS BY INDIVIDUAL STATE-OPERATED INSTITUTION
AND UNIVERSITY HEALTH SCIENCES CENTER, INCLUDING VENDOR NAME, APPROVAL
DATES, DOLLAR VALUE OF SUCH CONTRACTS, INCLUDING THE TOTAL AMOUNT OF
GOODS PURCHASED THROUGH THE CENTRALIZED CONTRACTS OF THE OFFICE OF
GENERAL SERVICES;
(5) A LISTING OF THE TOTAL NUMBER AND AMOUNT OF CONTRACTS AWARDED FOR
THE PRIOR FISCAL YEAR AND TOTAL YEAR-TO-DATE EXPENDITURES FOR ALL
CONTRACTS, WITH SUBTOTALS BY CENTRAL ADMINISTRATION, AND BY INDIVIDUAL
STATE-OPERATED INSTITUTION AND UNIVERSITY HEALTH SCIENCES CENTER; AND
MAJOR CONTRACT CATEGORY INCLUDING, BUT NOT LIMITED TO, GOODS, EQUIPMENT
AND COMMODITIES;
(6) THE TOTAL NUMBER AND TOTAL DOLLAR VALUE OF SINGLE SOURCE CONTRACTS
AWARDED DURING THE FISCAL YEAR, AND THE PERCENTAGE THAT SUCH CONTRACTS
REPRESENT OF THE STATE UNIVERSITY'S TOTAL NUMBER AND TOTAL DOLLAR VALUE
OF CONTRACT AWARDS DURING THE REPORTING PERIOD; AND
(7) THE NUMBER OF CONTRACTS DISAPPROVED DURING THE FISCAL YEAR AND
REASONS FOR DISAPPROVAL.
B. THE REPORT SHALL ALSO SET FORTH ANY RECOMMENDATIONS TO IMPROVE THE
EFFICIENCY OF THE STATE UNIVERSITY'S PROCUREMENT PROCESS.
S 2. This act shall take effect immediately.