S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1330--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              January 9, 2017
                                ___________
 
 Introduced  by Sens. VALESKY, BONACIC -- read twice and ordered printed,
   and when printed to be committed to the Committee on Finance -- recom-
   mitted to the Committee on Finance in accordance with Senate  Rule  6,
   sec.  8  --  committee  discharged, bill amended, ordered reprinted as
   amended and recommitted to said committee

 AN ACT to amend the state finance law, in relation  to  state  contracts
   for landscape architecture
 
   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 388 of the laws of 2017, is amended to read as follows:
   § 136-a. Contracts for architectural, engineering,  geological,  LAND-
 SCAPE  ARCHITECTURE  and surveying services. 1. As used in this section:
 the term "professional 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, geology, LANDSCAPE ARCHITECTURE 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 geological and/or LAND-
 SCAPE  ARCHITECTURE  AND/OR  surveying  services  on the basis of demon-
 strated competence  and  qualification  for  the  type  of  professional
 services required and at fair and reasonable fees.
   3. In the procurement of architectural, engineering, geological, LAND-
 SCAPE  ARCHITECTURE  and surveying services, the requiring state depart-
 ment shall encourage professional firms engaged in the  lawful  practice
 of  the  profession  to submit an annual statement of qualifications and
 performance data. The  requiring  state  department  for  each  proposed
 project shall evaluate current statements of qualifications and perform-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01569-02-8

 S. 1330--A                          2
 
 ance  data  on file with the department. If desired, the requiring state
 department may conduct discussions with three or more professional firms
 regarding anticipated design concepts and proposed methods  of  approach
 to  the assignment. The state department shall select, in order of pref-
 erence, based upon criteria established by the requiring  state  depart-
 ment, no less than three professional firms deemed to be the most highly
 qualified to provide the services required.
   4.  The requiring state department shall negotiate a contract with the
 highest qualified professional firm for architectural and/or engineering
 services and/or geological service and/or LANDSCAPE ARCHITECTURE  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  professional  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 deter-
 mination 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  professional firm are defined as those costs generally associated
 with overhead 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 geological and/or  LANDSCAPE  ARCHITECTURE  AND/OR
 surveying services in excess of twenty-five thousand dollars.
   §  2.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.